S T A T E O F N E W Y O R K ________________________________________________________________________ 6799--A 2015-2016 Regular Sessions I N A S S E M B L Y April 2, 2015 ___________ Introduced by M. of A. GALEF -- 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 state licensure of orthopaedic technologists THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new article 168 to 2 read as follows: 3 ARTICLE 168 4 ORTHOPAEDIC TECHNOLOGISTS 5 SECTION 8900. INTRODUCTION. 6 8901. DEFINITION OF THE PRACTICE OF ORTHOPAEDIC TECHNOLOGY. 7 8902. USE OF THE TITLE "ORTHOPAEDIC TECHNOLOGIST". 8 8903. REQUIREMENTS FOR PROFESSIONAL LICENSURE. 9 8904. LIMITED PERMITS. 10 8905. EXEMPTIONS. 11 8906. STATE BOARD. 12 S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF ORTHO- 13 PAEDIC TECHNOLOGY AND TO THE USE OF THE TITLE "ORTHOPAEDIC TECHNOLO- 14 GIST". THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE 15 ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE. 16 S 8901. DEFINITION OF THE PRACTICE OF ORTHOPAEDIC TECHNOLOGY. THE 17 PRACTICE OF ORTHOPAEDIC TECHNOLOGY BY AN ORTHOPAEDIC TECHNOLOGIST SHALL 18 MEAN THE PERFORMANCE OF THE FOLLOWING MEDICAL SERVICES UNDER THE SUPER- 19 VISION OF A PHYSICIAN OR SURGEON INVOLVED IN THE MUSCULOSKELETAL CARE OF 20 PATIENTS: 21 1. PATIENT ASSESSMENT FOR PURPOSES OF ORTHOPAEDIC PROCEDURES; 22 2. APPLYING AND REMOVING CASTS; 23 3. MEASURING AND FITTING PATIENTS FOR ORTHOPAEDIC BRACES, DEVICES, AND 24 AMBULATORY AIDS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06508-02-5 A. 6799--A 2 1 4. ASSISTING IN THE APPLICATION, MAINTENANCE, AND ADJUSTMENT OF SKELE- 2 TAL TRACTION; 3 5. FABRICATING AND APPLYING SPLINTS AND BANDAGES; 4 6. REMOVING SUTURES, STAPLES,AND PINS RELATED TO ORTHOPAEDIC PROCE- 5 DURES; 6 7. INSTRUCTING PATIENTS IN THE CARE OF CASTS, SPLINTS, BRACES, OR 7 ORTHOPAEDIC DEVICES AND RELATED SKIN CARE; AND 8 8. ASSISTING A PHYSICIAN AND SURGEON IN ORTHOPAEDIC SURGICAL PROCE- 9 DURES. 10 FOR THE PURPOSES OF THIS ARTICLE, "SUPERVISION" SHALL MEAN A LICENSED 11 PHYSICIAN OR SURGEON'S OVERSIGHT OF THE ACTIVITIES OF, AND RESPONSIBIL- 12 ITY FOR, THE MEDICAL SERVICES RENDERED BY AN ORTHOPAEDIC TECHNOLOGIST. 13 S 8902. USE OF THE TITLE "ORTHOPAEDIC TECHNOLOGIST". NO PERSON, OTHER 14 THAN ONE WHO IS CURRENTLY CERTIFIED AS AN ORTHOPAEDIC TECHNOLOGIST, 15 SHALL PRACTICE AS AN ORTHOPAEDIC TECHNICIAN OR IN A SIMILAR CAPACITY OR 16 HOLD HIMSELF OR HERSELF OUT AS AN "ORTHOPAEDIC TECHNOLOGIST," OR SHALL 17 USE ANY OTHER TERM INDICATING OR IMPLYING THAT HE OR SHE IS AN ORTHO- 18 PAEDIC TECHNOLOGIST. 19 S 8903. REQUIREMENTS FOR PROFESSIONAL LICENSURE. TO QUALIFY FOR 20 CERTIFICATION AS A CERTIFIED ORTHOPAEDIC TECHNOLOGIST, AN APPLICANT 21 SHALL FULFILL THE FOLLOWING REQUIREMENTS: 22 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; 23 2. EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF ORTHOPAEDIC TECHNOL- 24 OGY SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE 25 COMMISSIONER'S REGULATIONS; 26 3. EXAMINATION: PASS NATIONAL BOARD FOR CERTIFIED ORTHOPEDIC TECHNOLO- 27 GISTS, INC. EXAMINATION ACCEPTABLE TO THE BOARD AND THE DEPARTMENT IN 28 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 29 4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; 30 5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- 31 MENT; AND 32 6. FEE: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL 33 LICENSE AND A FEE OF EIGHTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION 34 PERIOD. 35 S 8904. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE 36 AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS, 37 AS FOLLOWS: 38 1. ELIGIBILITY. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED 39 PERMIT: 40 (A) A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A PROFES- 41 SIONAL ORTHOPAEDIC TECHNOLOGIST EXCEPT THOSE RELATING TO EXAMINATION OR 42 EXPERIENCE; OR 43 (B) A STUDENT ENROLLED IN A GRADUATE OR POST-GRADUATE CURRICULUM 44 SUBSTANTIALLY PERTAINING TO ORTHOPAEDIC TECHNOLOGY AS DETERMINED AND 45 APPROVED BY THE DEPARTMENT; 46 2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE 47 ORTHOPAEDIC TECHNOLOGY ONLY UNDER THE DIRECT AND IMMEDIATE SUPERVISION 48 OF A PROFESSIONAL ORTHOPAEDIC TECHNOLOGIST; 49 3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY BE 50 RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT; AND 51 4. FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE 52 SIXTY DOLLARS. 53 S 8905. EXEMPTIONS. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO 54 AFFECT, PREVENT OR IN ANY MANNER EXPAND OR LIMIT THE AUTHORITY OF ANY 55 PERSON OTHERWISE AUTHORIZED BY LAW OR REGULATION TO PRACTICE ANY FUNC- 56 TION OF AN ORTHOPAEDIC TECHNOLOGIST. A. 6799--A 3 1 S 8906. STATE BOARD. A STATE BOARD FOR ORTHOPAEDIC TECHNOLOGY SHALL BE 2 APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER 3 FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON 4 MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE 5 WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL BE 6 COMPOSED OF AT LEAST THREE LICENSED ORTHOPAEDIC TECHNOLOGISTS AND AT 7 LEAST THREE PUBLIC REPRESENTATIVES WHO DO NOT HOLD INTERESTS IN THE 8 ORGANIZATION, FINANCING, OR DELIVERY OF ORTHOPAEDIC TECHNOLOGIES. ADDI- 9 TIONALLY, THE BOARD SHALL CONTAIN ONE PHYSICIAN WHO SHALL BE A SPECIAL- 10 IST IN MUSCULOSKELETAL CARE. MEMBERS OF THE FIRST BOARD NEED NOT BE 11 LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. THE TERMS OF THE FIRST 12 APPOINTED MEMBERS SHALL NOT EXCEED FIVE YEARS AND MAY BE RENEWED FOR A 13 PERIOD OF THREE ADDITIONAL YEARS AT THE DISCRETION OF THE COMMISSIONER. 14 S 2. This act shall take effect on the first of January next succeed- 15 ing the date on which it shall have become a law.