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A08435 Summary:

BILL NOA08435
 
SAME ASSAME AS S06731
 
SPONSORForrest
 
COSPNSRWoerner, Santabarbara, Taylor, Rosenthal, Brabenec, Hevesi, Braunstein, Reyes, Buttenschon, Sayegh
 
MLTSPNSR
 
Add §2832, Pub Health L
 
Provides for the designation by a general hospital of persons to identify infectious disease processes, conduct surveillance and epidemiologic investigations, and develop plans to prevent and control the transmission of infectious agents within general hospitals.
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A08435 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8435
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 16, 2025
                                       ___________
 
        Introduced  by  M.  of A. FORREST, WOERNER, SANTABARBARA, TAYLOR, ROSEN-
          THAL, BRABENEC, HEVESI, BRAUNSTEIN, REYES, BUTTENSCHON, SAYEGH -- read
          once and referred to the Committee on Health
 
        AN ACT to amend the public health law, in relation to the employment  of
          persons  to  function  as  infection preventionists in certain general
          hospitals

          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 section
     2  2832 to read as follows:
     3    § 2832. Infection preventionists. 1. For the purposes of this section,
     4  the terms:
     5    (a) "infection preventionist" shall mean  a  person  designated  by  a
     6  general  hospital  to  identify  infectious  disease  processes, conduct
     7  surveillance and epidemiologic  investigations,  and  develop  plans  to
     8  prevent and control the transmission of infectious agents within general
     9  hospitals.
    10    (b)  "professional" shall mean a person licensed or certified pursuant
    11  to title eight of the education law.
    12    2. A person shall not function as  an  infection  preventionist  in  a
    13  general  hospital  and  a general hospital shall not employ or otherwise
    14  contract for the services of  an  infection  preventionist  unless  such
    15  person meets one of the following:
    16    (a)  (i)  has successfully passed an exam from a nationally accredited
    17  infection prevention and epidemiology accrediting organization; and (ii)
    18  holds and maintains certification in infection  prevention  and  control
    19  from  a  nationally  accredited  infection  prevention  and epidemiology
    20  certification organization; or
    21    (b) provides evidence that  such  person  was  employed  or  otherwise
    22  contracted  for  the services as an infection preventionist in a general
    23  hospital for a cumulative period of  one  year,  occurring  within  four
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11240-01-5

        A. 8435                             2
 
     1  years immediately prior to the effective date of this section. In furth-
     2  erance  of  this  paragraph, any contractor or employer of persons func-
     3  tioning as an infection preventionist on  the  effective  date  of  this
     4  section  shall  confirm  in writing to each employee or contractor their
     5  employment in a capacity functioning as an infection preventionist in  a
     6  general hospital as of the effective date of this section; or
     7    (c)  is  a  student or intern performing the functions of an infection
     8  preventionist if such student or intern is under the direct  supervision
     9  of an appropriately certified infection preventionist and is functioning
    10  within the scope of the student's or intern's training.
    11    3.  An  infection  preventionist who does not meet the requirements of
    12  paragraph (b) of subdivision two of this section shall  have  thirty-six
    13  months  from  the  date  of  hire  to obtain the infection preventionist
    14  credential outlined in paragraph (a) of subdivision two of this section.
    15    4. A general hospital may employ or otherwise contract with  a  person
    16  who does not meet the certification requirements required above to func-
    17  tion as an infection preventionist in a general hospital if:
    18    (a) after a diligent and thorough effort has been made, if such gener-
    19  al  hospital is unable to employ or contract with a sufficient number of
    20  qualified infection preventionists who meet  the  requirements  of  this
    21  section;
    22    (b)  such  general  hospital makes a written record of its efforts and
    23  retains such record at the general hospital; and
    24    (c) the person obtains a credential as outlined in  paragraph  (a)  of
    25  subdivision  two  of  this  section,  within three years of the start of
    26  employment or contracting for the performance of  infection  prevention-
    27  ists duties.
    28    5.  A  general  hospital  that  employs or contracts with an infection
    29  preventionist shall, upon request of another general hospital,  or  upon
    30  request  of an infection preventionist employed by, formerly employed by
    31  or contracted to perform as an infection preventionist at  such  general
    32  hospital, verify the dates of employment or contract of such person.
    33    6.  Nothing  in  this  section  shall  prohibit  any professional from
    34  performing an infection  preventionists'  tasks  or  functions  if  such
    35  person  is  acting  within  the scope of their practice. Nothing in this
    36  section shall authorize any individual not licensed  pursuant  to  title
    37  eight  of  the  education  law  to perform tasks or functions within the
    38  scope of practice of a professional under such title.
    39    7. The commissioner shall promulgate  regulations  as  they  may  deem
    40  appropriate to effectuate the purposes of this section.
    41    §  2. This act shall take effect on the first of January next succeed-
    42  ing the date upon which it shall have become a law.
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