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Regular Session, 2012 ENROLLED
SENATE BILL NO. 637 (Substitute of Senate Bill No. 83 by Senator Murray)
BY SENATOR MURRAY
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. 37:2864(F), relative to Polysomnographic Practice Act; to provide for4
definitions; to remove term limits on the advisory committee members; to provide5
for technologist; to provide for technicians; to provide with respect to exemptions6
from state licensure and permit requirements; to provide for prohibitions; and to7
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
polysomnographic technology after January 1, 2006, who must work under the18
direction and supervision of a registered polysomnographic technologist or the19
medical director of a sleep center or laboratory and is working towards BRPT20
registry or completion of a CAAHEP accredited program in polysomnography, or21
both. This Paragraph shall be null and cease to have effect after January 1, 2011.22
"Direct supervision" means supervision by someone who is physically present23
in the area where procedures or services are being provided and who is24
ACT No. 678 SB NO. 637 ENROLLED
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available to furnish assistance and direction throughout the procedure or1
service.2
(8) "Louisiana State Board of Medical Examiners" means that organization3
agency established in R.S. 37:1263.4
* * *5
(11) "Polysomnographic technician" or "permit technician" means a registry6
eligible allied health professional who has completed an accredited CAAHEP7
educational program in polysomnography. an allied health professional who holds8
a permit issued by the Louisiana State Board of Medical Examiners to practice9
polysomnography under the direct supervision of the physician or a qualified10
allied health professional licensed by the Louisiana State Board of Medical11
Examiners whose scope of practice includes polysomnography.12
(12) "Polysomnogra phic technologist" or "technologist" means an allied13
health professional who is credentialed by the Board of Polysomnographic14
Technologists to perform both diagnostic and therapeutic polysomnograms under the15
direction and supervision of a physician holds a license to practice16
polysomnographic technology issued by the Louisiana State Board of Medical17
Examiners to perform both diagnostic and therapeutic polysomnograms under18
the direction of a physician.19
* * *20
§2864. Advisory Committee on Polysomnography; creation21
* * *22
C. Three members shall serve an initial term of one year; three shall serve23
an initial term of two years; and all others shall serve an initial term of three years24
as determined by lot conducted at the first meeting of the board. After the initial25
terms have expired, members shall serve for three-year terms.26
D. A majority of the members of the committee shall elect a chairman.27
E D. The committee shall meet no less than quarterly annually at a time and28
place to be determined by the chairman of the committee. A majority of the members29
of the committee shall constitute a quorum for the transaction of all business.30 SB NO. 637 ENROLLED
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F E. Each member shall serve without compensation but shall be reimbursed1
for travel expenses incurred during attendance at meetings of the committee and2
other expenses incurred on business of the committee. Such compensation shall be3
paid from funds derived from fees as provided in R.S. 37:2868.4
§2865. Technologist; qualifications for license; renewal; reciprocity; title5
A. In order to obtain a polysomnographic technologist license, an applicant6
shall demonstrate all of the following to the Louisiana State Board of Medical7
Examiners:8
(1) He The applicant is of good moral character.9
(2) He The applicant has current credentials as a registered10
polysomnographic technologist granted by the Board of Registered11
Polysommnographic Technologists BRPT or equivalent organization and approved12
by the Louisiana State Board of Medical Examiners.13
(3) After July 1, 2017, the following requirements shall also be met:14
(a) The applicant has graduated from a CAAHEP accredited program.15
(b) The applicant has passed an examination that is administered as a16
component of a certification program that is accredited by the National17
Commission for Certifying Agencies, the American National Standards18
Institute, or other national accrediting organizations approved by the19
Louisiana State Board of Medical Examiners.20
(4) The applicant satisfies such other procedures and requirements as the21
Louisiana State Board of Medical Examiners may require.22
* * *23
C. A polysomnographic technologist who submits a license renewal24
application after January, 2006, shall have completed, in the prior twelve months, at25
least ten hours or units of continuing education courses sanctioned by the Advisory26
Committee on Polysomnography and approved by the Louisiana State Board of27
Medical Examiners.28
* * *29
E. A license shall entitle the individual to use the title "polysomnographic30 SB NO. 637 ENROLLED
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technologist", "technologist", or the initials "PSGT".1
§2866. Technicians; qualifications for permit; renewal2
A. The Louisiana State Board of Medical Examiners may issue a permit to3
an individual who has applied for the BRPT examination. The permit shall be valid4
for twelve months until the date on which the results of the qualifying examination5
are known and acted upon by the Louisiana State Board of Medical Examiners. In6
order to obtain a permit as a polysomnographic technician, the applicant must7
demonstrate the following:8
(1) The applicant is of good moral character.9
(2) The applicant has passed the certification examination offered by10
BRPT or has completed an educational program accredited by CAAHEP.11
B. The permit shall be valid for the lesser of twelve months or the date12
on which the requirements of R.S. 37:2865 are met.13
C. The permit shall be renewable only once if the applicant fails the14
examination or if the applicant fails to take the qualifying examination; however, the15
Louisiana State Board of Medical Examiners may adopt rules and regulations for16
certain exceptions to the provisions of this Subsection due to extenuating17
circumstances.18
C. D. The permit shall entitle the individual to use the initials "PSGT-E".19
* * *20
§2869. Individuals and practices not affected21
A. Nothing in this Chapter shall be construed as prohibiting, preventing, or22
restricting the practice, services, or activities of:23
* * *24
(3) Any individual pursuing a course of study in a CAAHEP accredited25
polysomnographic technology education program from performing a26
polysomnography procedure or service, provided both of the following27
conditions are met:28
(a) The polysomnographic procedure or service is within the individual's29
course of study.30 SB NO. 637 ENROLLED
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(b)The polysomnography procedure or service is performed under the1
direct supervision of a physician or a polysomnographic technologist licensed2
by the Louisiana State Board of Medical Examiners.3
* * *4
§2870. Prohibitions5
A.(1) On or after January 1, 2006, no No individual shall engage or attempt6
to engage in the practice of polysomnography or perform or attempt to perform7
polysomnograms, unless he holds a license issued by the Louisiana State Board of8
Medical Examiners in accordance with the provisions of this Chapter.9
* * *10
Section 2. R.S. 37:2864(F) is hereby repealed.11
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: