Bill Text: NY A07845 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
S T A T E O F N E W Y O R K ________________________________________________________________________ 7845--C 2011-2012 Regular Sessions I N A S S E M B L Y May 19, 2011 ___________ Introduced by M. of A. MAGNARELLI, JAFFEE, MAISEL, LINARES, SCHIMEL, MILLMAN, COOK, GIBSON, HOOPER, WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND, PERRY, P. RIVERA -- read once and referred to the Commit- tee 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 committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10964-09-2 A. 7845--C 2 1 (B) "COUNCIL" SHALL MEAN THE STATE HEALTH CARE PRACTITIONER HYGIENIC 2 DRESS CODE COUNCIL ESTABLISHED BY SUBDIVISION TWO OF THIS SECTION. 3 (C) "HEALTH CARE FACILITY" SHALL MEAN AND INCLUDE A HOSPITAL AND RESI- 4 DENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED 5 ONE OF THIS CHAPTER, AND ANY SETTING IN WHICH A HEALTH CARE PRACTITIONER 6 REGULARLY PRACTICES HIS OR HER PROFESSION. 7 (D) "HEALTH CARE PRACTITIONER" SHALL MEAN ANY PERSON LICENSED AS A 8 PHYSICIAN PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION 9 LAW, PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT PURSUANT TO ARTICLE ONE 10 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, NURSE PURSUANT TO ARTICLE ONE 11 HUNDRED THIRTY-NINE OF THE EDUCATION LAW, OR MIDWIFE PURSUANT TO ARTICLE 12 ONE HUNDRED FORTY OF THE EDUCATION LAW. 13 2. STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL. (A) THE 14 STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL IS HEREBY 15 ESTABLISHED IN THE DEPARTMENT TO BE AN EXPERT PANEL TO ADVISE THE 16 COMMISSIONER AND THE COMMISSIONER OF EDUCATION ON: (I) THE BEST PRAC- 17 TICES RELATED TO MITIGATING AND ELIMINATING THE SPREAD OF DISEASE, 18 INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN 19 HEALTH CARE FACILITIES BY MEANS OF THE UNHYGIENIC CLOTHING, JEWELRY AND 20 HEALTH CARE FACILITY IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITION- 21 ERS AND THE CLEANING PERSONNEL OF SUCH FACILITIES, (II) THE PROMOTION OF 22 BETTER AND COORDINATED POLICIES TO ENSURE BETTER HYGIENIC PRACTICES IN 23 HEALTH CARE FACILITIES, AND (III) THE DEVELOPMENT OF GUIDELINES TO 24 ASSIST THE EDUCATION DEPARTMENT IN ESTABLISHING MATERIALS AND CURRICULA 25 TO BE USED IN PROVIDING CONTINUING EDUCATION PROGRAMS TO HEALTH CARE 26 PRACTITIONERS ON THE USE OF A HYGIENIC DRESS CODE TO MINIMIZE THE SPREAD 27 OF DISEASE, INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL 28 PUBLIC. 29 (B) THE COUNCIL SHALL BE COMPOSED OF TWENTY-FIVE MEMBERS APPOINTED BY 30 THE COMMISSIONER. THE COMMISSIONER SHALL SEEK RECOMMENDATIONS FOR 31 APPOINTMENTS FROM THE COMMISSIONER OF EDUCATION AND THE SUPERINTENDENT 32 OF FINANCIAL SERVICES. THE MEMBERSHIP OF THE COUNCIL SHALL INCLUDE 33 REPRESENTATIVES OF THE VARIOUS PROFESSIONS WITHIN THE DEFINITION OF 34 HEALTH CARE PRACTITIONER, THE VARIOUS FACILITIES AND SETTINGS WITHIN THE 35 DEFINITION OF HEALTH CARE FACILITY, EDUCATORS OF HEALTH CARE PRACTITION- 36 ERS, CLEANING AND STERILIZATION SERVICES FOR HEALTH CARE FACILITIES, 37 PHARMACEUTICAL COMPANIES, AND INSURERS AND CORPORATIONS PROVIDING HEALTH 38 CARE COVERAGE. THE CHAIR OF THE COUNCIL SHALL BE A MEMBER THEREOF AS IS 39 SO DESIGNATED BY THE COMMISSIONER. 