S02376 Summary:

BILL NOS02376
 
SAME ASSAME AS A00402
 
SPONSORKLEIN
 
COSPNSRCARLUCCI, SAVINO, VALESKY
 
MLTSPNSR
 
Add Art 2 Title 6 S266, Pub Health L; amd S6507, Ed L; amd SS2343, 3436 & 5505, Ins L
 
Establishes the health care practitioner hygienic dress code program within the department of health to address clothing, jewelry and identification tags worn by health care professionals that may cause infection, disease and bacteria in patients, visitors and the general public.
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S02376 Actions:

BILL NOS02376
 
01/16/2013REFERRED TO HEALTH
01/08/2014REFERRED TO HEALTH
01/14/2014RECOMMIT, ENACTING CLAUSE STRICKEN
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S02376 Floor Votes:

There are no votes for this bill in this legislative session.
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S02376 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2376
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2013
                                       ___________
 
        Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, VALESKY -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Health
 
        AN  ACT to amend the public health law, the education law and the insur-
          ance law, in relation  to  establishing  a  health  care  practitioner

          hygienic   dress  code;  and  providing  for  the  repeal  of  certain
          provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Article 2 of the public health law is amended by adding a
     2  new title 6 to read as follows:
     3                                   TITLE 6
     4                      HEALTH CARE PRACTITIONER HYGIENIC
     5                                 DRESS CODE
     6  Section 266. Health care practitioner hygienic dress code.
     7    § 266. Health care practitioner hygienic dress code.  1.  Definitions.
     8  The  following  words  or  phrases  as used in this title shall have the
     9  following meanings:

    10    (a) "Continuing education"  shall  mean  all  professional  continuing
    11  education  programs  required  either  by  state law, or by professional
    12  associations authorized by  the  education  department  to  monitor  the
    13  requirements  of  licensure  or  certification and to conduct continuing
    14  education required to be completed by a health care practitioner.
    15    (b) "Council" shall mean the state health care  practitioner  hygienic
    16  dress code council established by subdivision two of this section.
    17    (c) "Health care facility" shall mean and include a hospital and resi-
    18  dential  health care facility as defined in section twenty-eight hundred
    19  one of this chapter, and any setting in which a health care practitioner

    20  regularly practices his or her profession.
    21    (d) "Health care practitioner" shall mean any  person  licensed  as  a
    22  physician  pursuant  to  article one hundred thirty-one of the education
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01504-01-3

        S. 2376                             2
 
     1  law, physician assistant or specialist assistant pursuant to article one
     2  hundred thirty-one-B of the education law, nurse pursuant to article one
     3  hundred thirty-nine of the education law, or midwife pursuant to article
     4  one hundred forty of the education law.

     5    2. State health care practitioner hygienic dress code council. (a) The
     6  state  health  care  practitioner  hygienic dress code council is hereby
     7  established in the department to  be  an  expert  panel  to  advise  the
     8  commissioner  and  the  commissioner of education on: (i) the best prac-
     9  tices related to mitigating  and  eliminating  the  spread  of  disease,
    10  infection  and  bacteria to patients, visitors and the general public in
    11  health care facilities by means of the unhygienic clothing, jewelry  and
    12  health care facility identification tags worn by health care practition-
    13  ers and the cleaning personnel of such facilities, (ii) the promotion of
    14  better  and  coordinated policies to ensure better hygienic practices in

    15  health care facilities, and  (iii)  the  development  of  guidelines  to
    16  assist  the education department in establishing materials and curricula
    17  to be used in providing continuing education  programs  to  health  care
    18  practitioners on the use of a hygienic dress code to minimize the spread
    19  of disease, infection and bacteria to patients, visitors and the general
    20  public.
    21    (b)  The council shall be composed of twenty-five members appointed by
    22  the  commissioner.  The  commissioner  shall  seek  recommendations  for
    23  appointments  from  the commissioner of education and the superintendent
    24  of financial services. The  membership  of  the  council  shall  include
    25  representatives  of  the  various  professions  within the definition of

    26  health care practitioner, the various facilities and settings within the
    27  definition of health care facility, educators of health care practition-
    28  ers, cleaning and sterilization services  for  health  care  facilities,
    29  pharmaceutical companies, and insurers and corporations providing health
    30  care coverage.  The chair of the council shall be a member thereof as is
    31  so designated by the commissioner.
    32    (c) The members of the council shall have expertise in the maintenance
    33  and  creation  of  sanitary  and hygienic conditions in the treatment of
    34  patients by health care practitioners and in health care facilities. The
    35  term of office of such members shall be four years. The members  of  the

