Relates to persons designated by a general hospital 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.
STATE OF NEW YORK
________________________________________________________________________
8185--A
Cal. No. 1502
IN SENATE
April 16, 2018
___________
Introduced by Sens. FUNKE, ROBACH, SEPULVEDA -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report
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 2827 to read as follows:
3 § 2827. 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) "healthcare professional" shall mean a person licensed or certi-
11 fied pursuant 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 such as
18 the certification board of infection control and epidemiology, inc.; and
19 (ii) holds and maintains certification in infection prevention and
20 control (CIC); 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
24 years immediately prior to the effective date of this section. In furth-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15185-02-8
S. 8185--A 2
1 erance of this paragraph, any contractor or employer of persons func-
2 tioning as an infection preventionist on the effective date of this
3 section shall confirm in writing to each employee or contractor his or
4 her employment in a capacity functioning as an infection preventionist
5 in a general hospital as of the effective date of this section; or
6 (c) is a student or intern performing the functions of an infection
7 preventionist if such student or intern is under the direct supervision
8 of an appropriately licensed or certified healthcare professional and is
9 functioning within the scope of the student's or intern's training.
10 3. An infection preventionist who does not meet the requirements of
11 paragraph (b) of subdivision two of this section shall have thirty-six
12 months from the date of hire to obtain the infection preventionist
13 credential outlined in paragraph (a) of subdivision two of this section.
14 4. A general hospital may employ or otherwise contract with a person
15 who does not meet the certification requirements required above to func-
16 tion as an infection preventionist in a general hospital if:
17 (a) after a diligent and thorough effort has been made, if such gener-
18 al hospital is unable to employ or contract with a sufficient number of
19 qualified infection preventionists who meet the requirements of this
20 section;
21 (b) such general hospital makes a written record of its efforts and
22 retains such record at the general hospital; and
23 (c) the person obtains a CIC credential as outlined in paragraph (a)
24 of subdivision two of this section, within three years of the start of
25 employment or contracting for the performance of infection prevention-
26 ists duties.
27 5. A general hospital that employs or contracts with an infection
28 preventionist shall, upon request of another general hospital, or upon
29 request of an infection preventionist employed by, formerly employed by
30 or contracted to perform as an infection preventionist at such general
31 hospital, verify the dates of employment or contract of such person.
32 6. Nothing in this section shall prohibit any healthcare professional
33 from performing an infection preventionists' tasks or functions if such
34 person is acting within the scope of his or her practice. Nothing in
35 this section shall mean that any individual not licensed pursuant to
36 title eight of the education law may perform tasks or functions limited
37 to the scope of practice of a healthcare professional under such title.
38 7. The commissioner shall promulgate regulations as he or she may deem
39 appropriate to effectuate the purposes of this section.
40 § 2. This act shall take effect on the first of January next succeed-
41 ing the date upon which it shall have become a law.
