Bill Text: NY A04153 | 2011-2012 | General Assembly | Amended

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

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 24-4)

Status: (Introduced - Dead) 2012-06-20 - substituted by s4640c [A04153 Detail]

Download: New_York-2011-A04153-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4153--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced   by   M.  of  A.  MAGNARELLI,  CYMBROWITZ,  HOOPER,  MARKEY,
         P. RIVERA, PERRY, ZEBROWSKI, JAFFEE -- Multi-Sponsored by -- M. of  A.
         ABBATE,  ABINANTI,  COLTON,  CONTE,  COOK,  GABRYSZAK, GALEF, GUNTHER,
         LAVINE, LUPARDO, MAISEL, J. MILLER, MILLMAN, MONTESANO,  ORTIZ,  RAIA,
         REILLY,  ROBINSON, WEISENBERG, WRIGHT -- read once and referred to the
         Committee on Higher Education -- recommitted to the Committee on High-
         er Education in accordance with Assembly Rule 3, sec. 2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  -- again reported from said committee with amend-
         ments, ordered reprinted as amended and recommitted to said committee
       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:
    1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
    2  declares  that  the public interest requires the regulation of the prac-
    3  tice of perfusion and the establishment of clear licensure standards for
    4  perfusionists; and that the health and welfare of the residents  of  the
    5  state  will  be protected by identifying to the public those individuals
    6  who are qualified and legally authorized to practice perfusion.
    7    S 2. The education law is amended by adding a new article 134 to  read
    8  as follows:
    9                                  ARTICLE 134
   10                           LICENSED PERFUSIONISTS
   11  SECTION 6630. DEFINITIONS.
   12          6631. LICENSURE.
   13          6632. PRACTICE  OF  PERFUSION  AND USE OF TITLE "LICENSED PERFU-
   14                  SIONIST".
   15          6633. STATE COMMITTEE FOR PERFUSION.
   16          6634. LIMITED PERMITS.
   17          6635. ENDORSEMENT AND EXEMPTIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03264-04-2
       A. 4153--B                          2
    1          6636. EXEMPT PERSONS.
    2    S  6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM "PERFUSION-
    3  IST" MEANS A PERSON WHO IS LICENSED TO PRACTICE  PERFUSION  PURSUANT  TO
    4  THIS ARTICLE.
    5    2.  THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
    6  PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT  OR DETERMINED
    7  BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.
    8    3. THE TERM "PERFUSION"  MEANS  THE  PROVISION  OF  EXTRACORPOREAL  OR
    9  INTRACORPOREAL  PATIENT CARE SERVICES TO SUPPORT OR REPLACE THE CIRCULA-
   10  TORY OR RESPIRATORY FUNCTION OF A PATIENT, INCLUDING THE  ADMINISTRATION
   11  OF  PHARMACOLOGICAL  AND THERAPEUTIC AGENTS, ANESTHETIC AGENTS AND BLOOD
   12  PRODUCTS, AND THE MANAGEMENT, TREATMENT AND MONITORING OF THE PHYSIOLOG-
   13  ICAL STATUS OF A PATIENT DURING THE OPERATION OF  EXTRACORPOREAL  CIRCU-
   14  LATION  EQUIPMENT  OR  INTRACORPOREAL EQUIPMENT THAT REPLACES OR SUPPORT
   15  CIRCULATORY  OR  RESPIRATORY  FUNCTIONS.    NOTWITHSTANDING  ANY   OTHER
   16  PROVISION  OF  LAW, THE PERFORMANCE AND USE, AND ANALYSIS OF THE RESULTS
   17  OF POINT OF CARE TEST AND INSTRUMENTS USED TO MONITOR COAGULATION, BLOOD
   18  GAS, BLOOD CHEMISTRY, HEMOGLOBIN AND HEMATOCRIT  WHILE  ENGAGED  IN  THE
   19  PRACTICE  OF  PERFUSION  ARE  ALLOWED.  ALL  PERFUSION SERVICES SHALL BE
   20  PERFORMED PURSUANT TO THE ORDER AND UNDER THE DIRECT  SUPERVISION  OF  A
   21  PHYSICIAN.
   22    4.  THE  TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE FOR PERFUSION
   23  CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-THREE OF THIS ARTICLE.
   24    S 6631. LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A  "LICENSED  PERFU-
   25  SIONIST", AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   26    A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   27    B.  EDUCATION:  HAS  SUCCESSFULLY  COMPLETED A BACCALAUREATE OR HIGHER
   28  DEGREE IN PERFUSION REGISTERED BY THE  DEPARTMENT,  OR  THE  SUBSTANTIAL
   29  EQUIVALENT  AS  DETERMINED  BY THE DEPARTMENT. AN EQUIVALENT TEST IS NOT
   30  ACCEPTABLE AS AN ALTERNATIVE TO AN EDUCATIONAL PROGRAM;
   31    C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON EXAMINATION ACCEPTABLE
   32  TO THE DEPARTMENT;
   33    D. AGE: AT THE TIME OF APPLICATION IS AT  LEAST  TWENTY-ONE  YEARS  OF
   34  AGE;
   35    E.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   36  MENT;
   37    F. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL  LICENSE
   38  AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
   39    2. UNTIL TWO YEARS FROM THE IMPLEMENTATION OF THIS ARTICLE:
