senate Bill S4640

Signed by Governor Amended

Provides for the licensure of perfusionists

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 14 / Apr / 2011
    • REFERRED TO HIGHER EDUCATION
  • 21 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1468
  • 21 / Jun / 2011
    • PASSED SENATE
  • 21 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 08 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 22 / May / 2012
    • 1ST REPORT CAL.887
  • 23 / May / 2012
    • 2ND REPORT CAL.
  • 30 / May / 2012
    • AMENDED 4640A
  • 30 / May / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING 4640B
  • 12 / Jun / 2012
    • AMENDED ON THIRD READING (T) 4640C
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO CODES
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A4153C
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.468
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 21 / Sep / 2012
    • DELIVERED TO GOVERNOR
  • 03 / Oct / 2012
    • SIGNED CHAP.479

Summary

Provides for the licensure of perfusionists; allows for the issuance of limited permits for a fee of fifty dollars; provides that such permits are subject to the full disciplinary and regulatory authority of the board of regents and the education department.

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Bill Details

See Assembly Version of this Bill:
A4153
Versions:
S4640
S4640A
S4640B
S4640C
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd §8609, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A4153C, S4640A, A4153C, S4640A
2009-2010: A353A, S4310A, A353A, S4310A
2007-2008: A282A, S37A, A282A, S37A

Sponsor Memo

BILL NUMBER:S4640

TITLE OF BILL:

An act
to amend the education law, in relation to licensure of perfusionists

PURPOSE:

To provide a requirement and procedure for New York State licensure of
perfusionists, who operate the equipment that supports the heart and
lungs during certain medical procedures.

SUMMARY OF PROVISIONS:

The bill would amend the education law by adding a new article 134
containing Sections 6630 through 6636.

Section 6630 provides definitions relevant to the practice of perfusion.

Section 6631 establishes procedures and qualifications for licensure.

Section 6632 provides that only a person licensed or exempt under this
article shall practice perfusion or use the title of "licensed
perfusionist."

Section 6633 establishes a state committee for perfusion, to be
appointed by the board of regents on the recommendation of the
commissioner as a committee of the board for medicine to advise
solely in matters relating to perfusion.

Section 6634 provides for limited permits.

Section 6635 provides requirements for continuing professional
education.

Section 6636 provides for endorsement and exemptions.

JUSTIFICATION:
The New York State Society of Perfusionists requested the introduction
of this bill because perfusion is a highly technical and skilled
profession. Perfusionists operate specialized medical equipment to
support the heart and lungs during certain medical
procedures. Present law does not require licensure, and certification
by a national board is only voluntary, so it is therefore possible
for a person to operate this equipment without formal training. At
the present time, there are approximately 203 perfusionists in New
York State and about 25 percent are not nationally credentialed. This
bill would provide for licensure in New York State while also
creating a transitional period so that medical facilities do not face
a sudden shortage of perfusionists after licensure is enacted, as
well·as for reciprocity with certain other states.

LEGISLATIVE HISTORY:


2009-2010: S.4310-A/A.353-A
2007-2008: S.37/A.282
2005-2006: A.10822

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect three years after it shall have become a
law; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4640

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  licensure  of  perfu-
  sionists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  that  the public interest requires the regulation of the prac-
tice of perfusion and the establishment of clear licensure standards for
perfusionists; and that the health and welfare of the residents  of  the
state  will  be protected by identifying to the public those individuals
who are qualified and legally authorized to practice perfusion.
  S 2. The education law is amended by adding a new article 134 to  read
as follows:
                                ARTICLE 134
                         LICENSED PERFUSIONISTS
SECTION 6630. DEFINITIONS.
        6631. LICENSURE.
        6632. PRACTICE  OF  PERFUSION  AND USE OF TITLE "LICENSED PERFU-
                SIONIST".
        6633. STATE COMMITTEE FOR PERFUSION.
        6634. LIMITED PERMITS.
        6635. CONTINUING PROFESSIONAL EDUCATION.
        6636. ENDORSEMENT AND EXEMPTIONS.
  S 6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM  "PERFUSION-
IST"  MEANS  A  PERSON WHO IS LICENSED TO PRACTICE PERFUSION PURSUANT TO
THIS ARTICLE.
  2. THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION  OF
PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT  OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03264-01-1

