STATE OF NEW YORK
________________________________________________________________________
7304
2019-2020 Regular Sessions
IN ASSEMBLY
April 22, 2019
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to the license require-
ments for the practice of respiratory therapy
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 2 of section 8504 of the education law, as
2 added by chapter 817 of the laws of 1992, is amended to read as follows:
3 2. Education: have received an education, including completion of an
4 approved [associate] bachelor degree program in respiratory therapy or
5 in a program determined by the department to be the equivalent;
6 § 2. Section 8507 of the education law is amended by adding a new
7 closing paragraph to read as follows:
8 Subdivision two of section eighty-five hundred four of this article as
9 amended by the chapter of the laws of two thousand eighteen that added
10 this paragraph shall not apply to any person licensed as a respiratory
11 therapist on the effective date of the chapter of the laws of two thou-
12 sand eighteen that added this paragraph.
13 § 3. Section 8513 of the education law, as added by chapter 817 of the
14 laws of 1992, is amended to read as follows:
15 § 8513. Special provisions. 1. A person shall be licensed without
16 examination provided that, within one year of the effective date of this
17 article, the individual:
18 [1.](a) files an application and pays the appropriate fees to the
19 department; and
20 [2. (a)](b)(1) is certified by a national certifying or accrediting
21 board for respiratory therapy technicians acceptable to the department,
22 or
23 [(b)](2) has practiced as a respiratory therapy technician in a hospi-
24 tal, as defined in article twenty-eight of the public health law, in the
25 state for not less than two years within the last five years, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00208-01-9
A. 7304 2
1 [(c)](3) has met the educational standards of a hospital, as defined
2 in article twenty-eight of the public health law, or, in the case of a
3 hospital operated by a public benefit corporation, has met the educa-
4 tional standards of such corporation, and has practiced as a respiratory
5 therapy technician for at least one year in such hospital.
6 2. The department shall not accept new applications for an initial
7 license as a respiratory therapy technician, provided however that
8 licenses issued prior to that date shall be eligible for renewal subject
9 to the provisions of this section.
10 § 4. This act shall take effect immediately; provided that sections
11 one and two of this act shall take effect on the first of September in
12 the fifth year next succeeding the year in which it shall have become a
13 law and shall only apply to the issuance of initial licenses.