S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5417

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, FIELDS, BENJAMIN, EDDINGTON -- read
  once and referred  to  the  Committee  on  Economic  Development,  Job
  Creation, Commerce and Industry

AN  ACT  to  amend  the  general  business law, in relation to requiring
  master plumbers engaged in the installation, repair or maintenance  of
  medical gas piping or engaged in the instruction to be licensed by the
  department of state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
28-F to read as follows:
                              ARTICLE 28-F
                           MEDICAL GAS PIPING
SECTION 491. DEFINITIONS.
        492. LICENSE REQUIRED.
        493. POWERS OF THE SECRETARY OF STATE.
        494. LICENSE; MEDICAL GAS PIPING INSTALLATION AND MAINTENANCE.
        495. LICENSE; MEDICAL GAS PIPING INSTRUCTION.
        496. VIOLATIONS.
        497. TRANSITION PROVISIONS.
  S 491. DEFINITIONS. AS  USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
REQUIRES OTHERWISE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  2.  "MEDICAL  GAS  PIPING"  MEANS MEDICAL GAS PIPING WITHIN ANY HEALTH
CARE FACILITY LICENSED PURSUANT TO THE PUBLIC HEALTH  LAW,  AND  LOCATED
AFTER THE SOURCE VALVE AND INTENDED FOR PATIENT USE.
  3. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S  492.  LICENSE  REQUIRED. 1. NO PERSON SHALL ENGAGE IN THE INSTALLA-
TION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING UNLESS HE
OR SHE HAS BEEN ISSUED A LICENSE THEREFOR PURSUANT TO THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06734-01-9

              

A. 5417                             2

  2. NO PERSON SHALL PROVIDE  INSTRUCTION  REGARDING  THE  INSTALLATION,
IMPROVEMENT,  REPAIR  OR  MAINTENANCE OF MEDICAL GAS PIPING UNLESS HE OR
SHE HAS BEEN ISSUED A LICENSE THEREFOR PURSUANT TO THIS ARTICLE.
  S 493. POWERS OF THE SECRETARY OF STATE. IN ADDITION TO THE POWERS AND
DUTIES  PROVIDED ELSEWHERE IN THIS ARTICLE, THE SECRETARY SHALL HAVE THE
POWER TO:
  1. APPOINT A SUFFICIENT NUMBER OF  ASSISTANTS,  INSPECTORS  AND  OTHER
EMPLOYEES  AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE AND TO PRESCRIBE THEIR DUTIES;
  2. EXAMINE THE QUALIFICATIONS AND FITNESS OF APPLICANTS  FOR  LICENSES
AND PROSPECTIVE APPLICANTS THEREFOR;
  3.  KEEP  RECORDS  OF  ALL  LICENSES ISSUED, SUSPENDED OR REVOKED, AND
ORDERS DIRECTING THE CESSATION OF UNLICENSED ACTIVITIES; AND
  4. ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY  TO  IMPLEMENT
THE PROVISIONS OF THIS ARTICLE.
  S  494.  LICENSE; MEDICAL GAS PIPING INSTALLATION AND MAINTENANCE.  1.
EVERY PERSON TO ENGAGE IN THE INSTALLATION, IMPROVEMENT, REPAIR OR MAIN-
TENANCE OF MEDICAL GAS PIPING SHALL MAKE APPLICATION  TO  THE  SECRETARY
FOR  A  LICENSE THEREFOR. SUCH APPLICATION SHALL BE IN A FORM AND MANNER
PRESCRIBED BY THE SECRETARY AND SHALL CONTAIN SUCH  INFORMATION  AS,  IN
THE  SECRETARY'S  JUDGMENT, IS REASONABLE AND NECESSARY TO DETERMINE THE
QUALIFICATION AND FITNESS FOR LICENSING OF THE APPLICANT.
  2. EVERY APPLICANT FOR  A  LICENSE  TO  ENGAGE  IN  THE  INSTALLATION,
IMPROVEMENT,  REPAIR  OR  MAINTENANCE  OF MEDICAL GAS PIPING SHALL BE OF
GOOD MORAL CHARACTER AND SHALL PROVIDE EVIDENCE TO THE SECRETARY THAT HE
OR SHE:
  A. (1) IS A MASTER PLUMBER, OR A JOURNEYMAN PLUMBER WHO  HAS  SUCCESS-
FULLY COMPLETED AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE
FEDERAL DEPARTMENT OF LABOR,
  (2)  IS  AN APPRENTICE PLUMBER WHO HAS SUCCESSFULLY COMPLETED NOT LESS
THAN THREE YEARS OF AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY
THE FEDERAL DEPARTMENT OF LABOR,
  (3) IS A PIPE FITTER OR STEAM FITTER EMPLOYED BY A  PLUMBING  CONTRAC-
TOR, OR
  (4)  IS  CERTIFIED  IN HIS OR HER AREA OF EXPERTISE IN ACCORDANCE WITH
THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS;
  B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN THIRTY-TWO HOURS OF CLASS-
ROOM TRAINING RELATING TO THE MOST RECENT EDITION OF THE STANDARD ON GAS
AND VACUUM SYSTEMS ISSUED BY THE NATIONAL FIRE  PROTECTION  ASSOCIATION;
AND
  C.  (1)  HAS  PASSED AN EXAMINATION OFFERED BY THE NATIONAL INSPECTION
TESTING AND CERTIFICATION CORPORATION OR  ANY  SUBSTANTIALLY  EQUIVALENT
EXAMINATION APPROVED BY THE SECRETARY, THAT DEMONSTRATES THE APPLICANT'S
COMPETENCE TO INSTALL, IMPROVE, REPAIR OR MAINTAIN MEDICAL GAS PIPING,
  (2)  HAS  PASSED  AN  EXAMINATION  AS A BRAZER OFFERED BY THE AMERICAN
WELDING SOCIETY, AND HAS SUCCESSFULLY COMPLETED A  TRAINING  PROGRAM  IN
THE  INSTALLATION  OF MEDICAL GAS PIPING APPROVED BY A MAJOR MEDICAL GAS
PRODUCER, OR
  (3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE  AMERICAN  SOCIETY
OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS TO BE PERFORMED.
  3.  ANY  PERSON  WHO  WILL  ENGAGE  ONLY  IN BRAZING INCIDENTAL TO THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL  GAS  PIPING
SHALL  BE LICENSED BY THE DEPARTMENT IF HE OR SHE IS OF GOOD MORAL CHAR-
ACTER AND PROVIDES EVIDENCE TO THE SECRETARY THAT HE OR SHE:

