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Regular Session, 2012
SENATE BILL NO. 637 (Substitute of Senate Bill No. 83 by Senator Murray)
BY SENATOR MURRAY
HEALTH SERVICES. Amends the Polysomnographic Practice Act. (8/1/12)
AN ACT1
To amend and reenact R.S. 37:2862(7) through (12), 2864(C), (D), and (E), 2865(A) and2
(C), 2866(A) and (C), and 2870(A)(1), to enact R.S. 37:2865(E), 2866(D), and3
2869(A)(3), and to repeal R.S. 37:2864(F), relative to Polysomnographic Practice4
Act; to provide for definitions; to remove term limits on the advisory committee5
members; to provide for technologist; to provide for technicians; to provide with6
respect to exemptions from state licensure and permit requirements; to provide for7
prohibitions; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 37:2862(7) through (12), 2864(C), (D), and (E), 2865(A) and (C),10
2866(A) and (C), and 2870(A)(1) are hereby amended and reenacted and R.S. 37:2865(E),11
2866(D), and 2869(A)(3) are hereby enacted to read as follows:12
§2862. Definitions13
The following terms shall have the following meanings, unless otherwise14
specified:15
* * *16
(7) "Individual-in-training" means an individual who enters the field of17 SB NO. 637
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polysomnographic technology after January 1, 2006, who must work under the1
direction and supervision of a registered polysomnographic technologist or the2
medical director of a sleep center or laboratory and is working towards BRPT3
registry or completion of a CAAHEP accredited program in polysomnography, or4
both. This Paragraph shall be null and cease to have effect after January 1, 2011.5
(8) (7) "Louisiana State Board of Medical Examiners" means that6
organization agency established in R.S. 37:1263.7
(9) (8) "Physician" means an individual licensed by the Louisiana State Board8
of Medical Examiners.9
(10) (9) "Polysomnography" means the performance of sleep diagnostics10
under the direction and supervision of a physician to provide comprehensive clinical11
evaluation.12
(11) (10) "Polysomnographic technician" or "permit technician" means a13
registry eligible allied health professional who has completed an accredited14
CAAHEP educational program in polysomnography.15
(12) (11) "Polysomnographic technologist" or "technologist" means an allied16
health professional who is credentialed by the Board of Polysomnographic17
Technologists to perform both diagnostic and therapeutic polysomnograms under the18
direction and supervision of a physician holds a license to practice19
polysomnographic technology issued by the Louisiana State Board of Medical20
Examiners.21
(13) (12) "Polysomnographic technology" means the allied health specialty22
practiced under the direction and supervision of a physician involving the attended23
monitoring and testing of individuals suffering from any sleep disorders as classified24
in the International Classification of Sleep Disorders. Such procedures include but25
are not limited to the following, conducted only upon written prescription or verbal26
order of a physician and under his direction and supervision:27
(a) Application of electrodes and apparatus necessary to monitor and evaluate28
sleep disturbances, including application of devices which allow a physician to29 SB NO. 637
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diagnose sleep disorders, which disorders include sleep breathing disorders,1
movement disorders, disorders of excessive somnolence, and physiologic impotence.2
(b) Institution of any type of physiologic monitoring applicable to3
polysomnography.4
(c) Initiation of treatment changes and testing techniques required for the5
implementation of polysomnographic protocols under the supervision and direction6
of a physician.7
* * *8
§2864. Advisory Committee on Polysomnography; creation9
* * *10
C. Three members shall serve an initial term of one year; three shall serve an11
initial term of two years; and all others shall serve an initial term of three years as12
determined by lot conducted at the first meeting of the board. After the initial terms13
have expired, members shall serve for three-year terms.14
D C. A majority of the members of the committee shall elect a chairman.15
E D. The committee shall meet no less than quarterly annually at a time and16
place to be determined by the chairman of the committee. A majority of the members17
of the committee shall constitute a quorum for the transaction of all business.18
F E. Each member shall serve without compensation but shall be reimbursed19
for travel expenses incurred during attendance at meetings of the committee and20
other expenses incurred on business of the committee. Such compensation shall be21
paid from funds derived from fees as provided in R.S. 37:2868.22
§2865. Technologist; qualifications for license; renewal; reciprocity; title23
A. In order to obtain a polysomnographic technologist license, an applicant24
shall demonstrate all of the following to the Louisiana State Board of Medical25
Examiners:26
(1) He The applicant is of good moral character.27
(2) He The applicant has current credentials as a registered28
polysomnographic technologist granted by the Board of Registered29 SB NO. 637
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Polysomnographic Technologists or equivalent organization and approved by the1
Louisiana State Board of Medical Examiners.2
