New York State Society of Sleep Medicine

Drowsys Driving Bills

New York Assembly Bill 1161 (AB 1161) and Senate Bill 1536 (SB 1536)

These bills have been introduced into the General Assembly. The bills address drowsy driving driving. Here are the summaries for the bills.

The bills, which basically have the same language, will add a new section to the vehicle and traffic law which will define drowsy driving as a person who operates a motor vehicle, motorcycle, or any other vehicle propelled by any power other than muscular power, while his or her ability to drive is impaired by fatigue.

Fatigue is defined as a person who falls asleep while driving or proof that a person had been without sleep for twenty-four or more consecutive hours. If convicted, the person will be guilty of a class A misdemeanor. A first violation is a $500 fine and subsequent violations will be a $1,000 fine.  

However, the bill also contains language which would amend the section of the traffic law addressing vehicular assault.  It will include fatigue with other impairments such as alcohol if the person driving the motor vehicle has caused serious physical injury to another person. Vehicular assault is a class E felony.

In addition, the bill will amend the section addressing vehicular homicide. Again, fatigue is included with other impairments such as alcohol if the driver has caused a death. It is a class D felony and the person can be sentenced up to three years and subject to license revocation.

New York State Polysomnographic Technology Licensure Bill

New York Assembly Bill 354 (AB 354) and Senate Bill 1831 (SB 1831)

     Two identical bills were introduced into the New York General Assembly in mid-January (Assembly Bill 354 and Senate Bill 1831) which will establish licensure for sleep technologists.
     The bills will establish a scope of practice for sleep technologists and will also require an individual seeking licensure to have received an associate degree in sleep technology from a program registered by the State Department of Education. However, this education requirement will not become effective until there are at least four licensure qualifying associate degree programs acceptable to the Department.
     Until associate programs are established in the state, an individual must complete a course substantially equivalent to an associate degree program. The applicant must also pass an examination satisfactory to the State Board of Medicine. An applicant may be licensed without examination or satisfying the education requirement, provided that within one year of when the regulations go into effect, the individual:
     • Files an application and pays the appropriate fees to the department;
     • Is certified by a national certifying or accrediting board for polysomnography acceptable to the Department, and has practiced polysomnography under the direction of a licensed physician who specializes in the practice of sleep medicine for eighteen months or more in the previous three years; or
     • Has practiced polysomnography under the direction of a licensed physician who specializes in the practice of sleep medicine for not less than three years within the last five years.
     In addition, the bills will establish a State Committee for Polysomnographic Technology. The committee will assist on matters of professional licensing, practice and conduct.

AB 354 has been referred to the Assembly Higher Education Committee and SB 1831 has been referred to the Senate Higher Education Committee for deliberation. 

The current legislation in NY requires the supervison of a Registered Respiratory Therapist or Registered Nurse to titrate Airway Pressure or Oxygen. As of August 2008 the enforcement of that legislation has been put on hold pending passage of the new Bill.

Councilman Gennaro will be meeting with the Chief of Staff for Assembly member Deborah Glick on A. 00354 which is the new # for the scope of practice bill.  The purpose of the meeting is to express Councilmember Gennaro's interest in seeing this bill passed.  Glick would have to have the Speaker of the Assembly move the bill out of her committee which is much harder to do during a special session as opposed to the bill already being in the rules committee.  They usually do not have committee hearings/votes in special session, but Council man Gennaro will lobby them to do so. 

Sleep Technology Legislation Signed Into Law in North Carolina
In North Carolina: House Bill 819 (HB 819), the Polysomnography Practice Act, was signed by Governor Bev Perdue on Friday, August 7.  HB 819, which had the backing of the North Carolina Association of Sleep Technologists (NCAST), defines polysomnography, establishes a scope of practice for sleep technologists, establishes that sleep technologists work under general supervision of the physician, and requires that all technologists obtain their RPSGT credential by the Board of Registered Polysomnographic Technologists (BRPT), and register with the North Carolina Medical Board by January 1, 2012. This important piece of legislation ensures that the sleep technology scope of practice is protected while also ensuring that only appropriately educated, competency tested, and credentialed sleep care personnel are performing sleep care services.  The bill further states that any individual who has not obtained their RPSGT credential by January 1, 2012, will be prohibited from performing sleep care services.

North Carolina Polysomnography Act

New Jersey State Polysomnography Act

Tennessee Polysomnography Act

New Mexico Polysomnography Act

California Polysomnographic technologist Act - Proposed/Defeated

Idaho Polysomnography Act

Connecticut Polysomnography Act  - Draft

Columbia Practice of Polysomnography Ammendment Act

Louisiana Polysomnographic Practice Act

Maryland Polysomnography Act

South Carolina Polysomnography Act

INTERMEDIARY-CARRIER DIRECTORY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES

View New York list of Carriers.