Provides for the licensure of perfusionists; allows for the issuance of limited permits for a fee of fifty dollars; provides that such permits are subject to the full disciplinary and regulatory authority of the board of regents and the education department.

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S4640-2011 Actions

• Oct 3, 2012: SIGNED CHAP.479
• Sep 21, 2012: DELIVERED TO GOVERNOR
• Jun 20, 2012: returned to senate
• Jun 20, 2012: passed assembly
• Jun 20, 2012: ordered to third reading rules cal.468
• Jun 20, 2012: substituted for a4153c
• Jun 18, 2012: referred to codes
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 12, 2012: AMENDED ON THIRD READING (T) 4640C
• Jun 11, 2012: AMENDED ON THIRD READING 4640B
• May 30, 2012: ADVANCED TO THIRD READING
• May 30, 2012: AMENDED 4640A
• May 23, 2012: 2ND REPORT CAL.
• May 22, 2012: 1ST REPORT CAL.887
• May 8, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 21, 2011: referred to higher education
• Jun 21, 2011: DELIVERED TO ASSEMBLY
• Jun 21, 2011: PASSED SENATE
• Jun 21, 2011: ORDERED TO THIRD READING CAL.1468
• Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Apr 14, 2011: REFERRED TO HIGHER EDUCATION

S4640-2011 Meetings

Finance: May 22, 2012, Higher Education: May 8, 2012, Rules: Jun 24, 2011

S4640-2011 Calendars

Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: Jun 21, 2011

S4640-2011 Votes

S4640-2011 Memo

BILL NUMBER:S4640

TITLE OF BILL:

An act
to amend the education law, in relation to licensure of perfusionists

PURPOSE:

To provide a requirement and procedure for New York State licensure of
perfusionists, who operate the equipment that supports the heart and
lungs during certain medical procedures.

SUMMARY OF PROVISIONS:

The bill would amend the education law by adding a new article 134
containing Sections 6630 through 6636.

Section 6630 provides definitions relevant to the practice of perfusion.

Section 6631 establishes procedures and qualifications for licensure.

Section 6632 provides that only a person licensed or exempt under this
article shall practice perfusion or use the title of "licensed
perfusionist."

Section 6633 establishes a state committee for perfusion, to be
appointed by the board of regents on the recommendation of the
commissioner as a committee of the board for medicine to advise
solely in matters relating to perfusion.

Section 6634 provides for limited permits.

Section 6635 provides requirements for continuing professional
education.

Section 6636 provides for endorsement and exemptions.

JUSTIFICATION:
The New York State Society of Perfusionists requested the introduction
of this bill because perfusion is a highly technical and skilled
profession. Perfusionists operate specialized medical equipment to
support the heart and lungs during certain medical
procedures. Present law does not require licensure, and certification
by a national board is only voluntary, so it is therefore possible
for a person to operate this equipment without formal training. At
the present time, there are approximately 203 perfusionists in New
York State and about 25 percent are not nationally credentialed. This
bill would provide for licensure in New York State while also
creating a transitional period so that medical facilities do not face
a sudden shortage of perfusionists after licensure is enacted, as
well�as for reciprocity with certain other states.

LEGISLATIVE HISTORY:


2009-2010: S.4310-A/A.353-A
2007-2008: S.37/A.282
2005-2006: A.10822

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect three years after it shall have become a
law; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

S4640-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4640

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 14, 2011
                                 ___________

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

  AN ACT to amend the education law, in relation to  licensure  of  perfu-
    sionists

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Legislative findings.  The  legislature  hereby  finds  and
  declares  that  the public interest requires the regulation of the prac-
  tice of perfusion and the establishment of clear licensure standards for
  perfusionists; and that the health and welfare of the residents  of  the
  state  will  be protected by identifying to the public those individuals
  who are qualified and legally authorized to practice perfusion.
    S 2. The education law is amended by adding a new article 134 to  read
  as follows:

                                  ARTICLE 134
                           LICENSED PERFUSIONISTS
  SECTION 6630. DEFINITIONS.
          6631. LICENSURE.
          6632. PRACTICE  OF  PERFUSION  AND USE OF TITLE "LICENSED PERFU-
                  SIONIST".
          6633. STATE COMMITTEE FOR PERFUSION.
          6634. LIMITED PERMITS.
          6635. CONTINUING PROFESSIONAL EDUCATION.
          6636. ENDORSEMENT AND EXEMPTIONS.
    S 6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM  "PERFUSION-
  IST"  MEANS  A  PERSON WHO IS LICENSED TO PRACTICE PERFUSION PURSUANT TO
  THIS ARTICLE.
    2. THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION  OF
  PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT  OR DETERMINED
  BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03264-01-1

