Bill Text: NY S04310 | 2009-2010 | General Assembly | Amended
Bill Title: Provides for the licensure of perfusionists; establishes a state committee for perfusion; allows for the issuance of limited permits; provides for continuing professional education; and provides for licensure by endorsement and exemptions.
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2010-04-06 - PRINT NUMBER 4310A [S04310 Detail]
Download: New_York-2009-S04310-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4310--A
2009-2010 Regular Sessions
I N S E N A T E
April 21, 2009
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Higher Education --
recommitted to the Committee on Higher Education in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, 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. CONTINUING PROFESSIONAL EDUCATION.
18 6636. ENDORSEMENT AND EXEMPTIONS.
19 S 6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM "PERFUSION-
20 IST" MEANS A PERSON WHO IS LICENSED TO PRACTICE PERFUSION PURSUANT TO
21 THIS ARTICLE.
22 2. THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
23 PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT OR DETERMINED
24 BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00518-02-0
S. 4310--A 2
1 3. THE TERM "PERFUSION" MEANS THE FUNCTIONS NECESSARY FOR THE SUPPORT,
2 TREATMENT, MEASUREMENT, OR SUPPLEMENTATION OF THE CARDIOVASCULAR, CIRCU-
3 LATORY OR RESPIRATORY SYSTEM OR OTHER ORGANS, OR A COMBINATION OF THOSE
4 ACTIVITIES, AND THE FUNCTIONS NECESSARY TO ENSURE THE SAFE MANAGEMENT OF
5 PHYSIOLOGIC FUNCTIONS BY MONITORING AND ANALYZING THE PARAMETERS OF THE
6 SYSTEMS UNDER AN ORDER AND UNDER THE SUPERVISION OF A LICENSED PHYSICIAN
7 OR OTHER AUTHORIZED HEALTH CARE PRACTITIONER DURING AND WITHIN THE
8 PERFUSION PROCEDURES, INCLUDING:
9 A. THE USE OF EXTRACORPOREAL CIRCULATION, LONG-TERM CARDIOPULMONARY
10 SUPPORT TECHNIQUES INCLUDING EXTRACORPOREAL CARBON DIOXIDE REMOVAL AND
11 OXYGENATION, EXTRACORPOREAL MEMBRANE OXYGENATION (ECMO), AND ASSOCIATED
12 THERAPEUTIC AND DIAGNOSTIC TECHNOLOGIES;
13 B. COUNTERPULSATION, VENTRICULAR ASSISTANCE, AUTOTRANSFUSION, BLOOD
14 CONSERVATION TECHNIQUES, MYOCARDIAL AND ORGAN PRESERVATION, EXTRACORPO-
15 REAL LIFE SUPPORT, AND ISOLATED LIMB PERFUSION;
16 C. THE USE OF TECHNIQUES INVOLVING BLOOD MANAGEMENT, ADVANCED LIFE
17 SUPPORT, AND OTHER RELATED FUNCTIONS;
18 D. THE ADMINISTRATION OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, BLOOD
19 PRODUCTS OR ANESTHETIC AGENTS THROUGH THE EXTRACORPOREAL CIRCUIT OR
20 THROUGH AN INTRAVENOUS LINE AS ORDERED BY A PHYSICIAN OR OTHER AUTHOR-
21 IZED HEALTH CARE PRACTITIONER;
22 E. THE PERFORMANCE AND USE OF ANTICOAGULATION MONITORING AND ANALYSIS,
23 PHYSIOLOGIC MONITORING AND ANALYSIS, BLOOD GAS AND CHEMISTRY MONITORING
24 AND ANALYSIS, HEMATOLOGIC MONITORING AND ANALYSIS, HYPOTHERMIA, HYPERTH-
25 ERMIA, HEMOCONCENTRATION AND HEMODILUTION, HEMODIALYSIS; AND
26 F. THE OBSERVATION OF SIGNS AND SYMPTOMS RELATED TO PERFUSION
27 SERVICES, THE DETERMINATION OF WHETHER THE SIGNS AND SYMPTOMS EXHIBIT
28 ABNORMAL CHARACTERISTICS, AND THE IMPLEMENTATION OF APPROPRIATE REPORT-
29 ING, PERFUSION PROTOCOLS, OR CHANGES IN OR THE INITIATION OF EMERGENCY
30 PROCEDURES UNDER THE SUPERVISION OF A PHYSICIAN OR AUTHORIZED HEALTH
31 CARE PRACTITIONER, UNLESS THE PATIENT IS IN IMMINENT DANGER AND SUCH
32 CONSULTATION WOULD LEAD TO SERIOUS HEALTH IMPAIRMENT OR DEATH.
33 4. THE TERM "COMMITTEE" MEANS THE STATE COMMITTEE FOR PERFUSION
34 CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-THREE OF THIS ARTICLE.
35 S 6631. LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A "LICENSED PERFU-
36 SIONIST", AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
37 A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
38 B. EDUCATION: HAS SUCCESSFULLY COMPLETED A BACCALAUREATE OR HIGHER
39 DEGREE IN PERFUSION REGISTERED BY THE DEPARTMENT, OR THE SUBSTANTIAL
40 EQUIVALENT AS DETERMINED BY THE DEPARTMENT. AN EQUIVALENT TEST IS NOT
