Senate Bill S599

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    599
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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 169 to
 read as follows:
                                ARTICLE 169
                                PROSTHETICS
 SECTION 8900. INTRODUCTION.
         8901. DEFINITION OF THE PRACTICE OF PROSTHETICS.
         8902. STATE BOARD FOR PROSTHETICS.
         8903. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8904. LIMITED PERMITS.
         8905. EXEMPT PERSONS; SPECIAL PROVISIONS.
   § 8900. 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.
   § 8901. 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.
   § 8902. STATE BOARD FOR PROSTHETICS. A  STATE  BOARD  FOR  PROSTHETICS
 SHALL  BE  APPOINTED  BY  THE  BOARD OF REGENTS ON RECOMMENDATION OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05502-01-7

 S. 599                              2
 
 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 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.
   § 8903. 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.
   § 8904. 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.
   §  8905. 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;

 S. 599                              3
 
   3.  AN  INSTRUCTOR  IN  A REGIONALLY ACCREDITED UNIVERSITY OR COLLEGE,
 WHILE PERFORMING REGULARLY ASSIGNED WORK UNDER THE CURRICULUM OF SUCH  A
 SCHOOL; OR
   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.
   § 2. This act shall take effect immediately.