Senate Bill S7498

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

                                  7498

                            I N  S E N A T E

                               May 5, 2016
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  creating  a  license
  requirement for the profession of prosthetics

  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 168 to
read as follows:
                               ARTICLE 168
                               PROSTHETICS
SECTION 8820. INTRODUCTION.
        8821. DEFINITION OF THE PRACTICE OF PROSTHETICS.
        8822. STATE BOARD FOR PROSTHETICS.
        8823. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8824. LIMITED PERMITS.
        8825. EXEMPT PERSONS; SPECIAL PROVISIONS.
  S 8820. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF  PROS-
THETICS. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8821. DEFINITION OF THE PRACTICE OF PROSTHETICS. THE PRACTICE OF THE
PROFESSION  OF  PROSTHETICS  IS  DEFINED  AS THE PRACTICE OF EVALUATING,
TREATMENT FORMULATING, MEASURING,  DESIGNING,  FABRICATING,  ASSEMBLING,
FITTING,  ADJUSTING, SERVICING, OR PROVIDING THE INITIAL TRAINING NECES-
SARY TO ACCOMPLISH THE FITTING  OF  A  PROSTHESIS.  A  PROSTHESIS  IS  A
CUSTOM-FABRICATED  OR  CUSTOM-FITTED  MEDICAL  DEVICE  USED TO REPLACE A
MISSING LIMB, APPENDAGE, OR OTHER EXTERNAL HUMAN BODY PART.  IT DOES NOT
INCLUDE SURGICALLY IMPLANTED DEVICES,  ARTIFICIAL  EYES,  DENTAL  APPLI-
ANCES,  OR  COSMETIC  DEVICES  SUCH AS ARTIFICIAL BREASTS, EYELASHES, OR
WIGS.
  S 8822. STATE BOARD FOR PROSTHETICS. A  STATE  BOARD  FOR  PROSTHETICS
SHALL  BE  APPOINTED  BY  THE  BOARD OF REGENTS ON RECOMMENDATION OF THE
COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS  AND  THE
DEPARTMENT ON MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT
IN  ACCORDANCE  WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE

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

                                                           LBD15130-01-6

S. 7498                             2

BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN  PROSTHETISTS  WHO  SHALL
HAVE BEEN RESIDENTS OF THIS STATE ENGAGED IN THE PRACTICE OF PROSTHETICS
FOR  AT  LEAST  FIVE  YEARS IN THIS STATE. AN EXECUTIVE SECRETARY TO THE
BOARD  SHALL  BE  APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF
THE COMMISSIONER.
  S 8823. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  AN  PROSTHETIST,  AN  APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: HAVE RECEIVED A  BACHELOR  OF  SCIENCE  OR  HIGHER-LEVEL
POSTGRADUATE DEGREE IN PROSTHETICS FROM AN ACCREDITED COLLEGE OR UNIVER-
SITY  RECOGNIZED  BY  THE  COMMISSION  ON ACCREDITATION OF ALLIED HEALTH
EDUCATION PROGRAMS OR, AT A MINIMUM, A BACHELOR'S DEGREE FROM AN ACCRED-
ITED COLLEGE OR UNIVERSITY AND  A  CERTIFICATE  IN  PROSTHETICS  FROM  A
PROGRAM  RECOGNIZED  BY THE COMMISSION ON ACCREDITATION OF ALLIED HEALTH
EDUCATION PROGRAMS, OR ITS EQUIVALENT, AS DETERMINED BY THE BOARD;
  3. EXPERIENCE: HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  6. CITIZENSHIP: MEET NO REQUIREMENT AS TO UNITED STATES CITIZENSHIP;
  7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND
  8.  FEES:  PAY  A FEE OF ONE HUNDRED SEVENTY DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR  AN  INITIAL
LICENSE,  A  FEE OF EIGHTY-FIVE DOLLARS FOR EACH REEXAMINATION, A FEE OF
ONE HUNDRED FIFTEEN DOLLARS FOR  AN  INITIAL  LICENSE  FOR  PERSONS  NOT
REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, AND A FEE OF
ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8824. LIMITED PERMITS. ON RECOMMENDATION OF THE BOARD,  THE  DEPART-
MENT  MAY  ISSUE  A  LIMITED  PERMIT  TO PRACTICE AS A PROSTHETIST TO AN
APPLICANT HOLDING A  CERTIFICATE  OR  LICENSE  TO  PRACTICE  PROSTHETICS
ISSUED  BY  ANOTHER STATE OR COUNTRY, AND WHOSE QUALIFICATIONS HAVE BEEN
APPROVED FOR ADMISSION TO THE EXAMINATION FOR A LICENSE AS A PROSTHETIST
AND WHO HAS RESIDED IN THIS STATE FOR A PERIOD  OF  NOT  MORE  THAN  SIX
MONTHS PRIOR TO THE FILING OF SUCH APPLICATION. THE LIMITED PERMIT SHALL
BE  VALID FOR A PERIOD OF NOT MORE THAN TWELVE MONTHS, OR UNTIL TEN DAYS
AFTER NOTIFICATION TO THE  APPLICANT  OF  FAILURE  OF  THE  PROFESSIONAL
LICENSING  EXAMINATION  OR  UNTIL THE RESULTS OF A LICENSING EXAMINATION
FOR WHICH THE APPLICANT IS ELIGIBLE ARE OFFICIALLY  RELEASED,  WHICHEVER
COMES FIRST.
  S  8825. EXEMPT PERSONS; SPECIAL PROVISIONS. THIS ARTICLE SHALL NOT BE
CONSTRUED TO AFFECT OR PREVENT:
  1. A PERSON PERFORMING SERVICES FOR THE  FEDERAL  GOVERNMENT,  IF  THE
PERSON PROVIDES PROSTHETIC CARE SOLELY UNDER THE DIRECTION OR CONTROL OF
THE ORGANIZATION BY WHICH THAT PERSON IS EMPLOYED;
  2.  A  STUDENT, FELLOW, OR TRAINEE IN PROSTHETICS PURSUING A COURSE OF
STUDY AT AN ACCREDITED COLLEGE OR UNIVERSITY OR WORKING IN A  RECOGNIZED
TRAINING  CENTER  OR  RESEARCH  FACILITY,  PROVIDED  THE  ACTIVITIES AND
SERVICES ARE PART OF A  REGULAR  COURSE  OF  STUDY  UNDER  A  SUPERVISOR
LICENSED UNDER THIS ARTICLE;
  3.  AN  INSTRUCTOR  IN  A REGIONALLY ACCREDITED UNIVERSITY OR COLLEGE,
WHILE PERFORMING REGULARLY ASSIGNED WORK UNDER THE CURRICULUM OF SUCH  A
SCHOOL; OR

S. 7498                             3

  4. THIS ARTICLE DOES NOT REQUIRE AN ADDITIONAL LICENSE OF, OR REGULATE
THE  PRACTICE OF, ANY OTHER LICENSED HEALTH CARE PROFESSIONAL WITHIN THE
STATE, OR PREVENT A QUALIFIED MEMBER OF  ANY  OTHER  PROFESSION  OR  ANY
PERSON  EMPLOYED  UNDER  THE SUPERVISION OF SUCH A LICENSED PROFESSIONAL
FROM  DOING  WORK OF A NATURE CONSISTENT WITH THAT PERSON'S TRAINING, AS
LONG AS THE PERSON DOES NOT HOLD HIMSELF OR HERSELF OUT TO THE PUBLIC AS
A LICENSEE UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately.