senate Bill S5353A

Signed by Governor

Relates to 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

  • 16 / May / 2013
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jun / 2013
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 04 / Jun / 2013
    • PRINT NUMBER 5353A
  • 05 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1292
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A526B
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.291
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 09 / Oct / 2013
    • DELIVERED TO GOVERNOR
  • 21 / Oct / 2013
    • SIGNED CHAP.409

Summary

Relates to the licensure of perfusionists.

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Bill Details

See Assembly Version of this Bill:
A526B
Versions:
S5353
S5353A
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Add Art 134 §§6630 - 6636, Ed L; amd §2, Chap 479 of 2012
Versions Introduced in Previous Legislative Cycles:
2011-2012: A4153C, S4640A, S4640C, A4153C, S4640A, S4640C
2009-2010: A353A, S4310A, A353A, S4310A
2007-2008: A282A, S37A, A282A, S37A
2013-2014: S5353

Sponsor Memo

BILL NUMBER:S5353A

TITLE OF BILL: An act to amend the education law, in relation to
licensure of perfusionists; and to amend chapter 479 of the laws of
2012 amending the education law relating to licensure of
perfusionists, in relation to extending the provisions of such chapter

PURPOSE: This bill relates to the licensure of perfusionists.

SUMMARY OF PROVISIONS: Section 1 - Legislative findings.

Section 2 - Amends by education law by adding a new article 134 -
Licensed perfusionists

Adds Section 6630 - Definitions

Adds Section 6631 - Practice of perfusion and use of title "licensed
perfusionist".

Adds Section 6632 - Requirements for Licensure as a perfusionist.

Adds Section 6633 - Special provisions

Adds Section 6634 - State committee for perfusion

Adds Section 6635 - Limited permits

Adds Section 6636 - Exempt persons

Section 3 - Amends the education law in Section 2 of chapter 479 of
the laws of 2012

Section 4 - Effective Date

JUSTIFICATION: Changes to the education law that required certain
laboratory tests to be performed by licensed professionals had the
unintended consequence of forbidding perfusionists from directly
performing tests essential to the proper operation of machines they
operate during surgery. This forced them to get another licensed
professional to perform tests that they had previously performed
independently while monitoring their machines. That situation created
a risk of error in the operating room, and led to delays in surgery.
In 2012 legislation was signed into law authorizing a temporary permit
process to enable perfusionists to again perform those tests and
operate perfusionists equipment independently until 2014.

This legislation will extend that authorization until 2016, at which
time, perfusionists will be able to apply to become licensed with
State Education Department, and after which time they will be
authorized by law to conduct the appropriate tests and operate the
equipment related to those tests.

LEGISLATIVE HISTORY: Chapter 479 of the Laws of 2012

FISCAL IMPLICATIONS: None


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 is 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
________________________________________________________________________

                                 5353--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education law, in relation to  licensure  of  perfu-
  sionists;  and  to  amend chapter 479 of the laws of 2012 amending the
  education law relating to licensure of perfusionists, in  relation  to
  extending the provisions of such chapter

  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. PRACTICE  OF  PERFUSION  AND USE OF TITLE "LICENSED PERFU-
                SIONIST".
        6632. REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST.
        6633. SPECIAL PROVISIONS.
        6634. STATE COMMITTEE FOR PERFUSION.
        6635. LIMITED PERMITS.
        6636. EXEMPT PERSONS.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11084-05-3

S. 5353--A                          2

  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.
  3.  THE  TERM  "PERFUSION"  MEANS  THE  PROVISION OF EXTRACORPOREAL OR
INTRACORPOREAL PATIENT CARE SERVICES TO SUPPORT OR REPLACE THE  CIRCULA-
TORY  OR RESPIRATORY FUNCTION OF A PATIENT, INCLUDING THE ADMINISTRATION
OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, AND BLOOD PRODUCTS,  AND  THE
MANAGEMENT,  TREATMENT  AND  MONITORING OF THE PHYSIOLOGICAL STATUS OF A
PATIENT DURING THE OPERATION OF EXTRACORPOREAL CIRCULATION EQUIPMENT  OR
INTRACORPOREAL EQUIPMENT THAT REPLACES OR SUPPORT CIRCULATORY OR RESPIR-
ATORY FUNCTIONS.
  ALL PERFUSION SERVICES SHALL BE PURSUANT TO THE ORDER AND DIRECTION OF
A  PHYSICIAN.  PERFUSION SERVICES MAY BE PERFORMED IN A GENERAL HOSPITAL
LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH  LAW  OR
DURING  THE  TRANSPORT OF PATIENTS OR ORGANS SUPPORTED BY EXTRACORPOREAL
OR INTRACORPOREAL EQUIPMENT.
  4. THE TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE  FOR  PERFUSION
CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-FOUR OF THIS ARTICLE.
  S  6631.  PRACTICE  OF PERFUSION AND USE OF TITLE "LICENSED PERFUSION-
IST".  ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE  SHALL  PRAC-
TICE PERFUSION. ONLY PERSONS LICENSED AS PERFUSIONISTS MAY USE THE TITLE
"LICENSED PERFUSIONIST".
  S  6632. REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST.  TO QUALIFY FOR
LICENSURE AS A "LICENSED PERFUSIONIST", AN APPLICANT SHALL  FULFILL  THE
FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION:
  A.  HAS  SUCCESSFULLY  COMPLETED  A  BACCALAUREATE OR HIGHER DEGREE IN
PERFUSION REGISTERED BY THE DEPARTMENT, OR THE SUBSTANTIAL EQUIVALENT AS
DETERMINED BY THE DEPARTMENT; OR
  B. HAS COMPLETED A BACCALAUREATE OR HIGHER DEGREE AND A CREDIT BEARING
CERTIFICATE PROGRAM IN PERFUSION ACCEPTABLE TO THE DEPARTMENT; OR
  C. UNTIL TWO YEARS FROM  THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  HAS
COMPLETED  A  BACCALAUREATE  OR HIGHER DEGREE AND AN ACCREDITED TRAINING
PROGRAM IN PERFUSION ACCEPTABLE TO  THE  DEPARTMENT  PURSUANT  TO  REGU-
LATIONS.
  3. EXAMINATION: HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPT-
ABLE TO THE DEPARTMENT;
  4.  AGE:  AT  THE  TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
AGE;
  5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT;
  6.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 6633. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
FOR A LICENSE AS A LICENSED PERFUSIONIST EXCEPT FOR EXAMINATION, EXPERI-
ENCE  AND  EDUCATION  AND  WHO  MEETS  THE REQUIREMENTS ENUMERATED UNDER
SUBDIVISIONS ONE OR TWO OF THIS SECTION MAY BE LICENSED WITHOUT  MEETING
ADDITIONAL  REQUIREMENTS PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLI-
CATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF  THIS
SECTION:
  1. APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN PRACTICING AS A PERFU-
SIONIST  FOR  FIVE YEARS IN THE PAST TEN YEARS IN AN INPATIENT UNIT THAT
PROVIDES CARDIAC SURGERY SERVICES IN A HOSPITAL APPROVED BY THE  DEPART-
MENT OF HEALTH OR A SUBSTANTIALLY EQUIVALENT ACCREDITING BODY ACCEPTABLE

