NY State Senate Bill 2023-S4497A

Current Bill Status - In Senate Committee Higher Education 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Apr 27, 2023	print number 4497a
Apr 27, 2023	amend and recommit to higher education
Feb 09, 2023	referred to higher education

Bill Amendments

Original

A (Active)

2023-S4497 - Details

See Assembly Version of this Bill:: A201
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§8504 & 8513, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10798
2019-2020: A7304
2021-2022: S5925, A1358

2023-S4497 - Summary

Relates to the license requirements for the practice of respiratory therapy.

2023-S4497 - Sponsor Memo

                                 
BILL NUMBER: S4497

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law, in relation to the license require-
ments for the practice of respiratory therapy

 
PURPOSE OR GENERAL IDEA OF BILL:

To update the license requirements for respiratory therapy consistent
with current national standards.

 
SUMMARY OF PROVISIONS:

Section 1: Changes the educational requirement from an associate to a
bachelor's degree for licensure as a respiratory therapy.

Section 2: Grandfathers in any current licensee and students enrolled in
an approved associate degree program prior to the effective date for
their first licensure period.

Section 3: Ends the licensing of respiratory therapist technicians as
that licensing level is now obsolete.

Section 4: Establishes the effective date.

 
JUSTIFICATION:

This legislation will improve the health, safety and welfare of New York
citizens in need of respiratory therapy services by increasing the
educational standards for Respiratory Therapists (RTs) to a bachelor's
degree in keeping with best practices. Respiratory Therapists are
healthcare practitioners who play an integral part in diagnosing lung
and breathing disorders, consulting with physicians on treatments,
assessing patients, and recommending specific changes in therapy based
on their patient assessments. They are involved in analyzing data to
determine levels of oxygen, carbon dioxide and other physiological
parameters. Respiratory Therapists contribute heavily to managing
patients on a variety of advanced modes of mechanical ventilation and
artificial airway devices, and actively participate in rapid response
teams and emergency situations. Respiratory Therapists also provide
education to patients and their families about how to best care for
their cardiopulmonary disorders in both the in-patient and out-patient
care setting.

Respiratory Therapists played a significant role in treating COVID-19
patients who were critically ill and those who required life support
equipment such as mechanical ventilation, high flow oxygen therapy or
Extracorporeal Membrane Oxygenation. Along with managing life support
equipment, Respiratory Therapists intubate patients, and are responsible
for obtaining arterial blood gases to help make critical parameter
adjustments to patients on life support equipment. With significant
healthcare resource shortages and a significant increase in critical
care patient load during the COVID-19 pandemic, it was imperative that
Respiratory Therapists think quickly and provide immediate critical care
during this extremely difficult time.


New York first recognized the practice of respiratory therapy and
respiratory therapist technician as licensed professions in 1992.
Cardiopulmonary medicine, pharmaceutical treatment, and medical technol-
ogy have significantly advanced since 1992, as has the academic prepara-
tion and professional standards for Respiratory Therapists. A corre-
sponding advancement in educational requirements for licensure to a
bachelor's degree is necessary to ensure that future respiratory thera-
pists are adequately academically prepared for this expanding role.
Associate degree programs have a limited amount of time to properly
deliver the curriculum, while bachelor's degree programs have the abili-
ty for educational training and experience in more advanced clinical
practice, teaching, management, and research. This higher academic
requirement will ensure Respiratory Therapists are able to continue to
contribute to improving patient outcomes. Those individuals currently
licensed as Respiratory Therapists will be grandfathered under this
legislation, and the legislation includes a transition period of seven
years to allow those programs that are not currently at the bachelor's
degree level to transition to the higher standard.

In addition, this legislation eliminates the Respiratory Therapist Tech-
nician license for new applicants but allows previously issued licenses
to be renewed. The State no longer has one-year certificate programs for
Respiratory Therapist Technicians. In addition, a national educational
accrediting body report indicates that those individuals who were bacca-
laureate prepared had a greater passage rate for Registered Respiratory
Therapist credentialing than those who were associate degree prepared.
In 2020, the Commission on Accreditation for Respiratory Care (CoARC)
updated its "Entry into Professional Practice" standards to reflect the
minimum expectation goal of respiratory care practice performed by
Registered Respiratory Therapists (RRT), eliminating the previous stand-
ard which relied on the CRT exam success rate (for RTT license) as
outcome measurement for programs.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S5925 - Referred to Higher Education

