senate Bill S2376

Establishes the health care practitioner hygienic dress code program within the department of health to address clothing and jewelry that may cause infections

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 14 / Jan / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Establishes the health care practitioner hygienic dress code program within the department of health to address clothing, jewelry and identification tags worn by health care professionals that may cause infection, disease and bacteria in patients, visitors and the general public.

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Bill Details

See Assembly Version of this Bill:
A402
Versions:
S2376
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 2 Title 6 §266, Pub Health L; amd §6507, Ed L; amd §§2343, 3436 & 5505, Ins L
Versions Introduced in 2011-2012 Legislative Cycle:
S4909B, A7845C, S4909B

Sponsor Memo

BILL NUMBER:S2376

TITLE OF BILL: An act to amend the public health law, the education
law and the insurance law, in relation to establishing a health care
practitioner hygienic dress code; and providing for the repeal of
certain provisions upon expiration thereof

PURPOSE: The purpose of this bill is to help reduce the rate of
practitioner and patient injury due to the inadvertent spread of
infections, bacteria, and diseases due to cross-infections via clothes
and other items. Further, it is to help reduce the rising cost of
medical malpractice insurance faced by health care practitioners due
to the increased damages from injuries caused by such infections.

SUMMARY OF PROVISIONS:

Section 1: Amends Article 2 of the Public Health Law by adding new
title 6, "Health Care Practitioner Hygienic Dress Code." This section
creates a State health care practitioner hygienic dress code council
comprised of twenty-five members appointed by the commissioner of
health with the advice of the commissioner of education and financial
services. This council is to advise the health and education
commissioners on (i) the best practices for mitigating and eliminating
the spread of disease among the health-care practitioner community and
to their patients via garments and accessories, (ii) the promotion of
better coordinated interdisciplinary policies to ensure hygienic
practices, (iii) establish materials and curricula to be used in
continuing education programs related to hygienic dress codes.

This council also may provide guidance to practitioners and health
care facilities on the best practices to mitigate and eliminate the
spread of infection and disease by vectors related to health care
practitioners' clothes and identification tags. The council should
examine and consider the adoption of rules and regulations including
education and instruction to patients and practitioners, provision of
clean scrubs and uniforms, implementation of best-practices dress
codes, and prohibition of wearing clothing worn during treatment
outside of the health care facility.

This section also creates Health care practitioner hygienic resource
centers as the commissioner may designate. These centers shall act as
a source of support and information for practitioners in the area of
sanitary and hygienic conditions for patient treatment. These centers
may be contracted for with not-for-profit organizations at the
discretion of the Health Department and with the council's
consultation.

The council, in consultation with the health and education
departments, as well as practitioner professional organizations, is to
develop course materials on sanitary dress code policies and practices
and, within two years, make recommendations for inclusions into the
continuing education curriculum of such policies or practices.

Lastly, every other year, the council shall submit a report on
activities or accomplishments on sanitary and hygienic conditions


recommended by the council in health care facilities, including
legislative proposals.

Section 2: Amends section 6507 of the education law and adds new
paragraph d to subdivision 3. It establishes standards for continuing
education for health care practitioners on the best practices and
approaches for mitigating and eliminating the spread of disease by
health care practitioners by implementing to the extent practicable
the recommendations of the state health care practitioner hygienic
dress code council.

Section 3: Amends 2343 of the insurance law by adding subsection (f)
which instructs the superintendent to approve and implement programs
to encourage health care facilities and practitioners to adopt
hygienic dress codes to obtain better or cheaper medical malpractice
coverage. Such programs can include enhanced coverage levels, lower
deductibles, or an actuarially appropriate premium reduction for
facilities and health care providers which have implemented a
successful practitioner dress code.

Section 4: Amends 3436 of the insurance law by adding subsection (f)
to chapter 266 which instructs insurers to provide for actuarially
appropriate premium reductions or other medical malpractice insurance
enhancements such as enhanced coverage levels and lower deductibles
for health care providers and facilities which implement a successful
practitioner dress code.

Section 5: Amends section 5505 of the insurance law by adding
subsection e which provides for an actuarially appropriate premium
discounts or other medical malpractice insurance enhancements such as
enhanced coverage levels and lower deductibles by the association for
facilities and practitioners which implement a successful practitioner
dress code.

Section 6: This act is effective on the first on January next
succeeding date on which is shall have become law and section one
expires January 1, 2023.

