Subpart 79-4, Respiratory Therapy, Respiratory Therapy Technician, and Polysomnographic Technologist

§79-4.1 Definitions. | §79-4.2 Professional study of respiratory therapy and respiratory therapy technician. | §79-4.3 Professional licensing examinations. | §79-4.4 Limited permits. | §79-4.5 Special provisions for licensure. | §79-4.6 Continuing education for respiratory therapist. | §79-4.7 Continuing education for respiratory therapy technician. | §79-4.8 Definitions of the practice of polysomnographic technology and use of the title. | §79-4.9 Requirements and procedures for professional authorization. | §79-4.10 Professional study of polysomnographic technology. | §79-4.11 Experience requirements for polysomnographic technologist authorization. | §79-4.12 Examination for authorization as a polysomnographic technologist. | §79-4.13 Moral character for polysomnographic technologist authorization. | §79-4.14 Student authorization. | §79-4.15 Limited permit authorization. | §79-4.16 Special provisions for authorization for polysomnographic technologists. | §79-4.17 Disciplinary authority for polysomnographic technologists.

§79-4.1 Definitions.

As used in this Subpart:

  1. Acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent, and nondiscriminatory manner, such as an agency recognized for these purposes by the United States Department of Education.
  2. Board shall mean the State Board for Respiratory Therapy.
  3. Equivalent shall mean substantially the same, as determined by the department.

§79-4.2 Professional study of respiratory therapy and respiratory therapy technician.

  1. Respiratory therapy. To meet the professional education requirement for licensure as a respiratory therapist in this State, the applicant shall present evidence of:
    1. graduation from high school, or the equivalent; and
    2. completion of an associate or higher degree program in respiratory therapy, or until June 30, 1999, a two-year program that is registered by the department pursuant to section 52.19 of this Title or is accredited by an acceptable accrediting agency or is the equivalent.
  2. Respiratory therapy technician. To meet the professional education requirement for licensure as a respiratory therapy technician in this State, the applicant shall present evidence of:
    1. graduation from high school, or the equivalent; and
    2. completion of a one-year program in respiratory therapy technician leading to a certificate that is registered by the department pursuant to section 52.19 of this Title or is accredited by an acceptable accrediting agency or is the equivalent.

§79-4.3 Professional licensing examinations.

  1. Respiratory therapy.
    1. Each candidate for licensure as a respiratory therapist shall pass an examination that is determined by the department to measure the applicant's knowledge of curricular areas as defined in section 52.19(b) of this Title and other matters of law, ethics, or practice as may be deemed appropriate by the department.
    2. Education requirements for admission. Notwithstanding the provisions of section 59.2 of this Title, an applicant for licensure shall not be required to satisfy education requirements before being admitted to a professional licensing examination in respiratory therapy. Such education requirements shall be completed prior to licensure.
    3. Grade retention. The grade retention limitations of section 59.5(f) of this Title shall not be applicable to a professional licensing examination in respiratory therapy.
    4. Passing standard. The passing standard for each examination shall be determined by the board.
  2. Respiratory therapy technician.
    1. Each candidate for licensure as a respiratory therapy technician shall pass an examination that is determined by the department to measure the applicant's knowledge of curricular areas as defined in section 52.19(c) of this Title and other matters of law, ethics, or practice as may be deemed appropriate by the department.
    2. Education requirements for admission. Notwithstanding the provisions of section 59.2 of this Title, an applicant for licensure shall not be required to satisfy education requirements before being admitted to a professional licensing examination in respiratory therapy technician. Such education requirements shall be completed prior to licensure.
    3. Grade retention. The grade retention limitations of section 59.5(f) of this Title shall not be applicable to a professional licensing examination in respiratory therapy technician.
    4. Passing standard. The passing standard for the examination shall be determined by the board.

§79-4.4 Limited permits.

