New York State Assembly

 
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A03705 Summary:

A03705 Actions:

A03705 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:05/21/2019AYE/NAY:19/7  Action: Favorable         
Gottfried
Aye
Raia
Nay
Schimminger
Aye
McDonough
Nay
Galef
Aye
Ra
Nay
Dinowitz
Aye
Garbarino
Nay
Cahill
Aye
Byrne
Nay
Paulin
Aye
Byrnes
Nay
Cymbrowitz
Aye
Ashby
Nay
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Aye
Barron
Aye
Sayegh
Aye

A03705 Floor Votes:

A03705 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3705--B
                                                                Cal. No. 152
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2019
                                       ___________
 
        Introduced  by  M. of A. GUNTHER, WOERNER, SANTABARBARA, LAVINE, TAYLOR,
          L. ROSENTHAL, ABINANTI, BRABENEC, D'URSO -- read once and referred  to
          the Committee on Health -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee -- ordered to a
          third  reading,  amended and ordered reprinted, retaining its place on
          the order of third reading
 
        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  2828 to read as follows:
     3    § 2828. 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01629-04-0
        A. 3705--B                          2
 
     1    (b) provides evidence that  such  person  was  employed  or  otherwise
     2  contracted  for  the services as an infection preventionist in a general
     3  hospital for a cumulative period of  one  year,  occurring  within  four
     4  years immediately prior to the effective date of this section. In furth-
     5  erance  of  this  paragraph, any contractor or employer of persons func-
     6  tioning as an infection preventionist on  the  effective  date  of  this
     7  section  shall  confirm in writing to each employee or contractor his or
     8  her employment in a capacity functioning as an  infection  preventionist
     9  in a general hospital as of the effective date of this section; or
    10    (c)  is  a  student or intern performing the functions of an infection
    11  preventionist if such student or intern is under the direct  supervision
    12  of an appropriately certified infection preventionist and is functioning
    13  within the scope of the student's or intern's training.
    14    3.  An  infection  preventionist who does not meet the requirements of
    15  paragraph (b) of subdivision two of this section shall  have  thirty-six
    16  months  from  the  date  of  hire  to obtain the infection preventionist
    17  credential outlined in paragraph (a) of subdivision two of this section.
    18    4. A general hospital may employ or otherwise contract with  a  person
    19  who does not meet the certification requirements required above to func-
    20  tion as an infection preventionist in a general hospital if:
    21    (a) after a diligent and thorough effort has been made, if such gener-
    22  al  hospital is unable to employ or contract with a sufficient number of
    23  qualified infection preventionists who meet  the  requirements  of  this
    24  section;
    25    (b)  such  general  hospital makes a written record of its efforts and
    26  retains such record at the general hospital; and
    27    (c) the person obtains a credential as outlined in  paragraph  (a)  of
    28  subdivision  two  of  this  section,  within three years of the start of
    29  employment or contracting for the performance of  infection  prevention-
    30  ists duties.
    31    5.  A  general  hospital  that  employs or contracts with an infection
    32  preventionist shall, upon request of another general hospital,  or  upon
    33  request  of an infection preventionist employed by, formerly employed by
    34  or contracted to perform as an infection preventionist at  such  general
    35  hospital, verify the dates of employment or contract of such person.
    36    6.  Nothing  in  this  section  shall  prohibit  any professional from
    37  performing an infection  preventionists'  tasks  or  functions  if  such
    38  person  is  acting  within  the scope of his or her practice. Nothing in
    39  this section shall authorize any individual  not  licensed  pursuant  to
    40  title  eight  of  the education law to perform tasks or functions within
    41  the scope of practice of a professional under such title.
    42    7. The commissioner shall promulgate regulations as he or she may deem
    43  appropriate to effectuate the purposes of this section.
    44    § 2. This act shall take effect on the first of January next  succeed-
    45  ing the date upon which it shall have become a law.