S T A T E O F N E W Y O R K
________________________________________________________________________
353
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. MAGNARELLI, CHRISTENSEN, CYMBROWITZ, DelMONTE,
ESPAILLAT, FIELDS, HOOPER, MARKEY, KOON, WALKER -- Multi-Sponsored by
-- M. of A. ABBATE, BING, COLTON, CONTE, COOK, DESTITO, GABRYSZAK,
GALEF, GUNTHER, JOHN, LAVINE, MAISEL, McDONOUGH, MILLMAN, NOLAN,
ORTIZ, ROBINSON, TOWNS, WEISENBERG, WRIGHT -- read once and referred
to the Committee on Higher Education
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:
Section 1. Legislative findings. The legislature hereby finds and
declares that the public interest requires the regulation of the prac-
tice of perfusion and the establishment of clear licensure standards for
perfusionists; and that the health and welfare of the residents of the
state will be protected by identifying to the public those individuals
who are qualified and legally authorized to practice perfusion.
S 2. The education law is amended by adding a new article 134 to read
as follows:
ARTICLE 134
LICENSED PERFUSIONISTS
SECTION 6630. DEFINITIONS.
6631. LICENSURE.
6632. PRACTICE OF PERFUSION AND USE OF TITLE "PERFUSIONIST".
6633. STATE COMMITTEE FOR PERFUSION.
6634. LIMITED PERMITS.
6635. CONTINUING PROFESSIONAL EDUCATION.
6636. RECIPROCITY.
S 6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM "PERFUSION-
IST" MEANS A PERSON WHO IS LICENSED TO PRACTICE PERFUSION PURSUANT TO
THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00518-01-9
A. 353 2
2. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OR
CONTINUING PROFESSIONAL EDUCATION OF PERFUSIONISTS WHICH HAS BEEN
APPROVED BY THE DEPARTMENT.
3. THE TERM "PERFUSION" MEANS THE FUNCTIONS NECESSARY FOR THE SUPPORT,
TREATMENT, MEASUREMENT, OR SUPPLEMENTATION OF THE CARDIOVASCULAR, CIRCU-
LATORY OR RESPIRATORY SYSTEM OR OTHER ORGANS, OR A COMBINATION OF THOSE
ACTIVITIES, AND THE FUNCTIONS NECESSARY TO ENSURE THE SAFE MANAGEMENT OF
PHYSIOLOGIC FUNCTIONS BY MONITORING AND ANALYZING THE PARAMETERS OF THE
SYSTEMS UNDER AN ORDER AND UNDER THE SUPERVISION OF A LICENSED PHYSICIAN
OR OTHER AUTHORIZED HEALTH CARE PRACTITIONER, INCLUDING:
A. THE USE OF EXTRACORPOREAL CIRCULATION, LONG-TERM CARDIOPULMONARY
SUPPORT TECHNIQUES INCLUDING EXTRACORPOREAL CARBON DIOXIDE REMOVAL AND
OXYGENATION, EXTRACORPOREAL MEMBRANE OXYGENATION (ECMO), AND ASSOCIATED
THERAPEUTIC AND DIAGNOSTIC TECHNOLOGIES;
B. COUNTERPULSATION, VENTRICULAR ASSISTANCE, AUTOTRANSFUSION, BLOOD
CONSERVATION TECHNIQUES, MYOCARDIAL AND ORGAN PRESERVATION, EXTRACORPO-
REAL LIFE SUPPORT, AND ISOLATED LIMB PERFUSION;
C. THE USE OF TECHNIQUES INVOLVING BLOOD MANAGEMENT, ADVANCED LIFE
SUPPORT, AND OTHER RELATED FUNCTIONS;
D. THE ADMINISTRATION OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, BLOOD
PRODUCTS OR ANESTHETIC AGENTS THROUGH THE EXTRACORPOREAL CIRCUIT OR
THROUGH AN INTRAVENOUS LINE AS ORDERED BY A PHYSICIAN;
E. THE PERFORMANCE AND USE OF ANTICOAGULATION MONITORING AND ANALYSIS,
PHYSIOLOGIC MONITORING AND ANALYSIS, BLOOD GAS AND CHEMISTRY MONITORING
AND ANALYSIS, HEMATOLOGIC MONITORING AND ANALYSIS, HYPOTHERMIA, HYPERTH-
ERMIA, HEMOCONCENTRATION AND HEMODILUTION, HEMODIALYSIS; AND
F. THE OBSERVATION OF SIGNS AND SYMPTOMS RELATED TO PERFUSION
SERVICES, THE DETERMINATION OF WHETHER THE SIGNS AND SYMPTOMS EXHIBIT
ABNORMAL CHARACTERISTICS, AND THE IMPLEMENTATION OF APPROPRIATE REPORT-
ING, PERFUSION PROTOCOLS, OR CHANGES IN OR THE INITIATION OF EMERGENCY
PROCEDURES.
