Provides for the designation by a general hospital of persons 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8435
SPONSOR: Forrest TITLE OF BILL:
An act to amend the public health law, in relation to the employment of
persons to function as infection preventionists in certain general
hospitals
PURPOSE OR GENERAL IDEA OF BILL:
To require individuals employed as infection preventionists in hospitals
to be certified and undergo continuing education.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill creates a new Section 2831 in the Public Health-
Law to address infection preventionists. Subdivision 1 defines key
terms. Subdivisions 2 and 3 sets forth the certification requirements
for infection preventionists. Subdivisions 4 and 5 set forth the employ-
er requirements for infection preventionists. Subdivision 6 relates to
scope of practice. Finally, subdivision 7 states that regulations are to
be promulgated by the commissioner if necessary.
Section 2 is the effective date.
JUSTIFICATION:
Most infection preventionists ("IPs") are nurses, physicians, public
health professionals, epidemiologists, microbiologists, or medical tech-
nologists who are employed within healthcare institutions and also serve
as educators,researchers, consultants, and clinical scientists. The
majority are affiliated with acute care settings. An increasing number
practice in ambulatory and outpatient services where they direct
programs that protect patients and personnel from HAIs. Members are also
involved in long-term care, home health, and other practice settings
where infection prevention and control is an increasing area of respon-
sibility for nurses and other healthcare personnel.
IPs collect, analyze, and interpret health data in order to track
infection trends, plan appropriate interventions, measure success, and
report relevant data to public health agencies. They establish scientif-
ically based infection prevention practices and collaborate with the
healthcare team to assure implementation. Further, they work to prevent
healthcare-associated infections (HAIs) in healthcare facilities by
isolating sources of infections and limiting their transmission. They
also educate healthcare personnel and the public about infectious
diseases and how to limit their spread. The legislation requires the
certification of persons who wish to practice infection preventionists.
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.4950 - Committed to Rules/A.5406 - Passed Assembly
2021-2022: S.4472-A - Reported and Committed to Finance/A.5668-A Passed
the Assembly
2019-2020: S.5186-B Amend and Recommit to Health/A.3705-B - Passed the
Assembly
2017-2018: S.8185-A Committed to Rules/A.10671-A - Amend and Recommit to
Health
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8435
2025-2026 Regular Sessions
IN ASSEMBLY
May 16, 2025
___________
Introduced by M. of A. FORREST, WOERNER, SANTABARBARA, TAYLOR, ROSEN-
THAL, BRABENEC, HEVESI, BRAUNSTEIN, REYES, BUTTENSCHON, SAYEGH -- read
once and referred 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 2832 to read as follows:
3 § 2832. 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
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11240-01-5
A. 8435 2
1 years immediately prior to the effective date of this section. In furth-
2 erance of this paragraph, any contractor or employer of persons func-
3 tioning as an infection preventionist on the effective date of this
4 section shall confirm in writing to each employee or contractor their
5 employment in a capacity functioning as an infection preventionist in a
6 general hospital as of the effective date of this section; or
7 (c) is a student or intern performing the functions of an infection
8 preventionist if such student or intern is under the direct supervision
9 of an appropriately certified infection preventionist and is functioning
10 within the scope of the student's or intern's training.
11 3. An infection preventionist who does not meet the requirements of
12 paragraph (b) of subdivision two of this section shall have thirty-six
13 months from the date of hire to obtain the infection preventionist
14 credential outlined in paragraph (a) of subdivision two of this section.
15 4. A general hospital may employ or otherwise contract with a person
16 who does not meet the certification requirements required above to func-
17 tion as an infection preventionist in a general hospital if:
18 (a) after a diligent and thorough effort has been made, if such gener-
19 al hospital is unable to employ or contract with a sufficient number of
20 qualified infection preventionists who meet the requirements of this
21 section;
22 (b) such general hospital makes a written record of its efforts and
23 retains such record at the general hospital; and
24 (c) the person obtains a credential as outlined in paragraph (a) of
25 subdivision two of this section, within three years of the start of
26 employment or contracting for the performance of infection prevention-
27 ists duties.
28 5. A general hospital that employs or contracts with an infection
29 preventionist shall, upon request of another general hospital, or upon
30 request of an infection preventionist employed by, formerly employed by
31 or contracted to perform as an infection preventionist at such general
32 hospital, verify the dates of employment or contract of such person.
33 6. Nothing in this section shall prohibit any professional from
34 performing an infection preventionists' tasks or functions if such
35 person is acting within the scope of their practice. Nothing in this
36 section shall authorize any individual not licensed pursuant to title
37 eight of the education law to perform tasks or functions within the
38 scope of practice of a professional under such title.
39 7. The commissioner shall promulgate regulations as they may deem
40 appropriate to effectuate the purposes of this section.
41 § 2. This act shall take effect on the first of January next succeed-
42 ing the date upon which it shall have become a law.
