Bill Text: NY S08185 | 2017-2018 | 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: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08185 Detail]

Download: New_York-2017-S08185-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8185--A
            Cal. No. 1502
                    IN SENATE
                                     April 16, 2018
                                       ___________
        Introduced  by  Sens. FUNKE, ROBACH, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          --  reported  favorably  from said committee, ordered to first report,
          amended on first report,  ordered  to  a  second  report  and  ordered
          reprinted, retaining its place in the order of second report
        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.
                                                                   LBD15185-02-8

        S. 8185--A                          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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