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.Go to top
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.177Go to top
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A878A SPONSOR: Bronson
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 effec- tive 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 proce- dures 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 techni- cians 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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STATE OF NEW YORK ________________________________________________________________________ 878--A Cal. No. 449 2013-2014 Regular Sessions IN ASSEMBLY (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 § 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. LBD04692-05-3A. 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 § 2. This act shall take effect on the first day of the eighteenth 22 month after it shall have become a law.