(3) After July 1, 2017, the following requirements shall also be met:3
(a) The applicant has graduated from a CAAHEP accredited program.4
(b) The applicant has taken an examination that is administered as a5
component of a certification program that is accredited by the National6
Commission for Certifying Agencies, the American National Standards7
Institute, or other national accrediting organizations approved by the8
Louisiana State Board of Medical Examiners.9
(4) The applicant satisfies such other procedures and requirements as the10
Louisiana State Board of Medical Examiners may require.11
* * *12
C. A polysomnographic technologist who submits a license renewal13
application after January, 2006, shall have completed, in the prior twelve months, at14
least ten hours or units of continuing education courses sanctioned by the Advisory15
Committee on Polysomnography and approved by the Louisiana State Board of16
Medical Examiners.17
* * *18
E. A license shall entitle the individual to use the title "polysomnographic19
technologist", "technologist", or "permit technician", or the initials "PSGT".20
§2866. Technicians; qualifications for permit; renewal21
A. The Louisiana State Board of Medical Examiners may issue a permit to22
an individual to practice as a polysomnographic technician who has applied for23
the BRPT examination. The permit shall be valid for twelve months until the date on24
which the results of the qualifying examination are known and acted upon by the25
Louisiana State Board of Medical Examiners.26
* * *27
C. The permit shall entitle the individual to use the title "polysomnographic28
technician" or "permit technician", or the initials "PSGT-E".29 SB NO. 637
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* * *1
§2869. Individuals and practices not affected2
A. Nothing in this Chapter shall be construed as prohibiting, preventing, or3
restricting the practice, services, or activities of:4
* * *5
(3) Any individual pursuing a course of study in an accredited CAAHEP6
polysomnographic technology education program for performing a7
polysomnography procedure or service, provided both of the following8
conditions are met:9
(a) The polysomnographic procedure or service is within the individual's10
course of study.11
(b)The polysomnography procedure or service is performed under the12
direct supervision of a physician or a registered polysomnographic technologists13
who is physically present in the area where such a polysomnographic procedure14
or service is being performed and is available to furnish assistance and direction15
throughout the polysomnography procedure or service.16
* * *17
§2870. Prohibitions18
A.(1) On or after January 1, 2006, no No individual shall engage or attempt19
to engage in the practice of polysomnography or perform or attempt to perform20
polysomnograms, unless he holds a license issued by the Louisiana State Board of21
Medical Examiners in accordance with the provisions of this Chapter.22
* * *23
Section 2. R.S. 37:2864(F) is hereby repealed.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Murray (SB 637)
Present law provides for the Polysomnographic Practice Act.
Proposed law deletes the definition of "individual-in-training" and amends the definition of SB NO. 637
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polysomnographic technologist" or "technologist" to mean an allied health professional who
holds a license to practice polysomnographic technology issued by the Louisiana State Board
of Medical Examiners.
Proposed law deletes term limits for members of the Advisory Committee on
Polysomnography and amends present law to change the meeting requirement from quarterly
to annually.
Proposed law provides additional requirements for a technologist applicant to meet after
July 1, 2017:
1. The applicant has graduated from a CAAHEP accredited program.
2. The applicant has taken an examination that is administered as a component of a
certification program that is accredited by the National Commission for Certifying
Agencies, the American National Standards Institute, or other national accrediting
organizations approved by the Louisiana State Board of Medical Examiners.
Proposed law further provides that the applicant satisfy such other procedures and
requirements as the Louisiana State Board of Medical Examiners may require.
Proposed law provides use of title for technologists.
Proposed law retains present law regarding exemptions to the Polysomnographic Practice
Act and adds an additional exemption for an individual who is pursuing a course of study
in an accredited CAAHEP polysomnographic technology education program, provided both
of the following are met:
1. The procedure or service is part of the individual's course of study.
2. A physician or registered polysomnographic technologist is physically present for
the procedure and available to provide assistance and direction.
Proposed law provides no individual shall engage or attempt to engage in the practice of
polysomnography or perform or attempt to perform polysomnograms, unless he holds a
license issued by the Louisiana State Board of Medical Examiners in accordance with the
provisions of this Chapter.
Effective August 1, 2012.
(Amends R.S. 37:2862(7) through (12), 2864(C), (D), and (E), 2865(A) and (C), 2866(A)
and (C), and 2870(A)(1); adds R.S. 37:2865(E), 2866(D), and 2869(A)(3); and repeals R.S.
37:2864(F))