Bill Text: NY S00614 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to creating a license requirement for the profession of prosthetics.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S00614 Detail]

Download: New_York-2019-S00614-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           614
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  BOYLE  -- 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  creating  a  license
          requirement for the profession of prosthetics
          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 169 to
     2  read as follows:
     3                                 ARTICLE 169
     4                                 PROSTHETICS
     5  Section 8900. Introduction.
     6          8901. Definition of the practice of prosthetics.
     7          8902. State board for prosthetics.
     8          8903. Requirements for a professional license.
     9          8904. Limited permits.
    10          8905. Exempt persons; special provisions.
    11    § 8900. Introduction. This article applies to the profession of  pros-
    12  thetics. The general provisions for all professions contained in article
    13  one hundred thirty of this title apply to this article.
    14    § 8901. Definition of the practice of prosthetics. The practice of the
    15  profession  of  prosthetics  is  defined  as the practice of evaluating,
    16  treatment formulating, measuring,  designing,  fabricating,  assembling,
    17  fitting,  adjusting, servicing, or providing the initial training neces-
    18  sary to accomplish the fitting  of  a  prosthesis.  A  prosthesis  is  a
    19  custom-fabricated  or  custom-fitted  medical  device  used to replace a
    20  missing limb, appendage, or other external human body part.  It does not
    21  include surgically implanted devices,  artificial  eyes,  dental  appli-
    22  ances,  or  cosmetic  devices  such as artificial breasts, eyelashes, or
    23  wigs.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04334-01-9
        S. 614                              2
     1    § 8902. State board for prosthetics. A  state  board  for  prosthetics
     2  shall  be  appointed  by  the  board of regents on recommendation of the
     3  commissioner for the purpose of assisting the board of regents  and  the
     4  department on matters of professional licensing and professional conduct
     5  in  accordance  with section sixty-five hundred eight of this title. The
     6  board shall be composed of not less than seven  prosthetists  who  shall
     7  have been residents of this state engaged in the practice of prosthetics
     8  for  at  least  five  years in this state. An executive secretary to the
     9  board shall be appointed by the board of regents  on  recommendation  of
    10  the commissioner.
    11    §  8903.  Requirements  for  a  professional license. To qualify for a
    12  license as an prosthetist, an  applicant  shall  fulfill  the  following
    13  requirements:
    14    1. Application: file an application with the department;
    15    2.  Education:  have  received  a  bachelor of science or higher-level
    16  postgraduate degree in prosthetics from an accredited college or univer-
    17  sity recognized by the commission  on  accreditation  of  allied  health
    18  education programs or, at a minimum, a bachelor's degree from an accred-
    19  ited  college  or  university  and  a  certificate in prosthetics from a
    20  program recognized by the commission on accreditation of  allied  health
    21  education programs, or its equivalent, as determined by the board;
    22    3.  Experience:  have  experience  satisfactory  to  the  board and in
    23  accordance with the commissioner's regulations;
    24    4. Examination: pass an examination satisfactory to the board  and  in
    25  accordance with the commissioner's regulations;
    26    5. Age: be at least eighteen years of age;
    27    6. Citizenship: meet no requirement as to United States citizenship;
    28    7.  Character: be of good moral character as determined by the depart-
    29  ment; and
    30    8. Fees: pay a fee of one hundred seventy dollars  to  the  department
    31  for  admission  to a department conducted examination and for an initial
    32  license, a fee of eighty-five dollars for each reexamination, a  fee  of
    33  one  hundred  fifteen  dollars  for  an  initial license for persons not
    34  requiring admission to a department conducted examination, and a fee  of
    35  one hundred fifty-five dollars for each triennial registration period.
    36    §  8904.  Limited permits. On recommendation of the board, the depart-
    37  ment may issue a limited permit to  practice  as  a  prosthetist  to  an
    38  applicant  holding  a  certificate  or  license  to practice prosthetics
    39  issued by another state or country, and whose qualifications  have  been
    40  approved for admission to the examination for a license as a prosthetist
    41  and  who  has  resided  in  this state for a period of not more than six
    42  months prior to the filing of such application. The limited permit shall
    43  be valid for a period of not more than twelve months, or until ten  days
    44  after  notification  to  the  applicant  of  failure of the professional
    45  licensing examination or until the results of  a  licensing  examination
    46  for  which  the applicant is eligible are officially released, whichever
    47  comes first.
    48    § 8905. Exempt persons; special provisions. This article shall not  be
    49  construed to affect or prevent:
    50    1.  A  person  performing  services for the federal government, if the
    51  person provides prosthetic care solely under the direction or control of
    52  the organization by which that person is employed;
    53    2. A student, fellow, or trainee in prosthetics pursuing a  course  of
    54  study  at an accredited college or university or working in a recognized
    55  training center  or  research  facility,  provided  the  activities  and
        S. 614                              3
     1  services  are  part  of  a  regular  course  of study under a supervisor
     2  licensed under this article;
     3    3.  An  instructor  in  a regionally accredited university or college,
     4  while performing regularly assigned work under the curriculum of such  a
     5  school; or
     6    4. This article does not require an additional license of, or regulate
     7  the  practice of, any other licensed health care professional within the
     8  state, or prevent a qualified member of  any  other  profession  or  any
     9  person  employed  under  the supervision of such a licensed professional
    10  from doing work of a nature consistent with that person's  training,  as
    11  long as the person does not hold himself or herself out to the public as
    12  a licensee under this article.
    13    § 2. This act shall take effect immediately.