Title of Regulation: 18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists (amending 18VAC85-140-60, 18VAC85-140-70, 18VAC85-140-90).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 16, 2015.

Effective Date: January 15, 2016.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia provides the Board of Medicine the general authority to promulgate regulations to administer the regulatory system. Section 54.1-2957.15 of the Code of Virginia requires an individual practicing as a polysomnograhpic technologist to be licensed by the board.

Purpose: The purpose of the amendments is to (i) correct the reference to the body that accredits professional organizations and (ii) clarify that the CPR course required for licensure and renewal of licensure is a hands-on course for health care providers. The amendment to specify that the course required is Basic Life Support for Health Care Providers is essential to ensure that these practitioners are actually able to perform rescue techniques if a client experiences respiratory or cardiac arrest. Polysomnographic technologists are often the only health care providers available when a sleep study is being conducted; their knowledge and skill in resuscitation techniques are necessary to protect public health and safety.

Rationale for Using Fast-Track Process: There is no controversy in the adoption of these amendments; they are strongly recommended by the Advisory Board on Polysomnographic Technology and by the staff of the Board of Medicine.

Substance: The amended regulations (i) correct the name of the national organization that accredited certifying or credentialing bodies from the National Organization for Competency Assurance to its new name, the Institute for Credentialing Excellence, and (ii) specify the required course is the Basic Life Support (BLS) for Health Care Providers with a hands-on practice training evaluation segment.

Issues: The primary advantage to the public is assurance that polysomnographic technologists conducting sleep studies are appropriately trained in BLS for Health Care Providers. There are no disadvantages.

There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Medicine (Board) proposes to: 1) within this regulation update the name of the national organization that accredits certifying or credentialing bodies, and 2) clarify which cardiopulmonary resuscitation course is required for polysomnographic technologist licensure.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Polysomnographic technologists work with licensed physicians to monitor, test, and treat individuals who suffer from sleep disorders. Chapter 838 of the 2010 Acts of Assembly directed the Board to begin licensing this profession and to develop the associated regulatory requirements. The initial regulations establishing licensure for this profession became effective on December 31, 2014.

One of the requirements for polysomnographic technologist licensure is documentation of a relevant certification or credential. One of the three choices for demonstrating a relevant certification or credential is described as follows: "A professional certification or credential approved by the board from an organization or entity that is a member of the National Organization for Competency Assurance." The entity formerly known as the National Organization for Competency Assurance is now called the Institute for Credentialing Excellence. The Board proposes to amend the regulation to reflect the current name of this entity. This proposed change may produce a moderate benefit in that it may save some individuals some wasted time searching for organizations that are members of an entity name that no longer applies.

The regulation text specifies that current certification in Basic Cardiac Life Support with a hands-on practice training evaluation segment is required for both initial licensure and license renewal. There has been some confusion among potential licensees as toward which existing courses would satisfy this requirement. The Board proposes to change "Basic Cardiac Life Support" to "Basic Life Support for Health Care Providers," the actual name of the course they must take. This proposed change may also provide some moderate benefit in that it will likely reduce confusion and perhaps save time for potential polysomnographic technologist licensees.

Businesses and Entities Affected. The proposed amendments affect polysomnographic technologists applying for licensure or renewal of licensure. The initial regulations establishing licensure for this profession became effective on December 31, 2014. Thus far 28 individuals have become licensed as polysomnographic technologists.¹

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments will not increase costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments do not significantly affect real estate development costs.

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¹Date source: Department of Health Professions

Agency's Response to Economic Impact Analysis: The Board of Medicine concurs with the economic impact analysis.

Summary:

The amendments (i) correct the name of the national organization that accredits certifying or credentialing bodies from the National Organization for Competency Assurance to its new name, the Institute for Credentialing Excellence, and (ii) specify that the required cardiopulmonary resuscitation course for polysomnographic technologist licensure is the Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment.

18VAC85-140-60. Licensure requirements.

A. An applicant for a license to practice as a polysomnographic technologist shall provide documentation of one of the following:

1. Current certification as a Registered Polysomnographic Technologist (RPSGT) by the Board of Registered Polysomnographic Technologists;

2. Documentation of the Sleep Disorders Specialist credential from the National Board of Respiratory Care (NBRC-SDS); or

3. A professional certification or credential approved by the board from an organization or entity that is a member of the National Organization for Competency Assurance meets the accreditation standards of the Institute for Credentialing Excellence.

B. An applicant for licensure shall provide documentation of current certification in Basic Cardiac Life Support for Health Care Providers with a hands-on practice training evaluation segment.

Part III
Renewal and Reinstatement

18VAC85-140-70. Renewal of license.

A. Every licensed polysomnographic technologist who intends to maintain an active license shall biennially renew his license each odd-numbered year during his birth month and shall:

1. Submit the prescribed renewal fee;

2. Attest to having current certification in Basic Cardiac Life Support (BCLS) for Health Care Providers with a hands-on practice training evaluation segment; and

3. Attest to having met the continuing education requirements of 18VAC85-140-100.

B. The license of a polysomnographic technologist is lapsed if the license has not been renewed by the first day of the month following the month in which renewal is required. Practice with a lapsed license may be grounds for disciplinary action. A license that is lapsed for two years or less may be renewed by payment of the renewal fee and a late fee as prescribed in 18VAC85-140-40 and attestation of compliance with continuing education requirements and current BCLS Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment certification.

18VAC85-140-90. Reactivation or reinstatement.

A. To reactivate an inactive license or to reinstate a license that has been lapsed for more than two years, a polysomnographic technologist shall submit an attestation of current certification in Basic Cardiac Life Support (BCLS) for Health Care Providers with a hands-on practice training evaluation segment and evidence of competency to return to active practice to include one of the following:

1. Information on continued active practice in another jurisdiction during the period in which the license has been inactive or lapsed;

2. Attestation of at least 10 hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed three years; or

3. Recertification by passage of an examination for the Registered Polysomnographic Technologist (RPSGT), the Sleep Disorders Specialist credential from the National Board of Respiratory Care (NBRC-SDS), or other credential approved by the board for initial licensure.

B. To reactivate an inactive license, a polysomnographic technologist shall pay a fee equal to the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure.

C. To reinstate a license that has been lapsed for more than two years, a polysomnographic technologist shall file an application for reinstatement and pay the fee for reinstatement of his licensure as prescribed in 18VAC85-140-40. The board may specify additional requirements for reinstatement of a license so lapsed to include education, experience, or reexamination.

D. A polysomnographic technologist whose licensure has been revoked by the board and who wishes to be reinstated shall make a new application to the board, fulfill additional requirements as specified in the order from the board, and make payment of the fee for reinstatement of his licensure as prescribed in 18VAC85-140-40 pursuant to § 54.1-2408.2 of the Code of Virginia.

E. The board reserves the right to deny a request for reactivation or reinstatement to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.