S. 4640                             2

  3. THE TERM "PERFUSION" MEANS THE FUNCTIONS NECESSARY FOR THE SUPPORT,
TREATMENT, MEASUREMENT, OR SUPPLEMENTATION OF THE CARDIOVASCULAR, CIRCU-
LATORY  OR RESPIRATORY SYSTEM OR OTHER ORGANS, OR A COMBINATION OF THOSE
ACTIVITIES, AND THE FUNCTIONS NECESSARY TO ENSURE THE SAFE MANAGEMENT OF
PHYSIOLOGIC  FUNCTIONS BY MONITORING AND ANALYZING THE PARAMETERS OF THE
SYSTEMS UNDER AN ORDER AND UNDER THE SUPERVISION OF A LICENSED PHYSICIAN
OR OTHER AUTHORIZED HEALTH  CARE  PRACTITIONER  DURING  AND  WITHIN  THE
PERFUSION PROCEDURES, INCLUDING:
  A.  THE  USE  OF EXTRACORPOREAL CIRCULATION, LONG-TERM CARDIOPULMONARY
SUPPORT TECHNIQUES INCLUDING EXTRACORPOREAL CARBON DIOXIDE  REMOVAL  AND
OXYGENATION,  EXTRACORPOREAL MEMBRANE OXYGENATION (ECMO), AND ASSOCIATED
THERAPEUTIC AND DIAGNOSTIC TECHNOLOGIES;
  B. COUNTERPULSATION, VENTRICULAR  ASSISTANCE,  AUTOTRANSFUSION,  BLOOD
CONSERVATION  TECHNIQUES, MYOCARDIAL AND ORGAN PRESERVATION, EXTRACORPO-
REAL LIFE SUPPORT, AND ISOLATED LIMB PERFUSION;
  C. THE USE OF TECHNIQUES INVOLVING  BLOOD  MANAGEMENT,  ADVANCED  LIFE
SUPPORT, AND OTHER RELATED FUNCTIONS;
  D. THE ADMINISTRATION OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, BLOOD
PRODUCTS  OR  ANESTHETIC  AGENTS  THROUGH  THE EXTRACORPOREAL CIRCUIT OR
THROUGH AN INTRAVENOUS LINE AS ORDERED BY A PHYSICIAN OR  OTHER  AUTHOR-
IZED HEALTH CARE PRACTITIONER;
  E. THE PERFORMANCE AND USE OF ANTICOAGULATION MONITORING AND ANALYSIS,
PHYSIOLOGIC  MONITORING AND ANALYSIS, BLOOD GAS AND CHEMISTRY MONITORING
AND ANALYSIS, HEMATOLOGIC MONITORING AND ANALYSIS, HYPOTHERMIA, HYPERTH-
ERMIA, HEMOCONCENTRATION AND HEMODILUTION, HEMODIALYSIS; AND
  F.  THE  OBSERVATION  OF  SIGNS  AND  SYMPTOMS  RELATED  TO  PERFUSION
SERVICES,  THE  DETERMINATION  OF WHETHER THE SIGNS AND SYMPTOMS EXHIBIT
ABNORMAL CHARACTERISTICS, AND THE IMPLEMENTATION OF APPROPRIATE  REPORT-
ING,  PERFUSION  PROTOCOLS, OR CHANGES IN OR THE INITIATION OF EMERGENCY
PROCEDURES UNDER THE SUPERVISION OF A  PHYSICIAN  OR  AUTHORIZED  HEALTH
CARE  PRACTITIONER,  UNLESS  THE  PATIENT IS IN IMMINENT DANGER AND SUCH
CONSULTATION WOULD LEAD TO SERIOUS HEALTH IMPAIRMENT OR DEATH.
  4. THE TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE  FOR  PERFUSION
CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-THREE OF THIS ARTICLE.
  S  6631.  LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A "LICENSED PERFU-
SIONIST", AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION: HAS SUCCESSFULLY COMPLETED  A  BACCALAUREATE  OR  HIGHER
DEGREE  IN  PERFUSION  REGISTERED  BY THE DEPARTMENT, OR THE SUBSTANTIAL
EQUIVALENT AS DETERMINED BY THE DEPARTMENT. AN EQUIVALENT  TEST  IS  NOT
ACCEPTABLE AS AN ALTERNATIVE TO AN EDUCATIONAL PROGRAM;
  C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON EXAMINATION ACCEPTABLE
TO THE DEPARTMENT;
  D.  AGE:  AT  THE  TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
AGE;
  E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT;
  F.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
  2.  UNTIL TWO YEARS FROM THE IMPLEMENTATION OF THIS ARTICLE:
  (I) APPLICANTS MAY BE LICENSED IF THEY HAVE PRACTICED FOR  FIVE  YEARS
IN  THE  PAST  TEN  YEARS WITH NO DISCIPLINARY HISTORY AND HAVE PASSED A
NATIONAL CERTIFICATION EXAMINATION ACCEPTABLE TO THE COMMITTEE  AND  THE
DEPARTMENT;
  (II)  APPLICANTS  MAY  BE  LICENSED IF THEY HAVE BEEN EMPLOYED WITH NO
DISCIPLINARY HISTORY FOR FIVE YEARS IN THE PAST TEN YEARS IN  A  CARDIAC

