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S00697 Summary:

BILL NO    S00697A

SAME AS    SAME AS A00878-A

SPONSOR    GRISANTI

COSPNSR    AVELLA

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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S00697 Actions:

BILL NO    S00697A

01/09/2013 REFERRED TO HEALTH
05/24/2013 AMEND AND RECOMMIT TO HEALTH
05/24/2013 PRINT NUMBER 697A
06/04/2013 1ST REPORT CAL.1121
06/05/2013 2ND REPORT CAL.
06/10/2013 ADVANCED TO THIRD READING 
06/11/2013 SUBSTITUTED BY A878A
           A00878  AMEND=A  Bronson
           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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S00697 Memo:

Memo not available
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S00697 Text:

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

                                        697--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Health  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       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:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04692-04-3
       S. 697--A                           2

    1    (A) (I)  HAS  SUCCESSFULLY  PASSED  A  NATIONALLY  ACCREDITED  CENTRAL
    2  SERVICE  EXAM  FOR CENTRAL SERVICE TECHNICIANS; AND (II) HOLDS AND MAIN-
    3  TAINS ONE OF THE FOLLOWING  CREDENTIALS  ADMINISTERED  BY  A  NATIONALLY
    4  ACCREDITED  CENTRAL  SERVICE  TECHNICIAN CREDENTIALING ORGANIZATION: THE
    5  CERTIFIED  REGISTERED  CENTRAL SERVICE TECHNICIAN CREDENTIAL, THE CERTI-
    6  FIED STERILE PROCESSING AND  DISTRIBUTION  TECHNICIAN  CREDENTIAL  OR  A
    7  SUBSTANTIALLY EQUIVALENT CREDENTIAL; OR
    8    (B)  PROVIDES  EVIDENCE  THAT  THE  PERSON  WAS  EMPLOYED OR OTHERWISE
    9  CONTRACTED FOR THE SERVICES AS A CENTRAL SERVICE TECHNICIAN IN A HEALTH-
   10  CARE FACILITY FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN  THE
   11  FOUR  YEARS  IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN
   12  FURTHERANCE OF THIS PARAGRAPH, ANY CONTRACTOR  OR  EMPLOYER  OF  PERSONS
   13  FUNCTIONING  AS  A  CENTRAL  SERVICE TECHNICIAN ON THE EFFECTIVE DATE OF
   14  THIS SECTION SHALL CONFIRM IN WRITING TO EACH EMPLOYEE OR CONTRACTOR HIS
   15  OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS A CENTRAL SERVICE TECHNI-
   16  CIAN IN A HEALTHCARE FACILITY AS OF THE EFFECTIVE DATE OF THIS  SECTION;
   17  OR
   18    (C)  IS  A  STUDENT  OR  INTERN  PERFORMING THE FUNCTIONS OF A CENTRAL
   19  SERVICE TECHNICIAN IF THE STUDENT OR INTERN IS UNDER THE  DIRECT  SUPER-
   20  VISION OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL
   21  AND  IS FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAIN-
   22  ING.
   23    3.  A CENTRAL SERVICE TECHNICIAN WHO DOES NOT MEET THE REQUIREMENTS OF
   24  PARAGRAPH (B) OF SUBDIVISION TWO OF THIS  SECTION  SHALL  HAVE  EIGHTEEN
   25  MONTHS  FROM THE DATE OF HIRE TO OBTAIN THE CERTIFIED REGISTERED CENTRAL
   26  SERVICE TECHNICIAN CREDENTIAL OR THE CERTIFIED  STERILE  PROCESSING  AND
   27  DISTRIBUTION TECHNICIAN CREDENTIAL.
   28    4.  A PERSON WHO QUALIFIES TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN
   29  IN A HEALTHCARE FACILITY UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO
   30  OF THIS SECTION MUST ANNUALLY COMPLETE TEN HOURS OF CONTINUING EDUCATION
   31  CREDITS TO REMAIN QUALIFIED TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN.
   32    5. (A) A CENTRAL SERVICE TECHNICIAN SHALL  DOCUMENT  IN  WRITING  GOOD
   33  CAUSE THAT PREVENTS COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENT
   34  AS  PRESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL INCLUDE
   35  ANY OF THE FOLLOWING REASONS: A  MEDICAL  CONDITION  WHICH  REQUIRES  AN
   36  EXTENDED LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE
   37  PROFESSIONAL,  OR  EXTENDED  ACTIVE  DUTY  WITH  THE ARMED FORCES OF THE
   38  UNITED STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO  MEET-
   39  ING  THE  CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED IN SUBDIVISION
   40  FOUR OF THIS SECTION, MAY BE GRANTED BY:
   41    (I) THE ACCREDITING AGENCY OF A CENTRAL SERVICE TECHNICIAN  QUALIFYING
   42  UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; OR
   43    (II)  A HEALTHCARE FACILITY EMPLOYING OR CONTRACTING A CENTRAL SERVICE
   44  TECHNICIAN UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   45    (B) IF AN EXTENSION IS GRANTED, A  CENTRAL  SERVICE  TECHNICIAN  SHALL
   46  COMPLETE  ALL  PAST  DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY
   47  DAYS UPON RESOLUTION OF THE MEDICAL CONDITION OR TERMINATION OF EXTENDED
   48  ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES.
   49    6. A HEALTHCARE FACILITY MAY  EMPLOY  OR  OTHERWISE  CONTRACT  WITH  A
   50  PERSON  WHO  DOES  NOT  MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
   51  SECTION TO FUNCTION AS A CENTRAL  SERVICE  TECHNICIAN  IN  A  HEALTHCARE
   52  FACILITY IF:
   53    (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTHCARE
   54  FACILITY  IS  UNABLE  TO  EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF
   55  QUALIFIED CENTRAL SERVICE TECHNICIANS WHO MEET THE REQUIREMENTS OF  THIS
   56  SECTION;
       S. 697--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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