S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  201--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, SAYEGH, COOK, BUTTENSCHON, GONZALEZ-
   ROJAS -- read once and referred to the Committee on  Higher  Education
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 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; AND IN
 ORDER TO CONTINUE TO MAINTAIN REGISTRATION  AS  A  LICENSED  RESPIRATORY
 THERAPIST  IN  NEW  YORK  STATE, HAVE ATTAINED A BACCALAUREATE DEGREE OR
 HIGHER IN RESPIRATORY THERAPY OR IN A PROGRAM DETERMINED BY THE  DEPART-
 MENT  TO  BE  THE  EQUIVALENT  WITHIN  SIX YEARS OF INITIAL LICENSURE IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.  THE DEPARTMENT, IN  ITS
 DISCRETION, MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS
 TO  COMPLETE  THE  BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDI-
 TIONAL REQUIREMENT WITHIN ONE YEAR.  THE  FEE  FOR  SUCH  A  CONDITIONAL
 REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE
 TRIENNIAL REGISTRATION. THE DURATION OF  SUCH  CONDITIONAL  REGISTRATION
 SHALL  BE  FOR  ONE YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE,
 FOR NO MORE THAN ONE ADDITIONAL YEAR, UNLESS THE APPLICANT CAN SHOW GOOD
 CAUSE FOR NON-COMPLIANCE ACCEPTABLE TO THE DEPARTMENT.  THE  DEPARTMENT,
 IN  ITS  DISCRETION,  MAY  ISSUE  A TEMPORARY EDUCATIONAL EXEMPTION TO A
 LICENSEE WHO IS UNABLE TO COMPLETE THE BACCALAUREATE  DEGREE  DUE  TO  A
 LACK  OF  ACCESS  TO EDUCATIONAL PROGRAMS. LICENSEES SEEKING A TEMPORARY
 EDUCATIONAL EXEMPTION SHALL PROVIDE EVIDENCE OF APPLYING ON AT LEAST TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00305-02-3
 A. 201--A                           2
 
 OCCASIONS TO A BACCALAUREATE DEGREE PROGRAM OR PROGRAMS AND SUBSEQUENTLY
 BEING DENIED ACCESS TO SUCH PROGRAM OR PROGRAMS ON AT  LEAST  TWO  OCCA-
 SIONS  DUE  TO THERE BEING A LIMITED NUMBER OF SEATS. SUCH DENIALS SHALL
 ALSO BE CORROBORATED BY THE HIGHER EDUCATION INSTITUTION OR INSTITUTIONS
 THAT  THE  LICENSEE  APPLIED TO. TEMPORARY EDUCATIONAL EXEMPTIONS ISSUED
 PURSUANT TO THIS SUBDIVISION SHALL BE FOR  A  SINGLE  TWO  YEAR  PERIOD.
 LICENSEES  SHALL  ONLY BE ELIGIBLE FOR EITHER A CONDITIONAL REGISTRATION
 OR A TEMPORARY EDUCATIONAL EXEMPTION.  THE  FEE  FOR  SUCH  A  TEMPORARY
 EDUCATIONAL  EXEMPTION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION.   ANY LICENSEE WHO IS  NOTIFIED  OF  THE
 DENIAL  OF  A REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCA-
 TIONAL REQUIREMENTS AND WHO PRACTICES AS A LICENSED  RESPIRATORY  THERA-
 PIST   WITHOUT   SUCH   REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
   § 2. 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-
 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  AN
 INDIVIDUAL  LICENSED  AS  A RESPIRATORY THERAPY TECHNICIAN PRIOR TO THAT
 DATE SHALL BE ELIGIBLE TO RENEW THE REGISTRATION OF THE LICENSE  SUBJECT
 TO THE PROVISIONS OF THIS SECTION.
   § 3.  The provisions of this act shall not apply to:
   1. any student currently enrolled in, or having an application pending
 in,  an approved associate degree program in respiratory therapy or in a
 program determined by the department to be  the  equivalent  as  of  the
 effective date of this act; or
   2. any person already licensed as a respiratory therapist.
   §  4.  Any  individual  covered  by section three of this act shall be
 deemed fully licensed provided that such individual meets  the  require-
 ments set forth by article 164 of the education law.
   §  5.  This  act shall take effect immediately; provided, however that
 section one of this act shall take effect two years after this act shall
 have become a law.