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S1359Senate2017-2018 SessionSame asA426

License Orthopaedic Technologists Statewide

Official title

“Requires state licensure of persons in the practice of orthopaedic technology”

Sponsor Terrence P. MurphySD-40+2 co-sponsorsAffects Education
Status
In Senate Committee
Higher Education
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Higher Education

What's happening

This bill establishes licensure, certification requirements, and a regulatory board for orthopaedic technologists in New York State.

Why it matters

  1. Establishes clear professional standards and oversight. for orthopaedic technologists, ensuring only qualified individuals can use the title and perform specialized tasks like casting, brace fitting, and assisting in surgeries under physician supervision. This could enhance patient safety and quality of care.

  2. Creates a defined pathway for entry into the profession,. requiring applicants to meet education, experience, examination, age, and character criteria. This structure helps legitimize the role and may increase public trust in orthopaedic technologists.

  3. Introduces a limited permit system. allowing individuals who are close to meeting full licensure requirements to practice under supervision, provided they continue their education and eventually pass a national certification exam. This balances workforce needs with professional competency.

  4. Forms a state board for orthopaedic technology. with a mix of professionals, surgeons, and public representatives, which can guide regulation, professional conduct, and ensure accountability within the profession—potentially affecting how complaints, disciplinary actions, and standards are managed in the field.

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Who cares

Headline styles

License Orthopaedic Technologists Statewide

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Terrence P. Murphy

Senator · Senate District 40

Chair, Investigations And Government Operations

History

  1. Referred to higher education
  2. Referred to higher education

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A426Assembly

License Orthopaedic Technologists Statewide

In Assembly Committee · Higher Education · Sponsor Sandy Galef

Impact 6 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 1359 A. 426

2017-2018 Regular Sessions

SENATE - ASSEMBLY

January 9, 2017

IN SENATE -- Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education

IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to state licensure of orthopaedic technologists

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The education law is amended by adding a new article 169 to read as follows:

ARTICLE 169

ORTHOPAEDIC TECHNOLOGISTS Section 8900. Introduction.

8901. Definition of the practice of orthopaedic technology.

8902. Use of the title "orthopaedic technologist".

8903. Requirements for professional licensure.

8904. Limited permits.

8905. Exemptions.

8906. State board.

§ 8900. Introduction. This article applies to the profession of orthopaedic technology and to the use of the title "orthopaedic technologist". The general provisions for all professions contained in article one hundred thirty of this title shall apply to this article.

§ 8901. Definition of the practice of orthopaedic technology. The practice of orthopaedic technology by an orthopaedic technologist shall mean the performance of the following medical services under the supervision of a physician or surgeon involved in the musculoskeletal care of patients:

1. Patient assessment for purposes of orthopaedic procedures;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00639-02-7

S. 1359 2 A. 426

2. Applying and removing casts;

3. Measuring and fitting patients for orthopaedic braces, devices, and ambulatory aids;

4. Assisting in the application, maintenance, and adjustment of orthopaedic traction;

5. Fabricating and applying splints and bandages;

6. Removing sutures, staples, and pins related to orthopaedic procedures;

7. Instructing patients in the care of casts, splints, braces, or orthopaedic devices and related skin care; and

8. Assisting a physician and surgeon in orthopaedic surgical procedures.

For the purposes of this article, "supervision" shall mean a licensed physician or surgeon's oversight of the activities of, and responsibility for, the medical services rendered by an orthopaedic technologist.

§ 8902. Use of the title "orthopaedic technologist". No person, other than one who is currently certified as an orthopaedic technologist, shall practice as an orthopaedic technologist or in a similar capacity or hold himself or herself out as an "orthopaedic technologist," or shall use any other term indicating or implying that he or she is an orthopaedic technologist.

§ 8903. Requirements for professional licensure. To qualify for certification as a certified orthopaedic technologist, an applicant shall fulfill the following requirements:

1. Application: file an application with the department;

2. Experience: have experience in the practice of orthopaedic technology satisfactory to the board and the department in accordance with the commissioner's regulations;

3. Examination: pass a National Board for Certification of Orthopaedic Technologists, Inc's. examination in accordance with the commissioner's regulations;

4. Age: be at least eighteen years of age;

5. Character: be of good moral character as determined by the department; and

6. Fee: pay a fee of one hundred seventy-five dollars for an initial license and a fee of eighty-five dollars for each triennial registration period.

