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

                                 4640--A
    Cal. No. 887

                       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  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
  committed  to the Committee on Finance -- reported favorably from said
  committee, ordered to first  and  second  report,  amended  on  second
  report,  ordered  to  a third reading, and to be reprinted as amended,
  retaining its place in the order of third reading

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.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03264-03-2

S. 4640--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 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  ISSUED  BY  AND  UNDER  THE SUPERVISION OF, A
LICENSED PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE  PRACTITIONER  DURING
AND WITHIN THE PERFUSION PROCEDURES. SUCH FUNCTIONS SHALL INCLUDE:
  A.  EXTRACORPOREAL CIRCULATION, CARDIOPULMONARY BYPASS, EXTRACORPOREAL
MEMBRANE OXYGENATION AND CARBON  DIOXIDE  REMOVAL,  EXTRACORPOREAL  LIFE
SUPPORT,  VENTRICULAR  ASSISTANCE  AND REPLACEMENT AND COUNTERPULSATION,
ACUTE EXTRACORPOREAL RENAL SYSTEM SUPPORT AND  REPLACEMENT,  INTRAOPERA-
TIVE  AUTOLOGOUS  BLOOD MANAGEMENT AND PROCESSING, ORGAN AND LIMB PERFU-
SION AND PRESERVATION AND ASSOCIATED THERAPEUTIC  AND  DIAGNOSTIC  TECH-
NIQUES AND TECHNOLOGIES;
  B. THE ADMINISTRATION OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, ANES-
THETIC  AGENTS  AND BLOOD PRODUCTS THROUGH THE EXTRACORPOREAL CIRCUIT OR
THROUGH AN INTRAVENOUS LINE AS ORDERED BY A PHYSICIAN;
  C. THE PERFORMANCE AND USE OF AND ANALYSIS OF THE RESULTS  FROM  POINT
OF CARE TESTS AND INSTRUMENTS USED TO MONITOR COAGULATION, BLOOD GAS AND
BLOOD CHEMISTRY AND HEMOGLOBIN AND HEMATOCRIT;
  D.  PHYSIOLOGICAL MONITORING OF PATIENTS RECEIVING PERFUSION SERVICES,
THE DETERMINATION OF WHETHER THE SIGNS  AND  SYMPTOMS  EXHIBIT  ABNORMAL
CHARACTERISTICS, AND THE IMPLEMENTATION OF APPROPRIATE REPORTING, PERFU-
SION  PROTOCOLS, OR CHANGES IN OR THE INITIATION OF EMERGENCY PROCEDURES
UNDER THE SUPERVISION OF A PHYSICIAN.
  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
SURGICAL  PROGRAM  IN  THE  STATE  ACCEPTABLE  TO  THE COMMITTEE AND THE
DEPARTMENT;

S. 4640--A                          3

  (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 EIGHT INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  A. FOUR LICENSED PERFUSIONISTS;
  B. TWO LICENSED PHYSICIANS SPECIALIZING IN THORACIC SURGERY;
  C. ONE EDUCATOR WHO HOLDS A DOCTORATE OR EQUIVALENT DEGREE; AND
  D. ONE REPRESENTATIVE OF THE PUBLIC AT LARGE.
  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. ON RECEIPT OF AN
APPLICATION AND FEE PURSUANT TO SECTION SIX HUNDRED THIRTY-FOUR OF  THIS
ARTICLE,  THE  DEPARTMENT MAY ISSUE A LICENSE TO PRACTICE PERFUSION TO A
PERSON CURRENTLY LICENSED IN ANOTHER STATE,  TERRITORY  OR  JURISDICTION
THAT  HAS  REQUIREMENTS  FOR LICENSURE OF PERFUSION WHICH THE DEPARTMENT
DETERMINES TO BE SUBSTANTIALLY THE SAME  AS  THE  REQUIREMENTS  OF  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.

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

                                 4640--B
    Cal. No. 887

                       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  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
  committed  to the Committee on Finance -- reported favorably from said
  committee, ordered to first  and  second  report,  amended  on  second
  report,  ordered  to  a third reading, and to be reprinted as amended,
  retaining its place in the order of third  reading  --    amended  and
  ordered reprinted, retaining its place in the order of third reading

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. ENDORSEMENT AND EXEMPTIONS.
        6636. EXEMPT PERSONS.

