S06378 Summary:

BILL NOS06378
 
SAME ASSAME AS A00402
 
SPONSORCARLUCCI
 
COSPNSR
 
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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S06378 Actions:

BILL NOS06378
 
01/21/2014REFERRED TO HEALTH
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S06378 Floor Votes:

There are no votes for this bill in this legislative session.
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S06378 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6378
 
                    IN SENATE
 
                                    January 21, 2014
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- 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
    23  law, physician assistant or specialist assistant pursuant to article one
    24  hundred thirty-one-B of the education law, nurse pursuant to article one
    25  hundred thirty-nine of the education law, or midwife pursuant to article
    26  one hundred forty of the education law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01504-01-3

        S. 6378                             2
 
     1    2. State health care practitioner hygienic dress code council. (a) The
     2  state  health  care  practitioner  hygienic dress code council is hereby

     3  established in the department to  be  an  expert  panel  to  advise  the
     4  commissioner  and  the  commissioner of education on: (i) the best prac-
     5  tices  related  to  mitigating  and  eliminating  the spread of disease,
     6  infection and bacteria to patients, visitors and the general  public  in
     7  health  care facilities by means of the unhygienic clothing, jewelry and
     8  health care facility identification tags worn by health care practition-
     9  ers and the cleaning personnel of such facilities, (ii) the promotion of
    10  better and coordinated policies to ensure better hygienic  practices  in
    11  health  care  facilities,  and  (iii)  the  development of guidelines to
    12  assist the education department in establishing materials and  curricula

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

    24  ers,  cleaning  and  sterilization  services for health care facilities,
    25  pharmaceutical companies, and insurers and corporations providing health
    26  care coverage.  The chair of the council shall be a member thereof as is
    27  so designated by the commissioner.
    28    (c) The members of the council shall have expertise in the maintenance
    29  and creation of sanitary and hygienic conditions  in  the  treatment  of
    30  patients by health care practitioners and in health care facilities. The
    31  term  of  office of such members shall be four years. The members of the
    32  council shall receive no compensation for their services, but  shall  be
    33  allowed  their actual and necessary expenses in the performance of their
    34  duties.

    35    (d) The council shall meet upon the call of the  commissioner  or  the
    36  chair. The council may adopt regulations consistent with this section.
    37    (e)  The  commissioner  shall  designate such employee and provide for
    38  other resources of the department as  may  be  reasonably  necessary  to
    39  provide support and services for the work of the council.
    40    (f)  The  council  may  provide  technical information and guidance to
    41  health care practitioners and health care facilities on the  latest  and
    42  best  practices and strategies related to mitigating and eliminating the
    43  spread of disease, infection and bacteria during the course of treatment
    44  of patients as it relates to the use of hygienic health care practition-
    45  er clothing, attire and a dress code.

    46    3. Policies to be considered, examined  and  possibly  advanced  after
    47  evidence-based  review  by  the  council. The council shall consider and
    48  examine the following policies and guidelines in the adoption  of  rules
    49  and regulations:
    50    (a)  The provision of education and instruction to patients and health
    51  care practitioners on  how  enhanced  sanitary  and  hygienic  policies,
    52  including  the use of hygienic health care practitioner clothing, attire
    53  and a dress code, can help to reduce the risk of cross-infection;
    54    (b) Encouraging health care facilities to provide adequate supplies of
    55  clean scrubs, other articles of clothing and health care facility  iden-

        S. 6378                             3
 

     1  tification  tags to health care practitioners to ensure frequent changes
     2  thereof;
     3    (c)  Encouraging health care facilities to provide changing rooms, and
     4  instruction on how to appropriately wash clothing worn  by  health  care
     5  practitioners;
     6    (d)  The  wearing  of  pathogen-resistant  scrubs and coats, aprons or
     7  slips made of plastic or wicking materials, and double gloves;
     8    (e) The adoption of a prohibition on the wearing outside of  a  health
     9  care  facility  by  health  care  practitioners  of clothing worn during
    10  treatment of patients; and
    11    (f)  Consideration  of  alterations  in  Medicaid  and  private  payor
    12  reimbursement rates and practices to encourage more optimum sanitary and

    13  hygienic conditions in health care facilities.
    14    4. Health care practitioner hygienic resource centers. The commission-
    15  er,  in consultation with the council, may designate a health care prac-
    16  titioner hygienic resource center or centers. Such resource  center  may
    17  be  statewide  or  regional,  and  shall  act  as  a source of technical
    18  support, information and guidance  for  health  care  practitioners  and
    19  health  care facilities on the latest strategies and best practices with
    20  regard to establishing sanitary and hygienic conditions for  the  treat-
    21  ment  of patients. The department, in consultation with the council, may
    22  contract with not-for-profit organizations or associations to  establish

    23  and manage such resource centers. Such resource centers may charge a fee
    24  to help offset the cost of providing such services.
    25    5. Continuing education for health care practitioners. The council, in
    26  consultation  with  the  department, the education department and health
    27  care practitioner professional organizations, shall develop, compile and
    28  publish information and course materials on sanitary and hygienic  prac-
    29  tices  that  should  be followed by health care practitioners and health
    30  care facilities  to  mitigate  and  eliminate  the  spread  of  disease,
    31  infection  and  bacteria to patients, visitors and the general public by
    32  means of the clothing, jewelry and health care  facility  identification

