Bill Text: NY S05186 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to persons designated by a general hospital to identify infectious disease processes, conduct surveillance and epidemiologic investigations, and develop plans to prevent and control the transmission of infectious agents within general hospitals.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S05186 Detail]

Download: New_York-2019-S05186-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5186--A
            Cal. No. 762

                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 12, 2019
                                       ___________

        Introduced  by  Sens.  METZGER, FUNKE -- read twice and ordered printed,
          and when printed to  be  committed  to  the  Committee  on  Health  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01629-03-9

        S. 5186--A                          2

     1    (b)  provides  evidence  that  such  person  was employed or otherwise
     2  contracted for the services as an infection preventionist in  a  general
     3  hospital  for  a  cumulative  period  of one year, occurring within four
     4  years immediately prior to the effective date of this section. In furth-
     5  erance  of  this  paragraph, any contractor or employer of persons func-
     6  tioning as an infection preventionist on  the  effective  date  of  this
     7  section  shall  confirm in writing to each employee or contractor his or
     8  her employment in a capacity functioning as an  infection  preventionist
     9  in a general hospital as of the effective date of this section; or
    10    (c)  is  a  student or intern performing the functions of an infection
    11  preventionist if such student or intern is under the direct  supervision
    12  of an appropriately certified infection preventionist and is functioning
    13  within the scope of the student's or intern's training.
    14    3.  An  infection  preventionist who does not meet the requirements of
    15  paragraph (b) of subdivision two of this section shall  have  thirty-six
    16  months  from  the  date  of  hire  to obtain the infection preventionist
    17  credential outlined in paragraph (a) of subdivision two of this section.
    18    4. A general hospital may employ or otherwise contract with  a  person
    19  who does not meet the certification requirements required above to func-
    20  tion as an infection preventionist in a general hospital if:
    21    (a) after a diligent and thorough effort has been made, if such gener-
    22  al  hospital is unable to employ or contract with a sufficient number of
    23  qualified infection preventionists who meet  the  requirements  of  this
    24  section;
    25    (b)  such  general  hospital makes a written record of its efforts and
    26  retains such record at the general hospital; and
    27    (c) the person obtains a credential as outlined in  paragraph  (a)  of
    28  subdivision  two  of  this  section,  within three years of the start of
    29  employment or contracting for the performance of  infection  prevention-
    30  ists duties.
    31    5.  A  general  hospital  that  employs or contracts with an infection
    32  preventionist shall, upon request of another general hospital,  or  upon
    33  request  of an infection preventionist employed by, formerly employed by
    34  or contracted to perform as an infection preventionist at  such  general
    35  hospital, verify the dates of employment or contract of such person.
    36    6.  Nothing  in  this  section  shall  prohibit  any professional from
    37  performing an infection  preventionists'  tasks  or  functions  if  such
    38  person  is  acting  within  the scope of his or her practice. Nothing in
    39  this section shall authorize any individual  not  licensed  pursuant  to
    40  title  eight  of  the education law to perform tasks or functions within
    41  the scope of practice of a professional under such title.
    42    7. The commissioner shall promulgate regulations as he or she may deem
    43  appropriate to effectuate the purposes of this section.
    44    § 2. This act shall take effect on the first of January next  succeed-
    45  ing the date upon which it shall have become a law.
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