2019-2020: A7304 - Referred to Higher Education

2018: A10798 - Referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2023-S4497 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4497
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 the license require-
   ments for the practice of respiratory therapy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 8504 of the education law, as
 added by chapter 817 of the laws of 1992, is amended to read as follows:
   2. Education: have received an education, including completion  of  an
 approved  [associate]  BACHELOR degree program in respiratory therapy or
 in a program determined by the department to be the equivalent;
   § 2. Section 8507 of the education law is  amended  by  adding  a  new
 closing paragraph to read as follows:
   SUBDIVISION  TWO  OF  SECTION EIGHTY-FIVE HUNDRED FOUR OF THIS ARTICLE
 SHALL NOT APPLY TO ANY PERSON LICENSED AS A RESPIRATORY THERAPIST ON THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-THREE
 THAT ADDED THIS PARAGRAPH.
   § 3. Section 8513 of the education law, as added by chapter 817 of the
 laws of 1992, is amended to read as follows:
   § 8513. Special  provisions.  1.  A  person  shall be licensed without
 examination provided that, within one year of the effective date of this
 article, the individual:
   [1.](A) files an application and pays  the  appropriate  fees  to  the
 department; and
   [2.  (a)](B)(1)  is  certified by a national certifying or accrediting
 board for respiratory therapy technicians acceptable to the  department,
 or
   [(b)](2) has practiced as a respiratory therapy technician in a hospi-
 tal, as defined in article twenty-eight of the public health law, in the
 state for not less than two years within the last five years, or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00305-01-3
 S. 4497                             2

 
   [(c)](3)  has  met the educational standards of a hospital, as defined
 in article twenty-eight of the public health law, or, in the case  of  a
 hospital  operated  by  a public benefit corporation, has met the educa-
 tional standards of such corporation, and has practiced as a respiratory
 therapy technician for at least one year in such hospital.
   2.  THE  DEPARTMENT  SHALL  NOT ACCEPT NEW APPLICATIONS FOR AN INITIAL
 LICENSE AS A  RESPIRATORY  THERAPY  TECHNICIAN,  PROVIDED  HOWEVER  THAT
 LICENSES ISSUED PRIOR TO THAT DATE SHALL BE ELIGIBLE FOR RENEWAL SUBJECT
 TO THE PROVISIONS OF THIS SECTION.
   §  4.  This  act shall take effect immediately; provided that sections
 one and two of this act shall take effect on the first of  September  in
 the  seventh year next succeeding the year in which it shall have become
 a law and shall only apply to the issuance of initial licenses, with the
 exception that any individual enrolled in an approved  associate  degree
 program in respiratory therapy or in a program determined by the depart-
 ment  to  be  the equivalent as of the first of September in the seventh
 year next succeeding the year in which this act shall have become a  law
 may receive an initial license upon graduation from the associate degree
 program,  but at the conclusion of the initial triennial licensure peri-
 od, such individual must have completed a  bachelor  degree  program  in
 respiratory  therapy  or a program to be determined by the department to
 be the equivalent as a condition of renewing their license.

2023-S4497A (ACTIVE) - Details

See Assembly Version of this Bill:: A201
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§8504 & 8513, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10798
2019-2020: A7304
2021-2022: S5925, A1358

2023-S4497A (ACTIVE) - Summary

Relates to the license requirements for the practice of respiratory therapy.

2023-S4497A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4497A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law, in relation to the license require-
ments for the practice of respiratory therapy

 
PURPOSE OR GENERAL IDEA OF BILL:

To update the license requirements for respiratory therapy consistent
with current national standards.

 
SUMMARY OF PROVISIONS:

Section 1: Changes the educational requirement from an associate to a
bachelor's degree for licensure as a respiratory therapist.

Section 2: Ends the licensing of respiratory therapist technicians as
that licensing level is now obsolete.

Section 3 and Section 4: Provides that the new licensure requirements do

not impact any current licensees.

Section 5: Establishes the effective date.

 
JUSTIFICATION:

This legislation will improve the health, safety and welfare of New York
citizens in need of respiratory therapy services by increasing the
educational standards for Respiratory Therapists (RTs) to a bachelor's
degree in keeping with best practices. Respiratory Therapists are
healthcare practitioners who play an integral part in diagnosing lung
and breathing disorders, consulting with physicians on treatments,
assessing patients, and recommending specific changes in therapy based
on their patient assessments. They are involved in analyzing data to
determine levels of oxygen, carbon dioxide and other physiological
parameters. Respiratory Therapists contribute heavily to managing
patients on a variety of advanced modes of mechanical ventilation and
artificial airway devices, and actively participate in rapid response
teams and emergency situations. Respiratory Therapists also provide
education to patients and their families about how to best care for
their cardiopulmonary disorders in both the in-patient and out-patient
care setting.

Respiratory Therapists played a significant role in treating COVID-19
patients who were critically ill and those who required life support
equipment such as mechanical ventilation, high flow oxygen therapy or
Extracorporeal Membrane Oxygenation. Along with managing life support
equipment, Respiratory Therapists intubate patients, and are responsible
for obtaining arterial blood gases to help make critical parameter
adjustments to patients on life support equipment. With significant
healthcare resource shortages and a significant increase in critical
care patient load during the COVID-19 pandemic, it was imperative that
Respiratory Therapists think quickly and provide immediate critical care
during this extremely difficult time.

New York first recognized the practice of respiratory therapy and
respiratory therapist technician as licensed professions in 1992.
Cardiopulmonary medicine, pharmaceutical treatment, and medical technol-
ogy have significantly advanced since 1992, as has the academic prepara-
tion and professional standards for Respiratory Therapists. A corre-
sponding advancement in educational requirements for licensure to a
bachelor's degree is necessary to ensure that future respiratory thera-
pists are adequately academically prepared for this expanding role.
Associate degree programs have a limited amount of time to properly
deliver the curriculum, while bachelor's degree programs have the abili-
ty for educational training and experience in more advanced clinical
practice, teaching, management, and research. This higher academic
requirement will ensure Respiratory Therapists are able to continue to
contribute to improving patient outcomes. Those individuals currently
licensed as Respiratory Therapists will not be impacted by this legis-
lation, and the legislation allows for a six year period for a new
licensee that is a graduate of an associate's degree program to complete
a bachelor's degree while still being licensed as a respiratory thera-
pist during that six year period.

In addition, this legislation eliminates the Respiratory Therapist Tech-
nician license for new applicants but allows previously issued licenses
to be renewed. The State no longer has one-year certificate programs for
Respiratory Therapist Technicians. In addition, a national educational
accrediting body report indicates that those individuals who were bacca-
laureate prepared had a greater passage rate for Registered Respiratory
Therapist credentialing than those who were associate degree prepared.
In 2020, the Commission on Accreditation for Respiratory Care (CoARC)
updated its "Entry into Professional Practice" standards to reflect the
minimum expectation goal of respiratory care practice performed by
Registered Respiratory Therapists (RRT), eliminating the previous stand-
ard which relied on the CRT exam success rate (for RTT license) as
outcome measurement for programs.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S5925 - Referred to Higher Education

2019-2020: A7304 - Referred to Higher Education

2018: A10798 - Referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2023-S4497A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4497--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Higher Education --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to the license require-
   ments for the practice of respiratory therapy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 8504 of the education law, as
 added by chapter 817 of the laws of 1992, is amended to read as follows:
   2. Education: have received an education, including completion  of  an
 approved  [associate]  BACHELOR degree program in respiratory therapy or
 in a program determined by the department to be the equivalent;  AND  IN
 ORDER  TO  CONTINUE  TO  MAINTAIN REGISTRATION AS A LICENSED RESPIRATORY
 THERAPIST IN NEW YORK STATE, HAVE ATTAINED  A  BACCALAUREATE  DEGREE  OR
 HIGHER  IN RESPIRATORY THERAPY OR IN A PROGRAM DETERMINED BY THE DEPART-
 MENT TO BE THE EQUIVALENT WITHIN  SIX  YEARS  OF  INITIAL  LICENSURE  IN
 ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS.  THE DEPARTMENT, IN ITS
 DISCRETION, MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS
 TO COMPLETE THE BACCALAUREATE DEGREE BUT WHO AGREES TO  MEET  THE  ADDI-
 TIONAL  REQUIREMENT  WITHIN  ONE  YEAR.  THE  FEE FOR SUCH A CONDITIONAL
 REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE  FOR  THE
 TRIENNIAL  REGISTRATION.  THE  DURATION OF SUCH CONDITIONAL REGISTRATION
 SHALL BE FOR ONE YEAR AND MAY BE EXTENDED, WITH THE PAYMENT  OF  A  FEE,
 FOR NO MORE THAN ONE ADDITIONAL YEAR, UNLESS THE APPLICANT CAN SHOW GOOD
 CAUSE  FOR NON-COMPLIANCE ACCEPTABLE TO THE DEPARTMENT.  THE DEPARTMENT,
 IN ITS DISCRETION, MAY ISSUE A  TEMPORARY  EDUCATIONAL  EXEMPTION  TO  A
 LICENSEE  WHO  IS  UNABLE  TO COMPLETE THE BACCALAUREATE DEGREE DUE TO A
 LACK OF ACCESS TO EDUCATIONAL PROGRAMS. LICENSEES  SEEKING  A  TEMPORARY
 EDUCATIONAL EXEMPTION SHALL PROVIDE EVIDENCE OF APPLYING ON AT LEAST TWO
 OCCASIONS TO A BACCALAUREATE DEGREE PROGRAM OR PROGRAMS AND SUBSEQUENTLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00305-03-3