§ 8904. Limited permits. Permits limited as to eligibility, practice and duration shall be issued by the department to eligible applicants, as follows:

1. Eligibility. A person who fulfills all requirements for a license as a professional orthopaedic technologist except those relating to examination or experience shall be eligible for a limited permit;

2. Limit of practice. A permittee shall be authorized to practice orthopaedic technology under the direction of an available licensed or certified orthopaedic technologist or orthopaedic surgeon;

3. Duration. A limited permit shall be valid for two years with the successful completion of forty hours of continuing education units in orthopaedic technology. Continuing education units must be submitted to the National Board for Certification of Orthopaedic Technologists, Inc. At the completion of the forty hours of continuing education, the National Board for Certification of Orthopaedic Technologists, Inc. will present to the limited permittee an official letter confirming continuing education has been completed, which will be filed with the state. The limited permit may be renewed biennially at the discretion of the department. The permittee can renew up to three consecutive times; after

S. 1359 3 A. 426

that timeframe the permittee must pass the National Board for Certification of Orthopaedic Technologists, Inc's. examination; and

4. Fee. The fee for each limited permit and for each renewal shall be sixty dollars.

§ 8905. Exemptions. Nothing in this article shall be construed to affect, prevent or in any manner expand or limit the authority of any person otherwise authorized by law or regulation to practice any function of an orthopaedic technologist.

§ 8906. State board. A state board for orthopaedic technology shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of at least three licensed orthopaedic technologists and at least three public representatives who do not hold interests in the organization, financing, or delivery of orthopaedic technologies. Additionally, the board shall contain no less than two orthopedic surgeons. Members of the first board need not be licensed prior to their appointment to the board. The terms of the first appointed members shall not exceed five years and may be renewed for a period of three additional years at the discretion of the commissioner.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the education law, in relation to state licensure of orthopaedic technologists

Purpose or general idea of bill

The purpose of this legislation is to require state licensure of persons in the practice of orthopaedic technology.

Summary of specific provisions

Section 1. The Education Law is amended by adding a new article 168.

ARTICLE 168 ORTHOPAEDIC TECHNICIANS

§ 8900. Introduction. This article applies to the profession of orthopaedic technology and to the use of the title "orthopaedic technologist".

§ 8901. Defines the practice of orthopaedic technology.

§ 8902. Use of the title "orthopaedic technologist". No person, other than one who is currently certified as an orthopaedic technologist, shall practice as an orthopaedic technologist or in a similar capacity or hold himself or herself out as an "orthopaedic technologist," or shall use any other term indicating or implying that he or she is an orthopaedic technologist.

§ 8903. Requirements for professional licensure. To qualify for certification as a certified orthopaedic technologist, an applicant shall: file an application with the department, have experience in the practice of orthopaedic technology satisfactory to the board and the department, pass a National Board for Certification of Orthopaedic Technologists, Inc's examination, be at least eighteen years of age, be of good moral character as determined by department, and pay a fee of $175.00 for an initial license and a fee of $85.00 for each triennial registration period.

§ 8904. Limited permits. Permits limited as to eligibility, practice and duration shall be issued by the department to eligible applicants.

§ 8905. Exemptions. Nothing in this article shall be construed to affect, prevent or in any manner expand or limit the authority of any person otherwise authorized by law or regulation to practice any function of an orthopaedic technologist.

§ 8906. State board for orthopaedic technology. A state board for orthopaedic technology shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct. Details of this board are given.

Section 2. Establishes the effective date.

Justification

New York State has no certification or licensure for orthopaedic technologists. Most hospitals and/or orthopaedic offices employ at least one orthopaedic technologist, and health care systems such as Kaiser Health Care, Inc., Catholic Health Care West and Sutter Health Care Systems request that orthopaedic technologists be certified by the National Board for Certification of Orthopaedic Technologists.

Orthopaedic technologists assist orthopaedic surgeons and perform tasks such as plaster and synthetic casting, splint setting, brace applications and different tractions. These tasks require individuals who possess highly specialized skills in orthopaedics. The National Board for Certification of Orthopaedic Technologists has been certifying orthopaedic technologists since 1982, and their requirements and examination protocols provide the model for New York State.

The licensure of orthopaedic technologists would also generate in-state educational programs, thereby generating new well-paying jobs for New York citizens. In turn, such individuals contribute to the New York economy and help contain health care costs since the orthopaedic technologist can free up physician assistants and orthopaedic surgeons to focus on other, more sophisticated tasks.

Prior legislative history

A. 6799-B and S. 6547 of 2015/2016

Fiscal implications

The fiscal implications could include potential revenue for state education in the creation of a new education and license program.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.