S05155 Summary:

BILL NOS05155D
 
SAME ASSAME AS A08620-C
 
SPONSORGRISANTI
 
COSPNSRLARKIN
 
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 NOS05155D
 
05/03/2011REFERRED TO HEALTH
05/19/2011AMEND AND RECOMMIT TO HEALTH
05/19/2011PRINT NUMBER 5155A
05/24/2011COMMITTEE DISCHARGED AND COMMITTED TO HIGHER EDUCATION
06/07/20111ST REPORT CAL.1116
06/13/20112ND REPORT CAL.
06/14/2011ADVANCED TO THIRD READING
06/24/2011COMMITTED TO RULES
01/04/2012REFERRED TO HIGHER EDUCATION
02/17/2012AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
02/17/2012PRINT NUMBER 5155B
04/18/20121ST REPORT CAL.534
04/19/20122ND REPORT CAL.
04/25/2012ADVANCED TO THIRD READING
06/04/2012AMENDED ON THIRD READING 5155C
06/11/2012AMENDED ON THIRD READING 5155D
06/20/2012SUBSTITUTED BY A8620C
 A08620 AMEND=C Bronson
 09/21/2011referred to higher education
 01/04/2012referred to higher education
 02/21/2012amend (t) and recommit to higher education
 02/21/2012print number 8620a
 05/01/2012reference changed to health
 06/05/2012amend and recommit to health
 06/05/2012print number 8620b
 06/11/2012reported referred to rules
 06/12/2012amend and recommit to rules 8620c
 06/18/2012reported
 06/18/2012rules report cal.297
 06/18/2012ordered to third reading rules cal.297
 06/18/2012passed assembly
 06/18/2012delivered to senate
 06/18/2012REFERRED TO RULES
 06/20/2012SUBSTITUTED FOR S5155D
 06/20/20123RD READING CAL.534
 06/20/2012PASSED SENATE
 06/20/2012RETURNED TO ASSEMBLY
 09/21/2012delivered to governor
 10/03/2012vetoed memo.157
 10/05/2012tabled
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S05155 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5155--D
            Cal. No. 534
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       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    § 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    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    20  have become a law.
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