senate Bill S1831B

Signed By Governor
2011-2012 Legislative Session

Relates to authorizing polysomnographic technology services

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Archive: Last Bill Status Via A354 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.262
Jul 22, 2011 delivered to governor
Jun 20, 2011 returned to assembly
passed senate
3rd reading cal.1378
substituted for s1831b
Jun 20, 2011 substituted by a354b
ordered to third reading cal.1378
committee discharged and committed to rules
Jun 06, 2011 print number 1831b
amend (t) and recommit to commerce, economic development and small business
Jun 02, 2011 print number 1831a
amend and recommit to commerce, economic development and small business
Mar 01, 2011 reported and committed to commerce, economic development and small business
Jan 13, 2011 referred to higher education

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1831 - Bill Details

See Assembly Version of this Bill:
A354B
Law Section:
Education Law
Laws Affected:
Amd §8505, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A354
2009-2010: A9546A

S1831 - Bill Texts

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Relates to polysomnographic technology services; grants authorization to practice polysomnographic technology to individuals who have met certain standards and requirements.

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BILL NUMBER:S1831

TITLE OF BILL:
An act
to amend the education law, in relation to
licensing the practice of polysomnographic
technology

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that
persons suffering from
sleep disorders are diagnosed and treated only by competent and
qualified polysomnographic technology professionals who are licensed
and registered with the State Education Department.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would add a new
Article 167 (§ 8800 to § 8809) to the Education Law to prescribe the
requirements and related provisions for the practice of
polysomnographic technology in New York State, as follows:

§ 8800. Provide that Education Law Article 130, related to standards
of professional misconduct and unauthorized acts, would apply to the
practice of polysomnographic technology.

§ 8801. Define the terms "practice of polysomnographic technology" and
"practice of the profession of polysomnographic technology" which
relate to the diagnosis and treatment of sleep/wake disorders,
syndromes and dysfunctions.

§ 8802. Require that only a person, who is licensed and registered, or
exempt from such requirements, shall practice polysomnographic
technology.

§ 8803. Authorize only a person licensed pursuant to this new article
to use the title of "licensed polysomnographic technologist",
"polysomnographic technologist" or "licensed sleep tech".

§ 8804. Establish the State Committee for Polysomnographic Technology
to assist the State Board of Medicine on polysomnographic technology
matters, and which shall also function as the State Board of
Polysomnographic Technology. The Committee shall be comprised of nine
members appointed by the Board of Regents, upon recommendation of the
Commissioner of Education, and shall include five licensed
polysomnographic technologists, two licensed respiratory therapists
with training and/or experience in sleep disorders, one licensed
physician who practices in the field of sleep medicine, and one
representative of the public.

§ 8805. Prescribe the qualifications for a polysomnographic technology
license, including that a prospective licensee:

a. File an application with the State Education Department;

b. Have an associate degree in polysomnographic technology from an
accredited college or university, or completed course work


substantially equivalent to
an associate degree program in polysomnographic technology which is
satisfactory to the commissioner of Education for the practice of
polysomnographic technology;

c. Have experience satisfactory to the State Board of polysomnographic
Technology;

d. Pass an examination satisfactory to the Board;

e. Be at least eighteen years of age;

f. Be of good moral character, as determined by the State Education
Department; and

g. Pay a one-time licensure fee of three hundred dollars.

Require each licensed polysomnographic technologist to register every
three years with the state Education Department and pay a fee of
three hundred dollars for each registration period.

§ 8806. Authorize the State Education Department to issue limited
permits to persons who fulfill all of the licensing requirements
except the examination requirement. Such permittee would only be
authorized to practice under the direction and supervision of a
licensed physician, and under the direct and immediate supervision of
a licensed polysomnographic technologist or other appropriately"
competent physician or health care professional. The limited permits
would be valid for one year, may be renewed for an additional year,
and would be issued upon payment of a fifty dollar fee.

§ 8807. Exempt from the licensure and registration requirements would
be those persons who are:

a. students enrolled in registered polysomnographic technology
education programs or registered respiratory care programs;

b. Qualified and licensed, certified, or registered health care
providers;

c. polysomnographic practitioners legally qualified in any other state
or territory and who are performing duties related to their service
in the armed forces, the United States Public Health Service, or the
Veteran's Administration;

d. Licensed respiratory therapists or respiratory therapy technicians;
and

e. Practicing polysomnographic technology for approved clinical
research purposes, under the direction and supervision of a licensed
physician.

§ 8808. Authorize a person who has not passed the examination or
satisfied the education requirement to be licensed as a
polysomnographic technologist if, within one year of the effective
date of the implementing regulations, the person:


a. Files an application and pays the appropriate licensing fee to the
State Education Department;

b. Is certified by a national certifying or accrediting board for
polysomnography acceptable to the State Education Department; and

c) has practiced polysomnography under the direction and supervision
of a licensed physician who specializes in the practice of sleep
medicine for not less than three years within the last five. years
prior to the effective date of this article.

