Relates to authorizing polysomnographic technology services

Summary of specific provisions

Section one of the bill amends Section 8505 of the education law by adding a new subdivision 5 defining the scope of polysomnographic technology services. This scope of practice will be regulated by the State Education Department in regulations of the commissioner and only authorized individuals registered by the guidance of the department under rules, regulations and education standards will be granted authorization to practice the profession of polysornnographic technology services. The authorization holder will also be registered with the department every three years and pay a registration fee of three hundred dollars.

Section two of the bill states this act shall take effect one year after it shall have become a law.

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. 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 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 01/14/10 Referred to higher education 06/09/10 Amend and recommit to higher education 06/09/10 Print number 9546a

Fiscal implications

None.

Effective date

This act shall take effect one year after it becomes law.