  1. As used in this section, direct supervision shall mean that, when professional services are being rendered by the holder of a limited permit in respiratory therapy or respiratory therapy technician, a supervising licensed physician or respiratory therapist shall be on site at all times and shall be constantly accessible and available to render physical assistance, as required.
  2. Respiratory therapy. As provided in section 8506 of the Education Law, respiratory therapy permits limited as to eligibility, practice, and duration shall be issued by the department to eligible applicants as follows:
    1. A person who fulfills all requirements for licensure as a respiratory therapist, except that relating to the examination, shall be eligible for a limited permit as a respiratory therapist.
    2. A respiratory therapy permittee shall be authorized to practice only under the direct supervision of a licensed physician or otherwise legally authorized physician or a licensed respiratory therapist as prescribed in section 8506(2) of the Education Law.
    3. An application for a limited permit in respiratory therapy shall be submitted on a form provided by the department and shall be accompanied by the statutory fee.
  3. Respiratory therapy technician. As provided in section 8511 of the Education Law, respiratory therapy technician permits limited as to eligibility, practice, and duration shall be issued by the department to eligible applicants as follows:
    1. A person who fulfills all requirements for licensure as a respiratory therapy technician, except that relating to the examination, shall be eligible for a limited permit as a respiratory therapy technician.
    2. A respiratory therapy technician permittee shall be authorized to practice only under the direct supervision of a licensed respiratory therapist or a licensed or otherwise legally authorized physician.
    3. An application for a limited permit as a respiratory therapy technician shall be submitted on a form provided by the department and shall be accompanied by the statutory fee.

§79-4.5 Special provisions for licensure.

  1. Respiratory therapy. An applicant who is at least 18 years of age and of good moral character, as determined by the department, shall be licensed without examination provided that, prior to January 1, 1995, the applicant files an application, pays the statutory fee to the department, and:
    1. is registered by a national certifying or accrediting board for respiratory therapists acceptable to the department;
    2. prior to January 1, 1994, practiced respiratory therapy for not fewer than three years between January 1, 1989 and January 1, 1994 in a hospital in the State (hospital as defined in article 28 of the Public Health Law); or
    3. has met the educational standards of a hospital in the State (hospital as defined in article 28 of the Public Health Law) or, in the case of a hospital operated by a public benefit corporation, has met the educational standards of such corporation, and has practiced as a respiratory therapist for at least one year in such hospital.
  2. Respiratory therapy technician. An applicant who is at least 18 years of age and of good moral character, as determined by the department, shall be licensed without examination provided that, prior to January 1, 1995, the applicant files an application, pays the appropriate fee to the department, and:
    1. is certified by a national certifying or accrediting board for respiratory therapy technicians acceptable to the department;
    2. prior to January 1, 1994, practiced as a respiratory therapy technician for not fewer than two years between January 1, 1989 and January 1, 1994 in a hospital in the State (hospital as defined in article 28 of the Public Health Law); or
    3. has met the educational standards of a hospital in the State (hospital as defined in article 28 of the Public Health Law) or, in the case of a hospital operated by a public benefit corporation, has met the educational standards of such corporation, and has practiced as a respiratory therapy technician for at least one year in such hospital.

§79-4.6 Continuing education for respiratory therapist.

