An Act To License Polysomnography
Sec. 1. 5 MRSA §12004-A, sub-§33-B is enacted to read:
|Board of Polysomnography||$35/Day||32 MRSA §3672|
Sec. 2. 32 MRSA c. 52 is enacted to read:
§ 3671. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) Positive airway pressure titration or acclimation on spontaneously breathing patients using a mask or oral appliance as long as the mask or oral appliance does not extend into the trachea or attach to an artificial airway. Positive airway pressure titration or acclimation may be set up in a patient's home and instruction given on use of the technique in the patient’s home;
(2) Supplemental low-flow oxygen therapy of no more than 6 liters per minute, using nasal cannula or continuous or bilevel positive airway pressure;
(4) Cardiopulmonary resuscitation;
(5) Pulse oximetry;
(6) Esophageal pH monitoring;
(7) Esophageal pressure monitoring;
(8) Sleep staging, including surface electroencephalography, surface electrooculography and submental surface electromyography;
(9) Surface electromyography of arms and legs;
(11) Respiratory effort monitoring, including thoracic and abdominal movement;
(12) Plethysmography blood flow monitoring, including peripheral arterial tone;
(13) Snore monitoring;
(14) Audio or video monitoring;
(15) Body movement monitoring;
(16) Nocturnal penile tumescence monitoring;
(17) Nasal and oral airflow monitoring;
(19) Body temperature monitoring; and
(20) Monitoring the effects of a mask or oral appliance used to treat sleep disorders, as long as the mask or oral appliance does not extend into the trachea or attach to an artificial airway;
"Practice of polysomnography" does not include making or directing the making or use of any oral appliance used to treat sleep-disordered breathing or evaluating the structures of the patient's oral and maxillofacial region for purposes of fitting the appliance; these tasks must be performed by a licensed dentist.
§ 3672. Board of Polysomnography
The Governor may consider for appointment to the board persons recommended by applicable professional organizations. Appointments of members must comply with Title 10, section 8009. In making appointments, the Governor shall strive to ensure that each member of the board is a resident of this State. Appointments are for 4-year terms.
§ 3673. Powers and duties of the board
The board has the following powers and duties in addition to all other powers and duties otherwise set forth in this chapter.
§ 3674. Licensing requirements
A person who is engaged in the practice of polysomnography must be licensed as provided in this chapter. It is unlawful for a person to engage in the practice of polysomnography unless the person has been duly licensed as a polysomnographic technologist under this chapter.
(1) Has graduated from a polysomnography educational program that is accredited by a national accrediting agency approved by the board;
(2) Has graduated from a respiratory care educational program that is accredited by a national accrediting agency approved by the board and completed a curriculum for a polysomnography certificate established and accredited by a national accrediting agency approved by the board;
(3) Has graduated from a neurodiagnostic technology educational program with a polysomnography track that is accredited by a national accrediting agency approved by the board; and
(4) Has successfully completed an accredited sleep technologist educational program that is accredited by a national accrediting agency approved by the board;
A person who is engaged in the practice of polysomnography on the effective date of this chapter is eligible for licensure under this chapter without meeting the education requirement of paragraph A; the person must still meet the requirements of paragraphs B to D.
§ 3675. Exemptions to licensure; polysomnographic technicians, trainees and students
§ 3676. Issuance, renewal and voluntary surrender of license; display of license; lost license; change of address or name
§ 3677. Power of board to impose sanctions
The board may impose any sanctions on a person licensed under this chapter, up to and including license revocation, if the licensee violates any of the provisions of this chapter or of the board's rules.
§ 3678. Violation
A person who engages in the practice of polysomnography in violation of section 3674 is subject to the provisions of Title 10, section 8003-C.
§ 3679. Fees
The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for the purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
§ 3680. Screening panel for investigative and disciplinary process
The board may use one or more screening panels in its investigative and disciplinary process to determine whether complaints filed and investigations conducted are without merit and to act as a mechanism for resolution of complaints or diversion of cases to professional peer review organizations or impaired professionals' associations as the board, through established guidelines, determines appropriate. The screening panel may administer oaths to witnesses. Members of a screening panel may be drawn from the membership of the board or may be appointed by the board. Panel members who are not board members must meet the requirements for membership on the board, and a screening panel may include a member who is a consumer of polysomnographic services. A board member serving on a panel may not participate as a board member in a contested case involving any matter heard by the panel.
§ 3681. Public annual meeting
The board shall conduct at least one public meeting each year as determined by the board to allow public discussion of new developments in the practice of polysomnography, including, but not limited to, the availability of accredited polysomnography educational programs to persons in all parts of this State, the availability of other certification examinations and credentialing bodies and the settings in which the practice of polysomnography may properly take place. The board shall notify any person or organization that requests to be notified of the time and place of the annual public meeting.
Sec. 3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 32, section 3672, subsection 1, initial appointments to the Department of Professional and Financial Regulation, Board of Polysomnography must be made as follows: 2 members must be appointed to terms of 4 years, 2 members must be appointed to terms of 3 years, 2 members must be appointed to terms of 2 years and one member must be appointed to a term of one year.
This bill creates a new license category for the practice of polysomnography and establishes the Board of Polysomnography within the Department of Professional and Financial Regulation.