Relates to licensing the practice of polysomnographic technology

§ 8800. Provide that Education Law Article 130, related to standards of professional misconduct and unauthorized acts, would apply to the practice of polysomnographic technology.

§ 8801. Define the terms "practice of polysomnographic technology" and "practice of the profession of polysomnographic technology" which relate to the diagnosis and treatment of sleep/wake disorders, syndromes and dysfunctions.

§ 8802. Require that only a person who is licensed and registered, or exempt from such requirements, shall practice polysomnographic technology.

§ 8803. Authorize only a person licensed pursuant to this new article to use the title of "licensed polysomnographic technologist", "polysomnographic technologist" or "licensed sleep tech".

§ 8804. Establish the State Committee for polysomnographic Technology to assist the State Board of Medicine on polysomnographic technology matters, and which shall also function as the State Board of Polysomnographic Technology. The Committee shall be comprised of nine members appointed by the Board of Regents, upon recommendation of the Commissioner of Education, and shall include five licensed polysomnographic technologists, two licensed respiratory therapists with training and/or experience in sleep disorders, one licensed physician who practices in the field of sleep medicine, and one representative of the public.

§ 8805. Prescribe the qualifications for a polysomnographic technology license, including that a prospective licensee:

a. File an application with the State Education Department;

b. Have an associate degree in polysomnographic technology from an accredited college or university, or completed course work substantially equivalent to an associate degree program in polysomnographic technology which is satisfactory to the Commissioner of Education for the practice of polysomnographic technology;

c. Have experience satisfactory to the state Board of polysomnographic Technology;

d. Pass an examination satisfactory to the Board;

e. Be at least eighteen years of age;

f. Be of good moral character, as determined by the state Education Department; and

g. pay a one-time licensure fee of three hundred dollars. Require each licensed polysomnographic technologist to register every three years with the State Education Department and pay a fee of three hundred dollars for each registration period.

§ 8806. Authorize the state Education Department to issue limited permits to persons who fulfill all of the licensing requirements except the examination requirement. Such permittee would only be authorized to practice under the direction and supervision of a licensed physician, and under the direct and immediate supervision of a licensed polysomnographic technologist or other appropriately competent physician or health care professional. The limited permits would be valid for one year, may be renewed for an additional year, and would be issued upon payment of a fifty dollar fee.

§ 8807. Exempt from the licensure and registration requirements would be those persons who are:

a. Students enrolled in registered polysomnographic technology education programs or registered respiratory care programs;

b. Qualified and licensed, certified, or registered health care providers;

c. polysomnographic practitioners legally qualified in any other state or territory and who are performing duties related to their service in the armed forces, the United States Public Health Service, or the Veteran's Administration;

d. Licensed respiratory therapists or respiratory therapy technicians; and

e. Practicing polysomnographic technology for approved clinical research purposes, under the direction and supervision of a licensed physician.

§ 8808. Authorize a person who has not passed the examination or satisfied the education requirement to be licensed as a polysomnographic technologist if, within one year of the effective date of the implementing regulations, the person:

a. Files an application and pays the appropriate licensing fee to the State Education Department;

b. Is certified by a national certifying or accrediting board for polysomnography acceptable to the State Education Department; and

c: Has practiced polysomnography under the direction and supervision of a licensed physician who specializes in the practice of sleep medicine for eighteen months or more in the previous three years; provided that such experience shall not be acceptable for licensure after December 31, 2011.

§ 8809. Require each licensed polysomnographic technologist to complete a minimum of twenty-four hours of continuing education acceptable to the state Education Department during each triennial period, with such person not being issued a certificate of registration unless such requirement has been satisfied. Exemptions from the continuing education requirement would be provided to licensed polysomnographic technologists in their first triennial registration period and those licensees not engaged in the practice of polysomnographic technology, evidenced by a filing statement with the Department. The State Education Department would be authorized to issue a one-year, conditional registration to a licensee who fails to meet the mandatory continuing education requirement, provided the licensee agrees to complete any additional education the Department may require and pay the triennial registration fee. Licensed polysomnographic technologists would be required to maintain adequate documentation of completion of the continuing education course work and provide such documentation upon request of the Department.