A. 5417                             3

  A. (1) IS A MASTER PLUMBER, OR A JOURNEYMAN PLUMBER WHO  HAS  SUCCESS-
FULLY COMPLETED AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE
FEDERAL DEPARTMENT OF LABOR,
  (2)  IS  AN APPRENTICE PLUMBER WHO HAS SUCCESSFULLY COMPLETED NOT LESS
THAN THREE YEARS OF AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY
THE FEDERAL DEPARTMENT OF LABOR,
  (3) IS A PIPE FITTER OR STEAM FITTER EMPLOYED BY A  PLUMBING  CONTRAC-
TOR, OR
  (4)  IS  CERTIFIED  IN HIS OR HER AREA OF EXPERTISE IN ACCORDANCE WITH
THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS;
  B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN TWENTY HOURS OF  CLASSROOM
TRAINING  RELATING  TO THE PERFORMANCE OF BRAZING DUTIES REQUIRED IN THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS  PIPING;
AND
  C.(1)  HAS  PASSED  AN  EXAMINATION OFFERED BY THE NATIONAL INSPECTION
TESTING AND CERTIFICATION CORPORATION OR  ANY  SUBSTANTIALLY  EQUIVALENT
EXAMINATION  APPROVED BY THE SECRETARY THAT DEMONSTRATES THE APPLICANT'S
COMPETENCE  IN  PERFORMING  BRAZING  INCIDENTAL  TO  THE   INSTALLATION,
IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING,
  (2)  HAS  PASSED  AN  EXAMINATION  AS A BRAZER OFFERED BY THE AMERICAN
WELDING SOCIETY AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN THE
BRAZING OF MEDICAL GAS PIPING BY A MAJOR MEDICAL GAS PRODUCER, OR
  (3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE  AMERICAN  SOCIETY
OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS TO BE PERFORMED.
  S  495.  LICENSE;  MEDICAL  GAS PIPING INSTRUCTION. 1. EVERY PERSON TO
ENGAGE IN PROVIDING INSTRUCTION REGARDING THE INSTALLATION, IMPROVEMENT,
REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING SHALL  MAKE  APPLICATION  TO
THE  SECRETARY  FOR  A  LICENSE THEREFOR. SUCH APPLICATION SHALL BE IN A
FORM AND MANNER PRESCRIBED BY  THE  SECRETARY  AND  SHALL  CONTAIN  SUCH
INFORMATION AS, IN THE SECRETARY'S JUDGMENT, IS REASONABLE AND NECESSARY
TO  DETERMINE THE QUALIFICATIONS AND FITNESS FOR LICENSING OF THE APPLI-
CANT.
  2. EVERY APPLICANT FOR A LICENSE TO PROVIDE INSTRUCTION REGARDING  THE
INSTALLATION,  IMPROVEMENT,  REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING
SHALL BE OF GOOD MORAL CHARACTER  AND  SHALL  PROVIDE  EVIDENCE  TO  THE
SECRETARY THAT HE OR SHE:
  A.  (1) IS A MASTER PLUMBER OR JOURNEYMAN PLUMBER, OR A PIPE FITTER OR
STEAM FITTER EMPLOYED BY A PLUMBING CONTRACTOR, OR
  (2) HAS BEEN ACTIVELY ENGAGED IN THE PRACTICE  OF  INSTALLING  MEDICAL
GAS  PIPING,  OR IS CERTIFIED IN HIS OR HER AREA OF EXPERTISE IN ACCORD-
ANCE WITH THE NATIONAL FIRE  PROTECTION  ASSOCIATION  STANDARDS  FOR  AT
LEAST  FIVE  CONSECUTIVE  YEARS  PRECEDING THE DATE OF APPLICATION FOR A
LICENSE;
  B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN FORTY  HOURS  OF  INSTRUC-
TIONAL  TRAINING  IN  THE  FIELD  OF  MEDICAL  GAS  PIPING INSTALLATION,
IMPROVEMENT, REPAIR AND MAINTENANCE AS APPROVED BY THE SECRETARY; AND
  C.(1) HAS PASSED AN EXAMINATION OFFERED  BY  THE  NATIONAL  INSPECTION
TESTING  AND  CERTIFICATION  CORPORATION OR ANY SUBSTANTIALLY EQUIVALENT
EXAMINATION APPROVED BY THE SECRETARY THAT DEMONSTRATES THE  APPLICANT'S
COMPETENCE  TO  TEACH  IN  THE FIELD OF MEDICAL GAS PIPING INSTALLATION,
IMPROVEMENT, REPAIR AND MAINTENANCE,
  (2) HAS PASSED AN EXAMINATION AS A  BRAZER  OFFERED  BY  THE  AMERICAN
WELDING  SOCIETY  AND  HAS  SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN
INSTRUCTIONAL TRAINING APPROVED BY A MAJOR MEDICAL GAS PRODUCER, OR
  (3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE  AMERICAN  SOCIETY
OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS BEING PERFORMED.

