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A08620 Summary:

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A08620 Floor Votes:

A08620 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8620--C
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 21, 2011
                                       ___________
 
        Introduced by M. of A. BRONSON, GUNTHER -- read once and referred to the
          Committee on Higher Education -- recommitted to the Committee on High-
          er  Education  in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-

          ments,  ordered reprinted as amended and recommitted to said committee
          -- reported and referred to the Committee on Rules -- Rules  Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to the Committee on Rules
 
        AN  ACT to amend the public health law, in relation to the employment of
          persons to function as central service technicians in certain  health-
          care facilities
 
          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  article
     2  49-A to read as follows:
     3                                ARTICLE 49-A
     4                         CENTRAL SERVICE TECHNICIANS
     5  Section 4920. Central service technicians.

     6    § 4920. Central  service  technicians.    1.  For the purposes of this
     7  section, the terms:
     8    (a) "central service technician" shall mean a person who provides  the
     9  services  of decontamination, preparation, packaging, sterilization, and
    10  storage and distribution of reusable medical instrumentation or  devices
    11  in  healthcare  facilities  other  than in the course of practicing as a
    12  healthcare professional.
    13    (b) "healthcare facility" shall  mean  a  hospital  or  an  ambulatory
    14  surgical  center  as defined in article twenty-eight of this chapter and
    15  subject to the oversight and regulation of the department.
    16    (c) "healthcare professional" shall mean a person licensed  or  certi-

    17  fied pursuant to title eight of the education law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09343-12-2
        A. 8620--C                          2
 
     1    2.  A  person  shall not function as a central service technician in a
     2  healthcare facility and a healthcare facility shall not employ or other-
     3  wise contract for the services of a central  service  technician  unless
     4  the person meets one of the following:
     5    (a) Holds and maintains the certified registered central service tech-
     6  nician  credential  administered  by  the  International  Association of

     7  Healthcare Central Service Materiel Management (IAHCSMM) or  the  Certi-
     8  fied  Sterile Processing and Distribution Technician credential adminis-
     9  tered by the Certification Board for  Sterile  Processing  and  Distrib-
    10  ution,  Inc.  (CBSPD)  or another credentialing agency acceptable to the
    11  commissioner; or
    12    (b) Provides evidence  that  the  person  was  employed  or  otherwise
    13  contracted for the services as a central service technician in a health-
    14  care  facility on or in the two years immediately prior to the effective
    15  date of this section. In furtherance of this paragraph,  any  contractor
    16  or  employer  of  persons functioning as a central service technician on
    17  the effective date of this section shall  confirm  in  writing  to  such

    18  employee  or  contractor his or her employment in a capacity functioning
    19  as a central service technician in  a  healthcare  facility  as  of  the
    20  effective date of this section; or
    21    (c)  Is  a  student  or  intern  performing the functions of a central
    22  service technician if the student or intern is under the  direct  super-
    23  vision of an appropriately licensed or certified healthcare professional
    24  and  is functioning within the scope of the student's or intern's train-
    25  ing.
    26    3.  A central service technician that does not meet  the  requirements
    27  of  paragraph  (b)  of subdivision two of this section shall have twelve
    28  months from the date of hire to obtain the certified registered  central

    29  service  technician  credential  or the certified sterile processing and
    30  distribution technician credential.
    31    4. A person who qualifies to function as a central service  technician
    32  in a healthcare facility under paragraphs (a) and (b) of subdivision two
    33  of this section must annually complete ten hours of continuing education
    34  credits to remain qualified to function as a central service technician.
    35    5.   A central service technician shall document in writing good cause
    36  that prevents compliance with the continuing  education  requirement  as
    37  prescribed  in subdivision four of this section, which shall include any
    38  of the following reasons: a medical condition which requires an extended

    39  leave of absence and is documented by an appropriate healthcare  profes-
    40  sional  or  extended  active  duty  with  the armed forces of the United
    41  States. If one of these conditions is met, an extension to  meeting  the
    42  continuing  education  requirement, as prescribed in subdivision four of
    43  this section, may be made by:
    44    (a) International Association of Central Service  Materiel  Management
    45  or Certification Board for Sterile Processing and Distribution, Inc. for
    46  a  central  service technician under paragraph (a) of subdivision two of
    47  this section; or
    48    (b) A healthcare facility for a central service technician under para-
    49  graph (b) of subdivision two of this section.

    50    If an  extension  is  granted,  a  central  service  technician  shall
    51  complete  all  past  due continuing education requirements within ninety
    52  days upon resolution of a medical condition or extended active duty with
    53  the armed forces of the United States.
    54    6.  A health care facility who employs or  contracts  with  a  central
    55  service  technician  shall  upon request of a central service technician
    56  employed by, formerly employed by or contracted to perform as a  central
        A. 8620--C                          3
 
     1  service  technician  at  the  health  care facility, verify the dates of
     2  employment or contract of such person.  There shall be working relation-

     3  ships among medical staff, nursing staff and central service  technician
     4  to assure that all patient care needs are met.
     5    7.  Nothing in this section shall prohibit any healthcare professional
     6  from performing central service technicians' tasks or functions  if  the
     7  person  is  acting  within  the scope of his or her practice. Nothing in
     8  this section shall mean that any individual  not  licensed  pursuant  to
     9  title  eight of the education law may perform tasks or functions limited
    10  to the scope of practice of a healthcare professional under such title.
    11    8. The department shall enforce the  provisions  of  this  section  in
    12  accordance with section twenty-eight hundred three of this chapter.

    13    9.  The  commissioner  shall  make, adopt, promulgate and enforce such
    14  rules and regulations as he or she may deem  appropriate  to  effectuate
    15  the purposes of this section.
    16    §  2.  This  act  shall take effect on the sixtieth day after it shall
    17  have become a law.