2. Education: have received an education, including completion of an approved associate degree program in respiratory therapy or in a program determined by the department to be the equivalent;

3. Experience: have experience satisfactory to the board and in accordance with the commissioner's regulations; 4. Examination: pass an examination satisfactory to the board and in accordance with the commissioner's regulations;

5. Age: be at least eighteen years of age;

6.

Character: be of good moral character as determined by the department; and

7. Fees: pay a fee of one hundred seventy-five dollars to the department for admission to a department conducted examination and for an initial license; a fee of eighty-five dollars for each re-examination; a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination and a fee of one hundred fifty-five dollars for each triennial registration period commencing on and after June first, nineteen hundred ninety-three. $8505. Exempt persons. This article shall not prohibit:

1. The practice of respiratory therapy as an integral part of a program of study by students enrolled in approved respiratory therapy education programs;

2. The performance of any of the modalities included in the definition of respiratory therapy by any other duly licensed, certified or registered health care provider, provided that such modalities are within the scope of his or her practice;

3. Unlicensed assistants from being employed in a hospital, as defined in article twenty-eight of the public health law, for purposes other than the practice of respiratory therapy;

4. The practice of respiratory therapy by any legally qualified respiratory therapy practitioner of any other state or territory who is serving in the armed forces or the public health service of the United States or who is employed by the veterans administration, while engaged in the performance of his or her duties.

§ 8506. Limited permits. Permits limited as to eligibility, practice and duration shall be issued by the department to eligible applicants as follows:

1. Eligibility. A person who fulfills all requirements for registration as a respiratory therapist except that relating to the examination shall be eligible for a limited permit.

2. Limit of practice. All practice under a limited permit shall be under the direct supervision of a licensed respiratory therapist physician specializing in pulmonary medicine, an anesthesiologist or an otherwise legally authorized physician.

3. Duration. A limited permit shall expire one year from the date of issuance or upon notice to the permittee by the department that the application for licensure has been denied, or ten days after notification to the permittee of failure on the professional licensing examination, whichever first occurs; provided, however, that if the permittee is awaiting the results of a licensing examination at the time such limited permit expires, such permit shall continue to be valid until ten days after notification to the permittee of the result of such examination. 4. Fees. The fee for each limited permit shall be seventy dollars.

§ 8507. Special provisions. A person shall be licensed without examination provided that, within one year of the effective date of this ticle, the individuals:

ar

1. files an application and pays the appropriate fees to the department; and 2. (a) is registered by a national certifying or accrediting board for respiratory therapy acceptable to the department, or

less

(b) has practiced respiratory therapy in a hospital, as defined in article twenty-eight of the public health law, in the state for not than three years within the last five years prior to the effective date of this article, or

(c) has met the educational standards of a hospital, as defined in article twenty-eight of the public health law, or, in the case of a hospital operated by a public benefit corporation, has met the educational standards of such corporation, and has practiced as a respiratory therapist for at least one year in such hospital.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

§ 8508. Definition of the practice of respiratory therapy technician. A respiratory therapy technician means a person licensed in accordance with this article who works under the supervision of a licensed respiratory therapist or a licensed or otherwise legally authorized physician performing tasks and responsibilities within the framework of the practice of respiratory therapy.

§ 8509. Duties of respiratory therapy technicians and use of the title "respiratory therapy technician". Only a person licensed or otherwise authorized under this article shall participate in the practice of respiratory therapy as a respiratory therapy technician and only a son licensed under this article shall use the title "respiratory therapy technician".

per

§ 8510. Requirements for licensure as a respiratory therapy technician. To qualify for a license as a respiratory therapy technician applicant shall fulfill the following requirements:

1. Application: file an application with the department;

an

2. Education: have received an education including completion of high school or its equivalent and have completed an approved one-year certificate respiratory therapy education program, or a program determined equivalent, in accordance with the commissioner's regulations;

3. Experience: have experience satisfactory to the board and in accordance with the commissioner's regulations; 4. Examination: pass an examination satisfactory to the board and in accordance with the commissioner's regulations;

5. Age: be at least eighteen years of age;

6. Character: be of good moral character as determined by the department; and

7. Fees: pay a fee of ninety dollars to the department for admission to a department conducted examination and for an initial license; a fee of sixty dollars for each re-examination; a fee of fifty dollars for an initial license for persons not requiring admission to a department conducted examination and a fee of ninety dollars for each triennial registration period commencing on and after June first, nineteen hundred ninety-three.

