S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1359 A. 426
2017-2018 Regular Sessions
S E N A T E - A S S E M B L Y
January 9, 2017
___________
IN SENATE -- Introduced by Sen. MURPHY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Higher Educa-
tion
IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
the Committee on Higher Education
AN ACT to amend the education law, in relation to state licensure of
orthopaedic technologists
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 169 to
read as follows:
ARTICLE 169
ORTHOPAEDIC TECHNOLOGISTS
SECTION 8900. INTRODUCTION.
8901. DEFINITION OF THE PRACTICE OF ORTHOPAEDIC TECHNOLOGY.
8902. USE OF THE TITLE "ORTHOPAEDIC TECHNOLOGIST".
8903. REQUIREMENTS FOR PROFESSIONAL LICENSURE.
8904. LIMITED PERMITS.
8905. EXEMPTIONS.
8906. STATE BOARD.
§ 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF ORTHO-
PAEDIC TECHNOLOGY AND TO THE USE OF THE TITLE "ORTHOPAEDIC TECHNOLO-
GIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
§ 8901. DEFINITION OF THE PRACTICE OF ORTHOPAEDIC TECHNOLOGY. THE
PRACTICE OF ORTHOPAEDIC TECHNOLOGY BY AN ORTHOPAEDIC TECHNOLOGIST SHALL
MEAN THE PERFORMANCE OF THE FOLLOWING MEDICAL SERVICES UNDER THE SUPER-
VISION OF A PHYSICIAN OR SURGEON INVOLVED IN THE MUSCULOSKELETAL CARE OF
PATIENTS:
1. PATIENT ASSESSMENT FOR PURPOSES OF ORTHOPAEDIC PROCEDURES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00639-02-7
S. 1359 2 A. 426
2. APPLYING AND REMOVING CASTS;
3. MEASURING AND FITTING PATIENTS FOR ORTHOPAEDIC BRACES, DEVICES, AND
AMBULATORY AIDS;
4. ASSISTING IN THE APPLICATION, MAINTENANCE, AND ADJUSTMENT OF ORTHO-
PAEDIC TRACTION;
5. FABRICATING AND APPLYING SPLINTS AND BANDAGES;
6. REMOVING SUTURES, STAPLES, AND PINS RELATED TO ORTHOPAEDIC PROCE-
DURES;
7. INSTRUCTING PATIENTS IN THE CARE OF CASTS, SPLINTS, BRACES, OR
ORTHOPAEDIC DEVICES AND RELATED SKIN CARE; AND
8. ASSISTING A PHYSICIAN AND SURGEON IN ORTHOPAEDIC SURGICAL PROCE-
DURES.
FOR THE PURPOSES OF THIS ARTICLE, "SUPERVISION" SHALL MEAN A LICENSED
PHYSICIAN OR SURGEON'S OVERSIGHT OF THE ACTIVITIES OF, AND RESPONSIBIL-
ITY FOR, THE MEDICAL SERVICES RENDERED BY AN ORTHOPAEDIC TECHNOLOGIST.
§ 8902. USE OF THE TITLE "ORTHOPAEDIC TECHNOLOGIST". NO PERSON, OTHER
THAN ONE WHO IS CURRENTLY CERTIFIED AS AN ORTHOPAEDIC TECHNOLOGIST,
SHALL PRACTICE AS AN ORTHOPAEDIC TECHNOLOGIST OR IN A SIMILAR CAPACITY
OR HOLD HIMSELF OR HERSELF OUT AS AN "ORTHOPAEDIC TECHNOLOGIST," OR
SHALL USE ANY OTHER TERM INDICATING OR IMPLYING THAT HE OR SHE IS AN
ORTHOPAEDIC TECHNOLOGIST.
§ 8903. REQUIREMENTS FOR PROFESSIONAL LICENSURE. TO QUALIFY FOR
CERTIFICATION AS A CERTIFIED ORTHOPAEDIC TECHNOLOGIST, AN APPLICANT
SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF ORTHOPAEDIC TECHNOL-
OGY SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS;
3. EXAMINATION: PASS A NATIONAL BOARD FOR CERTIFICATION OF ORTHOPAEDIC
TECHNOLOGISTS, INC'S. EXAMINATION IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. FEE: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF EIGHTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION
PERIOD.
§ 8904. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE
AS A PROFESSIONAL ORTHOPAEDIC TECHNOLOGIST EXCEPT THOSE RELATING TO
EXAMINATION OR EXPERIENCE SHALL BE ELIGIBLE FOR A LIMITED PERMIT;
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE
ORTHOPAEDIC TECHNOLOGY UNDER THE DIRECTION OF AN AVAILABLE LICENSED OR
CERTIFIED ORTHOPAEDIC TECHNOLOGIST OR ORTHOPAEDIC SURGEON;
3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS WITH THE
SUCCESSFUL COMPLETION OF FORTY HOURS OF CONTINUING EDUCATION UNITS IN
ORTHOPAEDIC TECHNOLOGY. CONTINUING EDUCATION UNITS MUST BE SUBMITTED TO
THE NATIONAL BOARD FOR CERTIFICATION OF ORTHOPAEDIC TECHNOLOGISTS, INC.
AT THE COMPLETION OF THE FORTY HOURS OF CONTINUING EDUCATION, THE
NATIONAL BOARD FOR CERTIFICATION OF ORTHOPAEDIC TECHNOLOGISTS, INC. WILL
PRESENT TO THE LIMITED PERMITTEE AN OFFICIAL LETTER CONFIRMING CONTINU-
ING EDUCATION HAS BEEN COMPLETED, WHICH WILL BE FILED WITH THE STATE.
THE LIMITED PERMIT MAY BE RENEWED BIENNIALLY AT THE DISCRETION OF THE
DEPARTMENT. THE PERMITTEE CAN RENEW UP TO THREE CONSECUTIVE TIMES; AFTER
S. 1359 3 A. 426
THAT TIMEFRAME THE PERMITTEE MUST PASS THE NATIONAL BOARD FOR CERTIF-
ICATION OF ORTHOPAEDIC TECHNOLOGISTS, INC'S. EXAMINATION; AND
4. FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SIXTY DOLLARS.
§ 8905. EXEMPTIONS. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT THE AUTHORITY OF ANY
PERSON OTHERWISE AUTHORIZED BY LAW OR REGULATION TO PRACTICE ANY FUNC-
TION OF AN ORTHOPAEDIC TECHNOLOGIST.
§ 8906. STATE BOARD. A STATE BOARD FOR ORTHOPAEDIC TECHNOLOGY 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 BOARD SHALL BE
COMPOSED OF AT LEAST THREE LICENSED ORTHOPAEDIC TECHNOLOGISTS AND AT
LEAST THREE PUBLIC REPRESENTATIVES WHO DO NOT HOLD INTERESTS IN THE
ORGANIZATION, FINANCING, OR DELIVERY OF ORTHOPAEDIC TECHNOLOGIES. ADDI-
TIONALLY, THE BOARD SHALL CONTAIN NO LESS THAN TWO ORTHOPEDIC SURGEONS.
MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED PRIOR TO THEIR APPOINT-
MENT TO THE BOARD. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL NOT
EXCEED FIVE YEARS AND MAY BE RENEWED FOR A PERIOD OF THREE ADDITIONAL
YEARS AT THE DISCRETION OF THE COMMISSIONER.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.