Presentation Transcript

1. Delaware Polysomnography Law Update

   Steven D. Conley CRT, RPSGT Council Member Delaware Polysomnography Advisory Council
2. Financial Disclosure I have no disclosures or conflicts of interest.
3. PSG Law UpdateContent and Learning Objectives Provide an overview of the law, Advisory Council activities, and requirements for a license Understand history, support, and purpose of the law Understand the purpose and tasks of the Council Understand Council actions and current efforts Identify license requirements and how to get one Identify exemptions and penalties
4. PSG Law UpdateHistory, Support, and Purpose of DE PSG Law History DSS first meeting Aug. 27, 2008 Set the tone “Everyone in this room and in the sleep community has the opportunity to be a participant and to have their voice heard” Seeking licensure was the major topic 2009-2012 Licensure document created 2012 - SB 194 unanimously passed both chambers and signed into law by Governor Markel on Sep. 27, 2012
5. PSG Law UpdateHistory, Support, and Purpose of DE PSG Law Support Physicians Employers Sleep Techs Clients Legislators
6. PSG Law UpdateHistory, Support, and Purpose of DE PSG Law Purpose Protect Clients Ensuring competent, professional care Profession Establish minimum education requirements Self-Regulate “If you don’t design your own life plan, chances are you’ll fall into someone else’s plan. And guess what they have planned for you? Not much.” – Jim Rohn, Business Philosopher
7. PSG Law UpdatePSG Advisory Council Purpose and Tasks The Advisory Council Promulgate rules and regulations governing the practice of polysomnography - subject to approval of the Board of Medical Licensure and Discipline Evaluate applications for licensure and provide names of qualified individuals to the Board Recommend disciplinary actions against licensees Suggest changes in operations or regulations 1 Physician member and 4 Registered Polysomnographer members
8. PSG Law UpdateAdvisory Council Actions and Current Efforts Council Progress 1st meeting – November 15, 2013 Created Rules and Regulations Published March 1, 2014 (30-day comment session) Written comment session (15 days) March 28th meeting for regulatory hearing Goal is to complete process by May 6, 2014
9. PSG Law UpdateLicense Requirements Multiple Pathways Current Practitioner Endorsement Original Licensure * License will require renewal every 2 years. * Initial License may be for less than 2 years.
10. PSG Law UpdateLicense Requirements All Applicants Submit completed, signed and notarized Application for Licensure as a Polysomnographer form. (Read AFFIDAVIT, Sign in front of Notary Public) Enclose processing fee by check or money order made payable to “State of Delaware.” (Currently listed as $165) Complete the Criminal History Record Check Authorization form to request State of Delaware and Federal Bureau of Investigation criminal background checks. Follow the instructions on the form to arrange to be fingerprinted. Complete, sign and submit the Delaware Child Protection Registry Request Form to the Department of Services for Children, Youth & Their Families following the instructions on the form. Submit a certificate showing you have passed a current BLS course that includes hands-on skills training.
11. PSG Law UpdateLicense Requirements – Additional Information Current Practitioner Currently practicing in Delaware AND was practicing as of July 1, 2011 W-2 form or if Self-employed Schedule C of tax return/business license Arrange for the Council to receive verification that you have passed the CPSGT or RPSGT exam and have credentials in good standing To request BRPT verification, see BRPT’s web site (www.brpt.org) * If you began practicing after July 1, 2011 or are not CPSGT/RPSGT you can not get a license as a current practitioner. SDS credential is not accepted for this pathway.
12. PSG Law UpdateLicense Requirements – Additional Information Endorsement Arrange for the Council office to receive a license verification (i.e., letter of good standing) sent directly from each jurisdiction where you have ever held a polysomnography license Internet or Faxed verification not accepted. Must have State seal affixed to document Submit copies of the licensing/practice statutes and regulations pertaining to the practice of polysomnography from each jurisdiction where you hold a current license. Must be substantially similar to or exceed Delaware requirements Arrange for the Council to receive verification that you have passed the CPSGT, RPSGT, or SDS exam and have credentials in good standing To request BRPT verification, see BRPT’s web site (www.brpt.org). To request NBRC verification, see NBRC’s web site (www.nbrc.org). * If the State licensing/practice standards and regs are not substantially similar to or exceed Delaware requirements, you can not get a license through Endorsement.
13. PSG Law UpdateLicense Requirements – Additional Information Original License Arrange for the Council office to receive verification that you have completed one of the following approved educational programs. Verification must be sent directly from the organization to the Council office. A polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs (www.caahep.org) or A respiratory care educational program that is accredited by the Committee on Accreditation for Respiratory Care and completion of the curriculum for polysomnography certificate established and accredited by the Committee on Accreditation for Respiratory Care (www.coarc.com) or An electroneurodiagnostic technologist educational program with a polysomnographic technology track that is accredited by the Commission on Accreditation of Allied Health Education Programs (www.caahep.org) or An Accredited Sleep Technologist Educational Program (A-STEP) that is accredited by the American Academy of Sleep Medicine (www.aasmnet.org) Arrange for the Council to receive verification that you have passed the CPSGT, RPSGT, or SDS exam and have credentials in good standing To request BRPT verification, see BRPT’s web site (www.brpt.org). To request NBRC verification, see NBRC’s web site (www.nbrc.org).
14. PSG Law UpdateLicense Requirements – Additional Information What if I don’t meet any of the pathways? Polysomnographic Trainee May perform polysomnography under the direct supervision of a licensed polysomnographer as part of the trainee’s clinical experience for no more than two years following his/her completion of an approved accredited educational program Direct supervision means that a licensed polysomnographer will be personally present and immediately available within the treatment area to provide aid, direction, and instruction when procedures are performed. All evaluations, progress notes, and/or chart entries must be co-signed by a licensed polysomnographer. A licensed polysomnographer may supervise no more than three students or trainees at one time. OJT – without credentials You must be in one of the pathways or be classified, by definition, as a polysomnographic student or trainee. Practicing without a license will subject you to disciplinary action.
15. PSG Law UpdateExemptions and Penalties Exemptions Polysomnographic Trainee A graduate of an approved accredited educational program may perform polysomnography under the direct supervision of a licensed polysomnographer as part of the trainee’s clinical experience for no more than two years following his/her program completion Polysomnographic Student A person who is enrolled in an approved accredited educational program may provide sleep-related services under the direct supervision of a licensed polysomnographer as a part of the person’s educational program DE Licensed RCP Delaware licensed respiratory care practitioners are exempt from these requirements Other Delaware physicians or other healthcare professionals who are engaging in the practice for which they are licensed Persons who are employees of the government or any of its bureaus, divisions, or agencies while in the discharge of the employee’s official duties.
16. PSG Law UpdateExemptions and Penalties Penalties Unauthorized Practice of Polysomnography Whoever engages in or attempts to engage in the practice of polysomnography contrary to the provisions shall be guilty of a class G felony and shall be fined not less than $500 and not more than $1,500, or imprisoned not more than 2 years, or both. Grounds for Discipline, Sanctions, or Penalties Violating a lawful provision of Title 24, Section 17 (Medical Practice Act) or any lawful regulation thereunder. Review the PSG law, the Rules and Regs, and any referenced titles, chapters, or subchapters from those documents. Duty to report conduct that constitutes grounds for discipline or inability to practice.
17. PSG Law Update Q&A Session