Bill Text: OR SB723 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the regulation of polysomnography; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2011-08-03 - Effective date, August 2, 2011. [SB723 Detail]

Download: Oregon-2011-SB723-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 723

LC 1044/SB 723-2

                      SENATE AMENDMENTS TO
                         SENATE BILL 723

  By COMMITTEE ON HEALTH CARE, HUMAN SERVICES AND RURAL HEALTH
                             POLICY

                            April 20

  On page 1 of the printed bill, delete lines 6 through 28 and
delete page 2.
  On page 3, delete lines 1 through 10 and insert:
  '  { +  SECTION 1. + } ORS 688.800 is amended to read:
  ' 688.800. As used in ORS 688.800 to 688.840:
  '  { - (1) 'Board' means the Respiratory Therapist Licensing
Board, established within the Oregon Health Licensing Agency. - }

  '  { +  (1) 'Polysomnographic technologist' means a person
licensed under section 8 of this 2011 Act.
  ' (2) 'Polysomnography' means the treatment, management,
diagnostic testing, education and care of patients with disorders
related to sleep. 'Polysomnography' includes, but is not limited
to:
  ' (a) The use of the following during treatment, management,
diagnostic testing, education and care of patients with disorders
related to sleep:
  ' (A) Supplemental low-flow oxygen therapy, using up to six
liters per minute of oxygen;
  ' (B) Continuous or bilevel positive airway pressure titration
on spontaneously breathing patients using a mask or oral
appliance, if the mask or oral appliance does not extend into the
trachea or attach to an artificial airway;
  ' (C) Capnography;
  ' (D) Cardiopulmonary resuscitation;
  ' (E) Pulse oximetry;
  ' (F) Sleep staging, including surface electroencephalography,
surface electrooculography and submental surface
electromyography;
  ' (G) Electrocardiography;
  ' (H) Respiratory effort monitoring, including thoracic and
abdominal movement monitoring;
  ' (I) Plethysmography blood flow monitoring;
  ' (J) Snore monitoring;
  ' (K) Audio or video monitoring of movement or behavior;
  ' (L) Body movement monitoring;
  ' (M) Nocturnal penile tumescence monitoring, when performed in
a facility approved by the Respiratory Therapist and
Polysomnographic Technologist Licensing Board;
  ' (N) Nasal and oral airflow monitoring;
  ' (O) Body temperature monitoring; or
  ' (P) Portable monitoring devices and other medical equipment
used to treat sleep disorders;
  ' (b) Analyzing data for the purpose of assisting a physician
who diagnoses and treats disorders related to sleep;
  ' (c) Implementation and monitoring of durable medical
equipment used in the treatment of sleep disorders; and
  ' (d) Educating patients and immediate family members of
patients regarding testing and treatment of sleep disorders.
  ' (3) 'Qualified medical director for polysomnography' means
the medical director of an inpatient or outpatient
polysomnography facility who is a physician licensed under ORS
chapter 677, has special interest and knowledge in the diagnosis
and treatment of sleep disorders and is actively practicing in
the field of sleep disorders. + }
  '  { - (2) - }   { + (4) + } 'Qualified medical director { +
for respiratory care + } ' means the medical director of any
inpatient or outpatient respiratory care service, department or
home care agency who is a physician licensed   { - by the State
of Oregon - }   { + under ORS chapter 677 + } and who has special
interest and knowledge in the diagnosis and treatment of
respiratory problems.
  '  { - (3) - }   { + (5) + } 'Respiratory care' means the
treatment, management, diagnostic testing, control and care of
patients with deficiencies and abnormalities associated with the
cardiopulmonary system   { - in accordance with the prescription
of a licensed physician and under a qualified medical
director - } . 'Respiratory care' includes, but is not limited
to:
  ' (a) Direct and indirect respiratory care services, including
but not limited to the administration of pharmacological,
diagnostic and therapeutic agents related to respiratory care
procedures necessary to implement a treatment, disease
prevention, pulmonary rehabilitative or diagnostic regimen
prescribed by a physician;
  ' (b) Transcription and implementation of the written or verbal
orders of a physician pertaining to the practice of respiratory
care;
  ' (c) Observing and monitoring signs and symptoms, reactions,
general behaviors, general physical responses to respiratory care
treatment and diagnostic testing, including determination of
whether such signs, symptoms, reactions, general behaviors or
general physical responses exhibit abnormal characteristics;
  ' (d) Implementation based on observed abnormalities, or
appropriate reporting, referral, respiratory care protocols or
changes in treatment, pursuant to a prescription by a person
authorized to practice medicine under the laws of this state; and
  ' (e) The initiation of emergency procedures under the rules of
the board or as otherwise permitted under ORS 688.800 to 688.840.
  '  { - (4) - }   { + (6) + } 'Respiratory care practitioner'
means a person licensed under ORS   { - 688.800 to 688.840 - }
 { +  688.815 + }.
  '  { - (5) - }   { + (7) + } 'Respiratory care services' means
cardiopulmonary care services   { - rendered in accordance with
the prescription of a licensed physician and includes - }  { +
including + }, but   { - is - }  not limited to, the diagnostic
and therapeutic use of the following:
  ' (a) Except for the purpose of anesthesia, administration of
medical gases, aerosols and humidification;
  ' (b) Environmental control mechanisms and hyperbaric therapy;
  ' (c) Pharmacologic agents related to respiratory care
procedures;
  ' (d) Mechanical or physiological ventilatory support;
  ' (e) Bronchopulmonary hygiene;
  ' (f) Cardiopulmonary resuscitation;
  ' (g) Maintenance of the natural airway;
  ' (h) Maintenance of artificial airways;
  ' (i) Specific diagnostic and testing techniques employed in
the medical management of patients to assist in diagnosis,
monitoring, treatment and research of pulmonary abnormalities,
including measurements of ventilatory volumes, pressures and
flows, collection of specimens of blood and blood gases, expired
and inspired gas samples, respiratory secretions and pulmonary
function testing; and

  ' (j) Hemodynamic and other related physiologic measurements of
the cardiopulmonary system.'.
  In line 35, delete 'place' and insert 'setting'.
  In lines 37 and 38, restore the bracketed material.
  In line 38, after 'director' insert 'for respiratory care'.
  In line 41, delete 'place' and insert 'setting'.
  Delete lines 42 and 43 and insert:
  ' (b) Must be performed in accordance with the prescription or
verbal order of a physician or physician assistant licensed under
ORS chapter 677 or a nurse practitioner licensed under ORS
678.375 to 678.390 and under the direction of a qualified medical
director for polysomnography.'.
  On page 4, delete lines 3 and 4 and insert:
  ' (2) A polysomnographic technologist may use the title '
Licensed Polysomnographic Technologist' and the abbreviation '
LPSGT.' ' .
  On page 5, delete lines 34 through 36 and insert:
  ' (1) ORS 688.800 to 688.840 do not prohibit a respiratory care
practitioner from practicing polysomnography in accordance with
the prescription or verbal order of a physician and under the
direction of a qualified medical director for respiratory care or
for polysomnography.'.
  On page 6, line 3, after 'director' insert 'for polysomnography
or for respiratory care'.
  On page 7, delete lines 10 through 12.
  In line 13, delete '(c)' and insert '(b)'.
  In line 14, delete '(d)' and insert '(c)'.
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