§ 8809. Require each licensed polysomnographic technologist to
complete a minimum of twenty-four hours of continuing education
acceptable to the State Education Department during each triennial
period, with such person not being issued a certificate of
registration unless such requirement has. been satisfied. Exemptions
from the continuing education requirement would be provided to
licensed polysomnographic technologists in their first triennial
registration period and those licensees not engaged in the practice
of polysomnographic technology, evidenced by a filing statement with
the Department. The State Education Department would be authorized to
issue a one-year, conditional registration to a licensee who fails to
meet the mandatory continuing education requirement; provided the
licensee agrees to complete any additional education the Department
may require and pay t.he triennial registration fee. Licensed
polysomnographic technologists would be required to maintain adequate
documentation of completion of the continuing education course work
and provide such documentation upon request of the Department.

JUSTIFICATION:
Insufficient or irregular sleep is a growing national
health issue. It is estimated that between 40 and 70 million
Americans suffer from sleep disorders and an additional 20 to 30
million people have intermittent sleep-related problems. The human
and economic costs resulting from sleep deprivation and sleep
disorders are staggering with sleep disorders having repeatedly been
found to greatly heighten the risk of many serious illnesses
including colon cancer, breast cancer, heart disease, stroke,
diabetes, Sudden Infant Death Syndrome and obesity. Additionally,
there are thousands of deaths and injuries attributable to
sleep-related vehicular accidents each year, which account for
approximately twenty percent of all vehicular accidents. The economic
cost of sleep-related disorders is estimated to be up to $150 billion
annually in employment absenteeism and lost productivity with an
additional $50 billion to $100 billion in indirect costs related to
accident litigation, destruction of property, medical care, and
death. There are over eighty different classified sleep disorders
including chronic insominia, sleep apnea, restless leg syndrome,
narcolepsy, and parasomnias.
In addition to the millions of Americans known to suffer from sleep
disorders, ninety-five percent of all persons with sleep disorders
remain undiagnosed because many health care providers are neither
adequately trained nor informed to diagnose and treat sleep disorders.

Given the compelling health issues and costs at stake, the diagnosis
and treatment of sleep disorders has become a vital health care
issue. In response to this need, there has been an emergence of


independent sleep centers, sleep labs and hospitals using
state-of-the-art equipment to monitor test and treat patients
suffering from sleep disorders. These facilities rely upon a team of
professionals including physicians specializing in sleep disorders,
nurses, respiratory therapists, and polysomnographic technologists.

As the diagnosis and treatment of sleep disorders has developed,
polysomnographic technologists have played an integral and, perhaps,
the most visible function in patient care including administering
sleep tests and working with physicians to provide information needed
for the accurate diagnosis and treatment of such disorders. They
typically are responsible for, gathering and analyzing patient
information and ensuring the appropriate tests are performed,
administering tests which may involve connections of electrodes,
sensors, and air masks, monitoring, scoring and evaluating test
results, and ensuring patient safety. Polysomnographic technologists
are highly trained and often experienced professionals who work under
the supervision of, and in cooperation with, physicians and other
health care providers. Importantly, since the diagnosis of a patient
usually occurs over a one- or two-night period, polysomnographic
technologists are relied upon to work overnight shifts unlike other
health care providers.

Because polysomnographic technologists provide such a vital service
which often involves, for instance, connecting and monitoring
breathing apparatus, the State Education Department (SED) has
mandated that these technologists demonstrate the appropriate
training and experience through a state licensure and registration
regulatory scheme. SED has determined that if a legislative solution
does not occur, persons who provide polysomnographic services without
the appropriate license could be prosecuted for illegal practice and
licensed health care providers who assist in such practice may be
charged with professional misconduct. As a result, enactment of this
bill is essential in the current legislative session to ensure the
continuation of the important work by polysomnographic technologists
and that state resources are not diminished in enforcing against
well-intentioned and qualified health care practitioners.

This bill Would require the licensure and registration of the
profession of polysomnographic technology with an emphasis on
ensuring that polysomnographic technologists practicing in New York
State. are adequately educated, trained, supervised and regulated for
the protection of patients under their care. It would make certain
that they are both competent and qualified to work with patients and
in cooperation With other health care providers, who similarly are
required by law to be qualified and regulated by SED or the State
Health Department.

PRIOR LEGISLATIVE HISTORY:
2010 Passed Senate

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect one year after it shall have become
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; provided further, however, subdivision
2 of section 8805 of the education law, as added by section one of
this act, shall not take effect until such time as there are at
least four licensure qualifying associate degree programs,
acceptable to the department of education, in
polysomnographic technology operated by accredited colleges and
universities in the state.

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

                                  1831

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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 licensing the practice
  of polysomnographic technology

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

  Section 1. The education law is amended by adding a new article 167 to
read as follows:
                               ARTICLE 167
                  POLYSOMNOGRAPHIC TECHNOLOGY PRACTICE
SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY.
        8803. USE OF THE TITLE "POLYSOMNOGRAPHIC TECHNOLOGIST".
        8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY.
        8805. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE AND
                REGISTRATION.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. SPECIAL PROVISIONS.
        8809. MANDATORY CONTINUING EDUCATION.
  S 8800. INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE  PROFESSION  OF
LICENSED POLYSOMNOGRAPHIC TECHNOLOGY. THE  GENERAL  PROVISIONS  FOR  ALL
PROFESSIONS  CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY
TO THIS ARTICLE.
  S 8801. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. THE TERM "PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY" SHALL  MEAN  THE
PROCESS  OF  ANALYZING, SCORING, MONITORING AND RECORDING OF PHYSIOLOGIC
DATA DURING SLEEP AND WAKEFULNESS TO ASSIST IN THE  CLINICAL  ASSESSMENT
AND DIAGNOSIS OF SLEEP/WAKE DISORDERS AND OTHER DISORDERS, SYNDROMES AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01160-01-1

S. 1831                             2

DYSFUNCTIONS  THAT  EITHER  ARE  SLEEP RELATED, MANIFEST DURING SLEEP OR
DISRUPT NORMAL SLEEP/WAKE CYCLES AND ACTIVITIES.
  2.  THE TERM "PRACTICE OF THE PROFESSION OF POLYSOMNOGRAPHIC TECHNOLO-
GY" SHALL MEAN THE PROFESSIONAL SERVICES PRACTICED IN ANY SETTING  UNDER
THE  DIRECTION  AND  SUPERVISION  OF  A LICENSED PHYSICIAN INVOLVING THE
MONITORING, TESTING AND TREATMENT  OF  INDIVIDUALS  SUFFERING  FROM  ANY
SLEEP  DISORDER  AS  LISTED  IN AN AUTHORITATIVE CLASSIFICATION OF SLEEP
DISORDERS ACCEPTABLE TO THE DEPARTMENT. SUCH PROCEDURES INCLUDE BUT  ARE
NOT LIMITED TO:
  (A)  APPLICATION  OF ELECTRODES AND APPARATUS NECESSARY TO MONITOR AND
EVALUATE SLEEP DISTURBANCES, INCLUDING APPLICATION OF DEVICES THAT ALLOW
A PHYSICIAN TO DIAGNOSE  AND  TREAT  SLEEP  DISORDERS,  WHICH  DISORDERS
INCLUDE BUT SHALL NOT BE LIMITED TO INSOMNIA, SLEEP BREATHING DISORDERS,
MOVEMENT DISORDERS, DISORDERS OF EXCESSIVE SOMNOLENCE, AND PARASOMNIAS;
  (B)  INSTITUTION  OF  ANY TYPE OF PHYSIOLOGIC MONITORING APPLICABLE TO
POLYSOMNOGRAPHY INCLUDING THE THERAPEUTIC AND DIAGNOSTIC USE OF  OXYGEN,
CONTINUOUS  POSITIVE AIRWAY PRESSURE (CPAP) AND BI-LEVEL POSITIVE AIRWAY
PRESSURE (BIPAP) OF NON-VENTILATED PATIENTS;
  (C)  INITIATION  OF  CARDIOPULMONARY  RESUSCITATION,  MAINTENANCE   OF
PATIENT'S AIRWAY (WHICH DOES NOT INCLUDE ENDOTRACHEAL INTUBATION), TRAN-
SCRIPTION AND IMPLEMENTATION OF PHYSICIAN ORDERS PERTAINING TO THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (D)  INITIATION  OF  TREATMENT CHANGES AND TESTING TECHNIQUES REQUIRED
FOR THE IMPLEMENTATION OF POLYSOMNOGRAPHIC PROTOCOLS UNDER THE DIRECTION
AND SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE  PRACTICE
OF SLEEP MEDICINE; AND
  (E)  EDUCATION  OF  PATIENTS,  FAMILY AND PUBLIC ON THE PROCEDURES AND
TREATMENTS USED DURING POLYSOMNOGRAPHIC TECHNOLOGY OR ANY  EQUIPMENT  OR
PROCEDURE USED FOR THE TREATMENT OF ANY SLEEP DISORDER.
  S 8802. PRACTICE   OF   POLYSOMNOGRAPHIC  TECHNOLOGY.  ONLY  A  PERSON
LICENSED AND REGISTERED OR EXEMPT  UNDER  THIS  ARTICLE  SHALL  PRACTICE
POLYSOMNOGRAPHIC TECHNOLOGY.
  S 8803. USE  OF  THE  TITLE  "POLYSOMNOGRAPHIC  TECHNOLOGIST".  ONLY A
PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE  "LICENSED  POLY-
SOMNOGRAPHIC    TECHNOLOGIST,"   "POLYSOMNOGRAPHIC   TECHNOLOGIST,"   OR
"LICENSED SLEEP TECH".
  S 8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY.  1.  A  STATE
COMMITTEE  FOR  POLYSOMNOGRAPHIC  TECHNOLOGY  SHALL  BE APPOINTED BY THE
BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER  AND  SHALL
ASSIST  ON  MATTERS  OF  PROFESSIONAL LICENSING, PRACTICE AND CONDUCT IN
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
  2. NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED  EIGHT
OF  THIS  TITLE, THE COMMITTEE SHALL ASSIST THE STATE BOARD FOR MEDICINE
SOLELY IN POLYSOMNOGRAPHIC TECHNOLOGY MATTERS, WHICH  BOARD  SHALL  ALSO
FUNCTION  AS THE STATE BOARD FOR POLYSOMNOGRAPHIC TECHNOLOGY. ANY MEMBER
OF THE FIRST BOARD APPOINTED WHO IS A POLYSOMNOGRAPHIC TECHNOLOGIST NEED
NOT BE LICENSED PRIOR TO APPOINTMENT ON  THE  BOARD;  PROVIDED  HOWEVER,
THAT  ANY  FIRST APPOINTED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE REGIS-
TERED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD  ACCEPTABLE  TO  THE
DEPARTMENT.
  3.  THE COMMITTEE SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  (A) FIVE LICENSED POLYSOMNOGRAPHIC TECHNOLOGISTS, WHO ARE NOT LICENSED
TO PRACTICE ANY OTHER PROFESSION REGULATED PURSUANT TO THIS TITLE;
  (B) TWO LICENSED RESPIRATORY THERAPISTS WHO HAVE TRAINING AND/OR EXPE-
RIENCE IN THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS;

