S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6799
                              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
       AN ACT to amend the education law, in relation  to  state  licensure  of
         orthopaedic technicians
         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 TECHNICIANS
    5  SECTION 8900. INTRODUCTION.
    6          8901. DEFINITION OF THE PRACTICE OF ORTHOPAEDIC TECHNOLOGY.
    7          8902. USE OF THE TITLE "ORTHOPAEDIC TECHNICIAN".
    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  TECHNICIAN".
   14  THE  GENERAL  PROVISIONS  FOR  ALL  PROFESSIONS CONTAINED IN ARTICLE ONE
   15  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 TECHNICIAN 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.
                                                                  LBD06508-01-5
       A. 6799                             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 TECHNICIAN.
   13    S 8902. USE OF THE TITLE "ORTHOPAEDIC TECHNICIAN".  NO  PERSON,  OTHER
   14  THAN  ONE WHO IS CURRENTLY CERTIFIED AS AN ORTHOPAEDIC TECHNICIAN, SHALL
   15  PRACTICE AS AN ORTHOPAEDIC TECHNICIAN OR IN A SIMILAR CAPACITY  OR  HOLD
   16  HIMSELF  OR HERSELF OUT AS AN "ORTHOPAEDIC TECHNICIAN," OR SHALL USE ANY
   17  OTHER TERM INDICATING OR IMPLYING THAT HE OR SHE IS AN ORTHOPAEDIC TECH-
   18  NICIAN.
   19    S 8903.  REQUIREMENTS  FOR  PROFESSIONAL  LICENSURE.  TO  QUALIFY  FOR
   20  CERTIFICATION  AS A CERTIFIED ORTHOPAEDIC TECHNICIAN, AN APPLICANT SHALL
   21  FULFILL THE FOLLOWING REQUIREMENTS:
   22    1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   23    2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING  A  BACHELOR'S  OR
   24  HIGHER  DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
   25  BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF,  IN  ACCORD-
   26  ANCE WITH THE COMMISSIONER'S REGULATIONS;
   27    3. EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF ORTHOPAEDIC TECHNOL-
   28  OGY  SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE
   29  COMMISSIONER'S REGULATIONS;
   30    4. EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE  BOARD  AND  THE
   31  DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   32    5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   33    6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   34  MENT; AND
   35    7. FEE: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR  AN  INITIAL
   36  LICENSE AND A FEE OF EIGHTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION
   37  PERIOD.
   38    S  8904.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
   39  AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO  ELIGIBLE  APPLICANTS,
   40  AS FOLLOWS:
   41    1.  ELIGIBILITY. THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED
   42  PERMIT:
   43    (A) A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A  PROFES-
   44  SIONAL  ORTHOPAEDIC  TECHNICIAN  EXCEPT THOSE RELATING TO EXAMINATION OR
   45  EXPERIENCE; OR
   46    (B) A STUDENT ENROLLED  IN  A  GRADUATE  OR  POST-GRADUATE  CURRICULUM
   47  SUBSTANTIALLY  PERTAINING  TO  ORTHOPAEDIC  TECHNOLOGY AS DETERMINED AND
   48  APPROVED BY THE DEPARTMENT;
   49    2. LIMIT OF PRACTICE. A PERMITTEE  SHALL  BE  AUTHORIZED  TO  PRACTICE
   50  ORTHOPAEDIC  TECHNOLOGY  ONLY UNDER THE DIRECT AND IMMEDIATE SUPERVISION
   51  OF A PROFESSIONAL ORTHOPAEDIC TECHNICIAN;
   52    3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY  BE
   53  RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT; AND
   54    4.  FEE. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
   55  SIXTY DOLLARS.
       A. 6799                             3
    1    S 8905. EXEMPTIONS. NOTHING IN THIS  ARTICLE  SHALL  BE  CONSTRUED  TO
    2  AFFECT,  PREVENT  OR  IN ANY MANNER EXPAND OR LIMIT THE AUTHORITY OF ANY
    3  PERSON OTHERWISE AUTHORIZED BY LAW OR REGULATION TO PRACTICE  ANY  FUNC-
    4  TION OF AN ORTHOPAEDIC TECHNICIAN.
    5    S 8906. STATE BOARD. A STATE BOARD FOR ORTHOPAEDIC TECHNOLOGY SHALL BE
    6  APPOINTED  BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER
    7  FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT  ON
    8  MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE
    9  WITH  SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL BE
   10  COMPOSED OF AT LEAST THREE LICENSED ORTHOPAEDIC TECHNICIANS AND AT LEAST
   11  THREE PUBLIC REPRESENTATIVES WHO DO NOT HOLD INTERESTS IN THE  ORGANIZA-
   12  TION, FINANCING, OR DELIVERY OF ORTHOPAEDIC TECHNOLOGIES.  ADDITIONALLY,
   13  THE  BOARD  SHALL  CONTAIN  ONE  PHYSICIAN  WHO SHALL BE A SPECIALIST IN
   14  MUSCULOSKELETAL CARE. MEMBERS OF THE FIRST BOARD NEED  NOT  BE  LICENSED
   15  PRIOR  TO  THEIR  APPOINTMENT  TO  THE  BOARD.  THE  TERMS  OF THE FIRST
   16  APPOINTED MEMBERS SHALL NOT EXCEED FIVE YEARS AND MAY BE RENEWED  FOR  A
   17  PERIOD OF THREE ADDITIONAL YEARS AT THE DISCRETION OF THE COMMISSIONER.
   18    S  2. This act shall take effect on the first of January next succeed-
   19  ing the date on which it shall have become a law.