Bill Text: CA SB132 | 2009-2010 | Regular Session | Amended

California Senate Bill 132 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Polysomnographic technologists: sleep and wake disorders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-10-23 - Chaptered by Secretary of State. Chapter 635, Statutes of 2009. [SB132 Detail]

Download: California-2009-SB132-Amended.html

BILL NUMBER: SB 132	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2009

INTRODUCED BY   Senator Denham

                        FEBRUARY 9, 2009

   An act to add Chapter 7.8 (commencing with Section 3575) to
Division 2 of the Business and Professions Code, relating to healing
arts, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 132, as amended, Denham. Polysomnographic technologists: sleep
and wake disorders.
   Existing law, the Physician Assistant Practice Act, provides for
the licensure and regulation of physician assistants by the Physician
Assistant Committee of the Medical Board of California. Existing law
prescribes the medical services that may be performed by a physician
assistant under the supervision of a licensed physician and surgeon.

   Existing law, the Respiratory Care Practice Act, provides for the
licensure and regulation of respiratory professionals by the
Respiratory Care Board of California. Existing law defines the
practice of respiratory therapy and prohibits its practice without a
license issued by the board, subject to certain exceptions.
   This bill would require the Medical Board of California to adopt
regulations within  a   one  year after the
effective date of this act  ,  relative to the
qualifications for certified polysomnographic technologists,
including requiring those technologists to be credentialed by a
board-approved national accrediting agency, to have graduated from a
board-approved educational program, and to have passed a
board-approved national certifying examination, with a specified
exception for that examination requirement for a 3-year period. The
bill would prohibit a person from using the title "certified
polysomnographic technologist" or engaging in the practice of
polysomnography unless he or she undergoes a Department of Justice
background check, as specified, is registered as a certified
polysomnographic technologist, is supervised and directed by a
licensed physician and surgeon, and meets certain other requirements.
The bill would define polysomnography to mean the treatment,
management, diagnostic testing, control, education, and care of
patients with sleep and wake disorders, as specified. The bill would
further require the board, within  a  one 
year after the effective date of this act, to adopt regulations
related to the employment of polysomnographic technicians and
trainees.
   This bill would require polysomnographic technologists to 
apply to and  register with the Medical Board of California for
 a fee   fees  to be fixed by the board at
no more than  $100   $50 each  , and to
renew their registration biennially for a fee of no more than $50.
The bill would require the deposit of those fees in the Contingent
Fund of the Medical Board of California, a continuously appropriated
fund, thereby making an appropriation. The bill would further set
forth specified disciplinary standards and procedures.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 7.8 (commencing with Section 3575) is added to
Division 2 of the Business and Professions Code, to read:
      CHAPTER 7.8.  POLYSOMNOGRAPHIC TECHNOLOGISTS


