senate Bill S697

Amended

Relates to the employment of persons to function as central service technicians in certain healthcare facilities

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Sponsor

Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 24 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 24 / May / 2013
    • PRINT NUMBER 697A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1121
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • SUBSTITUTED BY A878A

Summary

Relates to the employment of persons to function as central service technicians in certain healthcare facilities.

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Bill Details

See Assembly Version of this Bill:
A878
Versions:
S697
S697A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Add Art 49-A ยง4920, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S5155D, A8620C, S5155D

Sponsor Memo

BILL NUMBER:S697

TITLE OF BILL:
An act
to amend the public health law, in relation to the employment
of persons to function as central service
technicians in certain healthcare facilities

PURPOSE:
To require individuals employed in the supply of central services to
hospitals to be certified and undergo continuing education.

SUMMARY OF SPECIFIC PROVISIONS:
Creates a new article 49-A in the public health law to address central
service technicians. Section 4920, subdivision 1 defines key terms.
Subdivision 2 sets forth the certification requirements for central
service technicians. Subdivision 3 sets forth the continuing
education requirements for central service technicians. Subdivisions
4, 5 and 6 pertains to supervisory roles of healthcare facilities and
states that enforcement rests with the Department of Education.
Section 2 of this bill sets forth the effective date.

JUSTIFICATION:
Central service technicians prepare, distribute and control the
sterile and non-sterile items and equipment used in all clinical
areas of a hospital. The legislation requires the certification of
persons who wish to practice in the central service, and provides
certain requirements for such certification. In addition, the bill
imposes a continuing education recruitment.

The goal of the central service is to maintain quality control
procedures in an effort to prevent and control the spread of
infection. This potential for infection in a hospital is a serious
threat to the health and well-being of patients. Regulation of those
who have control over the equipment that could spread infection,
through the requirement for certification and continuing education,
would ensure that the technicians have the requisite knowledge to
prevent any spread of infection.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.5155D Passed Assembly, Passed Senate, Vetoed
by Governor, Memo 157
2009-10: S.3636 Referred to Higher Education
2007-08: S.3737 Referred to Higher Education

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become law, provided, however, that effective immediately the
addition, amendment, and/or repeal of any rule or regulation
necessary for the timely implementation of this act on its effective


date is hereby authorized and directed to be made completed on or
before such effective date.

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

                                   697

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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:

  Section  1.  The  public health law is amended by adding a new article
49-A to read as follows:
                              ARTICLE 49-A
                       CENTRAL SERVICE TECHNICIANS
SECTION 4920. CENTRAL SERVICE TECHNICIANS.
  S 4920. CENTRAL SERVICE TECHNICIANS.   1. FOR  THE  PURPOSES  OF  THIS
SECTION, THE TERMS:
  (A)  "CENTRAL SERVICE TECHNICIAN" SHALL MEAN A PERSON WHO PROVIDES THE
SERVICES OF DECONTAMINATION, PREPARATION, PACKAGING, STERILIZATION,  AND
STORAGE  AND DISTRIBUTION OF REUSABLE MEDICAL INSTRUMENTATION OR DEVICES
IN HEALTHCARE FACILITIES OTHER THAN IN THE COURSE  OF  PRACTICING  AS  A
HEALTHCARE PROFESSIONAL.
  (B)  "HEALTHCARE  FACILITY"  SHALL  MEAN  A  HOSPITAL OR AN AMBULATORY
SURGICAL CENTER AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  AND
SUBJECT TO THE OVERSIGHT AND REGULATION OF THE DEPARTMENT.
  (C)  "HEALTHCARE  PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTI-
FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
  2. A PERSON SHALL NOT FUNCTION AS A CENTRAL SERVICE  TECHNICIAN  IN  A
HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER-
WISE  CONTRACT  FOR  THE SERVICES OF A CENTRAL SERVICE TECHNICIAN UNLESS
THE PERSON MEETS ONE OF THE FOLLOWING:
  (A) HOLDS AND MAINTAINS THE CERTIFIED REGISTERED CENTRAL SERVICE TECH-
NICIAN CREDENTIAL  ADMINISTERED  BY  THE  INTERNATIONAL  ASSOCIATION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04692-01-3

S. 697                              2

HEALTHCARE  CENTRAL  SERVICE MATERIEL MANAGEMENT (IAHCSMM) OR THE CERTI-
FIED STERILE PROCESSING AND DISTRIBUTION TECHNICIAN CREDENTIAL  ADMINIS-
TERED  BY  THE  CERTIFICATION  BOARD FOR STERILE PROCESSING AND DISTRIB-
UTION,  INC.  (CBSPD)  OR ANOTHER CREDENTIALING AGENCY ACCEPTABLE TO THE
COMMISSIONER; OR
  (B) PROVIDES EVIDENCE  THAT  THE  PERSON  WAS  EMPLOYED  OR  OTHERWISE
CONTRACTED FOR THE SERVICES AS A CENTRAL SERVICE TECHNICIAN IN A HEALTH-
CARE  FACILITY ON OR IN THE TWO YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION. IN FURTHERANCE OF THIS PARAGRAPH,  ANY  CONTRACTOR
OR  EMPLOYER  OF  PERSONS FUNCTIONING AS A CENTRAL SERVICE TECHNICIAN ON
THE EFFECTIVE DATE OF THIS SECTION SHALL  CONFIRM  IN  WRITING  TO  SUCH
EMPLOYEE  OR  CONTRACTOR HIS OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING
AS A CENTRAL SERVICE TECHNICIAN IN  A  HEALTHCARE  FACILITY  AS  OF  THE
EFFECTIVE DATE OF THIS SECTION; OR
  (C)  IS  A  STUDENT  OR  INTERN  PERFORMING THE FUNCTIONS OF A CENTRAL
SERVICE TECHNICIAN IF THE STUDENT OR INTERN IS UNDER THE  DIRECT  SUPER-
VISION OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL
AND  IS FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAIN-
ING.
  3.  A CENTRAL SERVICE TECHNICIAN THAT DOES NOT MEET  THE  REQUIREMENTS
OF  PARAGRAPH  (B)  OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE TWELVE
MONTHS FROM THE DATE OF HIRE TO OBTAIN THE CERTIFIED REGISTERED  CENTRAL
SERVICE  TECHNICIAN  CREDENTIAL  OR THE CERTIFIED STERILE PROCESSING AND
DISTRIBUTION TECHNICIAN CREDENTIAL.
  4. A PERSON WHO QUALIFIES TO FUNCTION AS A CENTRAL SERVICE  TECHNICIAN
IN A HEALTHCARE FACILITY UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO
OF THIS SECTION MUST ANNUALLY COMPLETE TEN HOURS OF CONTINUING EDUCATION
CREDITS TO REMAIN QUALIFIED TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN.
  5.   A CENTRAL SERVICE TECHNICIAN SHALL DOCUMENT IN WRITING GOOD CAUSE
THAT PREVENTS COMPLIANCE WITH THE CONTINUING  EDUCATION  REQUIREMENT  AS
PRESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL INCLUDE ANY
OF THE FOLLOWING REASONS: A MEDICAL CONDITION WHICH REQUIRES AN EXTENDED
LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE  PROFES-
SIONAL  OR  EXTENDED  ACTIVE  DUTY  WITH  THE ARMED FORCES OF THE UNITED
STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO  MEETING  THE
CONTINUING  EDUCATION  REQUIREMENT, AS PRESCRIBED IN SUBDIVISION FOUR OF
THIS SECTION, MAY BE MADE BY:
  (A) INTERNATIONAL ASSOCIATION OF CENTRAL SERVICE  MATERIEL  MANAGEMENT
OR CERTIFICATION BOARD FOR STERILE PROCESSING AND DISTRIBUTION, INC. FOR
A  CENTRAL  SERVICE TECHNICIAN UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION; OR
  (B) A HEALTHCARE FACILITY FOR A CENTRAL SERVICE TECHNICIAN UNDER PARA-
GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
  IF AN  EXTENSION  IS  GRANTED,  A  CENTRAL  SERVICE  TECHNICIAN  SHALL
COMPLETE  ALL  PAST  DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY
DAYS UPON RESOLUTION OF A MEDICAL CONDITION OR EXTENDED ACTIVE DUTY WITH
THE ARMED FORCES OF THE UNITED STATES.
  6.  A HEALTH CARE FACILITY WHO EMPLOYS OR  CONTRACTS  WITH  A  CENTRAL
SERVICE  TECHNICIAN  SHALL  UPON REQUEST OF A CENTRAL SERVICE TECHNICIAN
EMPLOYED BY, FORMERLY EMPLOYED BY OR CONTRACTED TO PERFORM AS A  CENTRAL
SERVICE  TECHNICIAN  AT  THE  HEALTH  CARE FACILITY, VERIFY THE DATES OF
EMPLOYMENT OR CONTRACT OF SUCH PERSON.  THERE SHALL BE WORKING RELATION-
SHIPS AMONG MEDICAL STAFF, NURSING STAFF AND CENTRAL SERVICE  TECHNICIAN
TO ASSURE THAT ALL PATIENT CARE NEEDS ARE MET.
  7.  NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
FROM PERFORMING CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS  IF  THE

S. 697                              3

PERSON  IS  ACTING  WITHIN  THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN
THIS SECTION SHALL MEAN THAT ANY INDIVIDUAL  NOT  LICENSED  PURSUANT  TO
TITLE  EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED
TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
  8.  THE  DEPARTMENT  SHALL  ENFORCE  THE PROVISIONS OF THIS SECTION IN
ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER.
  9. THE COMMISSIONER SHALL MAKE, ADOPT,  PROMULGATE  AND  ENFORCE  SUCH
RULES  AND  REGULATIONS  AS HE OR SHE MAY DEEM APPROPRIATE TO EFFECTUATE
THE PURPOSES OF THIS SECTION.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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