 S. 4640                             2

    3. THE TERM "PERFUSION" MEANS THE FUNCTIONS NECESSARY FOR THE SUPPORT,
  TREATMENT, MEASUREMENT, OR SUPPLEMENTATION OF THE CARDIOVASCULAR, CIRCU-
  LATORY  OR RESPIRATORY SYSTEM OR OTHER ORGANS, OR A COMBINATION OF THOSE
  ACTIVITIES, AND THE FUNCTIONS NECESSARY TO ENSURE THE SAFE MANAGEMENT OF
  PHYSIOLOGIC  FUNCTIONS BY MONITORING AND ANALYZING THE PARAMETERS OF THE
  SYSTEMS UNDER AN ORDER AND UNDER THE SUPERVISION OF A LICENSED PHYSICIAN
  OR OTHER AUTHORIZED HEALTH  CARE  PRACTITIONER  DURING  AND  WITHIN  THE
  PERFUSION PROCEDURES, INCLUDING:

    A.  THE  USE  OF EXTRACORPOREAL CIRCULATION, LONG-TERM CARDIOPULMONARY
  SUPPORT TECHNIQUES INCLUDING EXTRACORPOREAL CARBON DIOXIDE  REMOVAL  AND
  OXYGENATION,  EXTRACORPOREAL MEMBRANE OXYGENATION (ECMO), AND ASSOCIATED
  THERAPEUTIC AND DIAGNOSTIC TECHNOLOGIES;
    B. COUNTERPULSATION, VENTRICULAR  ASSISTANCE,  AUTOTRANSFUSION,  BLOOD
  CONSERVATION  TECHNIQUES, MYOCARDIAL AND ORGAN PRESERVATION, EXTRACORPO-
  REAL LIFE SUPPORT, AND ISOLATED LIMB PERFUSION;
    C. THE USE OF TECHNIQUES INVOLVING  BLOOD  MANAGEMENT,  ADVANCED  LIFE
  SUPPORT, AND OTHER RELATED FUNCTIONS;
    D. THE ADMINISTRATION OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, BLOOD
  PRODUCTS  OR  ANESTHETIC  AGENTS  THROUGH  THE EXTRACORPOREAL CIRCUIT OR
  THROUGH AN INTRAVENOUS LINE AS ORDERED BY A PHYSICIAN OR  OTHER  AUTHOR-
  IZED HEALTH CARE PRACTITIONER;
    E. THE PERFORMANCE AND USE OF ANTICOAGULATION MONITORING AND ANALYSIS,
  PHYSIOLOGIC  MONITORING AND ANALYSIS, BLOOD GAS AND CHEMISTRY MONITORING
  AND ANALYSIS, HEMATOLOGIC MONITORING AND ANALYSIS, HYPOTHERMIA, HYPERTH-
  ERMIA, HEMOCONCENTRATION AND HEMODILUTION, HEMODIALYSIS; AND
    F.  THE  OBSERVATION  OF  SIGNS  AND  SYMPTOMS  RELATED  TO  PERFUSION
  SERVICES,  THE  DETERMINATION  OF WHETHER THE SIGNS AND SYMPTOMS EXHIBIT
  ABNORMAL CHARACTERISTICS, AND THE IMPLEMENTATION OF APPROPRIATE  REPORT-
  ING,  PERFUSION  PROTOCOLS, OR CHANGES IN OR THE INITIATION OF EMERGENCY
  PROCEDURES UNDER THE SUPERVISION OF A  PHYSICIAN  OR  AUTHORIZED  HEALTH
  CARE  PRACTITIONER,  UNLESS  THE  PATIENT IS IN IMMINENT DANGER AND SUCH
  CONSULTATION WOULD LEAD TO SERIOUS HEALTH IMPAIRMENT OR DEATH.
    4. THE TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE  FOR  PERFUSION
  CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-THREE OF THIS ARTICLE.
    S  6631.  LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A "LICENSED PERFU-
  SIONIST", AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:

    A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
    B. EDUCATION: HAS SUCCESSFULLY COMPLETED  A  BACCALAUREATE  OR  HIGHER
  DEGREE  IN  PERFUSION  REGISTERED  BY THE DEPARTMENT, OR THE SUBSTANTIAL
  EQUIVALENT AS DETERMINED BY THE DEPARTMENT. AN EQUIVALENT  TEST  IS  NOT
  ACCEPTABLE AS AN ALTERNATIVE TO AN EDUCATIONAL PROGRAM;
    C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON EXAMINATION ACCEPTABLE
  TO THE DEPARTMENT;
    D.  AGE:  AT  THE  TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
  AGE;
    E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
  MENT;
    F.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
  AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
    2.  UNTIL TWO YEARS FROM THE IMPLEMENTATION OF THIS ARTICLE:

    (I) APPLICANTS MAY BE LICENSED IF THEY HAVE PRACTICED FOR  FIVE  YEARS
  IN  THE  PAST  TEN  YEARS WITH NO DISCIPLINARY HISTORY AND HAVE PASSED A
  NATIONAL CERTIFICATION EXAMINATION ACCEPTABLE TO THE COMMITTEE  AND  THE
  DEPARTMENT;
    (II)  APPLICANTS  MAY  BE  LICENSED IF THEY HAVE BEEN EMPLOYED WITH NO
  DISCIPLINARY HISTORY FOR FIVE YEARS IN THE PAST TEN YEARS IN  A  CARDIAC

 S. 4640                             3

  SURGICAL  PROGRAM  IN  THE  STATE  ACCEPTABLE  TO  THE COMMITTEE AND THE
  DEPARTMENT;
    (III)  APPLICANTS  WHO  POSSESS  CERTIFICATION FROM A NATIONAL CERTIF-
  ICATION ORGANIZATION ACCEPTABLE TO THE COMMITTEE AND THE DEPARTMENT  MAY
  BE  LICENSED  IF THEY HAVE BEEN EMPLOYED FOR THREE OF THE PAST TEN YEARS
  WITH NO DISCIPLINARY HISTORY.
    S 6632. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFUSION-
  IST".    ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRAC-
  TICE PERFUSION OR USE THE TITLE "LICENSED PERFUSIONIST".
    S 6633.  STATE COMMITTEE FOR PERFUSION.   1.  A  STATE  COMMITTEE  FOR
  PERFUSION  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMEN-
  DATION OF THE COMMISSIONER AS A COMMITTEE OF THE BOARD FOR  MEDICINE  TO
  ADVISE  SOLELY  IN  MATTERS  RELATING  TO  PERFUSION AND SHALL ASSIST ON
  MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE  WITH  PARA-
  GRAPH  E  OF  SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED THIRTY-ONE OF
  THIS ARTICLE.   THE LICENSURE REQUIREMENTS FOR  PERFUSIONISTS  SHALL  BE
  WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH APPOINT-
  EES SHALL BE LICENSED WITHIN ONE YEAR OF FOLLOWING THE EFFECTIVE DATE OF
  THIS ARTICLE.
    2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
  THE FOLLOWING:

    A. FOUR LICENSED PERFUSIONISTS;
    B. TWO LICENSED PHYSICIANS SPECIALIZING IN THORACIC SURGERY; AND
    C. ONE EDUCATOR WHO HOLDS A DOCTORATE OR EQUIVALENT DEGREE.
    S  6634.  LIMITED PERMITS.   1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
  REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
  EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
    2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
  PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST.
    3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
  ISSUANCE OR TEN DAYS AFTER NOTIFICATION BY THE DEPARTMENT OF THE RESULTS
  OF THE FIRST EXAMINATION FOR WHICH THE APPLICANT IS ELIGIBLE.  A LIMITED
  PERMIT  SHALL  BE  EXTENDED  FOR  ONE  ADDITIONAL YEAR FOR GOOD CAUSE AS
  DETERMINED BY THE DEPARTMENT.
    4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL  BE  ONE  HUNDRED  FIVE
  DOLLARS.
    S  6635.  CONTINUING  PROFESSIONAL  EDUCATION.   THE COMMITTEE AND THE
  DEPARTMENT  SHALL  ESTABLISH  REQUIREMENTS  FOR  CONTINUING  COMPETENCY,
  INCLUDING  CONTINUING  EDUCATION IN REGULATION, THAT ARE CONSISTENT WITH
  APPLICABLE REGULATIONS IN OTHER PROFESSIONS REGULATED UNDER THIS TITLE.
    S 6636.   ENDORSEMENT AND EXEMPTIONS.  1.  ENDORSEMENT.  PERFUSIONISTS
  CURRENTLY  LICENSED  IN  ANOTHER  STATE  MAY BE LICENSED BY ENDORSEMENT,
  PROVIDING THE REQUIREMENTS FOR LICENSURE IN SUCH OTHER  STATE  EQUAL  OR
  EXCEED THE REQUIREMENTS FOR LICENSURE PURSUANT TO THIS ARTICLE.
    2. EXEMPTIONS. LICENSEES IN PROFESSIONS REGULATED UNDER THIS TITLE ARE
  EXEMPT FROM THE PROVISIONS OF THIS ARTICLE TO THE EXTENT THAT THE ACTIV-
  ITIES  AND  SERVICES  ALSO  FALL  WITHIN  THE  SCOPE OF PRACTICE OF SUCH
  PROFESSIONS.
    S 3. This act shall take effect three years after it shall have become
  a law; provided, however,  that  effective  immediately,  the  addition,
  amendment  and/or  repeal  of  any  rule or regulation necessary for the
  implementation of this act on its  effective  date  are  authorized  and
  directed to be made and completed on or before such effective date.