    36  council  shall  receive no compensation for their services, but shall be
    37  allowed their actual and necessary expenses in the performance of  their
    38  duties.
    39    (d)  The  council  shall meet upon the call of the commissioner or the
    40  chair. The council may adopt regulations consistent with this section.
    41    (e) The commissioner shall designate such  employee  and  provide  for
    42  other  resources  of  the  department  as may be reasonably necessary to
    43  provide support and services for the work of the council.
    44    (f) The council may provide  technical  information  and  guidance  to
    45  health  care  practitioners and health care facilities on the latest and
    46  best practices and strategies related to mitigating and eliminating  the

    47  spread of disease, infection and bacteria during the course of treatment
    48  of patients as it relates to the use of hygienic health care practition-
    49  er clothing, attire and a dress code.
    50    3.  Policies  to  be  considered, examined and possibly advanced after
    51  evidence-based review by the council. The  council  shall  consider  and
    52  examine  the  following policies and guidelines in the adoption of rules
    53  and regulations:
    54    (a) The provision of education and instruction to patients and  health
    55  care  practitioners  on  how  enhanced  sanitary  and hygienic policies,

        S. 2376                             3
 
     1  including the use of hygienic health care practitioner clothing,  attire

     2  and a dress code, can help to reduce the risk of cross-infection;
     3    (b) Encouraging health care facilities to provide adequate supplies of
     4  clean  scrubs, other articles of clothing and health care facility iden-
     5  tification tags to health care practitioners to ensure frequent  changes
     6  thereof;
     7    (c)  Encouraging health care facilities to provide changing rooms, and
     8  instruction on how to appropriately wash clothing worn  by  health  care
     9  practitioners;
    10    (d)  The  wearing  of  pathogen-resistant  scrubs and coats, aprons or
    11  slips made of plastic or wicking materials, and double gloves;
    12    (e) The adoption of a prohibition on the wearing outside of  a  health

    13  care  facility  by  health  care  practitioners  of clothing worn during
    14  treatment of patients; and
    15    (f)  Consideration  of  alterations  in  Medicaid  and  private  payor
    16  reimbursement rates and practices to encourage more optimum sanitary and
    17  hygienic conditions in health care facilities.
    18    4. Health care practitioner hygienic resource centers. The commission-
    19  er,  in consultation with the council, may designate a health care prac-
    20  titioner hygienic resource center or centers. Such resource  center  may
    21  be  statewide  or  regional,  and  shall  act  as  a source of technical
    22  support, information and guidance  for  health  care  practitioners  and
    23  health  care facilities on the latest strategies and best practices with

    24  regard to establishing sanitary and hygienic conditions for  the  treat-
    25  ment  of patients. The department, in consultation with the council, may
    26  contract with not-for-profit organizations or associations to  establish
    27  and manage such resource centers. Such resource centers may charge a fee
    28  to help offset the cost of providing such services.
    29    5. Continuing education for health care practitioners. The council, in
    30  consultation  with  the  department, the education department and health
    31  care practitioner professional organizations, shall develop, compile and
    32  publish information and course materials on sanitary and hygienic  prac-
    33  tices  that  should  be followed by health care practitioners and health

    34  care facilities  to  mitigate  and  eliminate  the  spread  of  disease,
    35  infection  and  bacteria to patients, visitors and the general public by
    36  means of the clothing, jewelry and health care  facility  identification
    37  tags  worn  by  health  care practitioners and the cleaning personnel of
    38  such facilities. In addition, within two years of the effective date  of
    39  this  title,  the  council  shall  make recommendations to the education
    40  department for the course work, training and curriculum to  be  included
    41  in  the  continuing  education  on  the  best  practices, strategies and
    42  approaches related to mitigating and eliminating the spread of  disease,
    43  infection  and  bacteria to patients, visitors and the general public in

    44  health care facilities by means of the clothing, jewelry and health care
    45  facility identification tags worn by health care practitioners  and  the
    46  cleaning personnel of such facilities.
    47    6.  Report.  On  or before March first of each even numbered year, the
    48  council shall submit to the governor, the commissioner, the commissioner
    49  of education, the temporary president of the senate, the speaker of  the
    50  assembly,  the minority leader of the senate, the minority leader of the
    51  assembly, and the chairs of the senate and assembly committees on health
    52  a report on its activities and accomplishments pursuant to this  article
    53  relating  to sanitary and hygienic conditions in health care facilities.

