S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 1359                                                   A. 426
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 IN  SENATE -- Introduced by Sen. MURPHY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Higher Educa-
   tion
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred 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 169 to
 read as follows:
                                ARTICLE 169
                         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.
   § 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.
   § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00639-02-7

 S. 1359                             2                             A. 426
 
   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 ORTHO-
 PAEDIC TRACTION;
   5. FABRICATING AND APPLYING SPLINTS AND BANDAGES;
   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.
   § 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 TECHNOLOGIST 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
 ORTHOPAEDIC TECHNOLOGIST.
   § 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'S.  EXAMINATION 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.
   §  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 UNDER THE DIRECTION OF AN AVAILABLE  LICENSED  OR
 CERTIFIED ORTHOPAEDIC TECHNOLOGIST OR ORTHOPAEDIC SURGEON;
   3.  DURATION.  A  LIMITED PERMIT SHALL BE VALID FOR TWO YEARS WITH THE
 SUCCESSFUL COMPLETION OF FORTY HOURS OF CONTINUING  EDUCATION  UNITS  IN
 ORTHOPAEDIC  TECHNOLOGY. CONTINUING EDUCATION UNITS MUST BE SUBMITTED TO
 THE NATIONAL BOARD FOR CERTIFICATION OF ORTHOPAEDIC TECHNOLOGISTS,  INC.
 AT  THE  COMPLETION  OF  THE  FORTY  HOURS  OF CONTINUING EDUCATION, THE
 NATIONAL BOARD FOR CERTIFICATION OF ORTHOPAEDIC TECHNOLOGISTS, INC. WILL
 PRESENT TO THE LIMITED PERMITTEE AN OFFICIAL LETTER CONFIRMING  CONTINU-
 ING  EDUCATION  HAS  BEEN COMPLETED, WHICH WILL BE FILED WITH THE STATE.
 THE LIMITED PERMIT MAY BE RENEWED BIENNIALLY AT THE  DISCRETION  OF  THE
 DEPARTMENT. THE PERMITTEE CAN RENEW UP TO THREE CONSECUTIVE TIMES; AFTER

 S. 1359                             3                             A. 426
 
 THAT  TIMEFRAME  THE  PERMITTEE MUST PASS THE NATIONAL BOARD FOR CERTIF-
 ICATION OF ORTHOPAEDIC TECHNOLOGISTS, INC'S. EXAMINATION; AND
   4.  FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
 SIXTY DOLLARS.
   § 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.
   § 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
 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.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.