  1. Applicability of requirement.
    1. Each licensed respiratory therapist, required under Article 164 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (b) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision.
    2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (b) of this section:
        1. licensees for the triennial registration period during which they are first licensed to practice respiratory therapy in New York State, exclusive of those first licensed to practice respiratory therapy in New York State pursuant to an endorsement of a license of another jurisdiction; and
        2. licensees whose first registration date following January 1, 2000 occurs prior to January 1, 2001, for periods prior to such registration date; and
        3. licensees who are not engaged in the practice of respiratory therapy, as evidenced by not being registered to practice in New York State, except as otherwise provided in paragraph (b)(2) of this section to meet the education requirements for the resumption of practice after a lapse in practice for a licensee who has not lawfully practiced continuously in another jurisdiction throughout such lapse period.
      2. Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (b) of this section, shall be made by the department, provided that the licensee documents good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or extreme hardship which in the judgement of the department makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.
  2. Mandatory continuing education requirement.
    1. During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 30 hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, provided that no more than 15 hours of such continuing education shall consist of self-study courses. Any licensed respiratory therapist whose first registration date following January 1, 2000 occurs less than three years from that date, but on or after January 1, 2001, shall complete continuing education hours on a prorated basis at the rate of five-sixths of one hour of acceptable formal continuing education per month for the period beginning January 1, 2000 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2000 and ending before the first day of the new registration period or at the option of the licensee during any time in the previous registration period.
    2. Requirement for lapse in practice.
      1. A licensee returning to the practice of respiratory therapy after a lapse in practice, as evidenced by not being registered to practice in New York State, whose first registration date after such lapse in practice and following January 1, 2000 occurs less than three years from January 1, 2000, but on or after January 1, 2001, shall be required to complete:
        1. at least five-sixths of one hour of acceptable formal continuing education for each month beginning with January 1, 2000 until the beginning of the new registration period, which shall be completed for a licensee who has not lawfully practiced respiratory therapy continuously in another jurisdiction throughout such lapse period, in the 12-month period before the beginning of the new registration period; and for a licensee who has lawfully practiced respiratory therapy continuously in another jurisdiction throughout such lapse period, in the new registration period or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of such registration period; and
        2. for a licensee who has not lawfully practiced respiratory therapy continuously in another jurisdiction throughout such lapse period, at least 10 hours of acceptable formal continuing education in each successive 12-month period of the new registration period; and for a licensee who has lawfully practiced respiratory therapy continuously in another jurisdiction throughout such lapse period, the regular continuing education requirement during the new registration period.
      2. Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice of respiratory therapy after a lapse in practice in which the licensee was not registered to practice in New York Sate and did not lawfully practice respiratory therapy continuously in another jurisdiction throughout the lapse period, shall be required to complete:
        1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
        2. at least five-sixths of one hour of acceptable formal continuing education for each month of lapsed registration up to a maximum of 30 hours, which shall be completed in the 12 months before the beginning of the new registration period; and
        3. at least 10 hours of acceptable formal continuing education in each succeeding 12-month period, after such registration is reissued, until the next registration date.
      3. Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice of respiratory therapy after a lapse in practice in which the licensee was not registered to practice in New York State but did lawfully practice respiratory therapy continuously in another jurisdictions throughout the lapse period, shall be required to complete:
        1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
        2. at least five-sixths of one hour of acceptable formal continuing education for each month of lapsed registration up to a maximum of 30 hours, which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of the new registration period; and
        3. the regular continuing education requirement during the new registration period.
    3. Proration. If a registration period is less than three years in duration, a licensed respiratory therapist shall complete acceptable formal continuing education at the rate of five-sixths of one hour of continuing education per month for such registration period.
    4. To be acceptable to the department, formal continuing education shall be formal courses of learning and approved self-study which contribute to professional practice in respiratory therapy:
      1. in any one or more of the following curricular areas: relevant disease management, child abuse, vent management, airway management, conscious sedation, pharmacology, infection control, electrocardiogram, hemodynamics, documentation, legal aspects, ethics, safety, respiratory care equipment management, cardiopulmonary resuscitation, advanced cardiac life support, pediatric advanced life support, and neonatal resuscitation protocols, or other topics which contribute to the professional practice in respiratory therapy as such practice is defined in section 8501 of the Education Law, or other matters of health care, law, and ethics which contribute to the health and welfare of the public; and
      2. obtained from a sponsor approved by the department pursuant to subdivision (g) of this section.
  3. Renewal of registration. At each reregistration, licensed respiratory therapists shall certify to the department that they have either complied with the continuing education requirements, as prescribed in subdivision (b) of this section; or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (a) of this section.
  4. Conditional registration.