JUSTIFICATION: Approaches to improve patient and practitioner safety
have been increasingly researched for curtailing medical malpractice
liability costs. Addressing the issue of costs through the lens of
infection rates not only is a viable method of combating an underlying
cause of increases, but also enhances practitioner and patient safety.

New York is facing a crisis with regard to the availability and
affordability of medical liability insurance coverage. New York health
care providers pay the highest premium rates in the country for their
medical liability insurance and those rates continue to rise.

Malpractice claims that involve preventable injuries often result in
large jury awards. Information indicates that, rather than increased
frequency of claims, the soaring amount of individual malpractice
awards accounts for increasing malpractice costs. Therefore, it is
logical to reduce, and, when possible, eliminate preventable injuries
to curtail medical malpractice costs and accompanying premium rates.


In a report issued by Senator Klein, it was found that while other
methods and avenues for addressing rising medical malpractice costs
and overall health care costs, such as attempting to cap damages in
medical malpractice suits or other methods of tort reform, there were
other ways to address the underlying causes of increased insurance
rates. Namely, that by addressing some of the underlying causes of
injury rates in patients such as the spread of infections, such as
nosocomial infections like methicillin resistant staphylococcus aureus
(MRSA), that these reduced incidence rates would necessarily reduce
the number of claims and thus the rising costs of medical malpractice
insurance.

One major way of curtailing the number of these infections among
patients and practitioners alike involves avoiding having to treat
drug-resistant afflictions altogether and work to mitigate their
initial spread. That is, mitigating the spread of these infections is
an effective method of Combating them. Thus, as research indicates
that the health care practitioners themselves may be unwitting agents
of these infections, examining how they are being spread and then
addressing that cause may be an effective tool.

Exploring and possibly implementing all or some of a health care
practitioner dress code may lead to fewer injuries to practitioners
and patients as well as lowered insurance premiums. Further, this can
lessen the practice of defensive medicine-that is, care tailored
toward preventing lawsuits and not carefully planned to a patient's
needs which also drives up the cost of care.

PRIOR LEGISLATIVE HISTORY: 2011 - S. 4909, Referred to Finance

FISCAL IMPLICATIONS: This bill is designed to lower rising medical
malpractice costs by targeting some of the underlying causes such as
the spread of several types of infection. Lowering such rates should
also lead to fewer claims and less time in the hospital, thus
alleviating associated health care costs to all parties involved,
including the state.

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become law and section
one of this act shall expire and be deemed repealed January 1, 2023.

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

                                  2376

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

AN  ACT to amend the public health law, the education law and the insur-
  ance law, in relation  to  establishing  a  health  care  practitioner
  hygienic   dress  code;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof

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

  Section  1.  Article 2 of the public health law is amended by adding a
new title 6 to read as follows:
                                 TITLE 6
                    HEALTH CARE PRACTITIONER HYGIENIC
                               DRESS CODE
SECTION 266. HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE.
  S 266. HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE.  1.  DEFINITIONS.
THE  FOLLOWING  WORDS  OR  PHRASES  AS USED IN THIS TITLE SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "CONTINUING EDUCATION"  SHALL  MEAN  ALL  PROFESSIONAL  CONTINUING
EDUCATION  PROGRAMS  REQUIRED  EITHER  BY  STATE LAW, OR BY PROFESSIONAL
ASSOCIATIONS AUTHORIZED BY  THE  EDUCATION  DEPARTMENT  TO  MONITOR  THE
REQUIREMENTS  OF  LICENSURE  OR  CERTIFICATION AND TO CONDUCT CONTINUING
EDUCATION REQUIRED TO BE COMPLETED BY A HEALTH CARE PRACTITIONER.
  (B) "COUNCIL" SHALL MEAN THE STATE HEALTH CARE  PRACTITIONER  HYGIENIC
DRESS CODE COUNCIL ESTABLISHED BY SUBDIVISION TWO OF THIS SECTION.
  (C) "HEALTH CARE FACILITY" SHALL MEAN AND INCLUDE A HOSPITAL AND RESI-
DENTIAL  HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
ONE OF THIS CHAPTER, AND ANY SETTING IN WHICH A HEALTH CARE PRACTITIONER
REGULARLY PRACTICES HIS OR HER PROFESSION.
  (D) "HEALTH CARE PRACTITIONER" SHALL MEAN ANY  PERSON  LICENSED  AS  A
PHYSICIAN  PURSUANT  TO  ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01504-01-3