 S. 4497--A                          2
 
 BEING  DENIED  ACCESS  TO SUCH PROGRAM OR PROGRAMS ON AT LEAST TWO OCCA-
 SIONS DUE TO THERE BEING A LIMITED NUMBER OF SEATS. SUCH  DENIALS  SHALL
 ALSO BE CORROBORATED BY THE HIGHER EDUCATION INSTITUTION OR INSTITUTIONS
 THAT  THE  LICENSEE  APPLIED TO. TEMPORARY EDUCATIONAL EXEMPTIONS ISSUED
 PURSUANT TO THIS SUBDIVISION SHALL BE FOR  A  SINGLE  TWO  YEAR  PERIOD.
 LICENSEES  SHALL  ONLY BE ELIGIBLE FOR EITHER A CONDITIONAL REGISTRATION
 OR A TEMPORARY EDUCATIONAL EXEMPTION.  THE  FEE  FOR  SUCH  A  TEMPORARY
 EDUCATIONAL  EXEMPTION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION.   ANY LICENSEE WHO IS  NOTIFIED  OF  THE
 DENIAL  OF  A REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCA-
 TIONAL REQUIREMENTS AND WHO PRACTICES AS A LICENSED  RESPIRATORY  THERA-
 PIST   WITHOUT   SUCH   REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
   § 2. Section 8513 of the education law, as added by chapter 817 of the
 laws of 1992, is amended to read as follows:
   § 8513. Special provisions. 1. A  person  shall  be  licensed  without
 examination provided that, within one year of the effective date of this
 article, the individual:
   [1.](A)  files  an  application  and  pays the appropriate fees to the
 department; and
   [2. (a)](B)(1) is certified by a national  certifying  or  accrediting
 board  for respiratory therapy technicians acceptable to the department,
 or
   [(b)](2) has practiced as a respiratory therapy technician in a hospi-
 tal, as defined in article twenty-eight of the public health law, in the
 state for not less than two years within the last five years, or
   [(c)](3) has met the educational standards of a hospital,  as  defined
 in  article  twenty-eight of the public health law, or, in the case of a
 hospital operated by a public benefit corporation, has  met  the  educa-
 tional standards of such corporation, and has practiced as a respiratory
 therapy technician for at least one year in such hospital.
   2.  THE  DEPARTMENT  SHALL  NOT ACCEPT NEW APPLICATIONS FOR AN INITIAL
 LICENSE AS A RESPIRATORY THERAPY TECHNICIAN, PROVIDED  HOWEVER  THAT  AN
 INDIVIDUAL  LICENSED  AS  A RESPIRATORY THERAPY TECHNICIAN PRIOR TO THAT
 DATE SHALL BE ELIGIBLE TO RENEW THE REGISTRATION OF THE LICENSE  SUBJECT
 TO THE PROVISIONS OF THIS SECTION.
   § 3.  The provisions of this act shall not apply to:
   1. any student currently enrolled in, or having an application pending
 in,  an approved associate degree program in respiratory therapy or in a
 program determined by the department to be  the  equivalent  as  of  the
 effective date of this act; or
   2. any person already licensed as a respiratory therapist.
   §  4.  Any  individual  covered  by section three of this act shall be
 deemed fully licensed provided that such individual meets  the  require-
 ments set forth by article 164 of the education law.
   §  5.  This  act shall take effect immediately; provided, however that
 section one of this act shall take effect two years after this act shall
 have become a law.

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Senate Bill S4497A

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2023-S4497 - Details

2023-S4497 - Summary

2023-S4497 - Sponsor Memo

2023-S4497 - Bill Text download pdf

2023-S4497A (ACTIVE) - Details

2023-S4497A (ACTIVE) - Summary

2023-S4497A (ACTIVE) - Sponsor Memo

2023-S4497A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4497A

Share this bill

Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2023-S4497 - Details

2023-S4497 - Summary

2023-S4497 - Sponsor Memo

2023-S4497 - Bill Text download pdf

2023-S4497A (ACTIVE) - Details

2023-S4497A (ACTIVE) - Summary

2023-S4497A (ACTIVE) - Sponsor Memo

2023-S4497A (ACTIVE) - Bill Text download pdf

Comments