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A00878 Summary:

BILL NO    A00878A

SAME AS    SAME AS S00697-A

SPONSOR    Bronson

COSPNSR    

MLTSPNSR   

Add S2824, Pub Health L

Relates to the employment of persons to function as central service technicians
in certain healthcare facilities.
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A00878 Actions:

BILL NO    A00878A

01/09/2013 referred to health
05/29/2013 reported with amendment 
05/29/2013 print number 878a
05/31/2013 advanced to third reading cal.449
06/04/2013 passed assembly
06/04/2013 delivered to senate
06/04/2013 REFERRED TO HEALTH
06/11/2013 SUBSTITUTED FOR S697A
06/11/2013 3RD READING CAL.1121
06/11/2013 PASSED SENATE
06/11/2013 RETURNED TO ASSEMBLY
07/19/2013 delivered to governor
07/31/2013 signed chap.177
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A00878 Votes:

A00878A06/04/2013 143/0
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonERKellnerYMontesaYRobertsYStirpeY
ArroyoYCorwinYGiglioYKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajYKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorYMoyaYRosaYTenneyY
BarrettYCurranYGoldfedYLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandERDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindYMalliotYPerryYSepulveYMr SpkrY
Brook-KERFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanYMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

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A00878 Memo:

BILL NUMBER:A878A

TITLE OF BILL:  An act to amend the public health law, in relation to
the employment of persons to function as central service technicians
in certain healthcare facilities

PURPOSE:

To require individuals employed in the supply of central services to
hospitals to be certified and undergo continuing education.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill creates a new section 2824 in the public health
law to address central service technicians. Section 2824, subdivision
1 defines key terms. Subdivision 2 and 3 sets forth the certification
requirements for central service technicians. Subdivision 4 sets forth
the continuing education requirements for central service technicians.
Subdivisions 5 through 9 pertains to supervisory roles of healthcare
facilities and states that regulations are to be promulgated by the
commissioner if necessary. Section 2 of this bill sets forth the
effective date.

JUSTIFICATION:

Central service technicians prepare, distribute and control the
sterile and non-sterile items and equipment used in all clinical areas
of a hospital. The legislation requires the certification of persons
who wish to practice in the central service, and provides certain
requirements for such certification. In addition, the bill imposes a
continuing education recruitment.

The goal of the central service is to maintain quality control
procedures in an effort to prevent and control the spread of
infection. This potential for infection in a hospital is a serious
threat to the health and well-being of patients. Regulation of those
who have control over the equipment that could spread infection,
through the requirement for certification and continuing education,
would ensure that the technicians have the requisite knowledge to
prevent any spread of infection.

PRIOR LEGISLATIVE HISTORY:

2009-10: A.1014/S.3636 Referred to Higher Education;
2007-00: A.3220/S.7737 Referred to Higher Education;
2011-12 Vetoed

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on the first day of the eighteenth month
after it shall have become law.

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A00878 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        878--A
                                                               Cal. No. 449

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
         tee on Health -- reported from said committee with amendments, ordered
         reprinted as amended and placed on the order of second reading

       AN ACT to amend the public health law, in relation to the employment  of
         persons  to function as central service technicians in certain health-
         care facilities

         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  2824 to read as follows:
    3    S 2824. CENTRAL SERVICE TECHNICIANS.   1. FOR  THE  PURPOSES  OF  THIS
    4  SECTION, THE TERMS:
    5    (A)  "CENTRAL SERVICE TECHNICIAN" SHALL MEAN A PERSON WHO PROVIDES THE
    6  SERVICES OF DECONTAMINATION, PREPARATION, PACKAGING, STERILIZATION,  AND
    7  STORAGE  AND DISTRIBUTION OF REUSABLE MEDICAL INSTRUMENTATION OR DEVICES
    8  IN HEALTHCARE FACILITIES OTHER THAN IN THE COURSE  OF  PRACTICING  AS  A
    9  HEALTHCARE PROFESSIONAL.
   10    (B)  "HEALTHCARE  FACILITY"  SHALL MEAN GENERAL HOSPITAL AS DEFINED BY
   11  SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A
   12  HOSPITAL AS DEFINED BY SUBDIVISION ONE OF SECTION  TWENTY-EIGHT  HUNDRED
   13  ONE  OF  THIS  ARTICLE  OPERATING  AS  A DIAGNOSTIC AND TREATMENT CENTER
   14  AUTHORIZED TO PROVIDE AMBULATORY SURGICAL SERVICES.
   15    (C) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED  OR  CERTI-
   16  FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
   17    2.  A  PERSON  SHALL NOT FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A
   18  HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER-
   19  WISE CONTRACT FOR THE SERVICES OF A CENTRAL  SERVICE  TECHNICIAN  UNLESS
   20  THE PERSON MEETS ONE OF THE FOLLOWING:
   21    (A)  (I)  HAS  SUCCESSFULLY  PASSED  A  NATIONALLY  ACCREDITED CENTRAL
   22  SERVICE EXAM FOR CENTRAL SERVICE TECHNICIANS; AND (II) HOLDS  AND  MAIN-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04692-05-3
       A. 878--A                           2

    1  TAINS  ONE  OF  THE  FOLLOWING  CREDENTIALS ADMINISTERED BY A NATIONALLY
    2  ACCREDITED CENTRAL SERVICE TECHNICIAN  CREDENTIALING  ORGANIZATION:  THE
    3  CERTIFIED  REGISTERED  CENTRAL SERVICE TECHNICIAN CREDENTIAL, THE CERTI-
    4  FIED  STERILE  PROCESSING  AND  DISTRIBUTION  TECHNICIAN CREDENTIAL OR A
    5  SUBSTANTIALLY EQUIVALENT CREDENTIAL; OR
    6    (B) PROVIDES EVIDENCE  THAT  THE  PERSON  WAS  EMPLOYED  OR  OTHERWISE
    7  CONTRACTED FOR THE SERVICES AS A CENTRAL SERVICE TECHNICIAN IN A HEALTH-
    8  CARE  FACILITY FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN THE
    9  FOUR YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION.  IN
   10  FURTHERANCE  OF  THIS  PARAGRAPH,  ANY CONTRACTOR OR EMPLOYER OF PERSONS
   11  FUNCTIONING AS A CENTRAL SERVICE TECHNICIAN ON  THE  EFFECTIVE  DATE  OF
   12  THIS SECTION SHALL CONFIRM IN WRITING TO EACH EMPLOYEE OR CONTRACTOR HIS
   13  OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS A CENTRAL SERVICE TECHNI-
   14  CIAN  IN A HEALTHCARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION;
   15  OR
   16    (C) IS A STUDENT OR INTERN  PERFORMING  THE  FUNCTIONS  OF  A  CENTRAL
   17  SERVICE  TECHNICIAN  IF THE STUDENT OR INTERN IS UNDER THE DIRECT SUPER-
   18  VISION OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL
   19  AND IS FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S  TRAIN-
   20  ING.
   21    3.  A CENTRAL SERVICE TECHNICIAN WHO DOES NOT MEET THE REQUIREMENTS OF
   22  PARAGRAPH  (B)  OF  SUBDIVISION  TWO OF THIS SECTION SHALL HAVE EIGHTEEN
   23  MONTHS FROM THE DATE OF HIRE TO OBTAIN THE CERTIFIED REGISTERED  CENTRAL
   24  SERVICE  TECHNICIAN  CREDENTIAL  OR THE CERTIFIED STERILE PROCESSING AND
   25  DISTRIBUTION TECHNICIAN CREDENTIAL.
   26    4. A PERSON WHO QUALIFIES TO FUNCTION AS A CENTRAL SERVICE  TECHNICIAN
   27  IN A HEALTHCARE FACILITY UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO
   28  OF THIS SECTION MUST ANNUALLY COMPLETE TEN HOURS OF CONTINUING EDUCATION
   29  CREDITS TO REMAIN QUALIFIED TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN.
   30    5.  (A)  A  CENTRAL  SERVICE TECHNICIAN SHALL DOCUMENT IN WRITING GOOD
   31  CAUSE THAT PREVENTS COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENT
   32  AS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, WHICH  SHALL  INCLUDE
   33  ANY  OF  THE  FOLLOWING  REASONS:  A MEDICAL CONDITION WHICH REQUIRES AN
   34  EXTENDED LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE
   35  PROFESSIONAL, OR EXTENDED ACTIVE DUTY  WITH  THE  ARMED  FORCES  OF  THE
   36  UNITED  STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO MEET-
   37  ING THE CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED  IN  SUBDIVISION
   38  FOUR OF THIS SECTION, MAY BE GRANTED BY:
   39    (I)  THE ACCREDITING AGENCY OF A CENTRAL SERVICE TECHNICIAN QUALIFYING
   40  UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; OR
   41    (II) A HEALTHCARE FACILITY EMPLOYING OR CONTRACTING A CENTRAL  SERVICE
   42  TECHNICIAN UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   43    (B)  IF  AN  EXTENSION  IS GRANTED, A CENTRAL SERVICE TECHNICIAN SHALL
   44  COMPLETE ALL PAST DUE CONTINUING EDUCATION  REQUIREMENTS  WITHIN  NINETY
   45  DAYS UPON RESOLUTION OF THE MEDICAL CONDITION OR TERMINATION OF EXTENDED
   46  ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES.
   47    6.  A  HEALTHCARE  FACILITY  MAY  EMPLOY  OR OTHERWISE CONTRACT WITH A
   48  PERSON WHO DOES NOT MEET THE REQUIREMENTS OF  SUBDIVISION  TWO  OF  THIS
   49  SECTION  TO  FUNCTION  AS  A  CENTRAL SERVICE TECHNICIAN IN A HEALTHCARE
   50  FACILITY IF:
   51    (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTHCARE
   52  FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH  A  SUFFICIENT  NUMBER  OF
   53  QUALIFIED  CENTRAL SERVICE TECHNICIANS WHO MEET THE REQUIREMENTS OF THIS
   54  SECTION;
       A. 878--A                           3