S. 2376                             2

LAW, PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, NURSE PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THE EDUCATION LAW, OR MIDWIFE PURSUANT TO ARTICLE
ONE HUNDRED FORTY OF THE EDUCATION LAW.
  2. STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL. (A) THE
STATE  HEALTH  CARE  PRACTITIONER  HYGIENIC DRESS CODE COUNCIL IS HEREBY
ESTABLISHED IN THE DEPARTMENT TO  BE  AN  EXPERT  PANEL  TO  ADVISE  THE
COMMISSIONER  AND  THE  COMMISSIONER OF EDUCATION ON: (I) THE BEST PRAC-
TICES RELATED TO MITIGATING  AND  ELIMINATING  THE  SPREAD  OF  DISEASE,
INFECTION  AND  BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN
HEALTH CARE FACILITIES BY MEANS OF THE UNHYGIENIC CLOTHING, JEWELRY  AND
HEALTH CARE FACILITY IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITION-
ERS AND THE CLEANING PERSONNEL OF SUCH FACILITIES, (II) THE PROMOTION OF
BETTER  AND  COORDINATED POLICIES TO ENSURE BETTER HYGIENIC PRACTICES IN
HEALTH CARE FACILITIES, AND  (III)  THE  DEVELOPMENT  OF  GUIDELINES  TO
ASSIST  THE EDUCATION DEPARTMENT IN ESTABLISHING MATERIALS AND CURRICULA
TO BE USED IN PROVIDING CONTINUING EDUCATION  PROGRAMS  TO  HEALTH  CARE
PRACTITIONERS ON THE USE OF A HYGIENIC DRESS CODE TO MINIMIZE THE SPREAD
OF DISEASE, INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL
PUBLIC.
  (B)  THE COUNCIL SHALL BE COMPOSED OF TWENTY-FIVE MEMBERS APPOINTED BY
THE  COMMISSIONER.  THE  COMMISSIONER  SHALL  SEEK  RECOMMENDATIONS  FOR
APPOINTMENTS  FROM  THE COMMISSIONER OF EDUCATION AND THE SUPERINTENDENT
OF FINANCIAL SERVICES. THE  MEMBERSHIP  OF  THE  COUNCIL  SHALL  INCLUDE
REPRESENTATIVES  OF  THE  VARIOUS  PROFESSIONS  WITHIN THE DEFINITION OF
HEALTH CARE PRACTITIONER, THE VARIOUS FACILITIES AND SETTINGS WITHIN THE
DEFINITION OF HEALTH CARE FACILITY, EDUCATORS OF HEALTH CARE PRACTITION-
ERS, CLEANING AND STERILIZATION SERVICES  FOR  HEALTH  CARE  FACILITIES,
PHARMACEUTICAL COMPANIES, AND INSURERS AND CORPORATIONS PROVIDING HEALTH
CARE COVERAGE.  THE CHAIR OF THE COUNCIL SHALL BE A MEMBER THEREOF AS IS
SO DESIGNATED BY THE COMMISSIONER.
  (C) THE MEMBERS OF THE COUNCIL SHALL HAVE EXPERTISE IN THE MAINTENANCE
AND  CREATION  OF  SANITARY  AND HYGIENIC CONDITIONS IN THE TREATMENT OF
PATIENTS BY HEALTH CARE PRACTITIONERS AND IN HEALTH CARE FACILITIES. THE
TERM OF OFFICE OF SUCH MEMBERS SHALL BE FOUR YEARS. THE MEMBERS  OF  THE
COUNCIL  SHALL  RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES IN THE PERFORMANCE OF  THEIR
DUTIES.
  (D)  THE  COUNCIL  SHALL MEET UPON THE CALL OF THE COMMISSIONER OR THE
CHAIR. THE COUNCIL MAY ADOPT REGULATIONS CONSISTENT WITH THIS SECTION.
  (E) THE COMMISSIONER SHALL DESIGNATE SUCH  EMPLOYEE  AND  PROVIDE  FOR
OTHER  RESOURCES  OF  THE  DEPARTMENT  AS MAY BE REASONABLY NECESSARY TO
PROVIDE SUPPORT AND SERVICES FOR THE WORK OF THE COUNCIL.
  (F) THE COUNCIL MAY PROVIDE  TECHNICAL  INFORMATION  AND  GUIDANCE  TO
HEALTH  CARE  PRACTITIONERS AND HEALTH CARE FACILITIES ON THE LATEST AND
BEST PRACTICES AND STRATEGIES RELATED TO MITIGATING AND ELIMINATING  THE
SPREAD OF DISEASE, INFECTION AND BACTERIA DURING THE COURSE OF TREATMENT
OF PATIENTS AS IT RELATES TO THE USE OF HYGIENIC HEALTH CARE PRACTITION-
ER CLOTHING, ATTIRE AND A DRESS CODE.
  3.  POLICIES  TO  BE  CONSIDERED, EXAMINED AND POSSIBLY ADVANCED AFTER
EVIDENCE-BASED REVIEW BY THE COUNCIL. THE  COUNCIL  SHALL  CONSIDER  AND
EXAMINE  THE  FOLLOWING POLICIES AND GUIDELINES IN THE ADOPTION OF RULES
AND REGULATIONS:
  (A) THE PROVISION OF EDUCATION AND INSTRUCTION TO PATIENTS AND  HEALTH
CARE  PRACTITIONERS  ON  HOW  ENHANCED  SANITARY  AND HYGIENIC POLICIES,