   40    A. APPLICANTS MAY BE LICENSED IF THEY HAVE PRACTICED FOR FIVE YEARS IN
   41  THE  PAST  TEN  YEARS, AT LEAST TWO OF SUCH YEARS HAVING OCCURRED DURING
   42  THE PAST FIVE YEARS WITH NO  DISCIPLINARY  HISTORY  AND  HAVE  PASSED  A
   43  NATIONAL  CERTIFICATION  EXAMINATION ACCEPTABLE TO THE COMMITTEE AND THE
   44  DEPARTMENT;
   45    B. APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN PRACTICING AS A PERFU-
   46  SIONIST WITH NO DISCIPLINARY HISTORY FOR FIVE  YEARS  IN  THE  PAST  TEN
   47  YEARS IN A CARDIAC SURGICAL PROGRAM APPROVED BY THE DEPARTMENT OF HEALTH
   48  ACCEPTABLE  TO  THE  COMMITTEE  AND  THE DEPARTMENT AT LEAST TWO OF SUCH
   49  YEARS OF EXPERIENCE HAVING OCCURRED DURING THE PAST FIVE YEARS;
   50    C. APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL  CERTIFICATION
   51  ORGANIZATION  ACCEPTABLE  TO  THE  COMMITTEE  AND  THE DEPARTMENT MAY BE
   52  LICENSED IF THEY HAVE BEEN EMPLOYED FOR THREE OF THE PAST TEN YEARS WITH
   53  NO DISCIPLINARY HISTORY.
   54    S 6632. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFUSION-
   55  IST".    ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRAC-
   56  TICE PERFUSION OR USE THE TITLE "LICENSED PERFUSIONIST".
       A. 4153--B                          3
    1    S 6633.  STATE COMMITTEE FOR PERFUSION.   1.  A  STATE  COMMITTEE  FOR
    2  PERFUSION  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMEN-
    3  DATION OF THE COMMISSIONER AS A COMMITTEE OF THE BOARD FOR  MEDICINE  TO
    4  ADVISE  SOLELY  IN  MATTERS  RELATING  TO  PERFUSION AND SHALL ASSIST ON
    5  MATTERS  OF  LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH PARA-
    6  GRAPH E OF SUBDIVISION ONE OF SECTION SIXTY-SIX  HUNDRED  THIRTY-ONE  OF
    7  THIS  ARTICLE.    THE  LICENSURE REQUIREMENTS FOR PERFUSIONISTS SHALL BE
    8  WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH APPOINT-
    9  EES SHALL BE LICENSED WITHIN ONE YEAR OF FOLLOWING THE EFFECTIVE DATE OF
   10  THIS ARTICLE.
   11    2. THE COMMITTEE SHALL CONSIST OF EIGHT INDIVIDUALS, TO BE COMPOSED OF
   12  THE FOLLOWING:
   13    A. FOUR LICENSED PERFUSIONISTS;
   14    B. TWO LICENSED PHYSICIANS WITH KNOWLEDGE AND INTEREST IN THE PRACTICE
   15  OF PERFUSION; AND
   16    C.  TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
   17    S 6634. LIMITED PERMITS.  1. ELIGIBILITY. A PERSON  WHO  FULFILLS  ALL
   18  REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
   19  EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
   20    2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
   21  PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST.
   22    3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
   23  ISSUANCE OR TEN DAYS AFTER NOTIFICATION BY THE DEPARTMENT OF THE RESULTS
   24  OF THE FIRST EXAMINATION FOR WHICH THE APPLICANT IS ELIGIBLE.  A LIMITED
   25  PERMIT SHALL BE EXTENDED FOR ONE  ADDITIONAL  YEAR  FOR  GOOD  CAUSE  AS
   26  DETERMINED BY THE DEPARTMENT.
   27    4.  FEES.  THE  FEE  FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
   28  DOLLARS.
   29    S 6635.  ENDORSEMENT AND EXEMPTIONS. ON RECEIPT OF AN APPLICATION  AND
   30  FEE  PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-FOUR OF THIS ARTICLE, THE
   31  DEPARTMENT MAY ISSUE  A  LICENSE  TO  PRACTICE  PERFUSION  TO  A  PERSON
   32  CURRENTLY  LICENSED IN ANOTHER STATE, TERRITORY OR JURISDICTION THAT HAS
   33  REQUIREMENTS FOR LICENSURE OF PERFUSION WHICH THE DEPARTMENT  DETERMINES
   34  TO BE SUBSTANTIALLY THE SAME AS THE REQUIREMENTS OF THIS ARTICLE.
   35    S 6636. EXEMPT PERSONS. THIS ARTICLE SHALL NOT PROHIBIT:
   36    1.  A  STUDENT OF PERFUSION FROM ENGAGING IN THE PRACTICE OF PERFUSION
   37  UNDER THIS SUBDIVISION OF A LICENSED PERFUSIONIST OR A  LICENSED  PHYSI-
   38  CIAN  AS  AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN
   39  AN APPROVED PERFUSION PROGRAM; OR
   40    2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
   41  THE DEFINITION OF PERFUSION BY ANY OTHER  DULY  LICENSED,  CERTIFIED  OR
   42  REGISTERED  HEALTH  CARE PROVIDER, PROVIDED THAT SUCH TASKS OR RESPONSI-
   43  BILITIES ARE WITHIN THE SCOPE OF HIS OR HER PRACTICE; OR
   44    3. THE PRACTICE OF PERFUSION BY ANY LEGALLY QUALIFIED PERFUSIONIST  OF
   45  ANY  OTHER  STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE
   46  PUBLIC HEALTH SERVICE OF THE UNITED STATES OR WHO  IS  EMPLOYED  BY  THE
   47  VETERANS  ADMINISTRATION, WHILE ENGAGED IN THE PERFORMANCE OF HIS OR HER
   48  DUTIES.
   49    S 3. This act shall take effect three years after it shall have become
   50  a law; provided, however,  that  effective  immediately,  the  addition,
   51  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   52  implementation of this act on  its  effective  date  is  authorized  and
   53  directed to be made and completed on or before such effective date.