S. 1831                             3

  (C) ONE LICENSED PHYSICIAN WHO PRACTICES IN THE FIELD OF  SLEEP  MEDI-
CINE; AND
  (D) A REPRESENTATIVE OF THE PUBLIC AT LARGE.
  S 8805. REQUIREMENTS  AND  PROCEDURES  FOR  PROFESSIONAL LICENSURE AND
REGISTRATION. 1. TO QUALIFY FOR A LICENSE AS A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) EDUCATION: (I) RECEIVED AN ASSOCIATE  DEGREE  IN  POLYSOMNOGRAPHIC
TECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR ANOTHER ASSO-
CIATE  DEGREE  PROGRAM  DETERMINED BY THE DEPARTMENT TO BE SUBSTANTIALLY
EQUIVALENT, FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE  WITH
THE  COMMISSIONER'S  REGULATIONS;  PROVIDED HOWEVER, THAT THIS EDUCATION
REQUIREMENT SHALL NOT BECOME EFFECTIVE UNTIL SUCH TIME AS THERE  ARE  AT
LEAST  FOUR LICENSURE QUALIFYING ASSOCIATE DEGREE PROGRAMS ACCEPTABLE TO
THE DEPARTMENT IN POLYSOMNOGRAPHIC  TECHNOLOGY  OPERATED  BY  ACCREDITED
COLLEGES OR UNIVERSITIES IN THE STATE; OR
  (II)  COMPLETED A COURSE OF STUDY SUBSTANTIALLY EQUIVALENT TO AN ASSO-
CIATE DEGREE PROGRAM DETERMINED TO BE ACCEPTABLE  PURSUANT  TO  SUBPARA-
GRAPH  (I)  OF  THIS PARAGRAPH, AND WHICH IS SATISFACTORY TO THE COMMIS-
SIONER AND IN ACCORDANCE WITH THE  COMMISSIONER'S  REGULATIONS  FOR  THE
PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (C)  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEE: PAY A ONE-TIME FEE OF THREE HUNDRED DOLLARS FOR LICENSURE.
  2.  EXCEPT  AS  PROVIDED IN SECTION EIGHTY-EIGHT HUNDRED SEVEN OF THIS
ARTICLE, EACH LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL  BE  REQUIRED
TO  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT TO PRACTICE IN THE STATE,
AND SHALL PAY A FEE OF THREE HUNDRED DOLLARS FOR EACH  TRIENNIAL  REGIS-
TRATION PERIOD.
  S 8806. LIMITED  PERMITS. LIMITED PERMITS MAY BE ISSUED BY THE DEPART-
MENT TO ELIGIBLE APPLICANTS, AS FOLLOWS:
  1. ELIGIBILITY: A PERSON WHO FULFILLS ALL REQUIREMENTS FOR  A  LICENSE
AS  A POLYSOMNOGRAPHIC TECHNOLOGIST EXCEPT THOSE RELATING TO EXAMINATION
SHALL BE ELIGIBLE FOR A LIMITED PERMIT;
  2. LIMIT OF PRACTICE: ALL PRACTICE UNDER A  LIMITED  PERMIT  SHALL  BE
UNDER  THE  DIRECTION  AND  SUPERVISION OF A LICENSED PHYSICIAN AND ONLY
WHILE UNDER THE DIRECT  AND  IMMEDIATE  SUPERVISION  OF  A  HEALTH  CARE
PROVIDER REGULATED PURSUANT TO THIS TITLE INCLUDING, BUT NOT LIMITED TO,
A  PHYSICIAN,  POLYSOMNOGRAPHIC  TECHNOLOGIST, REGISTERED NURSE, RESPIR-
ATORY THERAPIST, AND NURSE  PRACTITIONER;  PROVIDED  HOWEVER,  THAT  THE
TASKS  OR  RESPONSIBILITIES  SUPERVISED  BY THE HEALTH CARE PROVIDER ARE
WITHIN THE SCOPE OF HIS OR HER PRACTICE;
  3. DURATION: A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR AND  MAY  BE
RENEWED FOR ONE ADDITIONAL YEAR; AND
  4.  FEE: THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
FIFTY DOLLARS.
  S 8807. EXEMPTIONS. THIS ARTICLE SHALL NOT PROHIBIT:
  1. THE PRACTICE OF LICENSED POLYSOMNOGRAPHIC TECHNOLOGY AS AN INTEGRAL
PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN REGISTERED POLYSOMNO-
GRAPHIC TECHNOLOGY EDUCATION PROGRAMS  OR  REGISTERED  RESPIRATORY  CARE
PROGRAMS;

