BILL NUMBER: SB 132 ENROLLED
BILL TEXT
PASSED THE SENATE OCTOBER 14, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN ASSEMBLY JULY 6, 2009
AMENDED IN ASSEMBLY JUNE 24, 2009
AMENDED IN SENATE MAY 14, 2009
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, 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 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 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 fees to be
fixed by the board at no more than $100 each, and to renew their
registration biennially for a fee of no more than $150. 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.
The bill would specify that these provisions do not apply to
diagnostic electroencephalograms conducted in accordance with the
guidelines of the American Clinical Neurophysiology Society.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
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 state and federal
responses 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) 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 and has successfully
undergone a state and federal level criminal offender record
information search pursuant to subdivision (c).
(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 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).
(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
one hundred dollars ($100).
(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 one hundred fifty
dollars ($150).
(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. 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.
3579. Nothing in this chapter shall apply to diagnostic
electroencephalograms conducted in accordance with the guidelines of
the American Clinical Neurophysiology Society.
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.