40 (C) THE MEMBERS OF THE COUNCIL SHALL HAVE EXPERTISE IN THE MAINTENANCE 41 AND CREATION OF SANITARY AND HYGIENIC CONDITIONS IN THE TREATMENT OF 42 PATIENTS BY HEALTH CARE PRACTITIONERS AND IN HEALTH CARE FACILITIES. THE 43 TERM OF OFFICE OF SUCH MEMBERS SHALL BE FOUR YEARS. THE MEMBERS OF THE 44 COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE 45 ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES IN THE PERFORMANCE OF THEIR 46 DUTIES. 47 (D) THE COUNCIL SHALL MEET UPON THE CALL OF THE COMMISSIONER OR THE 48 CHAIR. THE COUNCIL MAY ADOPT REGULATIONS CONSISTENT WITH THIS SECTION. 49 (E) THE COMMISSIONER SHALL DESIGNATE SUCH EMPLOYEE AND PROVIDE FOR 50 OTHER RESOURCES OF THE DEPARTMENT AS MAY BE REASONABLY NECESSARY TO 51 PROVIDE SUPPORT AND SERVICES FOR THE WORK OF THE COUNCIL. 52 (F) THE COUNCIL MAY PROVIDE TECHNICAL INFORMATION AND GUIDANCE TO 53 HEALTH CARE PRACTITIONERS AND HEALTH CARE FACILITIES ON THE LATEST AND 54 BEST PRACTICES AND STRATEGIES RELATED TO MITIGATING AND ELIMINATING THE 55 SPREAD OF DISEASE, INFECTION AND BACTERIA DURING THE COURSE OF TREATMENT A. 7845--C 3 1 OF PATIENTS AS IT RELATES TO THE USE OF HYGIENIC HEALTH CARE PRACTITION- 2 ER CLOTHING, ATTIRE AND A DRESS CODE. 3 3. POLICIES TO BE CONSIDERED, EXAMINED AND POSSIBLY ADVANCED AFTER 4 EVIDENCE-BASED REVIEW BY THE COUNCIL. THE COUNCIL SHALL CONSIDER AND 5 EXAMINE THE FOLLOWING POLICIES AND GUIDELINES IN THE ADOPTION OF RULES 6 AND REGULATIONS: 7 (A) THE PROVISION OF EDUCATION AND INSTRUCTION TO PATIENTS AND HEALTH 8 CARE PRACTITIONERS ON HOW ENHANCED SANITARY AND HYGIENIC POLICIES, 9 INCLUDING THE USE OF HYGIENIC HEALTH CARE PRACTITIONER CLOTHING, ATTIRE 10 AND A DRESS CODE, CAN HELP TO REDUCE THE RISK OF CROSS-INFECTION; 11 (B) ENCOURAGING HEALTH CARE FACILITIES TO PROVIDE ADEQUATE SUPPLIES OF 12 CLEAN SCRUBS, OTHER ARTICLES OF CLOTHING AND HEALTH CARE FACILITY IDEN- 13 TIFICATION TAGS TO HEALTH CARE PRACTITIONERS TO ENSURE FREQUENT CHANGES 14 THEREOF; 15 (C) ENCOURAGING HEALTH CARE FACILITIES TO PROVIDE CHANGING ROOMS, AND 16 INSTRUCTION ON HOW TO APPROPRIATELY WASH CLOTHING WORN BY HEALTH CARE 17 PRACTITIONERS; 18 (D) THE WEARING OF PATHOGEN-RESISTANT SCRUBS AND COATS, APRONS OR 19 SLIPS MADE OF PLASTIC OR WICKING MATERIALS, AND DOUBLE GLOVES; 20 (E) THE ADOPTION OF A PROHIBITION ON THE WEARING OUTSIDE OF A HEALTH 21 CARE FACILITY BY HEALTH CARE PRACTITIONERS OF CLOTHING WORN DURING 22 TREATMENT OF PATIENTS; AND 23 (F) CONSIDERATION OF ALTERATIONS IN MEDICAID AND PRIVATE PAYOR 24 REIMBURSEMENT RATES AND PRACTICES TO ENCOURAGE MORE OPTIMUM SANITARY AND 25 HYGIENIC CONDITIONS IN HEALTH CARE FACILITIES. 26 4. HEALTH CARE PRACTITIONER HYGIENIC RESOURCE CENTERS. THE COMMISSION- 27 ER, IN CONSULTATION WITH THE COUNCIL, MAY DESIGNATE A HEALTH CARE PRAC- 28 TITIONER HYGIENIC RESOURCE CENTER OR CENTERS. SUCH RESOURCE CENTER MAY 29 BE STATEWIDE OR REGIONAL, AND SHALL ACT AS A SOURCE OF TECHNICAL 30 SUPPORT, INFORMATION AND GUIDANCE FOR HEALTH CARE PRACTITIONERS AND 31 HEALTH CARE FACILITIES ON THE LATEST STRATEGIES AND BEST PRACTICES WITH 32 REGARD TO ESTABLISHING SANITARY AND HYGIENIC CONDITIONS FOR THE TREAT- 33 MENT OF PATIENTS. THE DEPARTMENT, IN CONSULTATION WITH THE COUNCIL, MAY 34 CONTRACT WITH NOT-FOR-PROFIT ORGANIZATIONS OR ASSOCIATIONS TO ESTABLISH 35 AND MANAGE SUCH RESOURCE CENTERS. SUCH RESOURCE CENTERS MAY CHARGE A FEE 36 TO HELP OFFSET THE COST OF PROVIDING SUCH SERVICES. 