S. 2376                             3

INCLUDING THE USE OF HYGIENIC HEALTH CARE PRACTITIONER CLOTHING,  ATTIRE
AND A DRESS CODE, CAN HELP TO REDUCE THE RISK OF CROSS-INFECTION;
  (B) ENCOURAGING HEALTH CARE FACILITIES TO PROVIDE ADEQUATE SUPPLIES OF
CLEAN  SCRUBS, OTHER ARTICLES OF CLOTHING AND HEALTH CARE FACILITY IDEN-
TIFICATION TAGS TO HEALTH CARE PRACTITIONERS TO ENSURE FREQUENT  CHANGES
THEREOF;
  (C)  ENCOURAGING HEALTH CARE FACILITIES TO PROVIDE CHANGING ROOMS, AND
INSTRUCTION ON HOW TO APPROPRIATELY WASH CLOTHING WORN  BY  HEALTH  CARE
PRACTITIONERS;
  (D)  THE  WEARING  OF  PATHOGEN-RESISTANT  SCRUBS AND COATS, APRONS OR
SLIPS MADE OF PLASTIC OR WICKING MATERIALS, AND DOUBLE GLOVES;
  (E) THE ADOPTION OF A PROHIBITION ON THE WEARING OUTSIDE OF  A  HEALTH
CARE  FACILITY  BY  HEALTH  CARE  PRACTITIONERS  OF CLOTHING WORN DURING
TREATMENT OF PATIENTS; AND
  (F)  CONSIDERATION  OF  ALTERATIONS  IN  MEDICAID  AND  PRIVATE  PAYOR
REIMBURSEMENT RATES AND PRACTICES TO ENCOURAGE MORE OPTIMUM SANITARY AND
HYGIENIC CONDITIONS IN HEALTH CARE FACILITIES.
  4. HEALTH CARE PRACTITIONER HYGIENIC RESOURCE CENTERS. THE COMMISSION-
ER,  IN CONSULTATION WITH THE COUNCIL, MAY DESIGNATE A HEALTH CARE PRAC-
TITIONER HYGIENIC RESOURCE CENTER OR CENTERS. SUCH RESOURCE  CENTER  MAY
BE  STATEWIDE  OR  REGIONAL,  AND  SHALL  ACT  AS  A SOURCE OF TECHNICAL
SUPPORT, INFORMATION AND GUIDANCE  FOR  HEALTH  CARE  PRACTITIONERS  AND
HEALTH  CARE FACILITIES ON THE LATEST STRATEGIES AND BEST PRACTICES WITH
REGARD TO ESTABLISHING SANITARY AND HYGIENIC CONDITIONS FOR  THE  TREAT-
MENT  OF PATIENTS. THE DEPARTMENT, IN CONSULTATION WITH THE COUNCIL, MAY
CONTRACT WITH NOT-FOR-PROFIT ORGANIZATIONS OR ASSOCIATIONS TO  ESTABLISH
AND MANAGE SUCH RESOURCE CENTERS. SUCH RESOURCE CENTERS MAY CHARGE A FEE
TO HELP OFFSET THE COST OF PROVIDING SUCH SERVICES.
  5. CONTINUING EDUCATION FOR HEALTH CARE PRACTITIONERS. THE COUNCIL, IN
CONSULTATION  WITH  THE  DEPARTMENT, THE EDUCATION DEPARTMENT AND HEALTH
CARE PRACTITIONER PROFESSIONAL ORGANIZATIONS, SHALL DEVELOP, COMPILE AND
PUBLISH INFORMATION AND COURSE MATERIALS ON SANITARY AND HYGIENIC  PRAC-
TICES  THAT  SHOULD  BE FOLLOWED BY HEALTH CARE PRACTITIONERS AND HEALTH
CARE FACILITIES  TO  MITIGATE  AND  ELIMINATE  THE  SPREAD  OF  DISEASE,
INFECTION  AND  BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC BY
MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE  FACILITY  IDENTIFICATION
TAGS  WORN  BY  HEALTH  CARE PRACTITIONERS AND THE CLEANING PERSONNEL OF
SUCH FACILITIES. IN ADDITION, WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF
THIS  TITLE,  THE  COUNCIL  SHALL  MAKE RECOMMENDATIONS TO THE EDUCATION
DEPARTMENT FOR THE COURSE WORK, TRAINING AND CURRICULUM TO  BE  INCLUDED
IN  THE  CONTINUING  EDUCATION  ON  THE  BEST  PRACTICES, STRATEGIES AND
APPROACHES RELATED TO MITIGATING AND ELIMINATING THE SPREAD OF  DISEASE,
INFECTION  AND  BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN
HEALTH CARE FACILITIES BY MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE
FACILITY IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITIONERS  AND  THE
CLEANING PERSONNEL OF SUCH FACILITIES.
  6.  REPORT.  ON  OR BEFORE MARCH FIRST OF EACH EVEN NUMBERED YEAR, THE
COUNCIL SHALL SUBMIT TO THE GOVERNOR, THE COMMISSIONER, THE COMMISSIONER
OF EDUCATION, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE
ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON HEALTH
A REPORT ON ITS ACTIVITIES AND ACCOMPLISHMENTS PURSUANT TO THIS  ARTICLE
RELATING  TO SANITARY AND HYGIENIC CONDITIONS IN HEALTH CARE FACILITIES.
SUCH REPORT MAY ALSO INCLUDE SUCH  LEGISLATIVE  PROPOSALS  AS  IT  DEEMS
NECESSARY TO MORE EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS TITLE.

