Several incidents involving a sleep technician charged with felony and misdemeanor sexual assault for inappropriately touching patients during sleep tests has prompted the introduction of a bill calling for sleep technician licensing.

Introduced by State Sen Jeff Denham (R-Merced), the “Polysomnographic Technologist Act” Senate Bill 1125 aims to prevent criminal abuse and ensure proper medical diagnosis, as well as ensure a standard of training and accountability for the profession.

"Hundreds and possibly thousands of unlicensed technicians are working with patients in vulnerable circumstances where most have not had a criminal background check and competency testing is optional. Failure to perform competently and protect the consumer holds little or no consequence for unlicensed personnel," said Stephanie Nunez, executive officer for the Respiratory Care Board of California. "These individuals are accountable only to their employer. Further, inaccurate testing and misdiagnoses can result in serious harm to patients and unnecessary health care costs."

"I want to ensure that these health care workers are held accountable for their care and personal actions," stated Denham. "The thought that someone could be violated in a health care facility while they are innocently sleeping is unnerving.”

The Board of Registered Polysomnographic Technologists (BRPT) reacted to the bill with a desire to collaborate in efforts to protect the public. In an e-mail statement released by the BRPT, the organization stated, “The BRPT would welcome the opportunity to work with Senator Denham, the California sleep community, AASM, and other interested parties to develop legislation that increases professionalism in the field of polysomnography, improves health care, and protects the public.” The BRPT is conducting a thorough review of the bill before commenting on specifics.

The American Academy of Sleep Medicine (AASM) is also examining the subject matter of the bill before issuing a response; however, the association did state, “The American Academy of Sleep Medicine has not received California Senate Bill 1125 for review and cannot comment on its content. However, the AASM will thoroughly review and evaluate the legislation and make an appropriate comment at that time.”

The popularity of sleep medicine has grown rapidly. The Respiratory Care Board of California estimates there are more than 175 sleep laboratories in California and that 65% of the personnel are not licensed. The Board believes these figures will continue to rise because it is a lucrative field lacking regulation, coupled with a growing demand for testing. Sleep testing is being performed in homes, hotel rooms, independent and unregulated facilities, as well as hospitals. Licensure for sleep techs would ensure a standard of training, as well as accountability for the profession, states a press release posted on Denham’s Web site.

"There's not a law in place to prevent any person in this field from committing a sexual crime, serving their time, and returning to the same field," said Denham. "My bill would ensure these sick individuals aren't allowed to repeat their crimes and hurt more innocent patients."

"This bill will further the advancement of professionalism and safety within the sleep medicine (polysomnography) profession while protecting the interests of the California consumer," said California Society for Respiratory Care (CSRC) President Mark Goldstein, RRT, RCP. "The CSRC commends Senator Denham for bringing this bill and issue forward as it is a balanced approach to a complex issue."

Full text of the bill can be read here.