S. 4640                             3

SURGICAL  PROGRAM  IN  THE  STATE  ACCEPTABLE  TO  THE COMMITTEE AND THE
DEPARTMENT;
  (III)  APPLICANTS  WHO  POSSESS  CERTIFICATION FROM A NATIONAL CERTIF-
ICATION ORGANIZATION ACCEPTABLE TO THE COMMITTEE AND THE DEPARTMENT  MAY
BE  LICENSED  IF THEY HAVE BEEN EMPLOYED FOR THREE OF THE PAST TEN YEARS
WITH NO DISCIPLINARY HISTORY.
  S 6632. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFUSION-
IST".    ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRAC-
TICE PERFUSION OR USE THE TITLE "LICENSED PERFUSIONIST".
  S 6633.  STATE COMMITTEE FOR PERFUSION.   1.  A  STATE  COMMITTEE  FOR
PERFUSION  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMEN-
DATION OF THE COMMISSIONER AS A COMMITTEE OF THE BOARD FOR  MEDICINE  TO
ADVISE  SOLELY  IN  MATTERS  RELATING  TO  PERFUSION AND SHALL ASSIST ON
MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE  WITH  PARA-
GRAPH  E  OF  SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED THIRTY-ONE OF
THIS ARTICLE.   THE LICENSURE REQUIREMENTS FOR  PERFUSIONISTS  SHALL  BE
WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH APPOINT-
EES SHALL BE LICENSED WITHIN ONE YEAR OF FOLLOWING THE EFFECTIVE DATE OF
THIS ARTICLE.
  2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  A. FOUR LICENSED PERFUSIONISTS;
  B. TWO LICENSED PHYSICIANS SPECIALIZING IN THORACIC SURGERY; AND
  C. ONE EDUCATOR WHO HOLDS A DOCTORATE OR EQUIVALENT DEGREE.
  S  6634.  LIMITED PERMITS.   1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
  2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST.
  3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
ISSUANCE OR TEN DAYS AFTER NOTIFICATION BY THE DEPARTMENT OF THE RESULTS
OF THE FIRST EXAMINATION FOR WHICH THE APPLICANT IS ELIGIBLE.  A LIMITED
PERMIT  SHALL  BE  EXTENDED  FOR  ONE  ADDITIONAL YEAR FOR GOOD CAUSE AS
DETERMINED BY THE DEPARTMENT.
  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL  BE  ONE  HUNDRED  FIVE
DOLLARS.
  S  6635.  CONTINUING  PROFESSIONAL  EDUCATION.   THE COMMITTEE AND THE
DEPARTMENT  SHALL  ESTABLISH  REQUIREMENTS  FOR  CONTINUING  COMPETENCY,
INCLUDING  CONTINUING  EDUCATION IN REGULATION, THAT ARE CONSISTENT WITH
APPLICABLE REGULATIONS IN OTHER PROFESSIONS REGULATED UNDER THIS TITLE.
  S 6636.   ENDORSEMENT AND EXEMPTIONS.  1.  ENDORSEMENT.  PERFUSIONISTS
CURRENTLY  LICENSED  IN  ANOTHER  STATE  MAY BE LICENSED BY ENDORSEMENT,
PROVIDING THE REQUIREMENTS FOR LICENSURE IN SUCH OTHER  STATE  EQUAL  OR
EXCEED THE REQUIREMENTS FOR LICENSURE PURSUANT TO THIS ARTICLE.
  2. EXEMPTIONS. LICENSEES IN PROFESSIONS REGULATED UNDER THIS TITLE ARE
EXEMPT FROM THE PROVISIONS OF THIS ARTICLE TO THE EXTENT THAT THE ACTIV-
ITIES  AND  SERVICES  ALSO  FALL  WITHIN  THE  SCOPE OF PRACTICE OF SUCH
PROFESSIONS.
  S 3. This act shall take effect three years after it shall have become
a law; provided, however,  that  effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed to be made and completed on or before such effective date.

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