S T A T E O F N E W Y O R K
________________________________________________________________________
7699
I N S E N A T E
February 9, 2018
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Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the railroad law, in relation to sleep apnea testing for
locomotive engineers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The railroad law is amended by adding a new section 97-b to
read as follows:
§ 97-B. MEDICAL EXAMINATIONS. 1. TO OPERATE AN INTRASTATE LOCOMOTIVE
IN THE STATE OF NEW YORK, LOCOMOTIVE ENGINEERS SHALL BE REQUIRED AS PART
OF THEIR CURRENT TRAINING TO BE SCREENED FOR SLEEP APNEA, AS DEFINED IN
SUBDIVISION NINE OF SECTION TWO HUNDRED SIXTY-TWO OF THE PUBLIC HEALTH
LAW, BY A PHYSICIAN, A CERTIFIED NURSE PRACTITIONER TO THE EXTENT
AUTHORIZED BY LAW AND CONSISTENT WITH SUBDIVISION THREE OF SECTION
SIXTY-NINE HUNDRED TWO OF THE EDUCATION LAW, OR A REGISTERED PHYSICIAN
ASSISTANT WHO IS NOT THE PERSONAL PHYSICIAN, NURSE PRACTITIONER OR
PHYSICIAN ASSISTANT OF THE LOCOMOTIVE ENGINEER.
2. LOCOMOTIVE ENGINEERS WHO TEST POSITIVE FOR SLEEP APNEA SHALL BE
REQUIRED BY THEIR EMPLOYER TO ATTAIN DOCUMENTATION OF COMPLIANCE WITH
TREATMENT FOR SLEEP APNEA AS QUALIFICATION TO BE EMPLOYED AS A LOCOMO-
TIVE ENGINEER.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14705-01-8