S. 1831                             4

  2.  THE PERFORMANCE OF ANY OF THE FUNCTIONS INCLUDED IN THE DEFINITION
OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY OTHER DULY LICENSED, CERTIFIED  OR
REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH FUNCTIONS ARE WITHIN
THE SCOPE OF HER OR HIS PRACTICE;
  3.  THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY LEGALLY AUTHOR-
IZED POLYSOMNOGRAPHIC PRACTITIONER 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 VETERAN'S ADMINISTRATION,  WHILE
ENGAGED IN THE PERFORMANCE OF SUCH DUTIES;
  4.  THE  PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY A LICENSED RESPIR-
ATORY THERAPIST OR A RESPIRATORY THERAPY TECHNICIAN; AND
  5. THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY  FOR  THE  PURPOSES  OF
CLINICAL  RESEARCH,  PROVIDED  THAT  THE RESEARCH HAS BEEN APPROVED BY A
DULY AUTHORIZED INSTITUTIONAL REVIEW BOARD AND SUCH  PRACTICE  IS  UNDER
THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN.
  S 8808. SPECIAL  PROVISIONS.  A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION OR SATISFYING THE EDUCATION REQUIREMENT,  PROVIDED  THAT  WITHIN
ONE   YEAR  OF  THE  EFFECTIVE  DATE  OF  REGULATIONS  IMPLEMENTING  THE
PROVISIONS OF THIS ARTICLE, THE INDIVIDUAL MEETS THE FOLLOWING  REQUIRE-
MENTS:
  1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT;
  2.  IS CERTIFIED BY A NATIONAL CERTIFYING  OR  ACCREDITING  BOARD  FOR
POLYSOMNOGRAPHY ACCEPTABLE TO THE DEPARTMENT, AND HAS PRACTICED POLYSOM-
NOGRAPHY UNDER THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN WHO
SPECIALIZES  IN  THE  PRACTICE  OF SLEEP MEDICINE FOR EIGHTEEN MONTHS OR
MORE IN THE PREVIOUS THREE YEARS; PROVIDED THAT  SUCH  EXPERIENCE  SHALL
NOT  BE  ACCEPTABLE FOR LICENSURE AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWELVE; OR
  3. HAS PRACTICED POLYSOMNOGRAPHY UNDER THE DIRECTION  AND  SUPERVISION
OF  A  LICENSED PHYSICIAN WHO SPECIALIZES IN THE PRACTICE OF SLEEP MEDI-
CINE FOR NOT LESS THAN THREE YEARS WITHIN THE LAST FIVE YEARS  PRIOR  TO
THE EFFECTIVE DATE OF THIS ARTICLE.
  S 8809. MANDATORY CONTINUING EDUCATION. 1. A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST  REQUIRED  UNDER  THIS ARTICLE TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTIN-
UING EDUCATION REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION  FOUR  OF  THIS
SECTION  EXCEPT  AS  SET  FORTH  IN  SUBDIVISIONS  TWO AND THREE OF THIS
SECTION. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST WHO DOES  NOT  SATISFY
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
HE  OR  SHE  HAS  MET SUCH REQUIREMENTS, AND HE OR SHE HAS BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED POLYSOMNOGRAPHIC  TECH-
NOLOGIST  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE
IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION.
  2. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE EXEMPT  FROM  THE
MANDATORY  CONTINUING  EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORD WITH THE
INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION
REQUIREMENT MAY BE GRANTED BY  THE  DEPARTMENT  FOR  REASONS  OF  HEALTH
CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  3.  A  LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST NOT ENGAGED IN THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY, AS DETERMINED  BY  THE  DEPARTMENT,
SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON

S. 1831                             5

THE  FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.  A
LICENSEE WHO RETURNS TO  THE  PRACTICE  OF  POLYSOMNOGRAPHIC  TECHNOLOGY
DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR  TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCA-
TION REQUIREMENTS IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS.
  4. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  AS  A  LICENSED  POLYSOMNOGRAPHIC TECHNOLOGIST SHALL COMPLETE A
MINIMUM OF TWENTY-FOUR HOURS OF ACCEPTABLE FORMAL CONTINUING  EDUCATION,
AS  SPECIFIED IN SUBDIVISION SIX OF THIS SECTION. A LICENSEE WHO HAS NOT
SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL  NOT  BE
ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
ISSUED,  AS PROVIDED FOR IN SUBDIVISION FIVE OF THIS SECTION. CONTINUING
EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED  TO  A
SUBSEQUENT TRIENNIUM.
  5.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE MANDATORY CONTINUING  EDUCA-
TION REQUIREMENTS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL
BE  DETERMINED  BY  THE  DEPARTMENT  BUT SHALL NOT EXCEED ONE YEAR.  ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF MANDATORY CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
  6. AS USED IN SUBDIVISION FOUR OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
CONTINUING  EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING WHICH
CONTRIBUTE TO PROFESSIONAL PRACTICE IN POLYSOMNOGRAPHIC  TECHNOLOGY  AND
WHICH  MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
SUCH FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT SHALL NOT BE  LIMITED
TO,  COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL DEVEL-
OPMENT PROGRAMS AND TECHNICAL SESSIONS OFFERED BY  NATIONAL,  STATE  AND
LOCAL  PROFESSIONAL  ASSOCIATIONS  AND OTHER ORGANIZATIONS ACCEPTABLE TO
THE DEPARTMENT,  AND  ANY  OTHER  ORGANIZED  EDUCATIONAL  AND  TECHNICAL
PROGRAMS  ACCEPTABLE  TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY, IN ITS
DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF  THE
PUBLIC,  REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES IN
SPECIFIC SUBJECTS TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENT. COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY  THE  DEPARTMENT,
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  7.  A  LICENSED  POLYSOMNOGRAPHIC TECHNOLOGIST SHALL MAINTAIN ADEQUATE
DOCUMENTATION OF COMPLETION OF ACCEPTABLE  FORMAL  CONTINUING  EDUCATION
AND  SHALL  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  S 2. This act shall take effect one year after it shall have become  a
law;  provided further, that subdivision 2 of section 8805 of the educa-
tion law as added by section one of this act shall not take effect until
such time as there are at  least  four  licensure  qualifying  associate
degree  programs, acceptable to the department of education, in polysom-
nographic technology operated by accredited colleges or universities  in
the  state;  provided further, however, that the department of education

S. 1831                             6

shall notify the legislative bill drafting commission upon the  creation
of  four  acceptable  qualifying associate degree programs in order that
the commission may maintain an accurate and timely effective  data  base
of the official text of the laws of the state of New York in furtherance
of  effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. 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 to be
made on or before such effective date.

S1831A - Bill Details

See Assembly Version of this Bill:
A354B
Law Section:
Education Law
Laws Affected:
Amd §8505, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A354
2009-2010: A9546A

S1831A - Bill Texts

view summary

Relates to polysomnographic technology services; grants authorization to practice polysomnographic technology to individuals who have met certain standards and requirements.

view sponsor memo
BILL NUMBER:S1831A

TITLE OF BILL:
An act
to amend the education law, in relation to
licensing the practice of polysomnographic
technology

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that persons suffering from
sleep disorders are diagnosed and treated only by competent and
qualified polysomnographic technology professionals who are
registered with the State Education Department.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends Section 8505 of the education law by
adding a new subdivision 5 defining the scope of polysomnographic
technology services. This scope of practice will be regulated by the
State Education Department in regulations of the commissioner and
only authorized individuals registered by the guidance of the
department under rules, regulations and education standards will be
granted authorization to practice the profession of polysornnographic
technology services. The authorization holder will also be registered
with the department every three years and pay a registration fee of
three hundred dollars.

Section two of the bill states this act shall take effect one year
after it shall have become a law.

JUSTIFICATION:
Insufficient or irregular sleep is a growing national
health issue. It is estimated that between 40 and 70 million
Americans suffer from sleep disorders and an additional 20 to 30
million people have intermittent sleep-related problems. The human
and economic costs resulting from sleep deprivation and sleep
disorders are staggering with sleep disorders having repeatedly been
found to greatly heighten the risk of many serious illnesses
including colon cancer, breast cancer, heart disease, stroke,
diabetes, Sudden Infant Death Syndrome and obesity. Additionally,
there are thousands of deaths and injuries attributable to
sleep-related vehicular accidents each year, which account for
approximately twenty percent of all vehicular accidents. The economic
cost of sleep-related disorders is estimated to be up to $150 billion
annually in employment absenteeism and lost productivity with an
additional $50 billion to $100 billion in indirect costs related to
accident litigation, destruction of property, medical care, and
death. There are over eighty different classified sleep disorders
including chronic insomnia, sleep apnea, restless leg syndrome,
narcolepsy, and parasomnias. In addition to the millions of Americans
known to
suffer from sleep disorders, ninety-five percent of all persons with
sleep disorders remain undiagnosed because many health care providers
are neither adequately trained nor informed to diagnose and treat
sleep disorders.

Given the compelling health issues and costs at stake, the diagnosis
and treatment of sleep disorders has become a vital health care


issue. In response to this need, there has been an emergence of
independent sleep centers, sleep labs and hospitals using
state-of-the-art equipment to monitor test and treat patients
suffering from sleep disorders. These facilities rely upon a team of
professionals including physicians specializing in sleep disorders,
nurses, respiratory therapists, and polysomnographic technologists.