S. 2376                             4

  S 2. Paragraphs b and c of subdivision 3 of section 6507 of the educa-
tion law, as added by chapter 987 of the laws of 1971, are amended and a
new paragraph d is added to read as follows:
  b.  Review  qualifications  in connection with licensing requirements;
[and]
  c. Provide for licensing examinations and reexaminations[.]; AND
  D. (I) ESTABLISH STANDARDS FOR CONTINUING EDUCATION  FOR  HEALTH  CARE
PRACTITIONERS  ON  THE BEST PRACTICES, STRATEGIES AND APPROACHES RELATED
TO MITIGATING AND ELIMINATING  THE  SPREAD  OF  DISEASE,  INFECTION  AND
BACTERIA  TO  PATIENTS,  VISITORS  AND THE GENERAL PUBLIC IN HEALTH CARE
FACILITIES BY MEANS OF THE CLOTHING, JEWELRY AND  HEALTH  CARE  FACILITY
IDENTIFICATION  TAGS  WORN BY HEALTH CARE PRACTITIONERS AND THE CLEANING
PERSONNEL OF SUCH FACILITIES.  IN PROMULGATION OF  SUCH  STANDARDS,  THE
DEPARTMENT  AND  THE  APPROPRIATE  BOARD  OF  EACH SUCH PROFESSION SHALL
CONSIDER AND, TO THE EXTENT PRACTICABLE, IMPLEMENT  THE  RECOMMENDATIONS
OF THE STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL.
  (II) FOR THE PURPOSES OF THIS PARAGRAPH:
  (A)  "HEALTH  CARE  FACILITY"  SHALL MEAN AND INCLUDE A HOSPITAL AND A
RESIDENTIAL HEALTH CARE FACILITY  AS  DEFINED  IN  SECTION  TWENTY-EIGHT
HUNDRED  ONE OF THE PUBLIC HEALTH LAW, AND ANY SETTING IN WHICH A HEALTH
CARE PRACTITIONER REGULARLY PRACTICES HIS OR HER PROFESSION.
  (B) "HEALTH CARE PRACTITIONER" SHALL MEAN ANY  PERSON  LICENSED  AS  A
PHYSICIAN  PURSUANT  TO  ARTICLE  ONE  HUNDRED THIRTY-ONE OF THIS TITLE,
PHYSICIAN ASSISTANT OR SPECIALIST  ASSISTANT  PURSUANT  TO  ARTICLE  ONE
HUNDRED  THIRTY-ONE-B  OF  THIS  TITLE,  NURSE  PURSUANT  TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THIS TITLE, OR MIDWIFE PURSUANT  TO  ARTICLE  ONE
HUNDRED FORTY OF THIS TITLE.
  S  3.  Section  2343  of  the insurance law is amended by adding a new
subsection (f) to read as follows:
  (F) THE SUPERINTENDENT SHALL APPROVE AND IMPLEMENT PROGRAMS TO ENCOUR-
AGE HEALTH CARE PROVIDERS, HEALTH CARE FACILITIES AND  MEDICAL  MALPRAC-
TICE INSURERS TO PARTICIPATE IN HEALTH CARE PROVIDER HYGIENIC DRESS CODE
PROGRAMS.  SUCH  PROGRAMS MAY INCLUDE, BUT SHALL BE LIMITED TO, ENHANCED