§ 8511. Limited permits. 1. Eligibility. The department may issue a limited permit to an applicant who meets all requirements for admission to the licensing examination.

2. Limit of practice. All practice under a limited permit shall be under the direct supervision of a licensed respiratory therapist or a licensed or otherwise legally authorized physician.

ар

3. Duration. A limited permit shall expire one year from the date of issuance or upon notice to the permittee by the department that the plication for registration has been denied, or ten days after notification to the permittee of failure on the professional licensing examination, whichever first occurs; provided, however, that if the permittee is awaiting the results of a licensing examination at the time such limited permit expires, such permit shall continue to be valid until ten days after notification to the permittee of the result of examination.

4. Fees. The fee for each limited permit shall be fifty dollars.

such

§ 8512. Exempt persons. This article shall not prohibit: 1. a respiratory therapy student or a respiratory therapy technician student from engaging in clinical assistance under the supervision of a licensed respiratory therapist or a licensed or otherwise legally authorized physician as an integral part of a program of study by students enrolled in an approved respiratory therapy technician program or in a clinical facility or health care agency affiliated with the program for respiratory therapy technicians; or

2. the performance of any of the tasks or responsibilities included in the definition of respiratory therapy technician by any other duly licensed, certified or registered health care provider, provided that such tasks or responsibilities are within the scope of his or her practice; or

3. unlicensed assistants from being employed in a hospital, as defined in article twenty-eight of the public health law, for purposes other than the practice of respiratory therapy technician; or

4. the practice of respiratory therapy by any legally qualified respiratory therapy practitioner of any other state or territory who is serving in the armed forces or the public health service of the United States or who is employed by the veterans administration, while engaged in the performance of his or her duties.

§ 8513. Special provisions. A person shall be licensed without examination provided that, within one year of the effective date of this article, the individual:

1. files an application and pays the appropriate fees to the department; and 2. (a) is certified by a national certifying or accrediting board for respiratory therapy technicians acceptable to the department, or

(b) has practiced as a respiratory therapy technician in a hospital, as defined in article twenty-eight of the public health law, in the state for not less than two years within the last five years, or

(c) has met the educational standards of a hospital, as defined in article twenty-eight of the public health law, or, in the case of a hospital operated by a public benefit corporation, has met the educational standards of such corporation, and has practiced as a respiratory therapy technician for at least one year in such hospital.

§ 2. The opening paragraph of section 6509-a of the education law, as amended by chapter 606 of the laws of 1991, is amended to read as

follows:

Notwithstanding any inconsistent provision of this article or of any other provision of law to the contrary, the license or registration of a person subject to the provisions of articles one hundred thirty-two, one hundred thirty-three, one hundred thirty-six, one hundred thirty-seven, one hundred thirty-nine, one hundred forty-one, one hundred forty-three, one hundred forty-four, one hundred fifty-six [and], one hundred fiftynine and one hundred sixty-four of this chapter may be revoked, suspended or annulled or such person may be subject to any other penalty provided in section sixty-five hundred eleven of this article in accordance with the provisions and procedure of this article for the following:

§3. This act shall take effect June 1, 1993; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date is authorized and directed to be made and completed on or before such date.

CHAPTER 818

(See FISCAL NOTE at end of Chapter.)

AN ACT to amend the retirement and social security law, in relation to including compensation for working vacations in the computation of final average salary for certain police and fire retirees

Became a law August 7, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subparagraph 1 of paragraph e of subdivision 9 of section 302 of the retirement and social security law, as added by chapter 754 of the laws of 1988, is amended to read as follows:

(1) Notwithstanding the provisions of paragraph d of this subdivision and of section four hundred thirty-one of this chapter, compensation earned for working vacations shall be considered regular compensation for the purpose of calculating the final average salary under paragraph d of this subdivision of a member whose employer elects the benefit provided under this paragraph and to assume the additional cost. The benefit provided for in this paragraph shall be conditioned upon the participating employer electing, in a manner similar to that provided in subdivision a of section three hundred thirty of this article, to provide this benefit and assume the additional cost thereof, The additional cost for the election of this option, for a member whose employer EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

is a unit of government in the city of Buffalo, may require a past service cost which shall be borne over a five year period from the date of election. The first year payment shall not exceed $1.35 million, with the balance to be paid in four equal annual payments. Such election shall only apply to all of the eligible employees who retired on or before the effective date of this paragraph. Such election must be filed with the comptroller on or before December thirty-first, nineteen hundred ninety; provided, however, for a member whose employer is a unit of government in the city of Buffalo, such election must be filed with the comptroller on or before December thirty-first, nineteen hundred ninetythree.

