S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7047

                            I N  S E N A T E

                              March 9, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to licensing the practice
  of polysomnographic technology

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 167 to
read as follows:
                               ARTICLE 167
                  POLYSOMNOGRAPHIC TECHNOLOGY PRACTICE
SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY.
        8803. USE OF THE TITLE "POLYSOMNOGRAPHIC TECHNOLOGIST".
        8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY.
        8805. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE AND
                REGISTRATION.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. SPECIAL PROVISIONS.
        8809. MANDATORY CONTINUING EDUCATION.
  S 8800. INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE  PROFESSION  OF
LICENSED POLYSOMNOGRAPHIC TECHNOLOGY. THE  GENERAL  PROVISIONS  FOR  ALL
PROFESSIONS  CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY
TO THIS ARTICLE.
  S 8801. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. THE TERM "PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY" SHALL  MEAN  THE
PROCESS  OF  ANALYZING, SCORING, MONITORING AND RECORDING OF PHYSIOLOGIC
DATA DURING SLEEP AND WAKEFULNESS TO ASSIST IN THE  CLINICAL  ASSESSMENT
AND DIAGNOSIS OF SLEEP/WAKE DISORDERS AND OTHER DISORDERS, SYNDROMES AND
DYSFUNCTIONS  THAT  EITHER  ARE  SLEEP RELATED, MANIFEST DURING SLEEP OR
DISRUPT NORMAL SLEEP/WAKE CYCLES AND ACTIVITIES.
  2. THE TERM "PRACTICE OF THE PROFESSION OF POLYSOMNOGRAPHIC  TECHNOLO-
GY"  SHALL MEAN THE PROFESSIONAL SERVICES PRACTICED IN ANY SETTING UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15409-01-0

S. 7047                             2

THE DIRECTION AND SUPERVISION OF  A  LICENSED  PHYSICIAN  INVOLVING  THE
MONITORING,  TESTING  AND  TREATMENT  OF  INDIVIDUALS SUFFERING FROM ANY
SLEEP DISORDER AS LISTED IN AN  AUTHORITATIVE  CLASSIFICATION  OF  SLEEP
DISORDERS  ACCEPTABLE TO THE DEPARTMENT. SUCH PROCEDURES INCLUDE BUT ARE
NOT LIMITED TO:
  (A) APPLICATION OF ELECTRODES AND APPARATUS NECESSARY TO  MONITOR  AND
EVALUATE SLEEP DISTURBANCES, INCLUDING APPLICATION OF DEVICES THAT ALLOW
A  PHYSICIAN  TO  DIAGNOSE  AND  TREAT  SLEEP DISORDERS, WHICH DISORDERS
INCLUDE BUT SHALL NOT BE LIMITED TO INSOMNIA, SLEEP BREATHING DISORDERS,
MOVEMENT DISORDERS, DISORDERS OF EXCESSIVE SOMNOLENCE, AND PARASOMNIAS;
  (B) INSTITUTION OF ANY TYPE OF PHYSIOLOGIC  MONITORING  APPLICABLE  TO
POLYSOMNOGRAPHY  INCLUDING THE THERAPEUTIC AND DIAGNOSTIC USE OF OXYGEN,
CONTINUOUS POSITIVE AIRWAY PRESSURE (CPAP) AND BI-LEVEL POSITIVE  AIRWAY
PRESSURE (BIPAP) OF NON-VENTILATED PATIENTS;
  (C)   INITIATION  OF  CARDIOPULMONARY  RESUSCITATION,  MAINTENANCE  OF
PATIENT'S AIRWAY (WHICH DOES NOT INCLUDE ENDOTRACHEAL INTUBATION), TRAN-
SCRIPTION AND IMPLEMENTATION OF PHYSICIAN ORDERS PERTAINING TO THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (D) INITIATION OF TREATMENT CHANGES AND  TESTING  TECHNIQUES  REQUIRED
FOR THE IMPLEMENTATION OF POLYSOMNOGRAPHIC PROTOCOLS UNDER THE DIRECTION
AND  SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE PRACTICE
OF SLEEP MEDICINE; AND
  (E) EDUCATION OF PATIENTS, FAMILY AND PUBLIC  ON  THE  PROCEDURES  AND
TREATMENTS  USED  DURING POLYSOMNOGRAPHIC TECHNOLOGY OR ANY EQUIPMENT OR
PROCEDURE USED FOR THE TREATMENT OF ANY SLEEP DISORDER.
  S 8802. PRACTICE  OF  POLYSOMNOGRAPHIC  TECHNOLOGY.  ONLY   A   PERSON
LICENSED  AND  REGISTERED  OR  EXEMPT  UNDER THIS ARTICLE SHALL PRACTICE
POLYSOMNOGRAPHIC TECHNOLOGY.
  S 8803. USE OF  THE  TITLE  "POLYSOMNOGRAPHIC  TECHNOLOGIST".  ONLY  A
PERSON  LICENSED  UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED POLY-
SOMNOGRAPHIC   TECHNOLOGIST,"   "POLYSOMNOGRAPHIC   TECHNOLOGIST,"    OR
"LICENSED SLEEP TECH".
  S 8804. STATE  COMMITTEE  FOR  POLYSOMNOGRAPHIC TECHNOLOGY. 1. A STATE
COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY  SHALL  BE  APPOINTED  BY  THE
BOARD  OF  REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL
ASSIST ON MATTERS OF PROFESSIONAL LICENSING,  PRACTICE  AND  CONDUCT  IN
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
  2.  NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED EIGHT
OF THIS TITLE, THE COMMITTEE SHALL ASSIST THE STATE BOARD  FOR  MEDICINE
SOLELY  IN  POLYSOMNOGRAPHIC  TECHNOLOGY MATTERS, WHICH BOARD SHALL ALSO
FUNCTION AS THE STATE BOARD FOR POLYSOMNOGRAPHIC TECHNOLOGY. ANY  MEMBER
OF THE FIRST BOARD APPOINTED WHO IS A POLYSOMNOGRAPHIC TECHNOLOGIST NEED
NOT  BE  LICENSED  PRIOR  TO APPOINTMENT ON THE BOARD; PROVIDED HOWEVER,
THAT ANY FIRST APPOINTED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL  BE  REGIS-
TERED  BY  A  NATIONAL CERTIFYING OR ACCREDITING BOARD ACCEPTABLE TO THE
DEPARTMENT.
  3. THE COMMITTEE SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED  OF
THE FOLLOWING:
  (A) FIVE LICENSED POLYSOMNOGRAPHIC TECHNOLOGISTS, WHO ARE NOT LICENSED
TO PRACTICE ANY OTHER PROFESSION REGULATED PURSUANT TO THIS TITLE;
  (B) TWO LICENSED RESPIRATORY THERAPISTS WHO HAVE TRAINING AND/OR EXPE-
RIENCE IN THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS;
  (C)  ONE  LICENSED PHYSICIAN WHO PRACTICES IN THE FIELD OF SLEEP MEDI-
CINE; AND
  (D) A REPRESENTATIVE OF THE PUBLIC AT LARGE.