    1. The department shall issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:
      1. the licensee agrees to remedy such deficiency within the conditional registration period;
      2. the licensee agrees to complete the regular continuing education requirement at the rate of five-sixths of one hour of acceptable formal continuing education per month during such conditional registration period; and
      3. the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of respiratory care consistent with the licensee's practice of respiratory therapy.
    2. The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.
  5. Licensee records. Each licensee subject to this section shall maintain, or ensure access by the department to, a record of completed continuing education which includes: the title of the program, the number of hours completed, the sponsor's name and any identifying number, attendance verification, and the date and location of the program. Such records shall be retained for at least six years from the date of completion of the program and shall be available for review by the department in the administration of the requirements of this section.
  6. Measurement of continuing education study. Continuing education credit shall be granted only for formal courses of learning and approved self study that meet the requirements set forth in subdivision (b) of this section. A minimum of 50 minutes of study shall equal one hour of continuing education credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 hours of continuing education credit, and each quarter-hour of credit shall equal 10 hours of continuing education credit.
  7. Sponsor approval.
    1. To be approved by the department, sponsors of continuing education to licensed respiratory therapists shall meet the requirements of either paragraph (2) or (3) of this subdivision.
    2. The department shall deem approved as a sponsor of continuing education to licensed respiratory therapists:
      1. a sponsor of continuing education that is approved by the American Association for Respiratory Care or an equivalent organization determined by the State Board for Respiratory Therapy to have adequate standards for approving sponsors of continuing education for professionals regulated by Title VIII of the Education Law that include but are not limited to standards that are equivalent to the standards prescribed in clauses (3)(ii)(a), (c), and (d) of this subdivision; or
      2. a postsecondary institution for courses in programs that are registered pursuant to Part 52 of this Title or in equivalent programs that are accredited by an acceptable accrediting agency.
    3. Department review of sponsors.
      1. The department shall conduct a review of sponsors that apply for approval to offer continuing education to licensed respiratory therapists and that are not deemed approved pursuant to the requirements of paragraph (2) of this subdivision.
      2. Organizations desiring to offer continuing education based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision (h) of this section, an application for advance approval as a sponsor at least 90 days prior to the date for the commencement of such continuing education that documents that the organization:
        1. will offer courses of study in any one or more of the following curricular areas: relevant disease management, child abuse, vent management, airway management, conscious sedation, pharmacology, infection control, electrocardiogram, hemodynamics, documentation, legal aspects, ethics, safety, respiratory care equipment management, cardiopulmonary resuscitation, advanced cardiac life support, pediatric advanced life support, and neonatal resuscitation protocols, or other topics which contribute to the professional practice in respiratory therapy as such practice is defined in section 8501 of the Education Law, or other matters of health care, law, and ethics which contribute to the health and welfare of the public;
        2. is an organized educational entity, including but not limited to, a college of respiratory therapy; or a national respiratory therapy association; or a hospital or health maintenance organization; or a national health or healthcare association;
        3. provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a college of respiratory therapy accredited by an acceptable accrediting agency; or instructors who are authorities in the health sciences specially qualified, in the opinion of the State Board for Respiratory Therapy, to conduct such courses;
        4. has a method of assessing the learning of participants, and describes such method; and
        5. will maintain records for at least six years from the date of completion of coursework, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty, a record of attendance of licensed respiratory therapists in such course work, an outline of the course of instruction, date and location of the coursework, and the number of hours for completion of the coursework. In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the department and shall transfer all such records as directed by the department.
      3. Sponsors that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.
      4. The department may conduct site visits of or request information from a sponsor approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a sponsor shall cooperate with the department in permitting such site visits and in providing such information.
      5. A determination by the department that a sponsor approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the sponsor.
  8. Fees.
    1. At the beginning of each registration period, a mandatory continuing education fee of $ 30.00 shall be collected from licensees engaged in practice as a respiratory therapist in New York State, except for those exempt from the requirement pursuant to subparagraph (i) of paragraph (2) of subdivision (a) of this section. This fee shall be in addition to the registration fee required by section 8504 of the Education Law.
    2. Licensees applying for a conditional registration, pursuant to the requirements of subdivision (d) of this section, shall pay a fee that is the same as and in addition to, the fee for the triennial registration required by section 8504 of the Education Law. In addition, such licensees shall pay the mandatory continuing education fee.
    3. Organizations desiring to offer continuing education to licensed respiratory therapists and/or respiratory therapy technicians based upon a department review, pursuant to paragraph (3) of subdivision (g) of this section and/or paragraph (3) of subdivision (g) of section 79-4.7 of this Subpart, as applicable, shall submit an application fee of $ 900.00 with its application for the issuance of a permit from the department to become an approved sponsor of a formal continuing education program to licensed respiratory therapists and/or licensed respiratory therapy technicians. Application for a three-year renewal of the permit shall be accompanied by a fee of $ 900.00.

