New York State Assembly

 
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A05406 Summary:

A05406 Actions:

A05406 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:05/16/2023AYE/NAY:26/0  Action: Favorable refer to committee Rules        
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Byrnes
Aye
Gunther
Aye
Gandolfo
Aye
Rosenthal L 
Aye
Mikulin
Aye
Hevesi
Aye
Blumencranz
Aye
Steck
Aye
Bendett
Aye
Braunstein
Aye
Gray
Aye
Solages
Aye
McGowan
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Rosenthal D 
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/17/2023AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A05406 Floor Votes:

A05406 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5406
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2023
                                       ___________
 
        Introduced by M. of A. GUNTHER, WOERNER, SANTABARBARA, TAYLOR, L. 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  2831 to read as follows:
     3    § 2831. 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.
                                                                   LBD07368-01-3
        A. 5406                             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 his or
     5  her employment in a capacity functioning as an  infection  preventionist
     6  in a 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 his or her practice. Nothing in
    36  this section shall authorize any individual  not  licensed  pursuant  to
    37  title  eight  of  the education law to perform tasks or functions within
    38  the scope of practice of a professional under such title.
    39    7. The commissioner shall promulgate regulations as he or she 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.