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A03977 Summary:

BILL NOA03977
 
SAME ASNo Same As
 
SPONSORTapia
 
COSPNSR
 
MLTSPNSR
 
Add Art 169 §§8860 - 8865, Ed L
 
Enacts the "limited-scope wound care specialist certification act", directing the department of education to establish a program for the education and certification of individuals working for non-profit organizations as limited-scope wound care specialists.
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A03977 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3977
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2025
                                       ___________
 
        Introduced  by M. of A. TAPIA -- read once and referred to the Committee
          on Higher Education
 
        AN ACT to amend the education law, in relation to enacting  the  "limit-
          ed-scope wound care specialist certification act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "limited-scope wound care specialist certification act".
     3    §  2. The education law is amended by adding a new article 169 to read
     4  as follows:
     5                                 ARTICLE 169
     6               CERTIFIED LIMITED-SCOPE WOUND CARE SPECIALISTS
     7  Section 8860. Legislative findings and purpose.
     8          8861. Definitions.
     9          8862. Limited-scope wound care specialist certification program.
    10          8863. Scope of practice.
    11          8864. Immunity from liability.
    12          8865. Enforcement and regulation.
    13    § 8860. Legislative findings and purpose. The legislature hereby finds
    14  that:
    15    1. Minor flesh wounds are common among vulnerable populations, includ-
    16  ing those suffering from drug abuse or experiencing homelessness.
    17    2. Non-profit organizations often serve these  communities,  providing
    18  essential services where access to medical care is limited.
    19    3. Empowering individuals in non-profits with the skills to administer
    20  basic wound care, including the application of antibacterial and hygien-
    21  ic  solutions,  will  improve public health outcomes and prevent compli-
    22  cations from untreated wounds.
    23    4. This certification is intended to be similar to CPR  certification,
    24  providing  accessible  and  practical training without replacing profes-
    25  sional medical care.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07138-01-5

        A. 3977                             2
 
     1    § 8861. Definitions. For the purposes of this article,  the  following
     2  terms shall have the following meanings:
     3    1.  "Minor  flesh  wound"  means  a wound that involves a break in the
     4  skin, such as cuts, scrapes, and abrasions,  which  does  not  penetrate
     5  deeper tissues or require suturing by a licensed medical professional.
     6    2.  "Non-profit organization" means an organization recognized as tax-
     7  exempt under section 501(c)(3) of the internal revenue code, which oper-
     8  ates for charitable, educational, or other exempt purposes.
     9    3. "Limited-scope wound  care  certification"  means  a  certification
    10  granted  under  this article, authorizing an individual to provide first
    11  aid and basic wound care for minor flesh wounds, including the  applica-
    12  tion of antibacterial and hygienic solutions.
    13    §  8862. Limited-scope wound care specialist certification program. 1.
    14  The department shall establish a certification program for limited-scope
    15  wound care specialists, which shall be modeled after existing cardiopul-
    16  monary resuscitation (CPR) programs. Such program shall be open  to  all
    17  individuals   affiliated  with  a  recognized  non-profit  organization,
    18  provided such individuals meet the educational and training requirements
    19  under this section.
    20    2. To qualify for certification under this section,  applicants  shall
    21  complete  a training course approved by the department, in collaboration
    22  with the department of health, which shall include:
    23    (a) A minimum of one hundred hours of instruction on wound care  prin-
    24  ciples,  including the cleaning, dressing, and monitoring of minor flesh
    25  wounds;
    26    (b) Instruction on the proper application of antibacterial and hygien-
    27  ic solutions to prevent infection;
    28    (c) Instruction on recognizing when a  wound  requires  escalation  to
    29  professional medical care; and
    30    (d) A hands-on practical assessment to demonstrate competency in wound
    31  care techniques, including the application of antibacterial and hygienic
    32  solutions.
    33    3.  (a)  Upon successful completion of the training course established
    34  under subdivision two of this section, applicants shall pass  a  written
    35  and  practical  examination, developed by the department, to demonstrate
    36  knowledge and skill in administering wound care.  Individuals  who  pass
    37  such  examination  shall be issued a limited-scope wound care specialist
    38  certification. Such certification shall be valid for  a  period  of  two
    39  years and may be renewed pursuant to paragraph (b) of this subdivision.
    40    (b)  The  department  shall  establish  refresher  courses to maintain
    41  competency in wound care, and minimum refresher course requirements  for
    42  renewal of the certification issued under this subdivision.
    43    4.  Certification  as  a  limited-scope wound care specialist shall be
    44  strictly limited to individuals working with or volunteering for  recog-
    45  nized non-profit organizations.
    46    §  8863.  Scope  of  practice. 1. Certification of limited-scope wound
    47  care specialists under this article shall be limited  to  the  care  and
    48  management of minor flesh wounds, including the cleaning and dressing of
    49  wounds  and application of antibacterial and hygienic solutions.  Certi-
    50  fied limited-scope wound care specialists shall  not  be  authorized  to
    51  provide care for wounds that:
    52    (a) Involve deeper tissues such as muscles, tendons, or bones;
    53    (b) Are severely contaminated or infected; or
    54    (c) Require sutures or other advanced medical interventions.
    55    2.  Certification  as  a limited-scope wound care specialist shall not
    56  authorize an individual to provide wound care in hospitals, urgent  care

        A. 3977                             3
 
     1  centers,  or  other medical establishments, including but not limited to
     2  nursing homes and clinics.
     3    3.  Certification  as  a  limited-scope  wound  care specialist is not
     4  intended to replace professional wound care certification  or  licensure
     5  required  for  healthcare  professionals  such  as  nurses, nor shall it
     6  preclude a licensed nurse or other healthcare professional from  acquir-
     7  ing additional wound care certification.
     8    §  8864.  Immunity  from  liability.  Individuals certified under this
     9  article, and the non-profit organizations with  which  such  individuals
    10  are  affiliated, shall be granted immunity from civil liability for acts
    11  or omissions during the administration of wound care, provided that such
    12  care is rendered in good faith and in accordance with the scope of their
    13  certification. Such immunity shall not apply in cases  of  gross  negli-
    14  gence or willful misconduct.
    15    § 8865. Enforcement and regulation. 1. The department shall promulgate
    16  rules  and regulations necessary to implement and enforce the provisions
    17  of this article.
    18    2. The department shall oversee the approval of training programs  and
    19  certification examinations to ensure they meet the standards outlined in
    20  this article.
    21    §  3. This act shall take effect on the first of January next succeed-
    22  ing the date upon which it shall have become a law. Effective immediate-
    23  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    24  necessary  for  the implementation of this act on its effective date are
    25  authorized to be made and completed on or before such effective date.
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