BILL ANALYSIS
SB 132
Page 1
SENATE THIRD READING
SB 132 (Denham)
As Amended August 31, 2009
2/3 vote. Urgency
SENATE VOTE : 34-0
BUSINESS & PROFESSIONS 10-0 APPROPRIATIONS 16-0
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|Ayes:|Hayashi, Emmerson, |Ayes:|De Leon, Conway, Ammiano, |
| |Conway, Eng, | | |
| |Hernandez, Nava, Niello, | |Charles Calderon, Coto, |
| |John A. Perez, Ruskin, | |Davis, |
| |Smyth | |Fuentes, Hall, Harkey, |
| | | |Nielsen, |
| | | |John A. Perez, Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Hill |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Establishes educational and registration requirements
for certified polysomnographic technologists (CPT), technicians
and trainees, and requires the Medical Board of California (MBC)
to develop regulations for the employment and designation of CPTs,
technicians, and trainees. Specifically, this bill :
1)Requires MBC to adopt regulations within one year after the
effective date of this bill determining the qualifications
necessary for the registration of individuals as certified CPTs,
polysomnographic technicians, and polysomnographic trainees.
2)Requires individuals seeking to become a CPT to have the
following minimum qualifications:
a) Valid, current credentials as a polysomnographic
technologist by a national accrediting agency approved by
MBC;
b) Graduated from a polysomnographic educational program
approved by MBC; and,
c) Passed a national certifying examination approved by MBC,
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or can submit proof to MBC that they have been practicing for
at least five years in a manner acceptable to MBC. Beginning
three years after the effective date of this bill, all
individuals seeking certification as a CPT must pass a
national certifying examination.
3)Requires the MBC to submit necessary information on all CPTs,
technicians, or trainee certification candidates to the
Department of Justice (DOJ) for the purpose of obtaining
information on state or federal convictions and arrests.
4)Requires the DOJ to provide information on CPT candidates, as
specified, and any subsequent arrest notifications.
5)Permits an individual to use the title CPT and engage in the
practice of polysomnography under the following circumstances:
a) The individual is registered with MBC;
b) The individual works under the supervision and direction
of a licensed physician and surgeon;
c) The individual has successfully undergone a state and
federal level criminal record check; and,
d) The individual meets the requirements of this bill.
6)Requires MBC to adopt regulations within one year after the
effective date of this bill that establish the means and
circumstances in which a licensed physician and surgeon may
employ polysomnographic technicians and trainees.
7)Permits MBC to adopt regulations specifying the scope of
services that may be provided by a polysomnographic technician
or trainee and the level of supervision necessary for
polysomnographic technicians and trainees when working under the
supervision of a CPT or licensed healthcare professional.
8)Exempts from these requirements California licensed allied
health professionals working within the scope of practice of
their license including respiratory care practitioners.
9)States that this bill shall not be interpreted to authorize a
CPT, technician, or trainee to treat, manage, control, educate,
or care for patients other than those with sleep disorders or to
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provide diagnostic testing for patients other than those with
suspected sleep disorders.
10)States that a registration may be denied, suspended, revoked,
or otherwise subjected to discipline for any of the following:
a) Incompetence, gross negligence, or repeated similar
negligent acts performed by the registrant;
b) An act of dishonesty or fraud;
c) Committing any act or being convicted of a crime
constituting grounds for denial of licensure or registration,
as specified; or,
d) Violating or attempting to violate any provision of this
bill.
11)Requires each registrant to pay a registration fee, not to
exceed $100, into MBC's Contingent Fund. Specifies that:
a) Each person to whom registration is granted must pay a fee
not to exceed $100;
b) The registration shall expire after two years, and may be
renewed biennially for a fee not to exceed $150; and,
c) The money in MBC's Contingent Fund collected pursuant to
this bill shall be used for the administration of this bill.
12)States that nothing in this bill shall prohibit a clinic or
health facility from employing a CPT, as specified.
13)States that nothing in this bill shall apply to diagnostic
electroencephalograms, as specified.
14)Defines the following:
a) "Polysomnography" means the treatment, management,
diagnostic testing, control, education, and care of patients
with sleep and wake disorders. Polysomnography includes the
process of analysis, monitoring, and recording of physiologic
data during sleep and wakefulness to assist in the treatment
of disorders, syndromes, and dysfunctions that are
sleep-related, manifest during sleep, or disrupt normal sleep
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activities. Polysomnography also includes the therapeutic
and diagnostic use of oxygen, the use of positive airway
pressure including continuous positive airway pressure and
bi-level modalities, adaptive servo-ventilation and
maintenance of nasal and oral airways that do not extend into
the trachea; and,
b) "Supervision" means that the supervising physician and
surgeon shall remain available, either in person or through
telephonic or electronic means, at the time that the
polysomnographic services are provided.
FISCAL EFFECT : According to Assembly Appropriations Committee,
one-time fee-supported, special fund costs of $193,000 to the MBC
to promulgate regulations. On-going fee-supported special fund
costs of $47,000 to continue oversight of sleep specialists.
Recent amendments increase the registration fee from $100 to $150
to ensure the program is fully supported.
COMMENTS : Sleep loss and sleep disorders have been associated
with an increased risk of other health problems such as high blood
pressure, diabetes, obesity, depression, heart attack and stroke.
It is believed that the majority of people with sleep disorders
have not yet been diagnosed, although most disorders can be
successfully treated or controlled once properly identified.
Many people seek help with their sleep problems at sleep disorders
centers, medical centers staffed by physicians and other medical
professionals, including polysomnographic technologists, with
specialized training in sleep medicine. Sleep disorders are
evaluated using polysomnography, a complex assessment of the body
during sleep. The results are called a polysomnographic (PSG)
measurement.
Technologists who perform PSG-related procedures must use the
instrumentation in a sleep laboratory and have a knowledge of the
sleep-induced physiological changes in various body systems,
including the neurological, musculoskeletal, cardiac, and
respiratory systems; have a working knowledge of the physiological
and behavioral alterations associated with sleep/wake pathology;
and be capable of interpreting various reports so as to be able to
intervene appropriately during a study. Physicians utilize the
observations of technologists to assist in the identification of
dysfunction in sleep/wake cycles, to diagnose breathing disorders
during sleep, and to evaluate treatment of these disorders.
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Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0002601