As the diagnosis and treatment of sleep disorders has developed,
polysomnographic technologists have played an integral and, perhaps,
the most visible function in patient care including administering
sleep tests and working with physicians to provide information needed
for the accurate diagnosis and treatment of such disorders. They
typically are responsible for: gathering and analyzing patient
information and ensuring the appropriate tests are performed;
administering tests which may involve connections of electrodes,
sensors, and air masks; monitoring, scoring and evaluating test
results; and ensuring patient safety. Polysomnographic technologists
are highly trained and often experienced
professionals who work under the supervision of, and in cooperation
with, physicians and other health care providers. Importantly, since
the diagnosis of a patient usually occurs over a one- or two-night
period, polysomnographic technologists are relied upon to work
overnight shifts unlike other health care providers.

Because polysomnographic technologists provide such a vital service
which often involves, for instance, connecting and monitoring
breathing apparatus, the State Education Department (SED) has
mandated that these technologists demonstrate the appropriate
training and experience. SED has determined that if a legislative
solution does not occur, persons who provide polysomnographic
services without the appropriate license could be prosecuted for
illegal practice and licensed health care providers who assist in
such practice may be charged with professional misconduct. As a
result, enactment of this bill is essential in the current
legislative session to ensure the continuation of the important work
by polysomnographic technologists and that state resources are not
diminished in enforcing against well-intentioned and qualified health
care practitioners.

This bill would require the registration of the profession of
polysomnographic technology with an emphasis on ensuring that
polysomnographic technologists practicing in New York State are
adequately educated, trained, supervised and regulated for the
protection of patients under their care. It would make certain that
they are both competent and qualified to work with patients and in
cooperation with other health care providers, who similarly are
required by law to be qualified and regulated by SED or the State
Health Department.

PRIOR LEGISLATIVE HISTORY:
2008: A.10961-A/S.8037-A Referred to Higher Education
01/14/10 Referred to higher education
06/09/10 Amend and recommit to higher education
06/09/10 Print number 9546a

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect one year after it becomes law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1831--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably from said committee and committed to the Committee
  on Commerce, Economic Development  and  Small  Business  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to licensing the practice
  of polysomnographic technology

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

  Section 1. Section 8505 of the education law is amended  by  adding  a
new subdivision 5 to read as follows:
   5.  THE PROVISION OF POLYSOMNOGRAPHIC TECHNOLOGY SERVICES, AS DEFINED
BY  THE  COMMISSIONER,  BY AN INDIVIDUAL, UNDER THE DIRECTION AND SUPER-
VISION OF A LICENSED PHYSICIAN, WHO HAS OBTAINED AUTHORIZATION ISSUED BY
THE DEPARTMENT. SUCH AUTHORIZATION SHALL BE ISSUED  TO  INDIVIDUALS  WHO
HAVE  MET  STANDARDS, INCLUDING THOSE RELATING TO EDUCATION, EXPERIENCE,
EXAMINATION AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE  COMMIS-
SIONER. SUCH AUTHORIZATION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND
REGULATORY  AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT, PURSU-
ANT TO THIS TITLE, AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL  LICENSE
ISSUED  UNDER  THIS  ARTICLE. THE APPLICATION FEE FOR SUCH AUTHORIZATION
SHALL BE THREE HUNDRED DOLLARS. EACH AUTHORIZATION HOLDER SHALL REGISTER
WITH THE DEPARTMENT EVERY THREE YEARS AND SHALL PAY A  REGISTRATION  FEE
OF THREE HUNDRED DOLLARS.
  S  2. This act shall take effect one year after it shall have become a
law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01160-03-1

S1831B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A354B
Law Section:
Education Law
Laws Affected:
Amd §8505, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A354
2009-2010: A9546A

S1831B (ACTIVE) - Bill Texts

view summary

Relates to polysomnographic technology services; grants authorization to practice polysomnographic technology to individuals who have met certain standards and requirements.

view sponsor memo
BILL NUMBER:S1831B

TITLE OF BILL:
An act
to amend the education law, in relation to
licensing the practice of polysomnographic
technology

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that persons suffering from
sleep disorders are diagnosed and treated only by competent and
qualified polysomnographic technology professionals who are
registered with the State Education Department.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends Section 8505 of the education law by
adding a new subdivision 5 defining the scope of polysomnographic
technology services. This scope of practice will be regulated by the
State Education Department in regulations of the commissioner and
only authorized individuals registered by the guidance of the
department under rules, regulations and education standards will be
granted authorization to practice the profession of polysornnographic
technology services. The authorization holder will also be registered
with the department every three years and pay a registration fee of
three hundred dollars.

Section two of the bill states this act shall take effect one year
after it shall have become a law.

