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.