HLS 17RS-845 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 404
BY REPRESENTATIVES HENSGENS AND BARRAS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE: Amends the Polysomnographic Practice Act
1 AN ACT
2To amend and reenact R.S. 37:2869(A)(3) and to repeal R.S. 37:2865(A)(3), relative to the
3 practice of polysomnography; to authorize individuals enrolled in a certified
4 education program to practice polysomnography; to require rulemaking by the
5 Louisiana State Board of Medical Examiners; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:2869(A)(3) is hereby amended and reenacted to read as follows:
8 ยง2869. Individuals and practices not affected
9 A. Nothing in this Chapter shall be construed as prohibiting, preventing, or
10 restricting the practice, services, or activities of:
11 * * *
12 (3)(a) Any individual pursuing a course of study in a CAAHEP accredited
13 polysomnographic technology education program from one of the following:
14 (i) A program accredited by the Commission on Accreditation of Allied
15 Health Education Programs.
16 (ii) A sleep technologist program accredited by the American Board of Sleep
17 Medicine.
18 (iii) A sleep technologist program accredited by the American Academy of
19 Sleep Medicine.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 404
1 (iv) A sleep technologist program approved by the Board of Registered
2 Polysomnographic Technologists.
3 (b) This Paragraph shall only apply to an individual performing a
4 polysomnography procedure or service, provided if both of the following conditions
5 are met:
6 (a) (i) The polysomnographic procedure or service is within the individual's
7 course of study.
8 (b) (ii) The polysomnography procedure or service is performed under the
9 direct supervision of a physician or a polysomnographic technologist licensed by the
10 Louisiana State Board of Medical Examiners.
11 * * *
12 Section 2. R.S. 37:2865(A)(3) is hereby repealed in its entirety.
13 Section 3. The Louisiana State Board of Medical Examiners shall promulgate, in
14accordance with the Administrative Procedure Act, all administrative rules and amendments
15necessary to bring its policies and procedures into conformance with the provisions of this
16Act.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 404 Engrossed 2017 Regular Session Hensgens
Abstract: Authorizes individuals enrolled in certain education programs to practice
polysomnography.
Present law prohibits an individual from engaging or attempting to engage in the practice
of polysomnography or performing or attempting to perform polysomnograms, unless the
individual is licensed by the La. State Bd. of Medical Examiners (LSBME).
Present law provides an exception for an individual enrolled in a program accredited by the
Commission on Accreditation of Allied Health Education Programs (CAAHEP) if both of
the following conditions are met:
(1)The polysomnographic procedure or service is within the individual's course of
study.
(2)The polysomnography procedure or service is performed under the direct supervision
of a physician or a polysomnographic technologist licensed by the LSBME.
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HB NO. 404
Proposed law retains present law but expands the exception to programs accredited by the
American Board of Sleep Medicine or the American Academy of Sleep Medicine or
approved by the Board of Registered Polysomnographic Technologists.
Present law requires an applicant for a polysomnographic technologist license after July 1,
2017, to demonstrate that the applicant has graduated from a CAAHEP accredited program
and has passed an examination that is administered as a component of a certification
program that is accredited by a national accrediting organization approved by the LSBME.
Proposed law repeals present law.
Requires the LSBME to promulgate all administrative rules and amendments necessary to
bring its policies and procedures into conformance with the provisions of proposed law.
(Amends R.S. 37:2869(A)(3); Repeals R.S. 37:2865(A)(3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Restore present law provisions relative to polysomnographic technicians.
2. Expand the exception to the license requirement for individuals enrolled in
certain education programs.
3. Delete the deadline for a notice of intent to be published.
4. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.