S. 7047                             3

  S 8805. REQUIREMENTS AND PROCEDURES  FOR  PROFESSIONAL  LICENSURE  AND
REGISTRATION. 1. TO QUALIFY FOR A LICENSE AS A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  (I)  RECEIVED AN ASSOCIATE DEGREE IN POLYSOMNOGRAPHIC
TECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR ANOTHER ASSO-
CIATE DEGREE PROGRAM DETERMINED BY THE DEPARTMENT  TO  BE  SUBSTANTIALLY
EQUIVALENT,  FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS; PROVIDED HOWEVER,  THAT  THIS  EDUCATION
REQUIREMENT  SHALL  NOT BECOME EFFECTIVE UNTIL SUCH TIME AS THERE ARE AT
LEAST FOUR LICENSURE QUALIFYING ASSOCIATE DEGREE PROGRAMS ACCEPTABLE  TO
THE  DEPARTMENT  IN  POLYSOMNOGRAPHIC  TECHNOLOGY OPERATED BY ACCREDITED
COLLEGES OR UNIVERSITIES IN THE STATE; OR
  (II) COMPLETED A COURSE OF STUDY SUBSTANTIALLY EQUIVALENT TO AN  ASSO-
CIATE  DEGREE  PROGRAM  DETERMINED TO BE ACCEPTABLE PURSUANT TO SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, AND WHICH IS SATISFACTORY  TO  THE  COMMIS-
SIONER  AND  IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS FOR THE
PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (C) EXPERIENCE: HAVE EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEE: PAY A ONE-TIME FEE OF THREE HUNDRED DOLLARS FOR LICENSURE.
  2. EXCEPT AS PROVIDED IN SECTION EIGHTY-EIGHT HUNDRED  SEVEN  OF  THIS
ARTICLE,  EACH  LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE REQUIRED
TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE  IN  THE  STATE,
AND  SHALL  PAY A FEE OF THREE HUNDRED DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
  S 8806. LIMITED PERMITS. LIMITED PERMITS MAY BE ISSUED BY THE  DEPART-
MENT TO ELIGIBLE APPLICANTS, AS FOLLOWS:
  1.  ELIGIBILITY:  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE
AS A POLYSOMNOGRAPHIC TECHNOLOGIST EXCEPT THOSE RELATING TO  EXAMINATION
SHALL BE ELIGIBLE FOR A LIMITED PERMIT;
  2.  LIMIT  OF  PRACTICE:  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECTION AND SUPERVISION OF A  LICENSED  PHYSICIAN  AND  ONLY
WHILE  UNDER  THE  DIRECT  AND  IMMEDIATE  SUPERVISION  OF A HEALTH CARE
PROVIDER REGULATED PURSUANT TO THIS TITLE INCLUDING, BUT NOT LIMITED TO,
A PHYSICIAN, POLYSOMNOGRAPHIC TECHNOLOGIST,  REGISTERED  NURSE,  RESPIR-
ATORY  THERAPIST,  AND  NURSE  PRACTITIONER;  PROVIDED HOWEVER, THAT THE
TASKS OR RESPONSIBILITIES SUPERVISED BY THE  HEALTH  CARE  PROVIDER  ARE
WITHIN THE SCOPE OF HIS OR HER PRACTICE;
  3.  DURATION:  A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR AND MAY BE
RENEWED FOR ONE ADDITIONAL YEAR; AND
  4. FEE: THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL  BE
FIFTY DOLLARS.
  S 8807. EXEMPTIONS. THIS ARTICLE SHALL NOT PROHIBIT:
  1. THE PRACTICE OF LICENSED POLYSOMNOGRAPHIC TECHNOLOGY AS AN INTEGRAL
PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN REGISTERED POLYSOMNO-
GRAPHIC  TECHNOLOGY  EDUCATION  PROGRAMS  OR REGISTERED RESPIRATORY CARE
PROGRAMS;
  2. THE PERFORMANCE OF ANY OF THE FUNCTIONS INCLUDED IN THE  DEFINITION
OF  POLYSOMNOGRAPHIC TECHNOLOGY BY ANY OTHER DULY LICENSED, CERTIFIED OR