S 6631. LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A "PERFUSIONIST", AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
B. EDUCATION: HAS SUCCESSFULLY COMPLETED A COURSE OF STUDY APPROVED BY
THE BOARD OF REGENTS OR HAS PASSED AN EQUIVALENCY TEST. THE COMMISSIONER
IS EMPOWERED TO DETERMINE WHETHER AN APPLICANT POSSESSES EQUIVALENT
EDUCATION AND TRAINING IN LIEU OF ALL OR PART OF AN APPROVED PROGRAM;
AND
C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON EXAMINATION ACCEPTABLE
TO THE DEPARTMENT OR IS ELIGIBLE FOR A WAIVER PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION;
D. AGE: AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
AGE;
E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
F. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
2. THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR LICENSURE
PURSUANT TO THIS ARTICLE AN APPLICATION FORM CALLING FOR SUCH INFORMA-
TION AS THE DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT
WHO SATISFIES THE REQUIREMENTS OF SUBDIVISION ONE OR FOUR OF THIS
SECTION A CERTIFICATE OF LICENSURE AS A PERFUSIONIST FOR THE PERIOD
EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUMBERED YEAR TERMINAT-
ING SUBSEQUENT TO SUCH LICENSURE. LICENSURE SHALL BE RENEWED ON A
TRIENNIAL BASIS.
A. 353 3
3. EVERY LICENSEE SHALL APPLY TO THE DEPARTMENT FOR A RENEWAL CERTIF-
ICATE OF LICENSURE. THE DEPARTMENT SHALL MAIL TO EVERY LICENSED PERFU-
SIONIST AN APPLICATION FORM FOR SUCH RENEWAL CERTIFICATE OF LICENSURE,
ADDRESSED TO THE LICENSEE'S POST OFFICE ADDRESS ON FILE WITH THE DEPART-
MENT. UPON RECEIPT OF SUCH APPLICATION PROPERLY EXECUTED, TOGETHER WITH
EVIDENCE OF SATISFACTORY COMPLETION OF SUCH CONTINUING EDUCATION
REQUIREMENTS AS MAY BE ESTABLISHED BY THE COMMITTEE PURSUANT TO SECTION
SIXTY-SIX HUNDRED THIRTY-THREE OF THIS ARTICLE, THE DEPARTMENT SHALL
ISSUE A RENEWAL CERTIFICATE OF LICENSURE. LICENSURE SHALL BE RENEWED ON
A TRIENNIAL BASIS.
4. APPLICANTS FOR LICENSURE MAY WAIVE THE EXAMINATION REQUIREMENT
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, BUT NOT THE APPLICATION
FEE, IF, WITHIN FIVE YEARS PRIOR TO APPLICATION, SUCH APPLICANT HAS
PASSED THE AMERICAN BOARD OF CARDIOVASCULAR PERFUSION (ABCP) EXAMINATION
(PART I AND II) AND/OR IS A CLINICAL PERFUSIONIST CERTIFIED BY ABCP, OR
IF SUCH APPLICANT HAS BEEN GAINFULLY EMPLOYED AS A PERFUSIONIST IN A
CERTIFIED CARDIAC SURGICAL PROGRAM IN THE STATE OF NEW YORK. EFFECTIVE
FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, APPLICANTS WHO HAVE
NEVER BEEN CERTIFIED BY ABCP AND WHO HAVE NOT APPLIED FOR LICENSURE
PURSUANT TO THIS ARTICLE SHALL NOT BE ELIGIBLE FOR A WAIVER; AND ANY
APPLICANT GAINFULLY EMPLOYED AS A PERFUSIONIST AND/OR CERTIFIED BY ABCP
MAY PETITION THE COMMISSIONER AND THE STATE COMMITTEE FOR PERFUSION FOR
A WAIVER.
S 6632. PRACTICE OF PERFUSION AND USE OF TITLE "PERFUSIONIST". ONLY A
PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE PERFUSION OR
USE THE TITLE "PERFUSIONIST".
