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

                                  6547

                            I N  S E N A T E

                            January 25, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- 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  state  licensure  of
  orthopaedic technologists

  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 168 to
read as follows:
                               ARTICLE 168
                        ORTHOPAEDIC TECHNOLOGISTS
SECTION 8900. INTRODUCTION.
        8901. DEFINITION OF THE PRACTICE OF ORTHOPAEDIC TECHNOLOGY.
        8902. USE OF THE TITLE "ORTHOPAEDIC TECHNOLOGIST".
        8903. REQUIREMENTS FOR PROFESSIONAL LICENSURE.
        8904. LIMITED PERMITS.
        8905. EXEMPTIONS.
        8906. STATE BOARD.
  S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF ORTHO-
PAEDIC TECHNOLOGY AND TO THE USE OF  THE  TITLE  "ORTHOPAEDIC  TECHNOLO-
GIST".   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  S 8901. DEFINITION OF THE  PRACTICE  OF  ORTHOPAEDIC  TECHNOLOGY.  THE
PRACTICE  OF ORTHOPAEDIC TECHNOLOGY BY AN ORTHOPAEDIC TECHNOLOGIST SHALL
MEAN THE PERFORMANCE OF THE FOLLOWING MEDICAL SERVICES UNDER THE  SUPER-
VISION OF A PHYSICIAN OR SURGEON INVOLVED IN THE MUSCULOSKELETAL CARE OF
PATIENTS:
  1. PATIENT ASSESSMENT FOR PURPOSES OF ORTHOPAEDIC PROCEDURES;
  2. APPLYING AND REMOVING CASTS;
  3. MEASURING AND FITTING PATIENTS FOR ORTHOPAEDIC BRACES, DEVICES, AND
AMBULATORY AIDS;
  4. ASSISTING IN THE APPLICATION, MAINTENANCE, AND ADJUSTMENT OF SKELE-
TAL TRACTION;
  5. FABRICATING AND APPLYING SPLINTS AND BANDAGES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06508-06-6
              

S. 6547                             2

  6.  REMOVING  SUTURES, STAPLES, AND PINS RELATED TO ORTHOPAEDIC PROCE-
DURES;
  7.  INSTRUCTING  PATIENTS  IN  THE  CARE OF CASTS, SPLINTS, BRACES, OR
ORTHOPAEDIC DEVICES AND RELATED SKIN CARE; AND
  8. ASSISTING A PHYSICIAN AND SURGEON IN  ORTHOPAEDIC  SURGICAL  PROCE-
DURES.
  FOR  THE PURPOSES OF THIS ARTICLE, "SUPERVISION" SHALL MEAN A LICENSED
PHYSICIAN OR SURGEON'S OVERSIGHT OF THE ACTIVITIES OF, AND  RESPONSIBIL-
ITY FOR, THE MEDICAL SERVICES RENDERED BY AN ORTHOPAEDIC TECHNOLOGIST.
  S 8902. USE OF THE TITLE "ORTHOPAEDIC TECHNOLOGIST".  NO PERSON, OTHER
THAN  ONE  WHO  IS  CURRENTLY  CERTIFIED AS AN ORTHOPAEDIC TECHNOLOGIST,
SHALL PRACTICE AS AN ORTHOPAEDIC TECHNICIAN OR IN A SIMILAR CAPACITY  OR
HOLD  HIMSELF  OR HERSELF OUT AS AN "ORTHOPAEDIC TECHNOLOGIST," OR SHALL
USE ANY OTHER TERM INDICATING OR IMPLYING THAT HE OR SHE  IS  AN  ORTHO-
PAEDIC TECHNOLOGIST.
  S  8903.  REQUIREMENTS  FOR  PROFESSIONAL  LICENSURE.  TO  QUALIFY FOR
CERTIFICATION AS A  CERTIFIED  ORTHOPAEDIC  TECHNOLOGIST,  AN  APPLICANT
SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF ORTHOPAEDIC TECHNOL-
OGY  SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS;
  3. EXAMINATION: PASS A NATIONAL BOARD FOR CERTIFICATION OF ORTHOPAEDIC
TECHNOLOGISTS, INC.  EXAMINATION ACCEPTABLE TO THE BOARD AND THE DEPART-
MENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  4. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND
  6.  FEE:  PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF EIGHTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION
PERIOD.
  S 8904. 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  A  LICENSE
AS  A  PROFESSIONAL  ORTHOPAEDIC  TECHNOLOGIST  EXCEPT THOSE RELATING TO
EXAMINATION OR EXPERIENCE SHALL BE ELIGIBLE FOR A LIMITED PERMIT;
  2. LIMIT OF PRACTICE. A PERMITTEE  SHALL  BE  AUTHORIZED  TO  PRACTICE
ORTHOPAEDIC  TECHNOLOGY  ONLY UNDER THE DIRECT AND IMMEDIATE SUPERVISION
OF A  LICENSED  OR  CERTIFIED  ORTHOPAEDIC  TECHNOLOGIST  OR  ORTHOPEDIC
SURGEON;
  3.  DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY BE
RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT; AND
  4. FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL  BE
SIXTY DOLLARS.
  S  8905.  EXEMPTIONS.  NOTHING  IN  THIS ARTICLE SHALL BE CONSTRUED TO
AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT THE  AUTHORITY  OF  ANY
PERSON  OTHERWISE  AUTHORIZED BY LAW OR REGULATION TO PRACTICE ANY FUNC-
TION OF AN ORTHOPAEDIC TECHNOLOGIST.
  S 8906. STATE BOARD. A STATE BOARD FOR ORTHOPAEDIC TECHNOLOGY SHALL BE
APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE  COMMISSIONER
FOR  THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON
MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE
WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL  BE
COMPOSED  OF  AT  LEAST  THREE LICENSED ORTHOPAEDIC TECHNOLOGISTS AND AT
LEAST THREE PUBLIC REPRESENTATIVES WHO DO  NOT  HOLD  INTERESTS  IN  THE

S. 6547                             3

ORGANIZATION, FINANCING, OR DELIVERY OF ORTHOPAEDIC TECHNOLOGIES.  ADDI-
TIONALLY,  THE BOARD SHALL CONTAIN NO LESS THAN TWO ORTHOPEDIC SURGEONS.
MEMBERS OF THE FIRST BOARD NEED NOT BE LICENSED PRIOR TO THEIR  APPOINT-
MENT  TO  THE  BOARD. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL NOT
EXCEED FIVE YEARS AND MAY BE RENEWED FOR A PERIOD  OF  THREE  ADDITIONAL
YEARS AT THE DISCRETION OF THE COMMISSIONER.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.