NY State Senate Bill 2017-S7548

Senate Bill S7548

2017-2018 Legislative Session

Requires the certification of cardiovascular technologists who introduce contrast material, under the supervision of a physician, during a cardiovascular procedure

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2018	referred to health

2017-S7548 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 35-B §§3570 - 3574, Pub Health L

2017-S7548 (ACTIVE) - Summary

Requires the certification of cardiovascular technologists who introduce contrast material, under the supervision of a physician, during a cardiovascular procedure; establishes training and testing requirements therefor.

2017-S7548 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7548

SPONSOR: AMEDORE
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing a certificate authorizing cardiovascular technologists to
introduce contrast material during a cardiovascular procedure while
under the personal supervision of a physician

 
PURPOSE:

To authorize the department of health to issue a certificate to intro-
duce contrast material during a cardiovascular procedure under the
personal supervision of a physician, to create standards and procedures
for the issuance of such certificate, and to require that only appropri-
ately licensed health care professionals and persons certified under
this article are permitted to introduce contrast material during a
cardiovascular procedure.

 
SUMMARY OF PROVISIONS:

Section 1 creates Public Health Law Article 35-B Certificate to Intro-

duce Contrast Material During a Cardiovascular Procedure.  Article 35-B
consists of §§ 3570 - 3574.

§ 3570 is a declaration of policy and statement of purpose. It notes in
part that "(e)stablishing a certificate to introduce contrast material
during a cardiovascular procedure will promote both quality and cost-ef-
fectiveness in the delivery of cardiovascular services."

§ 3571 includes definitions of the terms "cardiovascular procedure,"
"cardiovascular technologist," "certification in the introduction of
contrast material," and "personal supervision."

§ 3572 provides that only appropriately licensed health care profes-
sionals and persons certified under this article are permitted to intro-
duce contrast material during a cardiovascular procedure, and that such
person may only introduce contrast material under the personal super-
vision of a physician.

The section also sets forth standards an individual must meet to be
issued a certificate. Those standards include completion of a training
program, and demonstration of competency by examination.

§ 3573 relates to the training program and competency examination. It
provides that a training program may be offered either by a hospital or
by an educational institution approved by the State Education Depart-
ment. It then sets forth training program standards, authorizes
inspections, and authorizes the withdrawal or approval under specified
circumstances.

The section also sets forth eligibility for and standards for competency
examinations. Eligibility is limited to a person who either completed
the training program or "who was employed by a hospital as a cardiovas-
cular technologist for at least 2 years prior to the effective date of
this article, provided such person takes the competency examination
within one year of the effective date of this article."

Finally, the section authorizes the department to charge a fee for
taking the examination.
§ 3574 states that a certificate is valid for two years and addresses
the process for recertification.

Section 2 provides that the Act shall take effect on the first of Janu-
ary next succeeding the date on which it shall have become a law.
Provided that any actions necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed on
or before such date.

 
JUSTIFICATION:

Contrast materials are used to improve images produced by x-rays,
computed tomography (CT), magnetic resonance (MR) imaging, and ultra-
sound. They are introduced into a patient's artery by inserting a
syringe with the contrast material into a line placed by the physician.
When introduced in this manner during a cardiovascular procedure, the
contrast material allows the physician to locate and visualize the
targeted sites in real time. These contrast materials are safe drugs;
mild adverse reactions can occur but are uncommon and treatable.

Cardiovascular technologists (CVTs) provide non-professional technical
support services in connection with cardiac catheterizations and inter-
ventions. Their tasks include patient preparation, aiding physicians,
hemodynamic monitoring, and vascular access site management. While CVTs
may possess a certification in their field from a college program, there
is no license or certification requirement to be a CVT; rather, hospi-
tals must ensure that CVTs have the knowledge, training and competency
to perform these tasks, just as hospitals must do for their other
nonprofessional staff.

In New York, CVTs are not permitted to administer contrast materials.
The NYS Nurse Practice Act defines the scope of nursing practice and
prohibits others who do not have a nursing license or other relevant
license from engaging in the practice of nursing. In 2006, the Office of
the Professions of the NYS State Education Department issued a "Practice
Alert and Guidelines" that warned against the administration of medica-
tions by unlicensed persons. This prohibition would include the intro-
duction of contrast materials by CVTs. Based on this ruling, the Depart-
ment of Health has taken action against hospitals that have permitted
CVTs to introduce contrast materials.