S. 5353--A                          3

TO  THE  COMMITTEE  AND  THE  DEPARTMENT AT LEAST THREE OF SUCH YEARS OF
EXPERIENCE HAVING OCCURRED DURING THE PAST FIVE YEARS;
  2.  APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL CERTIFICATION
ORGANIZATION  ACCEPTABLE  TO  THE  COMMITTEE  AND  THE DEPARTMENT MAY BE
LICENSED IF THEY HAVE BEEN EMPLOYED AS A PERFUSIONIST FOR THREE  OF  THE
PAST FIVE YEARS.
  S 6634. STATE COMMITTEE FOR PERFUSION. 1. A STATE COMMITTEE FOR PERFU-
SION  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION
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.
  2. THE COMMITTEE SHALL CONSIST OF NO FEWER THAN EIGHT INDIVIDUALS,  TO
BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
  A. FOUR LICENSED PERFUSIONISTS;
  B. TWO LICENSED PHYSICIANS AND
  C. TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
  S  6635.  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  AND
PURSUANT TO THE ORDER AND DIRECTION OF A PHYSICIAN.
  3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE. A LIMITED PERMIT MAY 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 6636. EXEMPT PERSONS. THIS ARTICLE SHALL NOT PROHIBIT:
  1. THE PRACTICE OF PERFUSION BY ANY STUDENT WHO IS ENGAGED IN CLINICAL
TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
OF THE PUBLIC HEALTH LAW OR DURING THE TRANSPORT OF PATIENTS  OR  ORGANS
SUPPORTED  BY  EXTRACORPOREAL  OR  INTRACORPOREAL  EQUIPMENT  AND WHO IS
ENROLLED IN A PERFUSION PROGRAM APPROVED  BY  THE  DEPARTMENT,  PROVIDED
SUCH  PRACTICE  IS  LIMITED  TO  SUCH  CLINICAL  TRAINING WHICH SHALL BE
CARRIED OUT UNDER THE DIRECT SUPERVISION OF A LICENSED PERFUSIONIST  AND
PURSUANT TO THE ORDER AND DIRECTION OF A PHYSICIAN; OR
  2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
THE  DEFINITION  OF  PERFUSION  BY  ANY OTHER PERSON LICENSED UNDER THIS
TITLE, PROVIDED THAT SUCH TASKS OR RESPONSIBILITIES  ARE  AUTHORIZED  BY
THE  ARTICLE  GOVERNING  THE PROFESSION PURSUANT TO WHICH SAID PERSON IS
LICENSED; OR
  3. THE PRACTICE OF PERFUSION BY ANY LEGALLY QUALIFIED PERFUSIONIST  OF
ANY  OTHER  STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE
PUBLIC HEALTH SERVICE OF THE UNITED STATES OR WHO  IS  EMPLOYED  BY  THE
VETERANS  ADMINISTRATION, WHILE ENGAGED IN THE PERFORMANCE OF HIS OR HER
DUTIES.
  S 3. Section 2 of chapter 479 of the laws of 2012 amending the  educa-
tion  law  relating to licensure of perfusionists, is amended to read as
follows:
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law and shall expire and be deemed repealed [July 1, 2014]
TWO  YEARS AFTER ARTICLE 134 OF THE EDUCATION LAW, AS ADDED BY A CHAPTER
OF THE LAWS OF 2013 ENTITLED "AN ACT TO  AMEND  THE  EDUCATION  LAW,  IN
RELATION  TO LICENSURE OF PERFUSIONISTS; AND TO AMEND CHAPTER 479 OF THE
LAWS OF 2012 AMENDING THE EDUCATION LAW RELATING TO LICENSURE OF  PERFU-

S. 5353--A                          4

SIOINISTS,  IN  RELATION  TO  EXTENDING THE PROVISIONS OF SUCH CHAPTER",
TAKES EFFECT.
  S 4. This act shall take effect immediately provided that sections one
and  two  of  this act shall take effect three years after it shall have
become a law; provided, further, that effective immediately,  the  addi-
tion,  amendment  and/or  repeal of any rule or regulation necessary for
the implementation of this act on its effective date is  authorized  and
directed to be made and completed on or before such effective date.

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