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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2020-01-23 - PRINT NUMBER 5186B [S05186 Detail]

Download: New_York-2019-S05186-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5186
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 12, 2019
                                       ___________
        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        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)  "healthcare  professional" shall mean a person licensed or certi-
    11  fied pursuant 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  such  as
    18  the certification board of infection control and epidemiology, inc.; and
    19  (ii)  holds  and  maintains  certification  in  infection prevention and
    20  control (CIC); or
    21    (b) provides evidence that  such  person  was  employed  or  otherwise
    22  contracted  for  the services as an infection preventionist in a general
    23  hospital for a cumulative period of  one  year,  occurring  within  four
    24  years immediately prior to the effective date of this section. In furth-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01629-01-9

        S. 5186                             2
     1  erance  of  this  paragraph, any contractor or employer of persons func-
     2  tioning as an infection preventionist on  the  effective  date  of  this
     3  section  shall  confirm in writing to each employee or contractor his or
     4  her  employment  in a capacity functioning as an infection preventionist
     5  in a general hospital as of the effective date of this section; or
     6    (c) is a student or intern performing the functions  of  an  infection
     7  preventionist  if such student or intern is under the direct supervision
     8  of an appropriately licensed or certified healthcare professional and is
     9  functioning within the scope of the student's or intern's training.
    10    3. An infection preventionist who does not meet  the  requirements  of
    11  paragraph  (b)  of subdivision two of this section shall have thirty-six
    12  months from the date of  hire  to  obtain  the  infection  preventionist
    13  credential outlined in paragraph (a) of subdivision two of this section.
    14    4.  A  general hospital may employ or otherwise contract with a person
    15  who does not meet the certification requirements required above to func-
    16  tion as an infection preventionist in a general hospital if:
    17    (a) after a diligent and thorough effort has been made, if such gener-
    18  al hospital is unable to employ or contract with a sufficient number  of
    19  qualified  infection  preventionists  who  meet the requirements of this
    20  section;
    21    (b) such general hospital makes a written record of  its  efforts  and
    22  retains such record at the general hospital; and
    23    (c)  the  person obtains a CIC credential as outlined in paragraph (a)
    24  of subdivision two of this section, within three years of the  start  of
    25  employment  or  contracting for the performance of infection prevention-
    26  ists duties.
    27    5. A general hospital that employs  or  contracts  with  an  infection
    28  preventionist  shall,  upon request of another general hospital, or upon
    29  request of an infection preventionist employed by, formerly employed  by
    30  or  contracted  to perform as an infection preventionist at such general
    31  hospital, verify the dates of employment or contract of such person.
    32    6. Nothing in this section shall prohibit any healthcare  professional
    33  from  performing an infection preventionists' tasks or functions if such
    34  person is acting within the scope of his or  her  practice.  Nothing  in
    35  this  section  shall  mean  that any individual not licensed pursuant to
    36  title eight of the education law may perform tasks or functions  limited
    37  to the scope of practice of a healthcare professional under such title.
    38    7. The commissioner shall promulgate regulations as he or she may deem
    39  appropriate to effectuate the purposes of this section.
    40    §  2. This act shall take effect on the first of January next succeed-
    41  ing the date upon which it shall have become a law.
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