§79-4.7 Continuing education for respiratory therapy technician.

  1. Applicability of requirement.
    1. Each licensed respiratory therapy technician, required under Article 164 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (b) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision.
    2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (b) of this section:
        1. licensees for the triennial registration period during which they are first licensed to practice as a respiratory therapy technician in New York State, exclusive of those first licensed to practice as a respiratory therapy technician in New York State pursuant to an endorsement of a license of another jurisdiction;
        2. licensees whose first registration date following January 1, 2000 occurs prior to January 1, 2001, for periods prior to such registration date; and
        3. licensees who are not engaged in the practice as a respiratory therapy technician, as evidenced by not being registered to practice in New York State, except as otherwise provided in paragraph (b)(2) of this section to meet the education requirements for the resumption of practice after a lapse in practice for a licensee who has not lawfully practiced continuously in another jurisdiction throughout such lapse period.
      2. Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (b) of this section, shall be made by the department, provided that the licensee documents good cause that prevents compliance, which shall include but not be limited to, any of the following reasons: poor health certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or extreme hardship which in the judgement of the department makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.
  2. Mandatory continuing education requirement.
    1. During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 24 hours of formal continuing education acceptable to the department, as defined in paragraph (4) of this subdivision, provided that no more than 12 hours of such continuing education shall consist of self-study courses. Any licensed respiratory therapy technician whose first registration date following January 1, 2000 occurs less than three years from that date, but on or after January 1, 2001, shall complete continuing education hours on a prorated basis at the rate of two-thirds of one hour of acceptable formal continuing education per month for the period beginning January 1, 2000 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2000 and ending before the first day of the new registration period or at the option of the licensee during any time in the previous registration period.
    2. Requirement for lapse in practice.
      1. A licensee returning to the practice as a respiratory therapy technician after a lapse in practice, as evidenced by not being registered to practice in New York State, whose first registration date after such lapse in practice and following January 1, 2000 occurs less than three years from January 1, 2000, but on or after January 1, 2001 shall be required to complete:
        1. at least two-thirds of one hour of acceptable formal continuing education for each month beginning with January 1, 2000 until the beginning of the new registration period, which shall be completed for a licensee who has not lawfully practiced as a respiratory therapy technician continuously in another jurisdiction throughout such lapse period, in the 12-month period before the beginning of the new registration period; and for a licensee who has lawfully practiced as a respiratory therapy technician continuously in another jurisdiction throughout such lapse period, in the new registration period or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of such registration period; and
        2. for a licensee who has not lawfully practiced as a respiratory therapy technician continuously in another jurisdiction throughout such lapse period, at least 8 hours of acceptable formal continuing education in each successive 12-month period of the new registration period; and for a licensee who has lawfully practiced as a respiratory therapy technician continuously in another jurisdiction throughout such lapse period, the regular continuing education requirement during the new registration period.
      2. Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice as a respiratory therapy technician after a lapse in practice in which the licensee was not registered to practice in New York State and did not lawfully practice as a respiratory therapy technician continuously in another jurisdiction throughout the lapse period, shall be required to complete:
        1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period;
        2. at least two-thirds of one hour of acceptable formal continuing education for each month of lapsed registration up to a maximum of 24 hours, which shall be completed in the 12 months before the beginning of the new registration period; and
        3. at least 8 hours of acceptable formal continuing education in each succeeding 12-month period, after such registration is reissued, until the next registration date.
      3. Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice of respiratory therapy after a lapse in practice in which the licensee was not registered to practice in New York State but did lawfully practice respiratory therapy continuously in another jurisdiction throughout the lapse period, shall be required to complete:
        1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period;
        2. at least two-thirds of one hour of acceptable formal continuing education for each month of lapsed registration up to a maximum of 24 hours, which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of the new registration period; and
        3. the regular continuing education requirement at the rate of twothirds of one hour of acceptable formal continuing education per month during the new registration period.
    3. Proration. If a registration period is less than three years in duration, a licensed respiratory therapy technician shall complete acceptable formal continuing education at the rate of two-thirds of one hour of continuing education per month for such registration period.
    4. To be acceptable to the department, formal continuing education shall be formal courses of learning which contribute to professional practice as a respiratory therapy technician:
      1. in any one or more of the following curricular areas: relevant disease management, child abuse, vent management, airway management, conscious sedation, pharmacology, infection control, electrocardiogram, hemodynamics, documentation, legal aspects, ethics, safety, respiratory care equipment management, cardiopulmonary resuscitation, advanced cardiac life support, pediatric advanced life support, and neonatal resuscitation protocols, or other topics which contribute to the professional practice as a respiratory therapy technician as such practice is defined in section 8508 of the Education Law, or other matters of health care, law, and ethics which contribute to the health and welfare of the public; and
      2. obtained from a sponsor approved by the department pursuant to subdivision (g) of this section.