S. 7047                             4

REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH FUNCTIONS ARE WITHIN
THE SCOPE OF HER OR HIS PRACTICE;
  3.  THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY LEGALLY AUTHOR-
IZED POLYSOMNOGRAPHIC PRACTITIONER OF ANY OTHER STATE OR  TERRITORY  WHO
IS  SERVING  IN  THE  ARMED  FORCES  OR THE PUBLIC HEALTH SERVICE OF THE
UNITED STATES OR WHO IS EMPLOYED BY THE VETERAN'S ADMINISTRATION,  WHILE
ENGAGED IN THE PERFORMANCE OF SUCH DUTIES;
  4.  THE  PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY A LICENSED RESPIR-
ATORY THERAPIST OR A RESPIRATORY THERAPY TECHNICIAN; AND
  5. THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY  FOR  THE  PURPOSES  OF
CLINICAL  RESEARCH,  PROVIDED  THAT  THE RESEARCH HAS BEEN APPROVED BY A
DULY AUTHORIZED INSTITUTIONAL REVIEW BOARD AND SUCH  PRACTICE  IS  UNDER
THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN.
  S 8808. SPECIAL  PROVISIONS.  A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION OR SATISFYING THE EDUCATION REQUIREMENT,  PROVIDED  THAT  WITHIN
ONE   YEAR  OF  THE  EFFECTIVE  DATE  OF  REGULATIONS  IMPLEMENTING  THE
PROVISIONS OF THIS ARTICLE, THE INDIVIDUAL MEETS THE FOLLOWING  REQUIRE-
MENTS:
  1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT;
  2. IS CERTIFIED BY A NATIONAL  CERTIFYING  OR  ACCREDITING  BOARD  FOR
POLYSOMNOGRAPHY ACCEPTABLE TO THE DEPARTMENT; AND
  3.  HAS  PRACTICED POLYSOMNOGRAPHIC TECHNOLOGY UNDER THE DIRECTION AND
SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE  PRACTICE  OF
SLEEP  MEDICINE  FOR NOT LESS THAN EIGHTEEN MONTHS WITHIN THE LAST THREE
YEARS; PROVIDED HOWEVER, SUCH EXPERIENCE SHALL NOT BE  ACCEPTABLE  AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE.
  S 8809. MANDATORY CONTINUING EDUCATION. 1. A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST  REQUIRED  UNDER  THIS ARTICLE TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTIN-
UING EDUCATION REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION  FOUR  OF  THIS
SECTION  EXCEPT  AS  SET  FORTH  IN  SUBDIVISIONS  TWO AND THREE OF THIS
SECTION. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST WHO DOES  NOT  SATISFY
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
HE  OR  SHE  HAS  MET SUCH REQUIREMENTS, AND HE OR SHE HAS BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED POLYSOMNOGRAPHIC  TECH-
NOLOGIST  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE
IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION.
  2. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE EXEMPT  FROM  THE
MANDATORY  CONTINUING  EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORD WITH THE
INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION
REQUIREMENT MAY BE GRANTED BY  THE  DEPARTMENT  FOR  REASONS  OF  HEALTH
CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  3.  A  LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST NOT ENGAGED IN THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY, AS DETERMINED  BY  THE  DEPARTMENT,
SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
THE  FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.  A
LICENSEE WHO RETURNS TO  THE  PRACTICE  OF  POLYSOMNOGRAPHIC  TECHNOLOGY
DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCA-
TION REQUIREMENTS IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS.

S. 7047                             5

  4.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A LICENSED POLYSOMNOGRAPHIC  TECHNOLOGIST  SHALL  COMPLETE  A
MINIMUM  OF TWENTY-FOUR HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION,
AS SPECIFIED IN SUBDIVISION SIX OF THIS SECTION. A LICENSEE WHO HAS  NOT
SATISFIED  THE  MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE
ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND  SHALL
NOT  PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS
ISSUED, AS PROVIDED FOR IN SUBDIVISION FIVE OF THIS SECTION.  CONTINUING
EDUCATION  HOURS  TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A
SUBSEQUENT TRIENNIUM.
  5. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO A LICENSEE WHO FAILS TO MEET THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENTS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE  YEAR.    ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF MANDATORY CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.
  6.  AS  USED  IN  SUBDIVISION FOUR OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
CONTRIBUTE  TO  PROFESSIONAL PRACTICE IN POLYSOMNOGRAPHIC TECHNOLOGY AND
WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER.
SUCH  FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL  DEVEL-
OPMENT  PROGRAMS  AND  TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE AND
LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE  TO
THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED  EDUCATIONAL  AND TECHNICAL
PROGRAMS ACCEPTABLE TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY,  IN  ITS
DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
PUBLIC, REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES  IN
SPECIFIC SUBJECTS TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENT.  COURSES  MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT,
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  7. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST  SHALL  MAINTAIN  ADEQUATE
DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING EDUCATION
AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF  THE  DEPARTMENT.
FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  S  2. This act shall take effect one year after it shall have become a
law; provided further, that subdivision 2 of section 8805 of the  educa-
tion law as added by section one of this act shall not take effect until
such  time  as  there  are  at least four licensure qualifying associate
degree programs, acceptable to the department of education, in  polysom-
nographic  technology operated by accredited colleges or universities in
the state; provided further, however, that the department  of  education
shall  notify the legislative bill drafting commission upon the creation
of four acceptable qualifying associate degree programs  in  order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law  and

S. 7047                             6

section 70-b of the public officers law. Effective immediately the addi-
tion,  amendment  and/or  repeal of any rule or regulation necessary for
the implementation of this act on its effective date is authorized to be
made on or before such effective date.