Bill Text: NY A07845 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the health care practitioner hygienic dress code program within the department of health to address clothing, jewelry and identification tags worn by health care professionals that may cause infection, disease and bacteria in patients, visitors and the general public.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2012-05-31 - print number 7845c [A07845 Detail]

Download: New_York-2011-A07845-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7845--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 19, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
         Committee on Health -- recommitted  to  the  Committee  on  Health  in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT to amend the public health law, the education law and the insur-
         ance law, in relation  to  establishing  a  health  care  practitioner
         hygienic   dress  code;  and  providing  for  the  repeal  of  certain
         provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Article 2 of the public health law is amended by adding a
    2  new title 6 to read as follows:
    3                                   TITLE 6
    4                      HEALTH CARE PRACTITIONER HYGIENIC
    5                                 DRESS CODE
    6  SECTION 266. HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE.
    7    S 266. HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE.  1.  DEFINITIONS.
    8  THE  FOLLOWING  WORDS  OR  PHRASES  AS USED IN THIS TITLE SHALL HAVE THE
    9  FOLLOWING MEANINGS:
   10    (A) "CONTINUING EDUCATION"  SHALL  MEAN  ALL  PROFESSIONAL  CONTINUING
   11  EDUCATION  PROGRAMS  REQUIRED  EITHER  BY  STATE LAW, OR BY PROFESSIONAL
   12  ASSOCIATIONS AUTHORIZED BY  THE  EDUCATION  DEPARTMENT  TO  MONITOR  THE
   13  REQUIREMENTS  OF  LICENSURE  OR  CERTIFICATION AND TO CONDUCT CONTINUING
   14  EDUCATION REQUIRED TO BE COMPLETED BY A HEALTH CARE PRACTITIONER.
   15    (B) "COUNCIL" SHALL MEAN THE STATE HEALTH CARE  PRACTITIONER  HYGIENIC
   16  DRESS CODE COUNCIL ESTABLISHED BY SUBDIVISION TWO OF THIS SECTION.
   17    (C) "HEALTH CARE FACILITY" SHALL MEAN AND INCLUDE A HOSPITAL AND RESI-
   18  DENTIAL  HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
   19  ONE OF THIS CHAPTER, AND ANY SETTING IN WHICH A HEALTH CARE PRACTITIONER
   20  REGULARLY PRACTICES HIS OR HER PROFESSION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10964-05-2
       A. 7845--A                          2
    1    (D) "HEALTH CARE PRACTITIONER" SHALL MEAN ANY  PERSON  LICENSED  AS  A
    2  PHYSICIAN  PURSUANT  TO  ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION
    3  LAW, PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT PURSUANT TO ARTICLE ONE
    4  HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, NURSE PURSUANT TO ARTICLE ONE
    5  HUNDRED THIRTY-NINE OF THE EDUCATION LAW, OR MIDWIFE PURSUANT TO ARTICLE
    6  ONE HUNDRED FORTY OF THE EDUCATION LAW.
    7    2. STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL. (A) THE
    8  STATE  HEALTH  CARE  PRACTITIONER  HYGIENIC DRESS CODE COUNCIL IS HEREBY
    9  ESTABLISHED IN THE DEPARTMENT TO  BE  AN  EXPERT  PANEL  TO  ADVISE  THE
   10  COMMISSIONER  AND  THE  COMMISSIONER OF EDUCATION ON: (I) THE BEST PRAC-
   11  TICES RELATED TO MITIGATING  AND  ELIMINATING  THE  SPREAD  OF  DISEASE,
   12  INFECTION  AND  BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN
   13  HEALTH CARE FACILITIES BY MEANS OF THE UNHYGIENIC CLOTHING, JEWELRY  AND
   14  HEALTH CARE FACILITY IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITION-
   15  ERS AND THE CLEANING PERSONNEL OF SUCH FACILITIES, (II) THE PROMOTION OF
   16  BETTER  AND  COORDINATED POLICIES TO ENSURE BETTER HYGIENIC PRACTICES IN
   17  HEALTH CARE FACILITIES, AND  (III)  THE  DEVELOPMENT  OF  GUIDELINES  TO
   18  ASSIST  THE EDUCATION DEPARTMENT IN ESTABLISHING MATERIALS AND CURRICULA
   19  TO BE USED IN PROVIDING CONTINUING EDUCATION  PROGRAMS  TO  HEALTH  CARE
   20  PRACTITIONERS ON THE USE OF A HYGIENIC DRESS CODE TO MINIMIZE THE SPREAD
   21  OF DISEASE, INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL
   22  PUBLIC.
   23    (B)  THE COUNCIL SHALL BE COMPOSED OF TWENTY-FIVE MEMBERS APPOINTED BY
   24  THE  COMMISSIONER.  THE  COMMISSIONER  SHALL  SEEK  RECOMMENDATIONS  FOR
   25  APPOINTMENTS  FROM  THE COMMISSIONER OF EDUCATION AND THE SUPERINTENDENT
   26  OF FINANCIAL SERVICES. THE  MEMBERSHIP  OF  THE  COUNCIL  SHALL  INCLUDE
   27  REPRESENTATIVES  OF  THE  VARIOUS  PROFESSIONS  WITHIN THE DEFINITION OF
   28  HEALTH CARE PRACTITIONER, THE VARIOUS FACILITIES AND SETTINGS WITHIN THE
   29  DEFINITION OF HEALTH CARE FACILITY, EDUCATORS OF HEALTH CARE PRACTITION-
   30  ERS, CLEANING AND STERILIZATION SERVICES  FOR  HEALTH  CARE  FACILITIES,
   31  PHARMACEUTICAL COMPANIES, AND INSURERS AND CORPORATIONS PROVIDING HEALTH
   32  CARE COVERAGE.  THE CHAIR OF THE COUNCIL SHALL BE A MEMBER THEREOF AS IS
   33  SO DESIGNATED BY THE COMMISSIONER.
   34    (C) THE MEMBERS OF THE COUNCIL SHALL HAVE EXPERTISE IN THE MAINTENANCE
   35  AND  CREATION  OF  SANITARY  AND HYGIENIC CONDITIONS IN THE TREATMENT OF
   36  PATIENTS BY HEALTH CARE PRACTITIONERS AND IN HEALTH CARE FACILITIES. THE
   37  TERM OF OFFICE OF SUCH MEMBERS SHALL BE FOUR YEARS. THE MEMBERS  OF  THE
   38  COUNCIL  SHALL  RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
   39  ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES IN THE PERFORMANCE OF  THEIR