  3. Renewal of registration. At each reregistration, licensed respiratory therapy technician shall certify to the department that they have either complied with the continuing education requirements, as prescribed in subdivision (b) of this section; or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (a) of this section.
  4. Conditional registration.
    1. The department shall issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements;
      1. the licensee agrees to remedy such deficiency within the conditional registration period;
      2. the licensee agrees to complete the regular continuing education requirement at the rate of two-thirds of one hour of acceptable formal continuing education per month during such conditional registration period; and
      3. the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of respiratory care consistent with the licensee's practice as a respiratory therapy technician.
    2. The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.
  5. Licensee records. Each licensee subject to this section shall maintain, or ensure access by the department to a record of completed continuing education which includes: the title of the program, the number of hours completed, the sponsor's name and any identifying number, attendance verification, and the date and location of the program. Such records shall be retained for at least six years from the date of completion of the program and shall be available for review by the department in the administration of the requirements of this section.
  6. Measurement of continuing education study. Continuing education credit shall be granted only for formal courses of learning and approved self study that meet the requirements set forth in subdivision (b) of this section. A minimum of 50 minutes of study shall equal one hour of continuing education credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 hours of continuing education credit, and each quarter-hour of credit shall equal 10 hours of continuing education credit.
  7. Sponsor approval.
    1. To be approved by the department, sponsors of continuing education to licensed respiratory therapy technicians shall meet the requirements of either paragraph (2) or (3) of this subdivision.
    2. The department shall deem approved as a sponsor of continuing education to licensed respiratory therapy technicians:
      1. a sponsor of continuing education that is approved by the American Association for Respiratory Care or an equivalent organization determined by the State Board for Respiratory Therapy to have adequate standards for approving sponsors of continuing education for professionals regulated by Title VIII of the Education Law that include but are not limited to standards that are equivalent to the standards prescribed in clauses (3)(ii)(a), (c), and (d) of this subdivision; or
      2. a postsecondary institution for courses in programs that are registered pursuant to Part 52 of this Title or in equivalent programs that are accredited by an acceptable accrediting agency.
    3. Department review of sponsors.
      1. The department shall conduct a review of sponsors that apply for approval to offer continuing education to licensed respiratory therapy technicians and that are not deemed approved pursuant to the requirements of paragraph (2) of this subdivision.
      2. Organizations desiring to offer continuing education based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision (h) of this section, an application for advance approval as a sponsor at least 90 days prior to the date for the commencement of such continuing education that documents that the organization:
        1. will offer courses of study in any one or more of the following curricular areas: relevant disease management, child abuse, vent management, airway management, conscious sedation, pharmacology, infection control, electrocardiogram, hemodynamics, documentation, legal aspects, ethics, safety, respiratory care equipment management, cardiopulmonary resuscitation, advanced cardiac life support, pediatric advanced life support, and neonatal resuscitation protocols, or other topics which contribute to the professional practice as a respiratory therapy technician as such practice is defined in section 8508 of the Education Law, or other matters of health care, law, and ethics which contribute to the health and welfare of the public;
        2. is an organized educational entity, including but not limited to, a college of respiratory therapy; or a national respiratory therapy association; or a hospital or health maintenance organization; or a national health or healthcare association.
        3. provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a college of respiratory therapy accredited by an acceptable accrediting agency; or instructors who are authorities in the health sciences specially qualified, in the opinion of the State Board for Respiratory Therapy, to conduct such courses;
        4. has a method of assessing the learning of participants, and describes such method; and
        5. will maintain records for at least six years from the date of completion of coursework, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty, a record of attendance of licensed respiratory therapy technicians in such course work, an outline of the course of instruction, date and location of the coursework, and the number of hours for completion of the coursework. In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the department and shall transfer all such records as directed by the department.
      3. Sponsors that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.
      4. The department may conduct site visits of or request information from a sponsor approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a sponsor shall cooperate with the department in permitting such site visits and in providing such information.
      5. A determination by the department that a sponsor approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the sponsor.
  8. Fees.
    1. At the beginning of each registration period, a mandatory continuing education fee of $ 25.00 shall be collected from licensees engaged in practice as a respiratory therapy technician in New York State, except for those exempt from the requirement pursuant to subparagraph (i) of paragraph (2) of subdivision (a) of this section. This fee shall be in addition to the registration fee required by section 8510 of the Education Law.
    2. Licensees applying for a conditional registration, pursuant to the requirements of subdivision (d) of this section, shall pay a fee that is the same as and in addition to, the fee for the triennial registration required by section 8510 of the Education Law. In addition, such licensees shall pay the mandatory continuing education fee.
    3. Organizations desiring to offer continuing education to licensed respiratory therapy technicians and/or respiratory therapists based upon a department review, pursuant to paragraph (3) of subdivision (g) of this section and/or paragraph (3) of subdivision (g) of section 79-4.6, as applicable, shall submit an application fee of $ 900.00 with its application for the issuance of a permit from the department to become an approved sponsor of a formal continuing education program to licensed respiratory therapy technicians and/or licensed respiratory therapists. Application for a three-year renewal of the permit shall be accompanied by a fee of $ 900.00.