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

                                                           LBD03264-05-2

S. 4640--B                          2

  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.
  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, ANESTHETIC AGENTS AND BLOOD
PRODUCTS, AND THE MANAGEMENT, TREATMENT AND MONITORING OF THE PHYSIOLOG-
ICAL STATUS OF A PATIENT DURING THE OPERATION OF  EXTRACORPOREAL  CIRCU-
LATION  EQUIPMENT  OR  INTRACORPOREAL EQUIPMENT THAT REPLACES OR SUPPORT
CIRCULATORY  OR  RESPIRATORY  FUNCTIONS.    NOTWITHSTANDING  ANY   OTHER
PROVISION  OF  LAW, THE PERFORMANCE AND USE, AND ANALYSIS OF THE RESULTS
OF POINT OF CARE TEST AND INSTRUMENTS USED TO MONITOR COAGULATION, BLOOD
GAS, BLOOD CHEMISTRY, HEMOGLOBIN AND HEMATOCRIT  WHILE  ENGAGED  IN  THE
PRACTICE  OF  PERFUSION  ARE  ALLOWED.  ALL  PERFUSION SERVICES SHALL BE
PERFORMED PURSUANT TO THE ORDER AND UNDER THE DIRECT  SUPERVISION  OF  A
PHYSICIAN.
  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:
  A. APPLICANTS MAY BE LICENSED IF THEY HAVE PRACTICED FOR FIVE YEARS IN
THE  PAST  TEN  YEARS, AT LEAST TWO OF SUCH YEARS HAVING OCCURRED DURING
THE PAST FIVE YEARS WITH NO  DISCIPLINARY  HISTORY  AND  HAVE  PASSED  A
NATIONAL  CERTIFICATION  EXAMINATION ACCEPTABLE TO THE COMMITTEE AND THE
DEPARTMENT;
  B. APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN PRACTICING AS A PERFU-
SIONIST WITH NO DISCIPLINARY HISTORY FOR FIVE  YEARS  IN  THE  PAST  TEN
YEARS IN A CARDIAC SURGICAL PROGRAM APPROVED BY THE DEPARTMENT OF HEALTH
ACCEPTABLE  TO  THE  COMMITTEE  AND  THE DEPARTMENT AT LEAST TWO OF SUCH
YEARS OF EXPERIENCE HAVING OCCURRED DURING THE PAST FIVE YEARS;
  C. APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL  CERTIFICATION
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. 4640--B                          3

  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 EIGHT INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  A. FOUR LICENSED PERFUSIONISTS;
  B. TWO LICENSED PHYSICIANS WITH KNOWLEDGE AND INTEREST IN THE PRACTICE
OF PERFUSION; AND
  C.  TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
  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.  ENDORSEMENT AND EXEMPTIONS. ON RECEIPT OF AN APPLICATION  AND
FEE  PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-FOUR OF THIS ARTICLE, THE
DEPARTMENT MAY ISSUE  A  LICENSE  TO  PRACTICE  PERFUSION  TO  A  PERSON
CURRENTLY  LICENSED IN ANOTHER STATE, TERRITORY OR JURISDICTION THAT HAS
REQUIREMENTS FOR LICENSURE OF PERFUSION WHICH THE DEPARTMENT  DETERMINES
TO BE SUBSTANTIALLY THE SAME AS THE REQUIREMENTS OF THIS ARTICLE.
  S 6636. EXEMPT PERSONS. THIS ARTICLE SHALL NOT PROHIBIT:
  1.  A  STUDENT OF PERFUSION FROM ENGAGING IN THE PRACTICE OF PERFUSION
UNDER THIS SUBDIVISION OF A LICENSED PERFUSIONIST OR A  LICENSED  PHYSI-
CIAN  AS  AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN
AN APPROVED PERFUSION PROGRAM; OR
  2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
THE DEFINITION OF PERFUSION BY ANY OTHER  DULY  LICENSED,  CERTIFIED  OR
REGISTERED  HEALTH  CARE PROVIDER, PROVIDED THAT SUCH TASKS OR RESPONSI-
BILITIES ARE WITHIN THE SCOPE OF HIS OR HER PRACTICE; 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. 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.

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

                                 4640--C
    Cal. No. 887

                       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  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
  committed  to the Committee on Finance -- reported favorably from said
  committee, ordered to first  and  second  report,  amended  on  second
  report,  ordered  to  a third reading, and to be reprinted as amended,
  retaining its place in the order of third  reading  --    amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend the education law, in relation to licensure of perfu-
  sionists; and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1.  Section  8609 of the education law is amended by adding a
new subdivision 9 to read as follows:
  9. THE PERFORMANCE OF, USE OF, AND ANALYSIS OF THE RESULTS FROM  POINT
OF CARE TESTS AND INSTRUMENTS USED TO MONITOR COAGULATION, BLOOD GAS AND
BLOOD  CHEMISTRY  AND HEMOGLOBIN AND HEMATOCRIT PURSUANT TO AN ORDER AND
UNDER THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN BY  INDIVID-
UALS  EMPLOYED  ON A SALARIED BASIS BY A HOSPITAL AND ISSUED A PERMIT BY
THE DEPARTMENT. SUCH PERMIT SHALL BE ISSUED FOR A PERIOD OF TWO YEARS TO
INDIVIDUALS WHO SUBMIT AN APPLICATION WHICH INCLUDES AN  ATTESTATION  BY
THE  APPLICANT'S  EMPLOYER  THAT THE APPLICANT IS EMPLOYED ON A SALARIED
BASIS BY A HOSPITAL IN NEW YORK  STATE,  AND  MEETS  THE  QUALIFICATIONS
ESTABLISHED BY SUCH HOSPITAL TO PERFORM EXTRACORPOREAL OR INTRACORPOREAL
SERVICES  UNDER  THE  DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN.
SUCH PERMIT SHALL BE SUBJECT TO FULL DISCIPLINARY AND REGULATORY AUTHOR-
ITY OF THE BOARD OF REGENTS AND THE DEPARTMENT, PURSUANT TO THIS  TITLE,

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

                                                           LBD03264-07-2

S. 4640--C                          2

AS IF SUCH PERMIT WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS ARTICLE.
THE FEE FOR SUCH PERMIT SHALL BE FIFTY DOLLARS.
  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.