This bill addresses the valid concerns that have impeded the utility of
CVTs in cardiovascular procedures:

*It authorizes and sets standards for training programs in the introduc-
tion of contrast materials during a cardiovascular procedure;
*It requires successful performance on a state-approved competency exam-
ination as a condition of certification;
*A CVT that obtains a certification in the introduction of contrast
material may perform that function only under the personal supervision
of a physician. That means that the physician "must be in attendance in
the room during the performance of the procedure." In fact, during a
cardiovascular procedure there is optimal oversight - a physician,
nurse, and other health care professionals are present and monitoring
the procedure. It is a highly controlled environment.

This proposal is similar in part to:

*PHL § 3502.4, which empowers the department of health to issue a
certificate to radiologic technologist "to inject intravenous contrast
media" into a patient, after training and competency testing; and
*Ed. Law § 6908, which allows "advanced home health aides" to administer
certain medications to and inject insulin into patents, under direct
supervision of a nurse.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Costs to the department for administering the certification program are
to be covered by examination and licensing fees.

 
EFFECTIVE DATE:
January first next succeeding the date on which it shall have become
law.

2017-S7548 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7548
 
                             I N  S E N A T E
 
                             January 23, 2018
                                ___________
 
 Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   certificate  authorizing  cardiovascular  technologists  to  introduce
   contrast material during a cardiovascular procedure  while  under  the
   personal supervision of a physician

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  article
 35-B to read as follows:
                               ARTICLE 35-B
                     CERTIFICATION IN THE INTRODUCTION
                           OF CONTRAST MATERIAL
 SECTION 3570. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
         3571. DEFINITIONS.
         3572. CERTIFICATION REQUIRED.
         3573. TRAINING PROGRAM.
         3574. PERIOD OF CERTIFICATION VALIDITY; RECERTIFICATION.
   § 3570. DECLARATION OF POLICY AND STATEMENT OF PURPOSE. CARDIOVASCULAR
 TECHNOLOGISTS  PROVIDE  VALUABLE  SUPPORT  TO  PHYSICIANS  AND NURSES IN
 CONNECTION WITH CARDIOVASCULAR PROCEDURES. WITH APPROPRIATE TRAINING AND
 CERTIFICATION, A CARDIOVASCULAR TECHNOLOGIST, ACTING UNDER THE  PERSONAL
 SUPERVISION OF A PHYSICIAN DURING A CARDIOVASCULAR PROCEDURE, CAN SAFELY
 AND  EFFECTIVELY  INTRODUCE CONTRAST MATERIAL INTO AN ARTERIAL LINE THAT
 HAS ALREADY BEEN PLACED INTO THE PATIENT BY  AN  APPROPRIATELY  LICENSED
 HEALTH  CARE  PROFESSIONAL. BY PERFORMING THIS TASK, A CERTIFIED CARDIO-
 VASCULAR TECHNOLOGIST CAN ENABLE PHYSICIANS AND NURSES IN THE  PROCEDURE
 ROOM  TO DEVOTE THEIR EFFORTS TO TASKS THAT DEMAND THEIR HIGHER LEVEL OF
 TRAINING AND SKILLS. ESTABLISHING A CERTIFICATE  TO  INTRODUCE  CONTRAST
 MATERIAL DURING A CARDIOVASCULAR PROCEDURE WILL PROMOTE BOTH QUALITY AND
 COST-EFFECTIVENESS IN THE DELIVERY OF CARDIOVASCULAR SERVICES.
   § 3571. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CARDIOVASCULAR PROCEDURE" MEANS A DIAGNOSTIC EXAMINATION OR THERA-
 PEUTIC INTERVENTION OF THE HEART AND BLOOD VESSELS PERFORMED IN A HOSPI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14203-02-8