§79-4.8 Definitions of the practice of polysomnographic technology and use of the title.

  1. Only a person authorized under this Subpart shall participate in the practice of polysomnographic technology as an authorized polysomnographic technologist, and only a person authorized under this Subpart shall use the title "authorized polysomnographic technologist."
  2. The term "practice of polysomnographic technology" shall mean the process of collecting, analyzing, scoring, monitoring and recording physiologic data during sleep and wakefulness to assist the supervising physician in the clinical assessment and diagnosis of sleep/wake disorders and other disorders, syndromes and dysfunctions that either are sleep related, manifest during sleep or disrupt normal sleep/wake cycles and activities. The practice of polysomnographic technology shall include the non-invasive monitoring, diagnostic testing, and initiation and delivery of treatments to determine therapeutic levels of inspiratory and expiratory pressures for individuals suffering from any sleep disorder, as listed in an authoritative classification of sleep disorders acceptable to the department, under the direction and supervision of a licensed physician who is available for consultation at all times during the provision of polysomnographic technology services in any setting. Such services shall not include the use of mechanical ventilators. Such services shall include, but shall not be limited to:
    1. application of electrodes and apparatus necessary to monitor and evaluate sleep disturbances, including application of devices that allow a physician to diagnose and treat sleep disorders, which disorders shall include, but shall not be limited to, insomnia, sleep breathing disorders, movement disorders, disorders of excessive somnolence, and parasomnias, provided, however, that such services shall include the use of oral appliances, but shall not include the use of any artificial airway or the drawing of arterial blood gasses;
    2. implementation of any type of physiologic non-invasive monitoring applicable to polysomnography, including monitoring the therapeutic and diagnostic use on non-ventilated patients of oxygen, continuous positive airway pressure (CPAP) and bi-level positive airway pressure;
    3. implementation of cardiopulmonary resuscitation, maintenance of patient's airway (which does not include endotracheal intubation), and transcription and implementation of physician orders pertaining to the practice of polysomnographic technology;
    4. implementation of non-invasive treatment changes and testing techniques, as described in paragraphs (1) and (2) of this subdivision, and as required for the application of polysomnographic protocols under the direction and supervision of a licensed physician; and
    5. education of patients, family and the public concerning the procedures and treatments used during polysomnographic technology or concerning any equipment or procedure used for the treatment of any sleep disorder.

§79-4.9 Requirements and procedures for professional authorization.

To qualify for authorization as a polysomnographic technologist, an applicant shall be at least 18 years of age, file an application together with the applicable fees with the department, and meet the education, experience, examination and moral character requirements set forth in sections 79-4.10, 79-4.11, 79-4.12, and 79-4.13 of this Subpart, respectively.


§79-4.10 Professional study of polysomnographic technology.

