NY State Senate Bill 2017-S8484

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2018	referred to higher education

2017-S8484 (ACTIVE) - Details

See Assembly Version of this Bill:: A10798
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§8504, 8507 & 8513, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A7304
2021-2022: A1358
2023-2024: A201
2025-2026: A236

2017-S8484 (ACTIVE) - Summary

Relates to the license requirements for the practice of respiratory therapy.

2017-S8484 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8484

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the education law, in relation to the
license requirements for the practice of respiratory therapy

 
PURPOSE:

To update the license requirements for respiratory therapy consistent
with current national standards.

 
SUMMARY OF PROVISIONS:

Section 1. Changes the educational requirement from an associate to a
bachelor degree for licensure as a respiratory therapy

Section 2. Grandfathers in any current licensee.

Section 3. Ends the licensing of respiratory therapist technicians as
tat licensing level is now obsolete.

 
JUSTIFICATION:

Respiratory therapists perform cardiopulmonary evaluations and various
cardiopulmonary techniques and therapies including analysis and inter-
pretation of physiological specimens, diagnostic tests, monitoring of
medical gases, mechanical ventilator support, artificial airway care and
administer pharmacologic agents related to respiratory care procedures.
Respiratory therapists practice in acute care facilities including
intensive care units, long-term care facilities, home care and other
health care settings. Respiratory therapists play a crucial role in the
management and treatment of cardiopulmonary disorders and diseases.

New York recognized the practice of respiratory therapy and respiratory
therapist technician as licensed professions in 1992.  Since that time,
the profession and its professional standards has evolved. Notably, the
profession is transitioning to a bachelor degree from an associate
degree as the standard for licensure. The accrediting body will not
approve any new associate degree programs as of 2018. Additionally, the
respiratory therapist technician tier of licensure is now obsolete. The
State no longer has one-year certificate programs for respiratory thera-
pist technicians. Currently, new respiratory therapist technician
licenses generally have completed associate degree programs but failed
to pass the licensure examination.

The legislation will improve the health, safety and welfare of New York
citizens in need of respiratory therapy services by increasing the
educational standards for respiratory therapists to a bachelor degree in
keeping with best practices. The legislation will also improve care by
making sure only individuals capable of passing the licensing exam
obtain licensure. The legislation includes language to grandfather
existing practitioners. It also includes a transition period of six
years to allow those programs that are not currently at the bachelor
degree level to transition to the higher standard.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2017-S8484 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8484
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- 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 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

 S. 8484                             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.

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Senate Bill S8484

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2017-S8484 (ACTIVE) - Details

2017-S8484 (ACTIVE) - Summary

2017-S8484 (ACTIVE) - Sponsor Memo

2017-S8484 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8484

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2017-S8484 (ACTIVE) - Details

2017-S8484 (ACTIVE) - Summary

2017-S8484 (ACTIVE) - Sponsor Memo

2017-S8484 (ACTIVE) - Bill Text download pdf

Comments