§ 2. This act shall take effect immediately.

FISCAL NOTE. -This bill would extend to December 31, 1993, the date by which the City of Buffalo may elect to allow compensation earned for working vacations to be included in a one-year final average salary computation for members who retired from its employ on or before December 26, 1988.

if

this bill is enacted, there will be an immediate past service cost of approximately $8 million which will be borne by the City of Buffalo over a five-year period. The first payment will be $1.35 million, and the remaining four payments will be $2.1 million each.

This estimate, dated June 22, 1992, and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-374 prepared by the Actuary for the New York State and Local Police and Fire Retirement System.

CHAPTER 819

AN ACT to amend the mental hygiene law, in relation to employee assistance programs and repealing Chapter 449 of the laws of 1988 relating to employee assistance programs

The

Became a law August 7, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 1.03 of the mental hygiene law is amended by adding a new subdivision 39 to read as follows:

39. "Employee assistance program" means a confidential program designed to assist employees and their families, through identification, motivation referral, and follow-up, with problems that may interfere with the employees' ability to perform on the job effectively, efficiently and safely. Such problems include alcohol and substance abuse problems, emotional, marital, family, and other personal problems.

§ 2. The mental hygiene law is amended by adding a new section 41.54

to read as follows:

§ 41.54 Employee assistance programs.

(a) The director of the division of alcoholism and alcohol abuse may, within appropriations made therefor, provide assistance in establishing

and maintaining employee assistance programs.

(b) Such assistance may be provided to a consortium, a not-for-profit corporation that provides employee assistance program services to two or more of the following:

(1) an employer of less than seven hundred fifty employees; (2) a labor organization;

(3) a professional organization;

(4) a community organization; or

(5)

an employer of an economically distressed industry or located in an economically distressed region, or a business owned by or employing a high proportion of women or minorities.

(c) The division of alcoholism and alcohol abuse shall adopt rules and regulations to effectuate the provisions of this section, in consultation with other appropriate state agencies. Such rules and regulations shall include, but not be limited to, provisions relating to:

(1) the

establishment of an advisory board, which shall work in consultation with the advisory council on alcoholism services and the advisory council on substance abuse, and whose membership shall include, but not be limited to, individuals from the Occupational programs, professions and representatives of small businesses and labor organizations, and whose duties shall include, but not be limited to, recommendation of criteria for funding, and methods of determining program ac

countability;

(2) procedures for approval of funding for a program, including, but not limited to, elements necessary for the development and implementation of, and qualifications necessary for the staffing of, employee assistance program services;

(3) criteria for the confidentiality and maintenance of records; and (4) minimum program standards for the operation of effective and appropriate employee assistance programs.

(d) Within amounts available therefor and subject to regulations established by the director and notwithstanding any other provisions of this article, financial assistance to an employee assistance program shall not exceed seventy percent of the non-capital expenditures of the program's first year of operation for such year, fifty percent of such expenditures for the program's second year of operation, forty percent for the program's third year of operation, and thirty percent of such expenditures for the fourth year of operation. No program shall receive financial aid under this section after completion of the fourth year. (e) Applications for assistance shall be made in the manner prescribed by the director.

§ 3. Chapter 449 of the laws of 1988 relating to employee assistance programs is repealed.

§ 4. This act shall take effect immediately.

CHAPTER 820

AN ACT to amend the private housing finance law, in relation to initial rents in respect of certain loans to owners of existing multiple dwellings and to amend chapter 449 of the laws of 1986 amending the private housing finance law, relating to establishing initial rents in respect of certain loans to owners of existing multiple dwellings, in relation to the effective date thereof

Became a law August 7, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1-b of section 405 of the private housing finance law, as amended by chapter 449 of the laws of 1986, is amended to read as follows:

1-b. Notwithstanding the provisions of subdivision one of this section, where the housing accommodations in any multiple dwelling are aided by a loan pursuant to this article made by the municipality on or after September first, nineteen hundred eighty-four, and provided that such housing accommodations were vacant at the time of the making of the loan, [and provided that such housing accommodations are used as temporary emergency shelters,] maximum rents during the life of such loan shall be prescribed by the agency and the rental rate may be varied by the agency from time to time upon application by the owner or by the agency so as to secure, together with all other income from such property, sufficient income to meet within reasonable limits, all neces sary payments to be made by the owner of all expenses, including fixed charges, sinking funds, reserves and dividends. [If such housing accomEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law