    1    (B) THE HEALTHCARE FACILITY MAKES A  WRITTEN  RECORD  OF  ITS  EFFORTS
    2  UNDER  PARAGRAPH  (A)  OF THIS SUBDIVISION AND RETAINS THE RECORD AT THE
    3  HEALTHCARE FACILITY; AND
    4    (C)  THE PERSON MEETS THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION
    5  TWO OF THIS SECTION WITHIN TWO YEARS  OF  THE  START  OF  EMPLOYMENT  OR
    6  CONTRACTING FOR THE PERFORMANCE OF CENTRAL SERVICE TECHNICIAN DUTIES.
    7    7.    A  HEALTHCARE  FACILITY THAT EMPLOYS OR CONTRACTS WITH A CENTRAL
    8  SERVICE TECHNICIAN SHALL UPON REQUEST OF ANOTHER HEALTHCARE FACILITY, OR
    9  UPON REQUEST OF A  CENTRAL  SERVICE  TECHNICIAN  EMPLOYED  BY,  FORMERLY
   10  EMPLOYED  BY OR CONTRACTED TO PERFORM AS A CENTRAL SERVICE TECHNICIAN AT
   11  THE HEALTHCARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR  CONTRACT  OF
   12  SUCH PERSON.
   13    8.  NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
   14  FROM PERFORMING CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS  IF  THE
   15  PERSON  IS  ACTING  WITHIN  THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN
   16  THIS SECTION SHALL MEAN THAT ANY INDIVIDUAL  NOT  LICENSED  PURSUANT  TO
   17  TITLE  EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED
   18  TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
   19    9. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
   20  APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   21    S 2. This act shall take effect on the first  day  of  the  eighteenth
   22  month after it shall have become a law.
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