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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), (8), (11), and (12), 2864(C), (D), and (E), 2865(A)2
and (C), 2866, and 2870(A)(1), to enact R.S. 37:2865(E) and 2869(A)(3), and to3
repeal R.S. 37:2862(13) and 2864(F), relative to Polysomnographic Practice Act; to4
provide for definitions; to remove term limits on the advisory committee members;5
to provide for technologist; to provide for technicians; to provide with respect to6
exemptions from state licensure and permit requirements; to provide for prohibitions;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 37:2862(7), (8), (11), and (12), 2864(C), (D), and (E), 2865(A) and10
(C), 2866, and 2870(A)(1) are hereby amended and reenacted and R.S. 37:2865(E) and11
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
"Direct supervision" means supervision by someone who is physically present6
in the area where procedures or services are being provided and who is7
available to furnish assistance and direction throughout the procedure or8
service.9
(8) "Louisiana State Board of Medical Examiners" means that organization10
agency established in R.S. 37:1263.11
* * *12
(11) "Polysomnographic technician" or "permit technician" means a registry13
eligible allied health professional who has completed an accredited CAAHEP14
educational program in polysomnography. an allied health professional who holds15
a permit issued by the Louisiana State Board of Medical Examiners to practice16
polysomnography under the direct supervision of the physician or a qualified17
allied health professional licensed by the Louisiana State Board of Medical18
Examiners whose scope of practice includes polysomnography.19
(12) "Polysomnographic technologist" or "technologist" means an allied20
health professional who is credentialed by the Board of Polysomnographic21
Technologists to perform both diagnostic and therapeutic polysomnograms under the22
direction and supervision of a physician holds a license to practice23
polysomnographic technology issued by the Louisiana State Board of Medical24
Examiners to perform both diagnostic and therapeutic polysomnograms under25
the direction of a physician.26
* * *27
§2864. Advisory Committee on Polysomnography; creation28
* * *29 SB NO. 637
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C. Three members shall serve an initial term of one year; three shall serve an1
initial term of two years; and all others shall serve an initial term of three years as2
determined by lot conducted at the first meeting of the board. After the initial terms3
have expired, members shall serve for three-year terms.4
D C. A majority of the members of the committee shall elect a chairman.5
E D. The committee shall meet no less than quarterly annually at a time and6
place to be determined by the chairman of the committee. A majority of the members7
of the committee shall constitute a quorum for the transaction of all business.8
F E. Each member shall serve without compensation but shall be reimbursed9
for travel expenses incurred during attendance at meetings of the committee and10
other expenses incurred on business of the committee. Such compensation shall be11
paid from funds derived from fees as provided in R.S. 37:2868.12
§2865. Technologist; qualifications for license; renewal; reciprocity; title13
A. In order to obtain a polysomnographic technologist license, an applicant14
shall demonstrate all of the following to the Louisiana State Board of Medical15
Examiners:16
(1) He The applicant is of good moral character.17
(2) He The applicant has current credentials as a registered18
polysomnographic technologist granted by the Board of Registered19
Polysommnographic Technologists BRPT or equivalent organization and approved20
by the Louisiana State Board of Medical Examiners.21
(3) After July 1, 2017, the following requirements shall also be met:22
(a) The applicant has graduated from a CAAHEP accredited program.23
(b) The applicant has passed an examination that is administered as a24
component of a certification program that is accredited by the National25
Commission for Certifying Agencies, the American National Standards26
Institute, or other national accrediting organizations approved by the27
Louisiana State Board of Medical Examiners.28
(4) The applicant satisfies such other procedures and requirements as the29 SB NO. 637
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Louisiana State Board of Medical Examiners may require.1
* * *2
C. A polysomnographic technologist who submits a license renewal3
application after January, 2006, shall have completed, in the prior twelve months, at4
least ten hours or units of continuing education courses sanctioned by the Advisory5
Committee on Polysomnography and approved by the Louisiana State Board of6
Medical Examiners.7
* * *8
E. A license shall entitle the individual to use the title "polysomnographic9
technologist", "technologist", or the initials "PSGT".10
§2866. Technicians; qualifications for permit; renewal11
A. The Louisiana State Board of Medical Examiners may issue a permit to12
an individual who has applied for the BRPT examination. The permit shall be valid13
for twelve months until the date on which the results of the qualifying examination14
are known and acted upon by the Louisiana State Board of Medical Examiners. In15
order to obtain a permit as a polysomnographic technician, the applicant must16
demonstrate the following:17
(1) The applicant is of good moral character.18
(2) The applicant has passed the certification examination offered by19
BRPT or has completed an educational program accredited by CAAHEP.20
B. The permit shall be valid for the lesser of twelve months or the date21
on which the requirements of R.S. 37:2865 are met.22
B. C. The permit shall be renewable only once if the applicant fails the examination23
or if the applicant fails to take the qualifying examination; however, the Louisiana State24
Board of Medical Examiners may adopt rules and regulations for certain exceptions to the25
provisions of this Subsection due to extenuating circumstances.26
C. D. The permit shall entitle the individual to use the initials "PSGT-E".27
* * *28
§2869. Individuals and practices not affected29 SB NO. 637
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A. Nothing in this Chapter shall be construed as prohibiting, preventing, or1
restricting the practice, services, or activities of:2
* * *3
(3) Any individual pursuing a course of study in a CAAHEP accredited4
polysomnographic technology education program from performing a5
polysomnography procedure or service, provided both of the following6
conditions are met:7
(a) The polysomnographic procedure or service is within the individual's8
course of study.9
(b)The polysomnography procedure or service is performed under the10
direct supervision of a physician or a polysomnographic technologist licensed11
by the Louisiana State Board of Medical Examiners.12
* * *13
§2870. Prohibitions14
A.(1) On or after January 1, 2006, no No individual shall engage or attempt15
to engage in the practice of polysomnography or perform or attempt to perform16
polysomnograms, unless he holds a license issued by the Louisiana State Board of17
Medical Examiners in accordance with the provisions of this Chapter.18
* * *19
Section 2. R.S. 37:2862(13) and 2864(F) is hereby repealed.20
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Thomas L. Tyler.