   3575.  (a) For the purposes of this chapter, the following
definitions shall apply:
   (1) "Board" means the Medical Board of California.
   (2) "Polysomnography" means the treatment, management, diagnostic
testing, control, education, and care of patients with sleep and wake
disorders. Polysomnography shall include, but not be limited to, the
process of analysis, monitoring, and recording of physiologic data
during sleep and wakefulness to assist in the treatment of disorders,
syndromes, and dysfunctions that are sleep-related, manifest during
sleep, or disrupt normal sleep activities. Polysomnography shall also
include, but not be limited to, the therapeutic and diagnostic use
of oxygen, the use of positive airway pressure including continuous
positive airway pressure (CPAP) and bilevel modalities, adaptive
servo-ventilation, and maintenance of nasal and oral airways that do
not extend into the trachea.
   (3) "Supervision" means that the supervising physician and surgeon
shall remain available, either in person or through telephonic or
electronic means, at the time that the polysomnographic services are
provided.
   (b) Within one year after the effective date of this chapter, the
board shall promulgate regulations relative to the qualifications for
the registration of individuals as certified polysomnographic
technologists, polysomnographic technicians, and polysomnographic
trainees. The qualifications for a certified polysomnographic
technologist shall include all of the following:
   (1) He or she shall have valid, current credentials as a
polysomnographic technologist issued by a national accrediting agency
approved by the board.
   (2) He or she shall have graduated from a polysomnographic
educational program that has been approved by the board.
   (3) He or she shall have passed a national certifying examination
that has been approved by the board, or in the alternative, may
submit proof to the board that he or she has been practicing
polysomnography for at least five years in a manner that is
acceptable to the board. However, beginning three years after the
effective date of this chapter, all individuals seeking to obtain
certification as a polysomnographic technologist shall have passed a
national certifying examination that has been approved by the board.
   (c) In accordance with Section 144, any person seeking
registration from the board as a certified polysomnographic
technologist, a polysomnographic technician, or a polysomnographic
trainee shall be subject to a state and federal level criminal
offender record information search conducted through the Department
of Justice as specified in paragraphs (1) to (5), inclusive, of this
subdivision.
   (1) The board shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice of all polysomnographic technologist, technician, or
trainee certification candidates for the purposes of obtaining
information as to the existence and content of a record of state or
federal convictions and state or federal arrests and also information
as to the existence and content of a record of state or federal
arrests for which the Department of Justice establishes that the
person is free on bail or on his or her recognizance pending trial or
appeal.
   (2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the board.
   (3) The Department of Justice shall provide a response to the
board pursuant to paragraph (1) of subdivision (p) of Section 11105
of the Penal Code.
   (4) The board shall request from the Department of Justice
subsequent arrest notification service, pursuant to Section 11105.2
of the Penal Code, for persons described in this subdivision.
   (5) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this
subdivision. The individual seeking registration shall be responsible
for this cost.
   (d) Notwithstanding any other provision of law, an individual may
use the title "certified polysomnographic technologist" and may
engage in the practice of polysomnography only under the following
circumstances:
   (1) He or she is registered with the board.
   (2) He or she works under the supervision and direction of a
licensed physician and surgeon.
   (3) He or she meets the requirements of this chapter.
   (e) Within one year after the effective date of this chapter, the
board shall adopt regulations that establish the means and
circumstances in which a licensed physician and surgeon may employ
polysomnographic technicians and polysomnographic trainees. The board
may also adopt regulations specifying the scope of services that may
be provided by a polysomnographic technician or polysomnographic
trainee. Any regulation adopted pursuant to this section may specify
the level of supervision that polysomnographic technicians and
trainees are required to have when working under the supervision of a
certified polysomnographic technologist or licensed health care
professional.
   (f) This section shall not apply to California licensed allied
health professionals, including, but not limited to, respiratory care
practitioners, working within the scope of practice of their
license.
   (g) Nothing in this chapter shall be interpreted to authorize a
polysomnographic technologist, technician, or trainee to treat,
manage, control, educate, or care for patients other than those with
sleep disorders or to provide diagnostic testing for patients other
than those with suspected sleep disorders.
   3576.  (a) A registration under this chapter may be denied,
suspended, revoked, or otherwise subjected to discipline for any of
the following by the holder:
   (1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant.
   (2) An act of dishonesty or fraud.
   (3) Committing any act or being convicted of a crime constituting
grounds for denial of licensure or registration under Section 480.
   (4) Violating or attempting to violate any provision of this
chapter or any regulation adopted under this chapter.
   (b) Proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all powers granted therein.
   3577.  (a) Each person  to whom registration is granted
under this chapter   who applies for registration under
this chapter  shall pay into the Contingent Fund of the Medical
Board of California a fee to be fixed by the board at a sum not in
excess of  one hundred dollars ($100).   fifty
dollars ($50).  
   (b) Each person to whom registration is granted under this chapter
shall pay into the Contingent Fund of the Medical Board of
California a fee to be fixed by the board at a sum not in excess of
fifty dollars ($50).  
   (b) 
   (c)  The registration shall expire after two years. The
registration may be renewed biennially at a fee which shall be paid
into the Contingent Fund of the Medical Board of California to be
fixed by the board at a sum not in excess of fifty dollars ($50).

   (c) 
    (d)  The money in the Contingent Fund of the Medical
Board of California that is collected pursuant to this section shall
be used for the administration of this chapter.
   3578.  Notwithstanding any other provision of law, nothing in this
chapter shall prohibit a clinic or health facility licensed pursuant
to Division 2 (commencing with Section 1200) of the Health and
Safety Code from employing a certified polysomnographic technologist.

  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the health and safety of the general public by
providing needed qualifications for, and oversight of, the practice
of polysomnography at the earliest possible time, it is necessary
that this act take effect immediately.