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F I S C A L I M P A C T R E P O R T
SPONSOR SFC
ORIGINAL DATE
LAST UPDATED
1/25/08
2/13/08 HB
SHORT TITLE
Polysomnography Practice Act
SB CS/269/aSFL#1/aHJC
ANALYST C. Sanchez
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
$0
$0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY08
FY09
FY10 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$161
$161
$322 Recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Regulation and Licensing Department (RLD)
Attorney General (AGO)
Commission on Higher Education (CHE)
Medical Board (MB)
SUMMARY
Synopsis of HJC Amendment
The House Judiciary Committee Amendment makes technical changes to the bill.
Synopsis of SFL Amendment
The Senate Floor Amendment removes the exemption for respiratory care practitioners licensed
under the Respiratory Care Act.
pg_0002
CS/Senate Bill 269/aSFL#1/aHJC – Page
2
Synopsis of SFC Substitute
The Senate Finance Committee substitute for Senate Bill 269 would enact the
“Polysomnography Practice Act" which would generally regulate the administration of various
tests used to help diagnose and evaluate a number of sleep disorders (e.g. sleep apnea,
narcolepsy, etc.)
The bill would require a person engaged in the practice of polysomnography to have a licensed
issued by the medical board.
The bill provides that on and after July 1, 2011, a person who is engaged in the practice of
polysomnography must have a valid polysomnographic technologist license issued by the board.
It shall be unlawful for a person to engage in the practice of polysomnography after that date
unless the person has a valid polysomnographic technologist license issued by the board. The bill
exempts certain persons from the licensing requirements (trainees, students, other licensees,
federal employees, etc.)
The bill provides licensing requirements which include minimum age (18), education, and
examination.
The bill creates a non-reverting “polysomnography fund" in the state treasury which would
consist of revenue generated by licensing and administrative fees, and would be appropriated to
the Medical Board to carry out the provisions of the act.
The bill also creates a seven member “Polysomnography Practice Board" which would be
administratively attached to the Medical Board and would generally have powers regarding
licensing of polysomnographic technologists, temporary permitting of polysomnographic
technicians, approval of polysomnography curricula, approval of degree programs in
polysomnography and any other matters that are necessary to ensure the training and licensing of
competent polysomnographic technologists.
FISCAL IMPLICATIONS
SB 269 does not provide an appropriation to support the operations of the Board. The cost of
staff and board expenses to create a new licensed profession is approximately $161,000 per year
for the first two years. This includes the following expenses:
•
Administrative staff: 1 administrator = $58,000; one licensing staff = $42,000;
•
Board travel expenses: 4 meetings x 7 members = $16,000
•
Rule making expenses: 1 Rule hearing and publishing = $10,000
•
Office supplies and IT equipment: $10,000
•
Overhead expenses: $15,000
•
Contractual expenses: $10,000
Since professionals are not required to be licensed until 2011, there will be little or no revenue to
augment the operations of the Board until 2011. Without an appropriation from the general fund
to cover the expenses, the Medical Board will be required to support the operations of the Board
without any viable source of revenue.
pg_0003
CS/Senate Bill 269/aSFL#1/aHJC – Page
3
SIGNIFICANT ISSUES
Senate Bill 269 exempts persons qualified as members of a recognized profession, the practice of
which requires a license or is regulated pursuant to the laws of New Mexico, who render services
within the scope of their license or other regulatory authority provided that the person does not
represent that the person is a polysomnographic technologist. This would appear to exempt
physicians and other state licensed health care practitioners from the licensing requirements of
the new act. However, the bill also appears to exempt respiratory care practitioners licensed
under the Respiratory Care Act (NMSA 61-12B-1 et seq.) only if they are also “credentialed" by
the Polysomnography Board; and provides that respiratory care practitioners are subject to
disciplinary action pursuant to the Respiratory Care Act if they fail to adhere to the standards
established in the Polysomnography Practice Act and rules adopted pursuant to that act. See
Section 3C (5). This presumably will require “dual-licensure" for respiratory care practitioners
providing services which may involve the practice of Polysomnography, and will subject them to
discipline under the Respiratory Care Act for violations of the new Polysomnography Practice
Act.
OTHER SUBSTANTIVE ISSUES
Currently, individuals obtaining polysomnographic assessments have two choices: (1) they may
receive help from a respiratory care therapist who has specialized training; or (2) obtain
assistance from anyone who claims they maintain an unregulated specialty in the area.
The Respiratory Care Board believes this area of health care should be licensed, but the licensure
should be managed by the Respiratory Care Board thereby allowing that Board to implement
procedures and safeguards already recognized by the Board.
ALTERNATIVES
There are two alternatives:
(1) Work with the Respiratory Care Advisory Board to incorporate concerns addressed by this
Act into the Respiratory Act
(2) Collaborate efforts to protect the public in connection with matters pertaining to
polysomnographic assessment, monitoring, interpretation and treatment.
Create a specialty license under the Respiratory Care Advisory Board Act to oversee the
regulation of polysomnographic assessments.
The protections proposed by this Act would be best administered by the Respiratory Care
Advisory Board.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
The practice and profession of Polysomnography will continue without minimum standards and
continue to be unregulated, which may pose a risk for those with sleep disorders. Education,
training, and licensing of this profession will continue without measurable competence.
CS/nt:bb