   40  DUTIES.
   41    (D)  THE  COUNCIL  SHALL MEET UPON THE CALL OF THE COMMISSIONER OR THE
   42  CHAIR. THE COUNCIL MAY ADOPT REGULATIONS CONSISTENT WITH THIS SECTION.
   43    (E) THE COMMISSIONER SHALL DESIGNATE SUCH  EMPLOYEE  AND  PROVIDE  FOR
   44  OTHER  RESOURCES  OF  THE  DEPARTMENT  AS MAY BE REASONABLY NECESSARY TO
   45  PROVIDE SUPPORT AND SERVICES FOR THE WORK OF THE COUNCIL.
   46    (F) THE COUNCIL MAY PROVIDE  TECHNICAL  INFORMATION  AND  GUIDANCE  TO
   47  HEALTH  CARE  PRACTITIONERS AND HEALTH CARE FACILITIES ON THE LATEST AND
   48  BEST PRACTICES AND STRATEGIES RELATED TO MITIGATING AND ELIMINATING  THE
   49  SPREAD OF DISEASE, INFECTION AND BACTERIA DURING THE COURSE OF TREATMENT
   50  OF PATIENTS AS IT RELATES TO THE USE OF HYGIENIC HEALTH CARE PRACTITION-
   51  ER CLOTHING, ATTIRE AND A DRESS CODE.
   52    3.  POLICIES  TO  BE CONSIDERED, EXAMINED AND POSSIBLY ADVANCED BY THE
   53  COUNCIL. THE COUNCIL SHALL CONSIDER AND EXAMINE THE  FOLLOWING  POLICIES
   54  AND GUIDELINES IN THE ADOPTION OF RULES AND REGULATIONS:
   55    (A) THE ADOPTION OF A BARE BELOW THE ELBOW POLICY OF HEALTH CARE PRAC-
   56  TITIONERS,  WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE WEARING OF
       A. 7845--A                          3
    1  SHORT SLEEVE SHIRTS, A PROHIBITION ON THE WEARING  OF  WRISTWATCHES  AND
    2  OTHER  JEWELRY,  AND  A  PROHIBITION  ON THE WEARING OF COATS OR JACKETS
    3  WHILE PROVIDING TREATMENT TO PATIENTS;
    4    (B) THE ADOPTION OF A NO NECKTIES POLICY;