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

    43    6.  Report.  On  or before March first of each even numbered year, the
    44  council shall submit to the governor, the commissioner, the commissioner
    45  of education, the temporary president of the senate, the speaker of  the
    46  assembly,  the minority leader of the senate, the minority leader of the
    47  assembly, and the chairs of the senate and assembly committees on health
    48  a report on its activities and accomplishments pursuant to this  article
    49  relating  to sanitary and hygienic conditions in health care facilities.
    50  Such report may also include such  legislative  proposals  as  it  deems
    51  necessary to more effectively implement the provisions of this title.
    52    § 2. Paragraphs b and c of subdivision 3 of section 6507 of the educa-

    53  tion law, as added by chapter 987 of the laws of 1971, are amended and a
    54  new paragraph d is added to read as follows:
    55    b.  Review  qualifications  in connection with licensing requirements;
    56  [and]

        S. 6378                             4
 
     1    c. Provide for licensing examinations and reexaminations[.]; and
     2    d.  (i)  Establish  standards for continuing education for health care
     3  practitioners on the best practices, strategies and  approaches  related
     4  to  mitigating  and  eliminating  the  spread  of disease, infection and
     5  bacteria to patients, visitors and the general  public  in  health  care
     6  facilities  by  means  of the clothing, jewelry and health care facility

     7  identification tags worn by health care practitioners and  the  cleaning
     8  personnel  of  such facilities.   In promulgation of such standards, the
     9  department and the appropriate  board  of  each  such  profession  shall
    10  consider  and,  to the extent practicable, implement the recommendations
    11  of the state health care practitioner hygienic dress code council.
    12    (ii) For the purposes of this paragraph:
    13    (A) "Health care facility" shall mean and include  a  hospital  and  a
    14  residential  health  care  facility  as  defined in section twenty-eight
    15  hundred one of the public health law, and any setting in which a  health
    16  care practitioner regularly practices his or her profession.
    17    (B)  "Health  care  practitioner"  shall mean any person licensed as a

    18  physician pursuant to article one  hundred  thirty-one  of  this  title,
    19  physician  assistant  or  specialist  assistant  pursuant to article one
    20  hundred thirty-one-B of  this  title,  nurse  pursuant  to  article  one
    21  hundred  thirty-nine  of  this title, or midwife pursuant to article one
    22  hundred forty of this title.
    23    § 3. Section 2343 of the insurance law is  amended  by  adding  a  new
    24  subsection (f) to read as follows:
    25    (f) The superintendent shall approve and implement programs to encour-
    26  age  health  care providers, health care facilities and medical malprac-
    27  tice insurers to participate in health care provider hygienic dress code
    28  programs. Such programs may include, but shall be limited  to,  enhanced

    29  coverage  levels,  reductions in deductible levels or actuarially appro-
    30  priate premium reduction for insured health care  providers  and  health
    31  care  facilities which have implemented a successful health care practi-
    32  tioner dress code program, pursuant to title six of article two  of  the
    33  public health law, which is approved by the commissioner of health.
    34    § 4. Section 3436 of the insurance law, as added by chapter 266 of the
    35  laws  of  1986,  is  amended  by  adding a new subsection (f) to read as
    36  follows:
    37    (f) An insurer which issues policies for  primary  levels  of  medical
    38  malpractice  insurance  shall  upon  the  issuance  or  renewal thereof,
    39  provide for programs to encourage health  care  providers,  health  care

    40  facilities  and  medical  malpractice  insurers to participate in health
    41  care provider hygienic dress code programs. Such programs  may  include,
    42  but shall be limited to, enhanced coverage levels, reductions in deduct-
    43  ible  levels  or  actuarially  appropriate premium reduction for insured
    44  health care providers and health care facilities which have  implemented
    45  a  successful  health  care practitioner dress code program, pursuant to
    46  title six of article two of the public health law, which is approved  by
    47  the commissioner of health.
    48    §  5.  Section  5505  of  the insurance law is amended by adding a new
    49  subsection (e) to read as follows:
    50    (e) The association's rates, rating plans and  rating  classifications

    51  shall  provide  for  programs to encourage health care providers, health
    52  care facilities and  medical  malpractice  insurers  to  participate  in
    53  health  care  provider  hygienic  dress code programs. Such programs may
    54  include, but shall be limited to, enhanced coverage  levels,  reductions
    55  in  deductible  levels  or actuarially appropriate premium discounts for
    56  health care providers and health care facilities which have  implemented

        S. 6378                             5
 
     1  a  successful  health  care practitioner dress code program, pursuant to
     2  title six of article two of the public health law, which is approved  by
     3  the commissioner of health.
     4    §  6. This act shall take effect on the first of January next succeed-

     5  ing the date on which it shall have become a law and section one of this
     6  act shall expire and be deemed repealed January 1, 2023.
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