A. 5417                             4

  S  496.  VIOLATIONS.  THE DEPARTMENT SHALL HAVE THE POWER TO REVOKE OR
SUSPEND ANY LICENSE, OR IN LIEU THEREOF TO IMPOSE A FINE  NOT  EXCEEDING
ONE  THOUSAND DOLLARS PAYABLE TO THE DEPARTMENT, OR REPRIMAND ANY LICEN-
SEE OR DENY ANY APPLICATION FOR A LICENSE OR RENEWAL THEREOF UPON PROOF:
  1.  THAT  THE APPLICANT OR LICENSEE HAS VIOLATED ANY OF THE PROVISIONS
OF THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO;
  2. THAT THE APPLICANT OR  LICENSEE  HAS  PRACTICED  FRAUD,  DECEIT  OR
MISREPRESENTATION;
  3.  THAT THE APPLICANT OR LICENSEE HAS MADE A MATERIAL MISSTATEMENT IN
THE APPLICATION FOR OR RENEWAL OF HIS OR HER LICENSE; OR
  4. THAT THE APPLICANT OR LICENSEE  HAS  DEMONSTRATED  INCOMPETENCE  OR
UNTRUSTWORTHINESS IN HIS OTHER ACTIONS.
  S  497.  TRANSITION  PROVISIONS.  1. ANY PERSON WHO HAS ENGAGED IN THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL  GAS  PIPING
FOR NOT LESS THAN THREE CONSECUTIVE YEARS PRIOR TO THE EFFECTIVE DATE OF
THIS   ARTICLE   MAY  BE  LICENSED  PURSUANT  TO  SECTION  FOUR  HUNDRED
NINETY-FOUR OF THIS ARTICLE IF SUCH PERSON HAS MET THE  REQUIREMENTS  OF
PARAGRAPH  C  OF SUBDIVISION TWO OF SUCH SECTION WITHIN TWO YEARS OF THE
EFFECTIVE DATE OF THIS ARTICLE.
  2. ANY PERSON WHO HAS  ENGAGED  ONLY  IN  BRAZING  INCIDENTAL  TO  THE
INSTALLATION,  IMPROVEMENT,  REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING
FOR NOT LESS THAN THREE CONSECUTIVE YEARS PRECEDING THE  EFFECTIVE  DATE
OF THIS ARTICLE MAY BE LICENSED PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR  HUNDRED  NINETY-FOUR  OF  THIS  ARTICLE IF SUCH PERSON HAS MET THE
REQUIREMENTS OF PARAGRAPH C OF SUCH SUBDIVISION WITHIN TWO YEARS OF  THE
EFFECTIVE DATE OF THIS ARTICLE.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.