A08620 Summary:

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.
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A08620 Actions:

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
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A08620 Memo:

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.
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A08620 Text:

                           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.
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