BILL NO A08620C
SAME AS SAME AS S05155-D
SPONSOR Bronson
COSPNSR Gunther
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.
BILL NO A08620C
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
BILL NUMBER:A8620C
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 OR GENERAL IDEA OF BILL: To require individuals employed in the
supply of central services to hospitals to be certified and undergo
continuing education.
SUMMARY OF SPECIFIC PROVISIONS: Creates a new article 49-A in the
public health law to address central service technicians. Section 4520,
subdivision defines key terms. Subdivision 2 sets forth the certif-
ication requirements for central service technicians. Subdivision 3
sets forth the continuing education requirements for central service
technicians. Subdivisions 4, 5, 6, 7 and 8 pertain to supervisory roles
of healthcare facilities, grandfathers existing central service techni-
cians who have been employed as such technicians for ten years or more
from the certification requirements, and states that enforcement rests
with the Department of Health. 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, Any person employed as
central sterile "supply personnel for ten years or more shall he exempt
from the certification requirements set forth in this bill. In addition,
the bill imposes a continuing education requirement.
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.
FISCAL IMPLICATIONS: None to State.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth
day after it shall have become law, provided, however, that effective
immediately the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the timely implementation of this act on its effec-
tive date is hereby authorized and directed to be made completed on or
before such effective date.
S T A T E O F N E W Y O R K
________________________________________________________________________
8620--C
2011-2012 Regular Sessions
I N A S S E M B L Y
September 21, 2011
___________
Introduced by M. of A. BRONSON, GUNTHER -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
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.
16 (C) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTI-
17 FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09343-12-2
A. 8620--C 2
1 2. A PERSON SHALL NOT FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A
2 HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER-
3 WISE CONTRACT FOR THE SERVICES OF A CENTRAL SERVICE TECHNICIAN UNLESS
4 THE PERSON MEETS ONE OF THE FOLLOWING:
5 (A) HOLDS AND MAINTAINS THE CERTIFIED REGISTERED CENTRAL SERVICE TECH-
6 NICIAN CREDENTIAL ADMINISTERED BY THE INTERNATIONAL ASSOCIATION OF
7 HEALTHCARE CENTRAL SERVICE MATERIEL MANAGEMENT (IAHCSMM) OR THE CERTI-
8 FIED STERILE PROCESSING AND DISTRIBUTION TECHNICIAN CREDENTIAL ADMINIS-
9 TERED BY THE CERTIFICATION BOARD FOR STERILE PROCESSING AND DISTRIB-
10 UTION, INC. (CBSPD) OR ANOTHER CREDENTIALING AGENCY ACCEPTABLE TO THE
11 COMMISSIONER; OR
12 (B) PROVIDES EVIDENCE THAT THE PERSON WAS EMPLOYED OR OTHERWISE
13 CONTRACTED FOR THE SERVICES AS A CENTRAL SERVICE TECHNICIAN IN A HEALTH-
14 CARE FACILITY ON OR IN THE TWO YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE
15 DATE OF THIS SECTION. IN FURTHERANCE OF THIS PARAGRAPH, ANY CONTRACTOR
16 OR EMPLOYER OF PERSONS FUNCTIONING AS A CENTRAL SERVICE TECHNICIAN ON
17 THE EFFECTIVE DATE OF THIS SECTION SHALL CONFIRM IN WRITING TO SUCH
18 EMPLOYEE OR CONTRACTOR HIS OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING
19 AS A CENTRAL SERVICE TECHNICIAN IN A HEALTHCARE FACILITY AS OF THE
20 EFFECTIVE DATE OF THIS SECTION; OR
21 (C) IS A STUDENT OR INTERN PERFORMING THE FUNCTIONS OF A CENTRAL
22 SERVICE TECHNICIAN IF THE STUDENT OR INTERN IS UNDER THE DIRECT SUPER-
23 VISION OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL
24 AND IS FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAIN-
25 ING.
26 3. A CENTRAL SERVICE TECHNICIAN THAT DOES NOT MEET THE REQUIREMENTS
27 OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE TWELVE
28 MONTHS FROM THE DATE OF HIRE TO OBTAIN THE CERTIFIED REGISTERED CENTRAL
29 SERVICE TECHNICIAN CREDENTIAL OR THE CERTIFIED STERILE PROCESSING AND
30 DISTRIBUTION TECHNICIAN CREDENTIAL.
31 4. A PERSON WHO QUALIFIES TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN
32 IN A HEALTHCARE FACILITY UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO
33 OF THIS SECTION MUST ANNUALLY COMPLETE TEN HOURS OF CONTINUING EDUCATION
34 CREDITS TO REMAIN QUALIFIED TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN.
35 5. A CENTRAL SERVICE TECHNICIAN SHALL DOCUMENT IN WRITING GOOD CAUSE
36 THAT PREVENTS COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENT AS
37 PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL INCLUDE ANY
38 OF THE FOLLOWING REASONS: A MEDICAL CONDITION WHICH REQUIRES AN EXTENDED
39 LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE PROFES-
40 SIONAL OR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED
41 STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO MEETING THE
42 CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED IN SUBDIVISION FOUR OF
43 THIS SECTION, MAY BE MADE BY:
44 (A) INTERNATIONAL ASSOCIATION OF CENTRAL SERVICE MATERIEL MANAGEMENT
45 OR CERTIFICATION BOARD FOR STERILE PROCESSING AND DISTRIBUTION, INC. FOR
46 A CENTRAL SERVICE TECHNICIAN UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
47 THIS SECTION; OR
48 (B) A HEALTHCARE FACILITY FOR A CENTRAL SERVICE TECHNICIAN UNDER PARA-
49 GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
50 IF AN EXTENSION IS GRANTED, A CENTRAL SERVICE TECHNICIAN SHALL
51 COMPLETE ALL PAST DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY
52 DAYS UPON RESOLUTION OF A MEDICAL CONDITION OR EXTENDED ACTIVE DUTY WITH
53 THE ARMED FORCES OF THE UNITED STATES.
54 6. A HEALTH CARE FACILITY WHO EMPLOYS OR CONTRACTS WITH A CENTRAL
55 SERVICE TECHNICIAN SHALL UPON REQUEST OF A CENTRAL SERVICE TECHNICIAN
56 EMPLOYED BY, FORMERLY EMPLOYED BY OR CONTRACTED TO PERFORM AS A CENTRAL
A. 8620--C 3
1 SERVICE TECHNICIAN AT THE HEALTH CARE FACILITY, VERIFY THE DATES OF
2 EMPLOYMENT OR CONTRACT OF SUCH PERSON. THERE SHALL BE WORKING RELATION-
3 SHIPS AMONG MEDICAL STAFF, NURSING STAFF AND CENTRAL SERVICE TECHNICIAN
4 TO ASSURE THAT ALL PATIENT CARE NEEDS ARE MET.
5 7. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
6 FROM PERFORMING CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS IF THE
7 PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN
8 THIS SECTION SHALL MEAN THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO
9 TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED
10 TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
11 8. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS SECTION IN
12 ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER.
13 9. THE COMMISSIONER SHALL MAKE, ADOPT, PROMULGATE AND ENFORCE SUCH
14 RULES AND REGULATIONS AS HE OR SHE MAY DEEM APPROPRIATE TO EFFECTUATE
15 THE PURPOSES OF THIS SECTION.
16 S 2. This act shall take effect on the sixtieth day after it shall
17 have become a law.
