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. LBD01629-02-9A. 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.