(a) On and after July 1, 2014, any person who is engaged in the practice of polysomnography must be licensed as provided in this chapter. It shall be unlawful for any person to engage in the practice of polysomnography on or after July 1, 2014, unless such person is practicing polysomnography under the provisions of this chapter.
(b) Polysomnographic license. — (1) A licensed polysomnographer may provide sleep-related services under the general supervision of a licensed physician;
(2) A person seeking licensure as a licensed polysomnographer must present proof that the person meets the following requirements:
a. Must be at least 18 years of age, and must pay the fees established by the Division of Professional Regulation;
b. The licensed polysomnographer applicant must have successfully completed 1 of the educational requirements in § 1799V of this title and passed an exam which is accredited by an independent outside agency and recommended by the Council and approved by the Board unless otherwise exempt pursuant to paragraph (b)(3) of this section;
c. The licensed polysomnographer applicant must meet any additional educational or clinical requirements established by the Board.
(3) Any individual who is engaged in the practice of polysomnography as of July 1, 2011, shall be eligible for licensure under this chapter without meeting the educational requirement in § 1799V of this title, if the individual has:
a. Passed the national certifying examination given by the BRPT;
b. Been credentialed by the BRPT; and
c. Met any additional educational or clinical requirements established by the Council and approved by the Board.
(4) Before practicing polysomnography, an individual must obtain a polysomnographic license from the Board.
(5) To be eligible for renewal of a license to engage in the practice of polysomnography, a licensed polysomnographer must continue to be credentialed by BRPT, or other organization approved by the Council.
(6) Licensure. — a. No person shall represent oneself or engage in the practice of polysomnography as a licensed polysomnographer in this State or use the title “polysomnographer,” “licensed polysomnographer,” “LPSGT,” or any combination of above terms and/or abbreviations unless such a person is licensed under this subchapter.
b. This subchapter does not prohibit or restrict:
1. Any person licensed in this State under any chapter of this title who are physicians or other healthcare professionals from engaging in the practice for which that person is licensed;
2. The practice of polysomnography by a person who is employed by the United States or state government or any of its bureaus, divisions, or agencies while in the discharge of the employee's official duties;
3. The supervised practice of polysomnography of a person pursuing a course of study leading to a certificate or degree in polysomnography or an equivalent major, as authorized by the Board, from an accredited school or program approved by the Council, if the activities and services constitute a part of a supervised course of study and if the person is designated by a title that clearly indicates the person's status as a student. This period is not to exceed 2 years unless written approval is provided by the Board. The individual will be supervised by an individual licensed under this subchapter or a physician; or
4. The provision of diagnostic electroencephalograms conducted in accordance with the guidelines of the American Clinical Neurophysiology Society.
c. The provisions of this subchapter shall not apply to licensed respiratory care practitioners.
(c) Waiver of requirements. — The Polysomnography Advisory Council, by the affirmative vote of 5 of its members and with the approval of the Board within 30 days of the vote, may waive the quarterly meeting requirements of § 1799W(d) of this title.
(d) License denial. — If it appears to the Board that an applicant has been intentionally fraudulent or that an applicant has intentionally submitted, or intentionally caused to be submitted, false information as part of the application process, the Board may not issue a license to the applicant and must report the incident of fraud or submitting false information to the Office of the Attorney General for further action.
(e) An applicant who is applying for licensure under this subchapter shall:
(1) Submit an application prescribed by the Council.
(2) Submit a certified criminal background check pursuant to § 1720(b)(6) of this title.
(3) The applicant may not have an impairment related to the current use of drugs or alcohol which substantially impairs the practice of polysomnography with reasonable skill and safety.
(f) The Board may refuse or reject an applicant, if after hearing, the Board finds that:
(1) The applicant has engaged in activities that are grounds for discipline under § 1799BB of this title.
(2) The applicant has been convicted of a crime substantially related to the practice of polysomnography as determined by the Board in its rules and regulations.
(3) The applicant has been the recipient of any administrative penalties from any other jurisdiction or jurisdictions regarding the applicant's practice of polysomnography, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any “consent agreements” which contain conditions placed by a Board on the applicant's professional conduct and practice, including any voluntary surrender of a license in lieu of discipline.
(g) Waiver of requirements. — The Council, by the affirmative vote of 3 of its members and with the approval of the Board within a reasonable period of time from the vote, may waive the requirements of paragraph (f)(2) of this section if it finds all of the following by clear and convincing evidence:
(1) The applicant's education, training, qualifications and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;
(2) The applicant is capable of practicing as a polysomnographer in a competent and professional manner;
(3) The granting of the waiver will not endanger the public health, safety, or welfare; and
(4) For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service;
(5) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
(h) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, and imposed higher or different standards for the person than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.