Bill Text: NY A03705 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to persons designated by a general hospital to identify infectious disease processes, conduct surveillance and epidemiologic investigations, and develop plans to prevent and control the transmission of infectious agents within general hospitals.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2019-06-19 - REFERRED TO RULES [A03705 Detail]

Download: New_York-2019-A03705-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3705--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 30, 2019
                                       ___________

        Introduced  by  M. of A. GUNTHER, WOERNER, SANTABARBARA, LAVINE, TAYLOR,
          L. ROSENTHAL -- read once and referred to the Committee on  Health  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the public health law, in relation to the employment  of
          persons  to  function  as  infection preventionists in certain general
          hospitals

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

     1    Section  1.  The  public health law is amended by adding a new section
     2  2827 to read as follows:
     3    § 2827. Infection preventionists. 1. For the purposes of this section,
     4  the terms:
     5    (a) "infection preventionist" shall mean  a  person  designated  by  a
     6  general  hospital  to  identify  infectious  disease  processes, conduct
     7  surveillance and epidemiologic  investigations,  and  develop  plans  to
     8  prevent and control the transmission of infectious agents within general
     9  hospitals.
    10    (b)  "professional" shall mean a person licensed or certified pursuant
    11  to title eight of the education law.
    12    2. A person shall not function as  an  infection  preventionist  in  a
    13  general  hospital  and  a general hospital shall not employ or otherwise
    14  contract for the services of  an  infection  preventionist  unless  such
    15  person meets one of the following:
    16    (a)  (i)  has successfully passed an exam from a nationally accredited
    17  infection prevention and epidemiology accrediting organization; and (ii)
    18  holds and maintains certification in infection  prevention  and  control
    19  from  a  nationally  accredited  infection  prevention  and epidemiology
    20  certification organization; or
    21    (b) provides evidence that  such  person  was  employed  or  otherwise
    22  contracted  for  the services as an infection preventionist in a general

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01629-02-9

        A. 3705--A                          2

     1  hospital for a cumulative period of  one  year,  occurring  within  four
     2  years immediately prior to the effective date of this section. In furth-
     3  erance  of  this  paragraph, any contractor or employer of persons func-
     4  tioning  as  an  infection  preventionist  on the effective date of this
     5  section shall confirm in writing to each employee or contractor  his  or
     6  her  employment  in a capacity functioning as an infection preventionist
     7  in a general hospital as of the effective date of this section; or
     8    (c) is a student or intern performing the functions  of  an  infection
     9  preventionist  if such student or intern is under the direct supervision
    10  of an appropriately certified infection preventionist and is functioning
    11  within the scope of the student's or intern's training.
    12    3. An infection preventionist who does not meet  the  requirements  of
    13  paragraph  (b)  of subdivision two of this section shall have thirty-six
    14  months from the date of  hire  to  obtain  the  infection  preventionist
    15  credential outlined in paragraph (a) of subdivision two of this section.
    16    4.  A  general hospital may employ or otherwise contract with a person
    17  who does not meet the certification requirements required above to func-
    18  tion as an infection preventionist in a general hospital if:
    19    (a) after a diligent and thorough effort has been made, if such gener-
    20  al hospital is unable to employ or contract with a sufficient number  of
    21  qualified  infection  preventionists  who  meet the requirements of this
    22  section;
    23    (b) such general hospital makes a written record of  its  efforts  and
    24  retains such record at the general hospital; and
    25    (c)  the  person  obtains a credential as outlined in paragraph (a) of
    26  subdivision two of this section, within three  years  of  the  start  of
    27  employment  or  contracting for the performance of infection prevention-
    28  ists duties.
    29    5. A general hospital that employs  or  contracts  with  an  infection
    30  preventionist  shall,  upon request of another general hospital, or upon
    31  request of an infection preventionist employed by, formerly employed  by
    32  or  contracted  to perform as an infection preventionist at such general
    33  hospital, verify the dates of employment or contract of such person.
    34    6. Nothing in  this  section  shall  prohibit  any  professional  from
    35  performing  an  infection  preventionists'  tasks  or  functions if such
    36  person is acting within the scope of his or  her  practice.  Nothing  in
    37  this  section  shall  authorize  any individual not licensed pursuant to
    38  title eight of the education law to perform tasks  or  functions  within
    39  the scope of practice of a professional under such title.
    40    7. The commissioner shall promulgate regulations as he or she may deem
    41  appropriate to effectuate the purposes of this section.
    42    §  2. This act shall take effect on the first of January next succeed-
    43  ing the date upon which it shall have become a law.
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