    54  Such report may also include such  legislative  proposals  as  it  deems
    55  necessary to more effectively implement the provisions of this title.

        S. 2376                             4
 
     1    § 2. Paragraphs b and c of subdivision 3 of section 6507 of the educa-
     2  tion law, as added by chapter 987 of the laws of 1971, are amended and a
     3  new paragraph d is added to read as follows:
     4    b.  Review  qualifications  in connection with licensing requirements;
     5  [and]
     6    c. Provide for licensing examinations and reexaminations[.]; and
     7    d. (i) Establish standards for continuing education  for  health  care
     8  practitioners  on  the best practices, strategies and approaches related
     9  to mitigating and eliminating  the  spread  of  disease,  infection  and

    10  bacteria  to  patients,  visitors  and the general public in health care
    11  facilities by means of the clothing, jewelry and  health  care  facility
    12  identification  tags  worn by health care practitioners and the cleaning
    13  personnel of such facilities.  In promulgation of  such  standards,  the
    14  department  and  the  appropriate  board  of  each such profession shall
    15  consider and, to the extent practicable, implement  the  recommendations
    16  of the state health care practitioner hygienic dress code council.
    17    (ii) For the purposes of this paragraph:
    18    (A)  "Health  care  facility"  shall mean and include a hospital and a
    19  residential health care facility  as  defined  in  section  twenty-eight

    20  hundred  one of the public health law, and any setting in which a health
    21  care practitioner regularly practices his or her profession.
    22    (B) "Health care practitioner" shall mean any  person  licensed  as  a
    23  physician  pursuant  to  article  one  hundred thirty-one of this title,
    24  physician assistant or specialist  assistant  pursuant  to  article  one
    25  hundred  thirty-one-B  of  this  title,  nurse  pursuant  to article one
    26  hundred thirty-nine of this title, or midwife pursuant  to  article  one
    27  hundred forty of this title.
    28    §  3.  Section  2343  of  the insurance law is amended by adding a new
    29  subsection (f) to read as follows:
    30    (f) The superintendent shall approve and implement programs to encour-

    31  age health care providers, health care facilities and  medical  malprac-
    32  tice insurers to participate in health care provider hygienic dress code
    33  programs.  Such  programs may include, but shall be limited to, enhanced
    34  coverage levels, reductions in deductible levels or  actuarially  appro-
    35  priate  premium  reduction  for insured health care providers and health
    36  care facilities which have implemented a successful health care  practi-
    37  tioner  dress  code program, pursuant to title six of article two of the
    38  public health law, which is approved by the commissioner of health.
    39    § 4. Section 3436 of the insurance law, as added by chapter 266 of the
    40  laws of 1986, is amended by adding a  new  subsection  (f)  to  read  as
    41  follows:

    42    (f)  An  insurer  which  issues policies for primary levels of medical
    43  malpractice insurance  shall  upon  the  issuance  or  renewal  thereof,
    44  provide  for  programs  to  encourage health care providers, health care
    45  facilities and medical malpractice insurers  to  participate  in  health
    46  care  provider  hygienic dress code programs. Such programs may include,
    47  but shall be limited to, enhanced coverage levels, reductions in deduct-
    48  ible levels or actuarially appropriate  premium  reduction  for  insured
    49  health  care providers and health care facilities which have implemented
    50  a successful health care practitioner dress code  program,  pursuant  to
    51  title  six of article two of the public health law, which is approved by
    52  the commissioner of health.

    53    § 5. Section 5505 of the insurance law is  amended  by  adding  a  new
    54  subsection (e) to read as follows:
    55    (e)  The  association's rates, rating plans and rating classifications
    56  shall provide for programs to encourage health  care  providers,  health

        S. 2376                             5
 
     1  care  facilities  and  medical  malpractice  insurers  to participate in
     2  health care provider hygienic dress code  programs.  Such  programs  may
     3  include,  but  shall be limited to, enhanced coverage levels, reductions
     4  in  deductible  levels  or actuarially appropriate premium discounts for
     5  health care providers and health care facilities which have  implemented
     6  a  successful  health  care practitioner dress code program, pursuant to

     7  title six of article two of the public health law, which is approved  by
     8  the commissioner of health.
     9    §  6. This act shall take effect on the first of January next succeed-
    10  ing the date on which it shall have become a law and section one of this
    11  act shall expire and be deemed repealed January 1, 2023.
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