COVERAGE LEVELS, REDUCTIONS IN DEDUCTIBLE LEVELS OR  ACTUARIALLY  APPRO-
PRIATE  PREMIUM  REDUCTION  FOR INSURED HEALTH CARE PROVIDERS AND HEALTH
CARE FACILITIES WHICH HAVE IMPLEMENTED A SUCCESSFUL HEALTH CARE  PRACTI-
TIONER  DRESS  CODE PROGRAM, PURSUANT TO TITLE SIX OF ARTICLE TWO OF THE
PUBLIC HEALTH LAW, WHICH IS APPROVED BY THE COMMISSIONER OF HEALTH.
  S 4. Section 3436 of the insurance law, as added by chapter 266 of the
laws of 1986, is amended by adding a  new  subsection  (f)  to  read  as
follows:
  (F)  AN  INSURER  WHICH  ISSUES POLICIES FOR PRIMARY LEVELS OF MEDICAL
MALPRACTICE INSURANCE  SHALL  UPON  THE  ISSUANCE  OR  RENEWAL  THEREOF,
PROVIDE  FOR  PROGRAMS  TO  ENCOURAGE HEALTH CARE PROVIDERS, HEALTH CARE
FACILITIES AND MEDICAL MALPRACTICE INSURERS  TO  PARTICIPATE  IN  HEALTH
CARE  PROVIDER  HYGIENIC DRESS CODE PROGRAMS. SUCH PROGRAMS MAY INCLUDE,
BUT SHALL BE LIMITED TO, ENHANCED COVERAGE LEVELS, REDUCTIONS IN DEDUCT-
IBLE LEVELS OR ACTUARIALLY APPROPRIATE  PREMIUM  REDUCTION  FOR  INSURED
HEALTH  CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE IMPLEMENTED
A SUCCESSFUL HEALTH CARE PRACTITIONER DRESS CODE  PROGRAM,  PURSUANT  TO
TITLE  SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED BY
THE COMMISSIONER OF HEALTH.
  S 5. Section 5505 of the insurance law is  amended  by  adding  a  new
subsection (e) to read as follows:
  (E)  THE  ASSOCIATION'S RATES, RATING PLANS AND RATING CLASSIFICATIONS
SHALL PROVIDE FOR PROGRAMS TO ENCOURAGE HEALTH  CARE  PROVIDERS,  HEALTH

S. 2376                             5

CARE  FACILITIES  AND  MEDICAL  MALPRACTICE  INSURERS  TO PARTICIPATE IN
HEALTH CARE PROVIDER HYGIENIC DRESS CODE  PROGRAMS.  SUCH  PROGRAMS  MAY
INCLUDE,  BUT  SHALL BE LIMITED TO, ENHANCED COVERAGE LEVELS, REDUCTIONS
IN  DEDUCTIBLE  LEVELS  OR ACTUARIALLY APPROPRIATE PREMIUM DISCOUNTS FOR
HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE  IMPLEMENTED
A  SUCCESSFUL  HEALTH  CARE PRACTITIONER DRESS CODE PROGRAM, PURSUANT TO
TITLE SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED  BY
THE COMMISSIONER OF HEALTH.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and section one of this
act shall expire and be deemed repealed January 1, 2023.

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