S 6633. STATE COMMITTEE FOR PERFUSION. 1. A STATE COMMITTEE FOR
PERFUSION SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMEN-
DATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF LICENSURE AND
PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-SIX HUNDRED THIR-
TY-FIVE OF THIS TITLE. THE COMMITTEE SHALL ASSIST THE BOARD OF REGENTS
FOR MEDICINE SOLELY IN MATTERS RELATING TO PERFUSION, WHICH BOARD OF
REGENTS SHALL ALSO FUNCTION AS THE STATE COMMITTEE FOR PERFUSION. THE
LICENSURE REQUIREMENTS FOR PROFESSIONAL PERFUSIONISTS SHALL BE WAIVED
FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH APPOINTEES
SHALL HAVE RECEIVED NATIONAL CERTIFICATION IN THEIR SPECIALTY.
2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
A. FOUR LICENSED PERFUSIONISTS;
B. TWO LICENSED PHYSICIANS SPECIALIZING IN THORACIC SURGERY; AND
C. ONE EDUCATOR WHO HOLDS A DOCTORATE OR EQUIVALENT DEGREE IN EITHER
ANATOMY, PHYSIOLOGY, PATHOLOGY, CHEMISTRY, OR MICROBIOLOGY.
S 6634. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR LICENSURE
AS A PERFUSIONIST EXCEPT THAT RELATING TO THE EXAMINATION SHALL BE
ELIGIBLE FOR A LIMITED PERMIT.
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST.
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR REGISTRATION HAS BEEN DENIED. A LIMITED PERMIT SHALL BE
EXTENDED UPON APPLICATION FOR ONE ADDITIONAL YEAR, PROVIDED THAT THE
PERMITTEE'S REQUEST FOR SUCH EXTENSION IS ENDORSED BY A LICENSED PERFU-
SIONIST WHO EITHER HAS SUPERVISED OR WILL SUPERVISE THE PERMITTEE,
A. 353 4
EXCEPT THAT SUCH EXTENSION MAY BE DENIED BY THE DEPARTMENT FOR CAUSE
WHICH SHALL BE STATED IN WRITING. IF THE PERMITTEE IS AWAITING THE
RESULTS OF A LICENSING EXAMINATION AT THE TIME SUCH LIMITED PERMIT
EXPIRES, SUCH PERMIT SHALL CONTINUE TO BE VALID UNTIL TEN DAYS AFTER
NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH EXAMINATION.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
DOLLARS.
S 6635. CONTINUING PROFESSIONAL EDUCATION. 1. THE DEPARTMENT SHALL:
A. APPROVE ONLY CONTINUING PROFESSIONAL EDUCATION PROGRAMS AS ARE
AVAILABLE TO ALL PERFUSIONISTS IN THIS STATE ON A REASONABLE NONDISCRI-
MINATORY BASIS;
B. ESTABLISH STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS,
INCLUDING THE SPECIFIC SUBJECT MATTER AND CONTENTS OF COURSES OF STUDY;
AND
C. ESTABLISH THE NUMBER OF CREDITS OF CONTINUING PROFESSIONAL EDUCA-
TION REQUIRED BY EACH APPLICANT FOR LICENSE RENEWAL. EACH CREDIT SHALL
REPRESENT OR BE EQUIVALENT TO FIFTY MINUTES OF ACTUAL COURSE ATTENDANCE.
2. IF ANY APPLICANT FOR RENEWAL OF REGISTRATION COMPLETES A NUMBER OF
CREDIT HOURS IN EXCESS OF THE NUMBER ESTABLISHED PURSUANT TO PARAGRAPH C
OF SUBDIVISION ONE OF THIS SECTION, THE EXCESS CREDITS MAY, AT THE
DISCRETION OF THE DEPARTMENT, BE APPLICABLE TO THE CONTINUING EDUCATION
REQUIREMENT FOR THE FOLLOWING LICENSURE PERIOD, BUT NOT THEREAFTER.
S 6636. RECIPROCITY. RECIPROCITY SHALL BE GRANTED TO ANY CURRENTLY
LICENSED PERFUSIONIST FROM ANOTHER STATE, PROVIDING THE REQUIREMENTS FOR
LICENSURE IN SUCH OTHER STATE EQUAL OR EXCEED THE REQUIREMENTS FOR
LICENSURE PURSUANT TO THIS ARTICLE. REQUESTS FOR RECIPROCITY SHALL BE
REVIEWED BY THE COMMISSIONER AND THE STATE COMMITTEE FOR PERFUSION AND A
LIMITED PERMIT, PURSUANT TO SECTION SIXTY-SIX HUNDRED THIRTY-FOUR OF
THIS ARTICLE, SHALL BE ISSUED UPON APPROVAL OF THE COMMISSIONER AND THE
COMMITTEE.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.