Assembly Bill A236A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    236
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, SAYEGH, COOK, BUTTENSCHON, GONZALEZ-
   ROJAS -- read once and referred 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; 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
 BEING DENIED ACCESS TO SUCH PROGRAM OR PROGRAMS ON AT  LEAST  TWO  OCCA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00827-01-5
 A. 236                              2
 
 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.