JUSTIFICATION:
Insufficient or irregular sleep is a growing national
health issue. It is estimated that between 40 and 70 million
Americans suffer from sleep disorders and an additional 20 to 30
million people have intermittent sleep-related problems. The human
and economic costs resulting from sleep deprivation and sleep
disorders are staggering with sleep disorders having repeatedly been
found to greatly heighten the risk of many serious illnesses
including colon cancer, breast cancer, heart disease, stroke,
diabetes, Sudden Infant Death Syndrome and obesity. Additionally,
there are thousands of deaths and injuries attributable to
sleep-related vehicular accidents each year, which account for
approximately twenty percent of all vehicular accidents. The economic
cost of sleep-related disorders is estimated to be up to $150 billion
annually in employment absenteeism and lost productivity with an
additional $50 billion to $100 billion in indirect costs related to
accident litigation, destruction of property, medical care, and
death. There are over eighty different classified sleep disorders
including chronic insomnia, sleep apnea, restless leg syndrome,
narcolepsy, and parasomnias. In addition to the millions of Americans
known to
suffer from sleep disorders, ninety-five percent of all persons with
sleep disorders remain undiagnosed because many health care providers

are neither adequately trained nor informed to diagnose and treat
sleep disorders.

Given the compelling health issues and costs at stake, the diagnosis
and treatment of sleep disorders has become a vital health care
issue. In response to this need, there has been an emergence of
independent sleep centers, sleep labs and hospitals using
state-of-the-art equipment to monitor test and treat patients
suffering from sleep disorders. These facilities rely upon a team of
professionals including physicians specializing in sleep disorders,
nurses, respiratory therapists, and polysomnographic technologists.

As the diagnosis and treatment of sleep disorders has developed,
polysomnographic technologists have played an integral and, perhaps,
the most visible function in patient care including administering
sleep tests and working with physicians to provide information needed
for the accurate diagnosis and treatment of such disorders. They
typically are responsible for: gathering and analyzing patient
information and ensuring the appropriate tests are performed;
administering tests which may involve connections of electrodes,
sensors, and air masks; monitoring, scoring and evaluating test
results; and ensuring patient safety. Polysomnographic technologists
are highly trained and often experienced
professionals who work under the supervision of, and in cooperation
with, physicians and other health care providers. Importantly, since
the diagnosis of a patient usually occurs over a one- or two-night
period, polysomnographic technologists are relied upon to work
overnight shifts unlike other health care providers.

Because polysomnographic technologists provide such a vital service
which often involves, for instance, connecting and monitoring
breathing apparatus, the State Education Department (SED) has
mandated that these technologists demonstrate the appropriate
training and experience. SED has determined that if a legislative
solution does not occur, persons who provide polysomnographic
services without the appropriate license could be prosecuted for
illegal practice and licensed health care providers who assist in
such practice may be charged with professional misconduct. As a
result, enactment of this bill is essential in the current
legislative session to ensure the continuation of the important work
by polysomnographic technologists and that state resources are not
diminished in enforcing against well-intentioned and qualified health
care practitioners.

This bill would require the registration of the profession of
polysomnographic technology with an emphasis on ensuring that
polysomnographic technologists practicing in New York State are
adequately educated, trained, supervised and regulated for the
protection of patients under their care. It would make certain that
they are both competent and qualified to work with patients and in
cooperation with other health care providers, who similarly are

required by law to be qualified and regulated by SED or the State
Health Department.

PRIOR LEGISLATIVE HISTORY:
2008: A.10961-A/S.8037-A Referred to Higher Education
01/14/10 Referred to higher education
06/09/10 Amend and recommit to higher education
06/09/10 Print number 9546a

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect one year after it becomes law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1831--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably from said committee and committed to the Committee
  on Commerce, Economic Development  and  Small  Business  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to authorizing polysomno-
  graphic technology services

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

  Section  1.  Section  8505 of the education law is amended by adding a
new subdivision 5 to read as follows:
   5.  THE PROVISION OF POLYSOMNOGRAPHIC TECHNOLOGY SERVICES, AS DEFINED
BY THE COMMISSIONER, BY AN INDIVIDUAL, UNDER THE  DIRECTION  AND  SUPER-
VISION OF A LICENSED PHYSICIAN, WHO HAS OBTAINED AUTHORIZATION ISSUED BY
THE  DEPARTMENT.  SUCH  AUTHORIZATION SHALL BE ISSUED TO INDIVIDUALS WHO
HAVE MET STANDARDS, INCLUDING THOSE RELATING TO  EDUCATION,  EXPERIENCE,
EXAMINATION  AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE COMMIS-
SIONER. SUCH AUTHORIZATION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND
REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT,  PURSU-
ANT  TO THIS TITLE, AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE
ISSUED UNDER THIS ARTICLE. THE APPLICATION FEE  FOR  SUCH  AUTHORIZATION
SHALL BE THREE HUNDRED DOLLARS. EACH AUTHORIZATION HOLDER SHALL REGISTER
WITH  THE  DEPARTMENT EVERY THREE YEARS AND SHALL PAY A REGISTRATION FEE
OF THREE HUNDRED DOLLARS.
  S 2. This act shall take effect one year after it shall have become  a
law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01160-05-1

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