    5    (C)  THE PROVISION OF EDUCATION AND INSTRUCTION TO PATIENTS AND HEALTH
    6  CARE PRACTITIONERS ON  HOW  ENHANCED  SANITARY  AND  HYGIENIC  POLICIES,
    7  INCLUDING  THE  USE OF HYGENIC HEALTH CARE PRACTITIONER CLOTHING, ATTIRE
    8  AND A DRESS CODE, CAN HELP TO REDUCE THE RISK OF CROSS-INFECTION;
    9    (D) ENCOURAGING HEALTH CARE FACILITIES TO PROVIDE ADEQUATE SUPPLIES OF
   10  CLEAN SCRUBS, OTHER ARTICLES OF CLOTHING AND HEALTH CARE FACILITY  IDEN-
   11  TIFICATION  TAGS TO HEALTH CARE PRACTITIONERS TO ENSURE FREQUENT CHANGES
   12  THEREOF;
   13    (E) ENCOURAGING HEALTH CARE  FACILITIES  TO  PROVIDE  ON-SITE  LAUNDRY
   14  SERVICES  AND    CHANGING ROOMS, AND INSTRUCTION ON HOW TO APPROPRIATELY
   15  WASH CLOTHING WORN BY HEALTH CARE PRACTITIONERS;
   16    (F) THE WEARING OF PLASTIC APRONS AND DOUBLE  GLOVES  BY  HEALTH  CARE
   17  PRACTITIONERS DURING THE TREATMENT OF PATIENTS;
   18    (G)  THE  ADOPTION OF A PROHIBITION ON THE WEARING OUTSIDE OF A HEALTH
   19  CARE FACILITY BY HEALTH  CARE  PRACTITIONERS  OF  CLOTHING  WORN  DURING
   20  TREATMENT OF PATIENTS; AND
   21    (H)  CONSIDERATION  OF  ALTERATIONS  IN  MEDICAID  AND  PRIVATE  PAYOR
   22  REIMBURSEMENT RATES AND PRACTICES TO ENCOURAGE MORE OPTIMUM SANITARY AND
   23  HYGIENIC CONDITIONS IN HEALTH CARE FACILITIES.
   24    4. HEALTH CARE PRACTITIONER HYGIENIC RESOURCE CENTERS. THE COMMISSION-
   25  ER, IN CONSULTATION WITH THE COUNCIL, MAY DESIGNATE A HEALTH CARE  PRAC-
   26  TITIONER  HYGIENIC  RESOURCE CENTER OR CENTERS. SUCH RESOURCE CENTER MAY
   27  BE STATEWIDE OR REGIONAL,  AND  SHALL  ACT  AS  A  SOURCE  OF  TECHNICAL
   28  SUPPORT,  INFORMATION  AND  GUIDANCE  FOR  HEALTH CARE PRACTITIONERS AND
   29  HEALTH CARE FACILITIES ON THE LATEST STRATEGIES AND BEST PRACTICES  WITH
   30  REGARD  TO  ESTABLISHING SANITARY AND HYGIENIC CONDITIONS FOR THE TREAT-
   31  MENT OF PATIENTS. THE DEPARTMENT, IN CONSULTATION WITH THE COUNCIL,  MAY
   32  CONTRACT  WITH NOT-FOR-PROFIT ORGANIZATIONS OR ASSOCIATIONS TO ESTABLISH
   33  AND MANAGE SUCH RESOURCE CENTERS. SUCH RESOURCE CENTERS MAY CHARGE A FEE
   34  TO HELP OFFSET THE COST OF PROVIDING SUCH SERVICES.
   35    5. CONTINUING EDUCATION FOR HEALTH CARE PRACTITIONERS. THE COUNCIL, IN
   36  CONSULTATION WITH THE DEPARTMENT, THE EDUCATION  DEPARTMENT  AND  HEALTH
   37  CARE PRACTITIONER PROFESSIONAL ORGANIZATIONS, SHALL DEVELOP, COMPILE AND
   38  PUBLISH  INFORMATION AND COURSE MATERIALS ON SANITARY AND HYGIENIC PRAC-
   39  TICES THAT SHOULD BE FOLLOWED BY HEALTH CARE  PRACTITIONERS  AND  HEALTH
   40  CARE  FACILITIES  TO  MITIGATE  AND  ELIMINATE  THE  SPREAD  OF DISEASE,
   41  INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL  PUBLIC  BY
   42  MEANS  OF  THE CLOTHING, JEWELRY AND HEALTH CARE FACILITY IDENTIFICATION