 S. 7548                             2
 
 TAL, INCLUDING INVASIVE CARDIOLOGY-CARDIAC CATHETERIZATION, NON-INVASIVE
 CARDIOLOGY,  NON-INVASIVE PERIPHERAL VASCULAR STUDY AND CARDIAC ELECTRO-
 PHYSIOLOGY.
   2. "CARDIOVASCULAR TECHNOLOGIST" MEANS A PERSON WHO IS AUTHORIZED BY A
 HOSPITAL TO PROVIDE TECHNICAL SUPPORT SERVICES, EXCLUDING SERVICES WITH-
 IN  THE  SCOPE  OF PRACTICE OF A HEALTH CARE PROFESSIONAL, IN CONNECTION
 WITH A CARDIOVASCULAR PROCEDURE. A HOSPITAL MAY USE  A  DIFFERENT  TITLE
 (EXCLUDING  A  PROFESSIONAL  TITLE) FOR THE PERSON WHOM IT AUTHORIZES TO
 PERFORM SUCH SERVICES.
   3.  "CERTIFICATION  IN  THE  INTRODUCTION  OF  CONTRAST  MATERIAL"  OR
 "CERTIFICATION"  MEANS  A  CERTIFICATION ISSUED PURSUANT TO THIS ARTICLE
 AUTHORIZING A CARDIOVASCULAR TECHNOLOGIST TO INTRODUCE CONTRAST MATERIAL
 INTO AN ARTERIAL LINE THAT HAS ALREADY BEEN PLACED INTO THE  PATIENT  BY
 AN  APPROPRIATELY LICENSED HEALTH CARE PROFESSIONAL, DURING A CARDIOVAS-
 CULAR PROCEDURE UNDER THE PERSONAL SUPERVISION OF A PHYSICIAN.
   4. "PERSONAL SUPERVISION" MEANS THE PHYSICIAN MUST BE IN ATTENDANCE IN
 THE ROOM DURING THE PERFORMANCE OF THE PROCEDURE.
   § 3572. CERTIFICATION REQUIRED. 1. EXCEPT AS OTHERWISE  AUTHORIZED  BY
 LAW,  ONLY  APPROPRIATELY LICENSED HEALTH CARE PROFESSIONALS AND PERSONS
 CERTIFIED PURSUANT TO THIS ARTICLE  SHALL  BE  AUTHORIZED  TO  INTRODUCE
 CONTRAST MATERIAL DURING A CARDIOVASCULAR PROCEDURE.
   2.  A PERSON CERTIFIED PURSUANT TO THIS ARTICLE SHALL BE AUTHORIZED TO
 INTRODUCE CONTRAST MATERIAL DURING A CARDIOVASCULAR PROCEDURE ONLY WHILE
 UNDER THE PERSONAL SUPERVISION OF A PHYSICIAN.
   3. THE DEPARTMENT SHALL ISSUE  A  CERTIFICATE  TO  INTRODUCE  CONTRAST
 MATERIAL  DURING  A  CARDIOVASCULAR  PROCEDURE  TO  AN INDIVIDUAL WHO IS
 APPROVED BY THE DEPARTMENT. SUCH INDIVIDUAL SHALL:
   (A) DEMONSTRATE THE SATISFACTORY  COMPLETION  OF  A  TRAINING  PROGRAM
 DESCRIBED  IN SECTION THIRTY-FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE,
 OR MEET THE ALTERNATIVE STANDARD PROVIDED IN SUCH SECTION;
   (B) DEMONSTRATE COMPETENCY BY THE  EXAMINATION  DESCRIBED  IN  SECTION
 THIRTY-FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE;
   (C) SUCCESSFULLY COMPLETE BASIC LIFE SUPPORT TRAINING;
   (D) PAY A BIENNIAL CERTIFICATION FEE OF TWENTY DOLLARS; AND
   (E) MEET SUCH OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMISSIONER
 IN REGULATION.
   § 3573. TRAINING PROGRAM. 1. A TRAINING PROGRAM ON THE INTRODUCTION OF
 CONTRAST  MATERIALS INTO AN ARTERIAL LINE DURING A CARDIOVASCULAR PROCE-
 DURE MAY BE OFFERED BY A  HOSPITAL  OR  BY  AN  EDUCATIONAL  INSTITUTION
 APPROVED  BY  THE  EDUCATION  DEPARTMENT OR OTHER RECOGNIZED ACCREDITING
 BODY.
   2. SUCH TRAINING PROGRAM SHALL:
   (A) HAVE A TRAINING PROGRAM COORDINATOR WHO IS ASSIGNED  THE  ADMINIS-
 TRATIVE  RESPONSIBILITY AND ACCOUNTABILITY FOR THE TRAINING PROGRAM. THE
 PROGRAM COORDINATOR SHALL BE A PHYSICIAN, NURSE, PHYSICIAN ASSISTANT  OR
 NURSE  PRACTITIONER WITH AT LEAST TWO YEARS OF EXPERIENCE THAT ROUTINELY
 INCLUDED THE INTRODUCTION OF CONTRAST  MATERIALS  DURING  CARDIOVASCULAR
 PROCEDURES;
   (B)  PROVIDE  TRAINING  BY  ONE  OR MORE INSTRUCTORS EACH OF WHOM IS A
 PHYSICIAN, NURSE, PHYSICIAN ASSISTANT  OR  NURSE  PRACTITIONER  WITH  AT
 LEAST  TWO  YEARS  OF ROUTINE EXPERIENCE IN THE INTRODUCTION OF CONTRAST
 MATERIALS DURING CARDIOVASCULAR PROCEDURES;
   (C) ESTABLISH CURRICULUM AND COURSE REQUIREMENTS,  INCLUDING  REQUIRED
 HOURS OF CLASSROOM OR ON-LINE INSTRUCTION AND REQUIRED HOURS OF CLINICAL
 TRAINING, APPROVED BY THE DEPARTMENT;
   (D) BE APPROVED BY:

 S. 7548                             3
 
   (I)  THE  DEPARTMENT,  IN THE CASE OF A TRAINING PROGRAM OPERATED BY A
 HOSPITAL;
   (II)  THE EDUCATION DEPARTMENT IN THE CASE OF A TRAINING PROGRAM OPER-
 ATED BY AN EDUCATIONAL INSTITUTION APPROVED BY THE EDUCATION DEPARTMENT;
 OR
   (III) THE ACCREDITING BODY OF ANOTHER STATE  OR  FEDERAL  AUTHORITIES,
 INCLUDING THE MILITARY, IN THE CASE OF A TRAINING PROGRAM OPERATED BY AN
 EDUCATIONAL INSTITUTION OR FEDERAL AGENCY, INCLUDING THE MILITARY; AND
   (E)  NOTIFY  THE DEPARTMENT OF ANY SUBSTANTIVE CHANGE IN THE NATURE OF
 THE APPROVED PROGRAM OR ITS CURRICULUM AND COURSE REQUIREMENTS.
   3. THE DEPARTMENT OR THE EDUCATION DEPARTMENT, WHICHEVER SHALL BE  THE
 APPROVING  AUTHORITY  FOR THE PROGRAM, MAY INSPECT A TRAINING PROGRAM AT
 ANY TIME.
   4. THE DEPARTMENT OR THE EDUCATION DEPARTMENT, WHICHEVER SHALL BE  THE
 APPROVING  AUTHORITY  FOR  THE  PROGRAM,  MAY WITHDRAW ITS APPROVAL OF A
 TRAINING PROGRAM FOR UP TO TWO YEARS EACH TIME THE  HOSPITAL  OR  EDUCA-
 TIONAL INSTITUTION:
   (A) FAILS TO PERMIT UNANNOUNCED VISITS;
   (B) FAILS TO MEET ALL OF THE REQUIREMENTS OF THIS SECTION;
   (C) IS SUBJECTED TO AN EXTENDED OR PARTIAL EXTENDED SURVEY;
   (D)  IS  ASSESSED A CIVIL MONETARY PENALTY OF FIVE THOUSAND DOLLARS OR
 MORE;
   (E) HAS A TEMPORARY MANAGER, RECEIVER OR CARETAKER APPOINTED; OR
   (F) IS SUBJECTED TO A BAN ON ADMISSIONS OR A DENIAL OF  PAYMENT  UNDER
 EITHER THE TITLE XVIII OR TITLE XIX PROGRAMS.
   5.  (A)  THE  DEPARTMENT  SHALL DEVELOP COMPETENCY EXAMINATIONS IN THE
 INTRODUCTION OF CONTRAST MATERIALS, AND SHALL APPOINT ONE OR MORE  EXAM-
 INERS TO ADMINISTER SUCH EXAMINATIONS.
   (B)  AN  EXAMINER  SHALL BE A PHYSICIAN, NURSE, PHYSICIAN ASSISTANT OR
 NURSE PRACTITIONER WITH AT LEAST TWO YEARS OF ROUTINE EXPERIENCE IN  THE
 INTRODUCTION  OF  CONTRAST  MATERIALS DURING A CARDIOVASCULAR PROCEDURE,
 AND SHALL NOT BE A TRAINING PROGRAM COORDINATOR OR INSTRUCTOR.
   (C) ELIGIBILITY TO TAKE THE COMPETENCY EXAMINATION  IS  LIMITED  TO  A
 PERSON WHO:
   (I)  HAS  COMPLETED  THE  TRAINING  PROGRAM DESCRIBED IN THIS SECTION,
 PROVIDED SUCH PERSON TAKES THE COMPETENCY EXAMINATION WITHIN ONE YEAR OF
 COMPLETING SUCH PROGRAM; OR
   (II) WAS EMPLOYED BY A HOSPITAL AS A CARDIOVASCULAR  TECHNOLOGIST  FOR
 AT LEAST TWO YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED
 SUCH  PERSON  TAKES  THE  COMPETENCY  EXAMINATION WITHIN ONE YEAR OF THE
 EFFECTIVE DATE OF THIS ARTICLE.
   (D) THE DEPARTMENT, OR ANY ENTITY WITH WHICH THE DEPARTMENT CONTRACTS,
 MAY CHARGE A FEE FOR ADMINISTERING THE EXAMINATION. SUCH  FEE  SHALL  BE
 SET BY THE DEPARTMENT, AND SHALL BE REASONABLY RELATED TO RECOVERING THE
 DEPARTMENT'S COSTS, AND BE ADJUSTED FROM TIME TO TIME.
   6.  A  CERTIFICATION  PURSUANT  TO THIS ARTICLE MAY BE SUSPENDED FOR A
 FIXED PERIOD, REVOKED OR ANNULLED, OR THE CERTIFICATE  HOLDER  CENSURED,
 REPRIMANDED,  SUBJECT  TO  A  CIVIL  PENALTY  NOT TO EXCEED TWO THOUSAND
 DOLLARS FOR EVERY SUCH VIOLATION, OR OTHERWISE DISCIPLINED,  IN  ACCORD-
 ANCE WITH THE PROVISIONS AND PROCEDURES SET FORTH IN SECTION THIRTY-FIVE
 HUNDRED TEN OF THIS CHAPTER.
   §  3574.  PERIOD OF CERTIFICATION VALIDITY; RECERTIFICATION. A CERTIF-
 ICATION PURSUANT TO THIS ARTICLE SHALL BE VALID FOR TWO YEARS. TO OBTAIN
 RECERTIFICATION AN INDIVIDUAL SHALL EITHER (1) DEMONSTRATE IN  THE  FORM
 INDICATED BY THE DEPARTMENT THAT HE OR SHE HAS WORKED AT LEAST ONE THOU-
 SAND  HOURS FOR COMPENSATION AS A CARDIOVASCULAR TECHNOLOGIST DURING THE

 S. 7548                             4
 
 PREVIOUS TWO YEAR PERIOD, AND THAT  SUCH  WORK  ROUTINELY  INCLUDED  THE
 INTRODUCTION  OF CONTRAST MATERIAL DURING A CARDIOVASCULAR PROCEDURE; OR
 (2) DEMONSTRATE COMPETENCY AS PROVIDED IN  SECTION  THIRTY-FIVE  HUNDRED
 SEVENTY-THREE OF THIS ARTICLE.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Provided that,  effec-
 tive  immediately,  any actions necessary to implement the provisions of
 this act on its  effective  date  are  authorized  and  directed  to  be
 completed on or before such date.

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