DIGEST
Murray (SB 637)
Present law provides for the Polysomnographic Practice Act.
Present law, which became null and ceased to have effect after January 1, 2011, defined an
"individual-in-training to be a person entering the field of polysomnographic technology
after January 1, 2006 who must work under the direct supervision of a registered
polysomnographic technologist or the medical director of a sleep center or laboratory and
is working towards BRPT registry or completion of a CAAHEP accredited program in
polysomnography, or both. Proposed law removes these provisions and defines "direct
supervision" to mean supervision by someone who is physically present in the area where
procedures or services are being provided and who is available to furnish assistance and SB NO. 637
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words in boldface type and underscored are additions.
direction throughout the procedure or service.
Present law defines a "polysomnographic technician" or "permit technician" to be a
registered eligible allied health professional who has completed an accredited CAAHEP
educational program in polysomnography. Proposed law redefines a "polysomnographic
technician" or "permit technician" to be an allied health professional who holds a permit
issued by the Louisiana State Board of Medical Examiners to practice polysomnography
under the direct supervision of the physician or a qualified allied health professional licensed
by the Louisiana State Board of Medical Examiners whose scope of practice includes
polysomnography.
Present law defines a "Polysomnographic technologist" or "technologist" as an allied health
professional who is credentialed by the Board of Polysomnographic Technologists to
perform both diagnostic and therapeutic polysomnograms under the direction and
supervision of a physician. Proposed law redefines this term to be an allied health
professional holding a license to practice polysomnographic technology issued by the
Louisiana State Board of Medical Examiners to perform both diagnostic and therapeutic
polysomnograms under the direction of a physician.
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 the following additional requirements that a technologist applicant
must satisfy after July 1, 2017:
1. The applicant has graduated from a CAAHEP accredited program.
2. The applicant has passed 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.
3. The applicant must also satisfy such other procedures and requirements as required
by the Louisiana State Board of Medical Examiners.
Present law authorizes the La. State Board of Medical Examiners to issue permits to
individuals who have applied for the BRPT examination which permit is valid for twelve
months until the results of the qualifying examinations are known and acted upon by the
board.
Proposed law requires an applicant demonstrate the following in order to obtain a permit as
a polysomnographic technician:
1. That he is of good moral character.
2. That he has passed the certification exam offered by BRPT or completed an
education program accredited by CAAHEP.
Provides that the permit is valid for the lesser of twelve months or the date on which the
requirements for a technologist are met.
Proposed law provides that individuals licensed can use the title of polysomnographic
technologist, technologist, or the initials PSGT.
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 SB NO. 637
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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 licensed by the La. State
Board of Medical Examiners is physically present for the procedure and available to
provide assistance and direction.
Proposed law retains present provisions that no individual 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 law.
Proposed law repeals provisions defining polysomonographic technology.
Effective August 1, 2012.
(Amends R.S. 37:2862(7), (8), (11), and (12), 2864(C), (D), and (E), 2865(A) and (C), 2866,
and 2870(A)(1); adds R.S. 37:2865(E) and 2869(A)(3); and repeals R.S. 37:2862(13) and
2864(F))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Adds definition for "direct supervision".
2. Adds provision that a "polysomnographic technician or permit technician"
hold a permit issued by the La. State Board of Medical Examiners and
practice under the direct supervision of a physician whose scope of practice
includes polysomnography.
3. Adds provision that a "polysomnographic technologist" be licensed to
practice polysomnograpic technology issued by the La. State Board of
Medical Examiners to perform diagnostic and therapeutic polysomnography
under the direction of a physician.
4. Adds requirement that an applicant for a permit as a polysomnographic
technician be a person of good moral character and have passed a
certification examination offered by BRPT or completed an educational
program accredited by CAAHEP.
Requires that this permit be valid for the lesser of twelve months or on the
date in which requirements of a technologist are satisfied.
5. Repeals definition of polysomonographic technology.