37 5. CONTINUING EDUCATION FOR HEALTH CARE PRACTITIONERS. THE COUNCIL, IN 38 CONSULTATION WITH THE DEPARTMENT, THE EDUCATION DEPARTMENT AND HEALTH 39 CARE PRACTITIONER PROFESSIONAL ORGANIZATIONS, SHALL DEVELOP, COMPILE AND 40 PUBLISH INFORMATION AND COURSE MATERIALS ON SANITARY AND HYGIENIC PRAC- 41 TICES THAT SHOULD BE FOLLOWED BY HEALTH CARE PRACTITIONERS AND HEALTH 42 CARE FACILITIES TO MITIGATE AND ELIMINATE THE SPREAD OF DISEASE, 43 INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC BY 44 MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE FACILITY IDENTIFICATION 45 TAGS WORN BY HEALTH CARE PRACTITIONERS AND THE CLEANING PERSONNEL OF 46 SUCH FACILITIES. IN ADDITION, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF 47 THIS TITLE, THE COUNCIL SHALL MAKE RECOMMENDATIONS TO THE EDUCATION 48 DEPARTMENT FOR THE COURSE WORK, TRAINING AND CURRICULUM TO BE INCLUDED 49 IN THE CONTINUING EDUCATION ON THE BEST PRACTICES, STRATEGIES AND 50 APPROACHES RELATED TO MITIGATING AND ELIMINATING THE SPREAD OF DISEASE, 51 INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN 52 HEALTH CARE FACILITIES BY MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE 53 FACILITY IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITIONERS AND THE 54 CLEANING PERSONNEL OF SUCH FACILITIES. 55 6. REPORT. ON OR BEFORE MARCH FIRST OF EACH EVEN NUMBERED YEAR, THE 56 COUNCIL SHALL SUBMIT TO THE GOVERNOR, THE COMMISSIONER, THE COMMISSIONER A. 7845--C 4 1 OF EDUCATION, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE 2 ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE 3 ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON HEALTH 4 A REPORT ON ITS ACTIVITIES AND ACCOMPLISHMENTS PURSUANT TO THIS ARTICLE 5 RELATING TO SANITARY AND HYGIENIC CONDITIONS IN HEALTH CARE FACILITIES. 6 SUCH REPORT MAY ALSO INCLUDE SUCH LEGISLATIVE PROPOSALS AS IT DEEMS 7 NECESSARY TO MORE EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS TITLE. 8 S 2. Paragraphs b and c of subdivision 3 of section 6507 of the educa- 9 tion law, as added by chapter 987 of the laws of 1971, are amended and a 10 new paragraph d is added to read as follows: 11 b. Review qualifications in connection with licensing requirements; 12 [and] 13 c. Provide for licensing examinations and reexaminations[.]; AND 14 D. (I) ESTABLISH STANDARDS FOR CONTINUING EDUCATION FOR HEALTH CARE 15 PRACTITIONERS ON THE BEST PRACTICES, STRATEGIES AND APPROACHES RELATED 16 TO MITIGATING AND ELIMINATING THE SPREAD OF DISEASE, INFECTION AND 17 BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN HEALTH CARE 18 FACILITIES BY MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE FACILITY 19 IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITIONERS AND THE CLEANING 20 PERSONNEL OF SUCH FACILITIES. IN PROMULGATION OF SUCH STANDARDS, THE 21 DEPARTMENT AND THE APPROPRIATE BOARD OF EACH SUCH PROFESSION SHALL 22 CONSIDER AND, TO THE EXTENT PRACTICABLE, IMPLEMENT THE RECOMMENDATIONS 23 OF THE STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL. 24 (II) FOR THE PURPOSES OF THIS PARAGRAPH: 25 (A) "HEALTH CARE FACILITY" SHALL MEAN AND INCLUDE A HOSPITAL AND A 26 RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT 27 HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND ANY SETTING IN WHICH A HEALTH 28 CARE PRACTITIONER REGULARLY PRACTICES HIS OR HER PROFESSION. 