S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10798
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 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:

   Section 1. Subdivision 2 of section 8504  of  the  education  law,  as
 added by chapter 817 of the laws of 1992, is amended to read as follows:
   2.  Education:  have received an education, including completion of an
 approved [associate] BACHELOR degree program in respiratory  therapy  or
 in a program determined by the department to be the equivalent;
   §  2.  Section  8507  of  the education law is amended by adding a new
 closing paragraph to read as follows:
   SUBDIVISION TWO OF SECTION EIGHTY-FIVE HUNDRED FOUR OF THIS ARTICLE AS
 AMENDED BY THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN  THAT  ADDED
 THIS  PARAGRAPH  SHALL NOT APPLY TO ANY PERSON LICENSED AS A RESPIRATORY
 THERAPIST ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOU-
 SAND EIGHTEEN THAT ADDED THIS PARAGRAPH.
   § 3. Section 8513 of the education law, as added by chapter 817 of the
 laws of 1992, is amended to read as follows:
   § 8513. Special  provisions.  1.  A  person  shall be licensed without
 examination provided that, within one year of the effective date of this
 article, the individual:
   [1.](A) files an application and pays  the  appropriate  fees  to  the
 department; and
   [2.  (a)](B)(1)  is  certified by a national certifying or accrediting
 board for respiratory therapy technicians acceptable to the  department,
 or
   [(b)](2) has practiced as a respiratory therapy technician in a hospi-
 tal, as defined in article twenty-eight of the public health law, in the
 state for not less than two years within the last five years, or
   [(c)](3)  has  met the educational standards of a hospital, as defined
 in article twenty-eight of the public health law, or, in the case  of  a
 hospital  operated  by  a public benefit corporation, has met the educa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15794-02-8

 A. 10798                            2
 
 tional standards of such corporation, and has practiced as a respiratory
 therapy technician for at least one year in such hospital.
   2.  THE  DEPARTMENT  SHALL  NOT ACCEPT NEW APPLICATIONS FOR AN INITIAL
 LICENSE AS A  RESPIRATORY  THERAPY  TECHNICIAN,  PROVIDED  HOWEVER  THAT
 LICENSES ISSUED PRIOR TO THAT DATE SHALL BE ELIGIBLE FOR RENEWAL SUBJECT
 TO THE PROVISIONS OF THIS SECTION.
   §  4.  This  act shall take effect immediately; provided that sections
 one and two of this act shall take effect on the first of  September  in
 the  fifth year next succeeding the year in which it shall have become a
 law and shall only apply to the issuance of initial licenses.