To meet the professional education requirement for authorization as a polysomnographic technologist in this State, the applicant shall present evidence of:

  1. completion of an associate or higher degree in polysomnographic technology:
    1. in a program registered by the department; or
    2. in a program determined by the department to be substantially equivalent to a registered program; or
  2. completion of a course of study which is substantially equivalent to a program determined to be acceptable pursuant to subdivision (a) of this paragraph and which is satisfactory to the department.

§79-4.11 Experience requirements for polysomnographic technologist authorization.

To meet the professional experience requirement for authorization as a polysomnographic technologist in this State, the applicant shall complete such experience as is required in section 52.42 of this Title.


§79-4.12 Examination for authorization as a polysomnographic technologist.

  1. Each candidate for authorization as a polysomnographic technologist shall pass an examination that is determined by the department to measure the applicant’s knowledge, judgment and skills concerning the practice of polysomnographic technology and such other matters of law and/or ethics as may be deemed appropriate by the department.
  2. Grade retention. The grade retention limitations of section 59.5(f) of this Title shall not be applicable to the examination for authorization to practice polysomnographic technology.
  3. Passing standard. The passing standard for the examination shall be determined by the State Board for Respiratory Therapy.

§79-4.13 Moral character for polysomnographic technologist authorization.

Applicants shall be of good moral character, as determined by the department.


§79-4.14 Student authorization.

The practice of polysomnographic technology as an integral part of a program of study by students enrolled in a polysomnographic technology education program approved by the department shall not be prohibited. All such student practice shall be under the direction and supervision of a licensed physician and under the direct and immediate supervision of an authorized polysomnographic technologists or another health care provider licensed under Title VIII of the Education Law, provided that all tasks or responsibilities supervised by the health care provider are within the scope of his or her practice.


§79-4.15 Limited permit authorization.

Authorizations limited as to eligibility, practice and duration shall be issued by the department to eligible applicants as follows:

  1. Eligibility. A person who fulfills all requirements for authorization as a polysomnographic technologist except that related to the examination shall be eligible for a limited permit.
  2. Limit of practice. All practice under a limited permit shall be under the direction and supervision of a licensed physician and under the direct and immediate supervision of a health care provider licensed under Title VIII of the Education Law, provided that all tasks or responsibilities supervised by the health care provider are within the scope of his or her practice.
  3. Duration. A limited permit shall be valid for one year and may be renewed for one additional year.
  4. An application for a limited permit in polysomnographic technology shall be submitted on a form provided by the Department and shall be accompanied by a fee of $70.

§79-4.16 Special provisions for authorization for polysomnographic technologists.

Except as otherwise provided in subdivision (d) of this section, an individual who is at least 18 years of age shall be authorized to practice polysomnographic technology without satisfying the education, experience, and examination requirements set forth in sections 79-4.10, 79-4.11 and 79-4.12 of this Subpart; provided that no later than February 3, 2014, such individual shall meet the requirements of subdivisions (a), (b), and (c) of this section. In order to be authorized to practice polysomnographic technology pursuant to this section, the applicant shall:

  1. file an application and pay the appropriate fees to the department; and
  2. be of good moral character, as determined by the department; and
    1. be certified by a national certifying or accrediting board for polysomnographic technology acceptable to the department, and have practiced polysomnographic technology under the direction and supervision of a licensed physician at least 21 clinical hours per week for not less than 18 months in the three years immediately preceding the receipt of his or her application; or
    2. have practiced polysomnographic technology under the direction and supervision of a licensed physician at least 21 clinical hours per week for not less than three years within the five years immediately preceding the receipt of his or her application.
  3. If at least four licensure qualifying programs in polysomnographic technology have not been registered by the department by February 3, 2014, the applicant shall meet the requirements of subdivisions (a), (b), and (c)(1) of this section prior to the date that a total of four such programs have been registered by the department.

§79-4.17 Disciplinary authority for polysomnographic technologists.

Authorized polysomnographic technologists shall be subject to the full disciplinary and regulatory authority of the Board of Regents and the department, as if such authorization were a professional license. Authorized polysomnographic technologists shall be subject to all applicable provisions of the Education Law and of this Title relating to professional misconduct. For purposes of professional misconduct procedures relating to authorized polysomnographic technologists, the State Board for Respiratory Therapy shall serve as the state board responsible for all such procedures.


Last Updated: August 8, 2012