Justification

Insufficient or irregular sleep is a growing national health issue. It is estimated that between 40 and 70 million Americans suffer from sleep disorders and an additional 20 to 30 million people have intermittent sleep-related problems. The human and economic costs resulting from sleep deprivation and sleep disorders are staggering with sleep disorders having repeatedly been found to greatly heighten the risk of many serious illnesses including colon cancer, breast cancer, heart disease, stroke, diabetes, Sudden Infant Death Syndrome and obesity. Additionally, there are thousands of deaths and injuries attributable to sleep-related vehicular accidents each year, which account for approximately twenty percent of all vehicular accidents. The economic cost of sleep-related disorders is estimated to be up to $150 billion annually in employment absenteeism and lost productivity with an additional $50 billion to $100 billion in indirect costs related to accident litigation, destruction of property, medical care, and death. There are over eighty different. Classified sleep disorders including chronic insomnia, sleep apnea, restless leg syndrome, narcolepsy, and parasomnias. In addition to the millions of Americans known to suffer from sleep disorders, ninety-five percent of all persons with sleep disorders remain undiagnosed because many health care providers are neither adequately trained nor informed to diagnose and treat sleep disorders.

Given the compelling health issues and costs at stake, the diagnosis and treatment of sleep disorders has become a vital health care issue. In response to this need, there has been an emergence of independent sleep centers, sleep labs and hospitals using state-of-the-art equipment to monitor, test and treat patients suffering from sleep disorders. These facilities rely upon a team of professionals including physicians specializing in sleep disorders, nurses, respiratory therapists, and polysomnographic technologists.

As the diagnosis and treatment of sleep disorders has developed, polysomnographic technologists have played an integral and, perhaps, the most visible function in patient care including administering sleep tests and working with physicians to provide information needed for the accurate diagnosis and treatment of such disorders. They typically are responsible for: gathering and analyzing patient information and ensuring the appropriate tests are performed; administering tests which may involve connections of electrodes, sensors, and air masks; monitoring, scoring and evaluating test results; and ensuring patient safety. Polysomnographic technologists are highly trained and often experienced professionals who work under the supervision of, and in cooperation with, physicians and other health care providers. Importantly, since the diagnosis of a patient usually occurs over a one- or two-night period, polysomnographic technologists are relied upon to work overnight shifts unlike other health care providers.

Because polysomnographic technologists provide such a vital service which often involves, for instance, connecting and monitoring breathing apparatus, the State Education Department (SED) has mandated that these technologists demonstrate the appropriate training and experience through a state licensure and registration regulatory scheme. SED has determined that if a legislative solution does not occur, persons who provide polysomnographic services without the appropriate license could be prosecuted for illegal practice and licensed health care providers who assist in such practice may be charged with professional misconduct. As a result, enactment of this bill is essential in the current legislative session to ensure the continuation of the important work by polysomnographic technologists and that state resources are not diminished in enforcing against well-intentioned and qualified health care practitioners.

This bill would require the licensure and registration of the profession of polysomnographic technology with an emphasis on ensuring that polysomnographic technologists practicing in New York State are adequately educated, trained, supervised and regulated for the protection of patients under their care. It would make certain that they are both competent and qualified to work with patients and in cooperation with other health care providers, who similarly are required by law to be qualified and regulated by SED or the State Health Department.

Prior legislative history

2008: A.10961-A/S.8037-A Referred to Higher Education

Fiscal implications

None.

Effective date

This act shall take effect one year after it shall have become a law; provided further, that subdivision 2 of section 8805 of the education law as added by section one of this act shall not take effect until such time as there are at least four licensure qualifying associate degree programs, acceptable to the department of education, in polysomnographic technology operated by accredited colleges or universities in the state; provided further, however, that the department of education shall notify the legislative bill drafting commission upon the creation of four acceptable qualifying associate degree programs in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such effective date.