41 ACCEPTABLE AS AN ALTERNATIVE TO AN EDUCATIONAL PROGRAM;
42 C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON EXAMINATION ACCEPTABLE
43 TO THE DEPARTMENT;
44 D. AGE: AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
45 AGE;
46 E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
47 MENT;
48 F. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
49 AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
50 2. UNTIL TWO YEARS FROM THE IMPLEMENTATION OF THIS ARTICLE:
51 (I) APPLICANTS MAY BE LICENSED IF THEY HAVE PRACTICED FOR FIVE YEARS
52 IN THE PAST TEN YEARS WITH NO DISCIPLINARY HISTORY AND HAVE PASSED A
53 NATIONAL CERTIFICATION EXAMINATION ACCEPTABLE TO THE COMMITTEE AND THE
54 DEPARTMENT;
55 (II) APPLICANTS MAY BE LICENSED IF THEY HAVE BEEN EMPLOYED WITH NO
56 DISCIPLINARY HISTORY FOR FIVE YEARS IN THE PAST TEN YEARS IN A CARDIAC
S. 4310--A 3
1 SURGICAL PROGRAM IN THE STATE ACCEPTABLE TO THE COMMITTEE AND THE
2 DEPARTMENT;
3 (III) APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL CERTIF-
4 ICATION ORGANIZATION ACCEPTABLE TO THE COMMITTEE AND THE DEPARTMENT MAY
5 BE LICENSED IF THEY HAVE BEEN EMPLOYED FOR THREE OF THE PAST TEN YEARS
6 WITH NO DISCIPLINARY HISTORY.
7 S 6632. PRACTICE OF PERFUSION AND USE OF TITLE "LICENSED PERFUSION-
8 IST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRAC-
9 TICE PERFUSION OR USE THE TITLE "LICENSED PERFUSIONIST".
10 S 6633. STATE COMMITTEE FOR PERFUSION. 1. A STATE COMMITTEE FOR
11 PERFUSION SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMEN-
12 DATION OF THE COMMISSIONER AS A COMMITTEE OF THE BOARD FOR MEDICINE TO
13 ADVISE SOLELY IN MATTERS RELATING TO PERFUSION AND SHALL ASSIST ON
14 MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH PARA-
15 GRAPH E OF SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED THIRTY-ONE OF
16 THIS ARTICLE. THE LICENSURE REQUIREMENTS FOR PERFUSIONISTS SHALL BE
17 WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH APPOINT-
18 EES SHALL BE LICENSED WITHIN ONE YEAR OF FOLLOWING THE EFFECTIVE DATE OF
19 THIS ARTICLE.
20 2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
21 THE FOLLOWING:
22 A. FOUR LICENSED PERFUSIONISTS;
23 B. TWO LICENSED PHYSICIANS SPECIALIZING IN THORACIC SURGERY; AND
24 C. ONE EDUCATOR WHO HOLDS A DOCTORATE OR EQUIVALENT DEGREE.
25 S 6634. LIMITED PERMITS. 1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
26 REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
27 EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
28 2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
29 PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST.
30 3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
31 ISSUANCE OR TEN DAYS AFTER NOTIFICATION BY THE DEPARTMENT OF THE RESULTS
32 OF THE FIRST EXAMINATION FOR WHICH THE APPLICANT IS ELIGIBLE. A LIMITED
33 PERMIT SHALL BE EXTENDED FOR ONE ADDITIONAL YEAR FOR GOOD CAUSE AS
34 DETERMINED BY THE DEPARTMENT.
35 4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
36 DOLLARS.
37 S 6635. CONTINUING PROFESSIONAL EDUCATION. THE COMMITTEE AND THE
38 DEPARTMENT SHALL ESTABLISH REQUIREMENTS FOR CONTINUING COMPETENCY,
39 INCLUDING CONTINUING EDUCATION IN REGULATION, THAT ARE CONSISTENT WITH
40 APPLICABLE REGULATIONS IN OTHER PROFESSIONS REGULATED UNDER THIS TITLE.
41 S 6636. ENDORSEMENT AND EXEMPTIONS. 1. ENDORSEMENT. PERFUSIONISTS
42 CURRENTLY LICENSED IN ANOTHER STATE MAY BE LICENSED BY ENDORSEMENT,
43 PROVIDING THE REQUIREMENTS FOR LICENSURE IN SUCH OTHER STATE EQUAL OR
44 EXCEED THE REQUIREMENTS FOR LICENSURE PURSUANT TO THIS ARTICLE.
45 2. EXEMPTIONS. LICENSEES IN PROFESSIONS REGULATED UNDER THIS TITLE ARE
46 EXEMPT FROM THE PROVISIONS OF THIS ARTICLE TO THE EXTENT THAT THE ACTIV-
47 ITIES AND SERVICES ALSO FALL WITHIN THE SCOPE OF PRACTICE OF SUCH
48 PROFESSIONS.
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 are authorized and
53 directed to be made and completed on or before such effective date.
