Relates to polysomnographic technology services; grants authorization to practice polysomnographic technology to individuals who have met certain standards and requirements.
TITLE OF BILL: An act to amend the education law, in relation to licensing the practice of polysomnographic technology
PURPOSE OR GENERAL IDEA OF BILL: To ensure that persons suffering from sleep disorders are diagnosed and treated only by competent and qualified polysomnographic technology professionals who are registered with the State Education Department.
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.
STATE OF NEW YORK ________________________________________________________________________ 1831--B 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Committee on Commerce, Economic Development and Small Business -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to authorizing polysomno- graphic technology services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 8505 of the education law is amended by adding a new subdivision 5 to read as follows: 5. THE PROVISION OF POLYSOMNOGRAPHIC TECHNOLOGY SERVICES, AS DEFINED BY THE COMMISSIONER, BY AN INDIVIDUAL, UNDER THE DIRECTION AND SUPER- VISION OF A LICENSED PHYSICIAN, WHO HAS OBTAINED AUTHORIZATION ISSUED BY THE DEPARTMENT. SUCH AUTHORIZATION SHALL BE ISSUED TO INDIVIDUALS WHO HAVE MET STANDARDS, INCLUDING THOSE RELATING TO EDUCATION, EXPERIENCE, EXAMINATION AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE COMMIS- SIONER. SUCH AUTHORIZATION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT, PURSU- ANT TO THIS TITLE, AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS ARTICLE. THE APPLICATION FEE FOR SUCH AUTHORIZATION SHALL BE THREE HUNDRED DOLLARS. EACH AUTHORIZATION HOLDER SHALL REGISTER WITH THE DEPARTMENT EVERY THREE YEARS AND SHALL PAY A REGISTRATION FEE OF THREE HUNDRED DOLLARS. S 2. This act shall take effect one year after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01160-05-1