S05155 Summary:

BILL NO    S05155D

SAME AS    SAME AS A08620-C

SPONSOR    GRISANTI

COSPNSR    LARKIN

MLTSPNSR   

Add Art 49-A S4920, Pub Health L

Relates to the employment of persons to function as central service technicians
in certain healthcare facilities.
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S05155 Actions:

BILL NO    S05155D

05/03/2011 REFERRED TO HEALTH
05/19/2011 AMEND AND RECOMMIT TO HEALTH
05/19/2011 PRINT NUMBER 5155A
05/24/2011 COMMITTEE DISCHARGED AND COMMITTED TO HIGHER EDUCATION
06/07/2011 1ST REPORT CAL.1116
06/13/2011 2ND REPORT CAL.
06/14/2011 ADVANCED TO THIRD READING 
06/24/2011 COMMITTED TO RULES
01/04/2012 REFERRED TO HIGHER EDUCATION
02/17/2012 AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
02/17/2012 PRINT NUMBER 5155B
04/18/2012 1ST REPORT CAL.534
04/19/2012 2ND REPORT CAL.
04/25/2012 ADVANCED TO THIRD READING 
06/04/2012 AMENDED ON THIRD READING 5155C
06/11/2012 AMENDED ON THIRD READING 5155D
06/20/2012 SUBSTITUTED BY A8620C
           A08620  AMEND=C  Bronson
           09/21/2011 referred to higher education
           01/04/2012 referred to higher education
           02/21/2012 amend (t) and recommit to higher education
           02/21/2012 print number 8620a
           05/01/2012 reference changed to health
           06/05/2012 amend and recommit to health
           06/05/2012 print number 8620b
           06/11/2012 reported referred to rules
           06/12/2012 amend and recommit to rules 8620c
           06/18/2012 reported 
           06/18/2012 rules report cal.297
           06/18/2012 ordered to third reading rules cal.297
           06/18/2012 passed assembly
           06/18/2012 delivered to senate
           06/18/2012 REFERRED TO RULES
           06/20/2012 SUBSTITUTED FOR S5155D
           06/20/2012 3RD READING CAL.534
           06/20/2012 PASSED SENATE
           06/20/2012 RETURNED TO ASSEMBLY
           09/21/2012 delivered to governor
           10/03/2012 vetoed memo.157
           10/05/2012 tabled
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S05155 Text:

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

                                        5155--D
           Cal. No. 534

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      May 3, 2011
                                      ___________

       Introduced  by Sens. GRISANTI, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Health -- commit-
         tee discharged, bill amended, ordered reprinted as amended and  recom-
         mitted  to  said  committee  -- recommitted to the Committee on Higher
         Education in accordance with  Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee -- reported favorably from said committee, ordered
         to first and second report, ordered to a third  reading,  amended  and
         ordered  reprinted,  retaining its place in the order of third reading
         -- again amended and ordered reprinted, retaining  its  place  in  the
         order of third 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  article
    2  49-A to read as follows:
    3                                ARTICLE 49-A
    4                         CENTRAL SERVICE TECHNICIANS
    5  SECTION 4920. CENTRAL SERVICE TECHNICIANS.
    6    S 4920. CENTRAL  SERVICE  TECHNICIANS.    1.  FOR THE PURPOSES OF THIS
    7  SECTION, THE TERMS:
    8    (A) "CENTRAL SERVICE TECHNICIAN" SHALL MEAN A PERSON WHO PROVIDES  THE
    9  SERVICES  OF DECONTAMINATION, PREPARATION, PACKAGING, STERILIZATION, AND
   10  STORAGE AND DISTRIBUTION OF REUSABLE MEDICAL INSTRUMENTATION OR  DEVICES
   11  IN  HEALTHCARE  FACILITIES  OTHER  THAN IN THE COURSE OF PRACTICING AS A
   12  HEALTHCARE PROFESSIONAL.
   13    (B) "HEALTHCARE FACILITY" SHALL  MEAN  A  HOSPITAL  OR  AN  AMBULATORY
   14  SURGICAL  CENTER  AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND
   15  SUBJECT TO THE OVERSIGHT AND REGULATION OF THE DEPARTMENT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09343-13-2
       S. 5155--D                          2

