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.