Bill Text: NY A04352 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes integrated pest management requirements for hospitals including a requirement that all hospitals have pest management plans for pest control activities; makes related provisions.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-02-09 - advanced to third reading cal.335 [A04352 Detail]

Download: New_York-2011-A04352-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4352
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation  to  integrated  pest
         management requirements for 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  2803-t to read as follows:
    3    S  2803-T.  INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR HOSPITALS.  1.
    4  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED:
    5    (A) "INTEGRATED PEST MANAGEMENT" MEANS A DECISION-MAKING  PROCESS  FOR
    6  PEST  CONTROL  THAT UTILIZES REGULAR MONITORING TO DETERMINE IF AND WHEN
    7  CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,  BIOLOGICAL
    8  AND EDUCATIONAL TACTICS TO CONTROL CONDITIONS THAT PROMOTE PEST INFESTA-
    9  TIONS  AND  TO  KEEP  PEST  POPULATIONS AT TOLERABLE DAMAGE OR ANNOYANCE
   10  LEVELS; AND ONLY  AS  A  LAST  RESORT,  UTILIZES  LEAST-TOXIC  PESTICIDE
   11  CONTROLS.  THE OVERALL GOALS OF INTEGRATED PEST MANAGEMENT ARE TO ELIMI-
   12  NATE THE UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL  PESTI-
   13  CIDES.
   14    (B) "FACILITIES" MEANS HOSPITAL BUILDINGS, LAND AND OTHER APPURTENANC-
   15  ES.
   16    2.  TO  ENSURE  THAT  HOSPITALS  ARE SAFE AND HEALTHY ENVIRONMENTS FOR
   17  PATIENTS, VISITORS AND  HOSPITAL  STAFF  MEMBERS,  CERTAIN  REQUIREMENTS
   18  SHALL BE PLACED ON PESTICIDE USE IN HOSPITAL FACILITIES.
   19    (A)  EACH  HOSPITAL  SHALL  HAVE  A  PEST MANAGEMENT PLAN FOR ALL PEST
   20  CONTROL ACTIVITIES. SUCH PLAN SHALL UTILIZE INTEGRATED  PEST  MANAGEMENT
   21  TECHNIQUES  TO  MANAGE  AND  CONTROL PESTS AND PROBLEMS. EACH INTEGRATED
   22  PEST MANAGEMENT PLAN SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO  ALL
   23  INFORMATION  ABOUT  THE IMPLEMENTATION OF THE PLAN. HOSPITALS MAY ESTAB-
   24  LISH ADVISORY COMMITTEES TO ASSIST IN THE DEVELOPMENT OF INTEGRATED PEST
   25  MANAGEMENT PLANS, AND TO MONITOR THE IMPLEMENTATION OF  SUCH  PLANS.  NO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05272-01-1
       A. 4352                             2
    1  HOSPITAL  SHALL  CONDUCT  OR HAVE CONDUCTED ANY PESTICIDE APPLICATION TO
    2  ITS FACILITIES WHICH IS  PREVENTATIVE  IN  NATURE  AND  WHICH  DOES  NOT
    3  RESPOND TO A VERIFIABLE PEST PROBLEM.
    4    (B)  EACH HOSPITAL SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALU-
    5  ATION OF THE IMPLEMENTATION OF ITS INTEGRATED PEST  MANAGEMENT  PLAN  TO
    6  THE  DEPARTMENT. EVERY HOSPITAL SHALL UPDATE ITS INTEGRATED PEST MANAGE-
    7  MENT PLAN AT LEAST ONCE EVERY THREE YEARS.
    8    (C) EVERY PESTICIDE  APPLICATION  AT  A  HOSPITAL  FACILITY  SHALL  BE
    9  CONDUCTED BY A CERTIFIED COMMERCIAL PESTICIDE APPLICATOR. NO SUCH APPLI-
   10  CATION  SHALL  BE  CONDUCTED  BY A PERSON NOT SO CERTIFIED REGARDLESS OF
   11  WHETHER SUCH PERSON IS WORKING UNDER THE DIRECT SUPERVISION OF A  CERTI-
   12  FIED COMMERCIAL PESTICIDE APPLICATOR.
   13    (D)  A  NOTICE  OF  PESTICIDE  APPLICATION AND A COPY OF THE PESTICIDE
   14  LABEL SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A  BUILDING  WHICH
   15  IS TO RECEIVE A PESTICIDE APPLICATION. SUCH COMMON AREA SHALL BE READILY
   16  ACCESSIBLE  TO  ALL  PERSONS  IN THE BUILDING. SUCH NOTICE AND PESTICIDE
   17  LABEL SHALL REMAIN POSTED FOR NOT LESS THAN FORTY-EIGHT HOURS  FOLLOWING
   18  THE  PESTICIDE  APPLICATION.  THE  NOTICE OF PESTICIDE APPLICATION SHALL
   19  INCLUDE, BUT NOT BE LIMITED TO, THE  NAME  AND  TELEPHONE  NUMBER  OF  A
   20  HOSPITAL  EMPLOYEE OR CONTACT PERSON WHO SHALL PROVIDE DETAILED INFORMA-
   21  TION ON THE PESTICIDE APPLICATION. A COPY OF THE PESTICIDE  LABEL  SHALL
   22  BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN TWENTY-FOUR
   23  HOURS OF SUCH REQUEST.
   24    (E)  WHEN  PESTICIDES  ARE APPLIED TO HOSPITAL GROUNDS, TURF, TREES OR
   25  SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED BY SECTION  33-1003  OF
   26  THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY
   27  FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
   28    S 2. This act shall take effect on the one hundred eightieth day after
   29  it shall have become a law.