    1    (C) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED  OR  CERTI-
    2  FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
    3    2.  A  PERSON  SHALL NOT FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A
    4  HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER-
    5  WISE CONTRACT FOR THE SERVICES OF A CENTRAL  SERVICE  TECHNICIAN  UNLESS
    6  THE PERSON MEETS ONE OF THE FOLLOWING:
    7    (A) HOLDS AND MAINTAINS THE CERTIFIED REGISTERED CENTRAL SERVICE TECH-
    8  NICIAN  CREDENTIAL  ADMINISTERED  BY  THE  INTERNATIONAL  ASSOCIATION OF
    9  HEALTHCARE CENTRAL SERVICE MATERIEL MANAGEMENT (IAHCSMM) OR  THE  CERTI-
   10  FIED  STERILE PROCESSING AND DISTRIBUTION TECHNICIAN CREDENTIAL ADMINIS-
   11  TERED BY THE CERTIFICATION BOARD FOR  STERILE  PROCESSING  AND  DISTRIB-
   12  UTION,  INC.  (CBSPD)  OR ANOTHER CREDENTIALING AGENCY ACCEPTABLE TO THE
   13  COMMISSIONER; OR
   14    (B) PROVIDES EVIDENCE  THAT  THE  PERSON  WAS  EMPLOYED  OR  OTHERWISE
   15  CONTRACTED FOR THE SERVICES AS A CENTRAL SERVICE TECHNICIAN IN A HEALTH-
   16  CARE  FACILITY ON OR IN THE TWO YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE
   17  DATE OF THIS SECTION. IN FURTHERANCE OF THIS PARAGRAPH,  ANY  CONTRACTOR
   18  OR  EMPLOYER  OF  PERSONS FUNCTIONING AS A CENTRAL SERVICE TECHNICIAN ON
   19  THE EFFECTIVE DATE OF THIS SECTION SHALL  CONFIRM  IN  WRITING  TO  SUCH
   20  EMPLOYEE  OR  CONTRACTOR HIS OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING
   21  AS A CENTRAL SERVICE TECHNICIAN IN  A  HEALTHCARE  FACILITY  AS  OF  THE
   22  EFFECTIVE DATE OF THIS SECTION; OR
   23    (C)  IS  A  STUDENT  OR  INTERN  PERFORMING THE FUNCTIONS OF A CENTRAL
   24  SERVICE TECHNICIAN IF THE STUDENT OR INTERN IS UNDER THE  DIRECT  SUPER-
   25  VISION OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL
   26  AND  IS FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAIN-
   27  ING.
   28    3.  A CENTRAL SERVICE TECHNICIAN THAT DOES NOT MEET  THE  REQUIREMENTS
   29  OF  PARAGRAPH  (B)  OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE TWELVE
   30  MONTHS FROM THE DATE OF HIRE TO OBTAIN THE CERTIFIED REGISTERED  CENTRAL
   31  SERVICE  TECHNICIAN  CREDENTIAL  OR THE CERTIFIED STERILE PROCESSING AND
   32  DISTRIBUTION TECHNICIAN CREDENTIAL.
   33    4. A PERSON WHO QUALIFIES TO FUNCTION AS A CENTRAL SERVICE  TECHNICIAN
   34  IN A HEALTHCARE FACILITY UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO
   35  OF THIS SECTION MUST ANNUALLY COMPLETE TEN HOURS OF CONTINUING EDUCATION
   36  CREDITS TO REMAIN QUALIFIED TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN.
   37    5.   A CENTRAL SERVICE TECHNICIAN SHALL DOCUMENT IN WRITING GOOD CAUSE
   38  THAT PREVENTS COMPLIANCE WITH THE CONTINUING  EDUCATION  REQUIREMENT  AS
   39  PRESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL INCLUDE ANY
   40  OF THE FOLLOWING REASONS: A MEDICAL CONDITION WHICH REQUIRES AN EXTENDED
   41  LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE  PROFES-
   42  SIONAL  OR  EXTENDED  ACTIVE  DUTY  WITH  THE ARMED FORCES OF THE UNITED
   43  STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO  MEETING  THE
   44  CONTINUING  EDUCATION  REQUIREMENT, AS PRESCRIBED IN SUBDIVISION FOUR OF
   45  THIS SECTION, MAY BE MADE BY:
   46    (A) INTERNATIONAL ASSOCIATION OF CENTRAL SERVICE  MATERIEL  MANAGEMENT
   47  OR CERTIFICATION BOARD FOR STERILE PROCESSING AND DISTRIBUTION, INC. FOR
   48  A  CENTRAL  SERVICE TECHNICIAN UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
   49  THIS SECTION; OR
   50    (B) A HEALTHCARE FACILITY FOR A CENTRAL SERVICE TECHNICIAN UNDER PARA-
   51  GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   52    IF AN  EXTENSION  IS  GRANTED,  A  CENTRAL  SERVICE  TECHNICIAN  SHALL
   53  COMPLETE  ALL  PAST  DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY
   54  DAYS UPON RESOLUTION OF A MEDICAL CONDITION OR EXTENDED ACTIVE DUTY WITH
   55  THE ARMED FORCES OF THE UNITED STATES.
       S. 5155--D                          3

    1    6.  A HEALTH CARE FACILITY WHO EMPLOYS OR  CONTRACTS  WITH  A  CENTRAL
    2  SERVICE  TECHNICIAN  SHALL  UPON REQUEST OF A CENTRAL SERVICE TECHNICIAN
    3  EMPLOYED BY, FORMERLY EMPLOYED BY OR CONTRACTED TO PERFORM AS A  CENTRAL
    4  SERVICE  TECHNICIAN  AT  THE  HEALTH  CARE FACILITY, VERIFY THE DATES OF
    5  EMPLOYMENT OR CONTRACT OF SUCH PERSON.  THERE SHALL BE WORKING RELATION-
    6  SHIPS  AMONG MEDICAL STAFF, NURSING STAFF AND CENTRAL SERVICE TECHNICIAN
    7  TO ASSURE THAT ALL PATIENT CARE NEEDS ARE MET.
    8    7. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE  PROFESSIONAL
    9  FROM  PERFORMING  CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS IF THE
   10  PERSON IS ACTING WITHIN THE SCOPE OF HIS OR  HER  PRACTICE.  NOTHING  IN
   11  THIS  SECTION  SHALL  MEAN  THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO
   12  TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS  LIMITED
   13  TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
   14    8.  THE  DEPARTMENT  SHALL  ENFORCE  THE PROVISIONS OF THIS SECTION IN
   15  ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER.
   16    9. THE COMMISSIONER SHALL MAKE, ADOPT,  PROMULGATE  AND  ENFORCE  SUCH
   17  RULES  AND  REGULATIONS  AS HE OR SHE MAY DEEM APPROPRIATE TO EFFECTUATE
   18  THE PURPOSES OF THIS SECTION.
   19    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   20  have become a law.
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