   43  TAGS WORN BY HEALTH CARE PRACTITIONERS AND  THE  CLEANING  PERSONNEL  OF
   44  SUCH  FACILITIES. IN ADDITION, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF
   45  THIS TITLE, THE COUNCIL SHALL  MAKE  RECOMMENDATIONS  TO  THE  EDUCATION
   46  DEPARTMENT  FOR  THE COURSE WORK, TRAINING AND CURRICULUM TO BE INCLUDED
   47  IN THE CONTINUING  EDUCATION  ON  THE  BEST  PRACTICES,  STRATEGIES  AND
   48  APPROACHES  RELATED TO MITIGATING AND ELIMINATING THE SPREAD OF DISEASE,
   49  INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL  PUBLIC  IN
   50  HEALTH CARE FACILITIES BY MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE
   51  FACILITY  IDENTIFICATION  TAGS WORN BY HEALTH CARE PRACTITIONERS AND THE
   52  CLEANING PERSONNEL OF SUCH FACILITIES.
   53    6. REPORT. ON OR BEFORE MARCH FIRST OF EACH EVEN  NUMBERED  YEAR,  THE
   54  COUNCIL SHALL SUBMIT TO THE GOVERNOR, THE COMMISSIONER, THE COMMISSIONER
   55  OF  EDUCATION, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
   56  ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF  THE
       A. 7845--A                          4
    1  ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON HEALTH
    2  A  REPORT ON ITS ACTIVITIES AND ACCOMPLISHMENTS PURSUANT TO THIS ARTICLE
    3  RELATING TO SANITARY AND HYGIENIC CONDITIONS IN HEALTH CARE  FACILITIES.
    4  SUCH  REPORT  MAY  ALSO  INCLUDE  SUCH LEGISLATIVE PROPOSALS AS IT DEEMS
    5  NECESSARY TO MORE EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS TITLE.
    6    S 2. Paragraphs b and c of subdivision 3 of section 6507 of the educa-
    7  tion law, as added by chapter 987 of the laws of 1971, are amended and a
    8  new paragraph d is added to read as follows:
    9    b. Review qualifications in connection  with  licensing  requirements;
   10  [and]
   11    c. Provide for licensing examinations and reexaminations[.]; AND
   12    D.  (I)  ESTABLISH  STANDARDS FOR CONTINUING EDUCATION FOR HEALTH CARE
   13  PRACTITIONERS ON THE BEST PRACTICES, STRATEGIES AND  APPROACHES  RELATED
   14  TO  MITIGATING  AND  ELIMINATING  THE  SPREAD  OF DISEASE, INFECTION AND
   15  BACTERIA TO PATIENTS, VISITORS AND THE GENERAL  PUBLIC  IN  HEALTH  CARE
   16  FACILITIES  BY  MEANS  OF THE CLOTHING, JEWELRY AND HEALTH CARE FACILITY
   17  IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITIONERS AND  THE  CLEANING
   18  PERSONNEL  OF  SUCH FACILITIES.   IN PROMULGATION OF SUCH STANDARDS, THE
   19  DEPARTMENT AND THE APPROPRIATE  BOARD  OF  EACH  SUCH  PROFESSION  SHALL
   20  CONSIDER  AND,  TO THE EXTENT PRACTICABLE, IMPLEMENT THE RECOMMENDATIONS
   21  OF THE STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL.
   22    (II) FOR THE PURPOSES OF THIS PARAGRAPH:
   23    (A) "HEALTH CARE FACILITY" SHALL MEAN AND INCLUDE  A  HOSPITAL  AND  A
   24  RESIDENTIAL  HEALTH  CARE  FACILITY  AS  DEFINED IN SECTION TWENTY-EIGHT
   25  HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND ANY SETTING IN WHICH A  HEALTH
   26  CARE PRACTITIONER REGULARLY PRACTICES HIS OR HER PROFESSION.
   27    (B)  "HEALTH  CARE  PRACTITIONER"  SHALL MEAN ANY PERSON LICENSED AS A
   28  PHYSICIAN PURSUANT TO ARTICLE ONE  HUNDRED  THIRTY-ONE  OF  THIS  TITLE,
   29  PHYSICIAN  ASSISTANT  OR  SPECIALIST  ASSISTANT  PURSUANT TO ARTICLE ONE
   30  HUNDRED THIRTY-ONE-B OF  THIS  TITLE,  NURSE  PURSUANT  TO  ARTICLE  ONE
   31  HUNDRED  THIRTY-NINE  OF  THIS TITLE, OR MIDWIFE PURSUANT TO ARTICLE ONE
   32  HUNDRED FORTY OF THIS TITLE.
   33    S 3. Section 2343 of the insurance law is  amended  by  adding  a  new
   34  subsection (f) to read as follows:
   35    (F) THE SUPERINTENDENT SHALL APPROVE AND IMPLEMENT PROGRAMS TO ENCOUR-
   36  AGE  HEALTH  CARE PROVIDERS, HEALTH CARE FACILITIES AND MEDICAL MALPRAC-
   37  TICE INSURERS TO PARTICIPATE IN HEALTH CARE PROVIDER HYGIENIC DRESS CODE
   38  PROGRAMS. SUCH PROGRAMS MAY INCLUDE, BUT SHALL BE LIMITED  TO,  ENHANCED
   39  COVERAGE  LEVELS,  REDUCTIONS IN DEDUCTIBLE LEVELS OR ACTUARIALLY APPRO-
   40  PRIATE PREMIUM REDUCTION FOR INSURED HEALTH CARE  PROVIDERS  AND  HEALTH
   41  CARE  FACILITIES WHICH HAVE IMPLEMENTED A SUCCESSFUL HEALTH CARE PRACTI-
   42  TIONER DRESS CODE PROGRAM, PURSUANT TO TITLE SIX OF ARTICLE TWO  OF  THE
   43  PUBLIC HEALTH LAW, WHICH IS APPROVED BY THE COMMISSIONER OF HEALTH.
   44    S 4. Section 3436 of the insurance law, as added by chapter 266 of the
   45  laws  of  1986,  is  amended  by  adding a new subsection (f) to read as
   46  follows:
   47    (F) AN INSURER WHICH ISSUES POLICIES FOR  PRIMARY  LEVELS  OF  MEDICAL
   48  MALPRACTICE  INSURANCE  SHALL  UPON  THE  ISSUANCE  OR  RENEWAL THEREOF,
   49  PROVIDE FOR PROGRAMS TO ENCOURAGE HEALTH  CARE  PROVIDERS,  HEALTH  CARE
   50  FACILITIES  AND  MEDICAL  MALPRACTICE  INSURERS TO PARTICIPATE IN HEALTH
   51  CARE PROVIDER HYGIENIC DRESS CODE PROGRAMS. SUCH PROGRAMS  MAY  INCLUDE,
   52  BUT SHALL BE LIMITED TO, ENHANCED COVERAGE LEVELS, REDUCTIONS IN DEDUCT-
   53  IBLE  LEVELS  OR  ACTUARIALLY  APPROPRIATE PREMIUM REDUCTION FOR INSURED
   54  HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE  IMPLEMENTED
   55  A  SUCCESSFUL  HEALTH  CARE PRACTITIONER DRESS CODE PROGRAM, PURSUANT TO
       A. 7845--A                          5
    1  TITLE SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED  BY
    2  THE COMMISSIONER OF HEALTH.
    3    S  5.  Section  5505  of  the insurance law is amended by adding a new
    4  subsection (e) to read as follows:
    5    (E) THE ASSOCIATION'S RATES, RATING PLANS AND  RATING  CLASSIFICATIONS
    6  SHALL  PROVIDE  FOR  PROGRAMS TO ENCOURAGE HEALTH CARE PROVIDERS, HEALTH
    7  CARE FACILITIES AND  MEDICAL  MALPRACTICE  INSURERS  TO  PARTICIPATE  IN
    8  HEALTH  CARE  PROVIDER  HYGIENIC  DRESS CODE PROGRAMS. SUCH PROGRAMS MAY
    9  INCLUDE, BUT SHALL BE LIMITED TO, ENHANCED COVERAGE  LEVELS,  REDUCTIONS
   10  IN  DEDUCTIBLE  LEVELS  OR ACTUARIALLY APPROPRIATE PREMIUM DISCOUNTS FOR
   11  HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE  IMPLEMENTED
   12  A  SUCCESSFUL  HEALTH  CARE PRACTITIONER DRESS CODE PROGRAM, PURSUANT TO
   13  TITLE SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED  BY
   14  THE COMMISSIONER OF HEALTH.
   15    S  6. This act shall take effect on the first of January next succeed-
   16  ing the date on which it shall have become a law and section one of this
   17  act shall expire and be deemed repealed January 1, 2021.