29 (B) "HEALTH CARE PRACTITIONER" SHALL MEAN ANY PERSON LICENSED AS A 30 PHYSICIAN PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE, 31 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT PURSUANT TO ARTICLE ONE 32 HUNDRED THIRTY-ONE-B OF THIS TITLE, NURSE PURSUANT TO ARTICLE ONE 33 HUNDRED THIRTY-NINE OF THIS TITLE, OR MIDWIFE PURSUANT TO ARTICLE ONE 34 HUNDRED FORTY OF THIS TITLE. 35 S 3. Section 2343 of the insurance law is amended by adding a new 36 subsection (f) to read as follows: 37 (F) THE SUPERINTENDENT SHALL APPROVE AND IMPLEMENT PROGRAMS TO ENCOUR- 38 AGE HEALTH CARE PROVIDERS, HEALTH CARE FACILITIES AND MEDICAL MALPRAC- 39 TICE INSURERS TO PARTICIPATE IN HEALTH CARE PROVIDER HYGIENIC DRESS CODE 40 PROGRAMS. SUCH PROGRAMS MAY INCLUDE, BUT SHALL BE LIMITED TO, ENHANCED 41 COVERAGE LEVELS, REDUCTIONS IN DEDUCTIBLE LEVELS OR ACTUARIALLY APPRO- 42 PRIATE PREMIUM REDUCTION FOR INSURED HEALTH CARE PROVIDERS AND HEALTH 43 CARE FACILITIES WHICH HAVE IMPLEMENTED A SUCCESSFUL HEALTH CARE PRACTI- 44 TIONER DRESS CODE PROGRAM, PURSUANT TO TITLE SIX OF ARTICLE TWO OF THE 45 PUBLIC HEALTH LAW, WHICH IS APPROVED BY THE COMMISSIONER OF HEALTH. 46 S 4. Section 3436 of the insurance law, as added by chapter 266 of the 47 laws of 1986, is amended by adding a new subsection (f) to read as 48 follows: 49 (F) AN INSURER WHICH ISSUES POLICIES FOR PRIMARY LEVELS OF MEDICAL 50 MALPRACTICE INSURANCE SHALL UPON THE ISSUANCE OR RENEWAL THEREOF, 51 PROVIDE FOR PROGRAMS TO ENCOURAGE HEALTH CARE PROVIDERS, HEALTH CARE 52 FACILITIES AND MEDICAL MALPRACTICE INSURERS TO PARTICIPATE IN HEALTH 53 CARE PROVIDER HYGIENIC DRESS CODE PROGRAMS. SUCH PROGRAMS MAY INCLUDE, 54 BUT SHALL BE LIMITED TO, ENHANCED COVERAGE LEVELS, REDUCTIONS IN DEDUCT- 55 IBLE LEVELS OR ACTUARIALLY APPROPRIATE PREMIUM REDUCTION FOR INSURED 56 HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE IMPLEMENTED A. 7845--C 5 1 A SUCCESSFUL HEALTH CARE PRACTITIONER DRESS CODE PROGRAM, PURSUANT TO 2 TITLE SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED BY 3 THE COMMISSIONER OF HEALTH. 4 S 5. Section 5505 of the insurance law is amended by adding a new 5 subsection (e) to read as follows: 6 (E) THE ASSOCIATION'S RATES, RATING PLANS AND RATING CLASSIFICATIONS 7 SHALL PROVIDE FOR PROGRAMS TO ENCOURAGE HEALTH CARE PROVIDERS, HEALTH 8 CARE FACILITIES AND MEDICAL MALPRACTICE INSURERS TO PARTICIPATE IN 9 HEALTH CARE PROVIDER HYGIENIC DRESS CODE PROGRAMS. SUCH PROGRAMS MAY 10 INCLUDE, BUT SHALL BE LIMITED TO, ENHANCED COVERAGE LEVELS, REDUCTIONS 11 IN DEDUCTIBLE LEVELS OR ACTUARIALLY APPROPRIATE PREMIUM DISCOUNTS FOR 12 HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE IMPLEMENTED 13 A SUCCESSFUL HEALTH CARE PRACTITIONER DRESS CODE PROGRAM, PURSUANT TO 14 TITLE SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED BY 15 THE COMMISSIONER OF HEALTH. 16 S 6. This act shall take effect on the first of January next succeed- 17 ing the date on which it shall have become a law and section one of this 18 act shall expire and be deemed repealed January 1, 2021.