senate Bill S697A

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

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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

  • 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:
A878A
Versions:
S697
S697A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Add ยง2824, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S5155D, A8620C, S5155D

Votes

14
0
14
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S697A

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:

Section 1 of this bill creates a new section 2824 in the public health
law to address central service technicians. Section 2824, subdivision
1 defines key terms. Subdivision 2 and 3 sets forth the certification
requirements for central service technicians. Subdivision 4 sets
forth the continuing education requirements for central service
technicians. Subdivisions 5 through 9 pertains to supervisory roles of
healthcare facilities and states that regulations are to be
promulgated by the commissioner if necessary.

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 first day of the
eighteenth month after it shall have become law.

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

                                 697--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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  section
2824 to read as follows:
  S 2824. 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 GENERAL HOSPITAL  AS  DEFINED  BY
SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A
HOSPITAL  AS  DEFINED BY SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED
ONE OF THIS ARTICLE OPERATING  AS  A  DIAGNOSTIC  AND  TREATMENT  CENTER
AUTHORIZED TO PROVIDE AMBULATORY SURGICAL SERVICES.
  (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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04692-04-3

S. 697--A                           2

  (A) (I)  HAS  SUCCESSFULLY  PASSED  A  NATIONALLY  ACCREDITED  CENTRAL
SERVICE  EXAM  FOR CENTRAL SERVICE TECHNICIANS; AND (II) HOLDS AND MAIN-
TAINS ONE OF THE FOLLOWING  CREDENTIALS  ADMINISTERED  BY  A  NATIONALLY
ACCREDITED  CENTRAL  SERVICE  TECHNICIAN CREDENTIALING ORGANIZATION: THE
CERTIFIED  REGISTERED  CENTRAL SERVICE TECHNICIAN CREDENTIAL, THE CERTI-
FIED STERILE PROCESSING AND  DISTRIBUTION  TECHNICIAN  CREDENTIAL  OR  A
SUBSTANTIALLY EQUIVALENT CREDENTIAL; 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 FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN  THE
FOUR  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 EACH EMPLOYEE OR CONTRACTOR HIS
OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS A CENTRAL SERVICE TECHNI-
CIAN 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 WHO DOES NOT MEET THE REQUIREMENTS OF
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS  SECTION  SHALL  HAVE  EIGHTEEN
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) 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
PROFESSIONAL,  OR  EXTENDED  ACTIVE  DUTY  WITH  THE ARMED FORCES OF THE
UNITED STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO  MEET-
ING  THE  CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED IN SUBDIVISION
FOUR OF THIS SECTION, MAY BE GRANTED BY:
  (I) THE ACCREDITING AGENCY OF A CENTRAL SERVICE TECHNICIAN  QUALIFYING
UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; OR
  (II)  A HEALTHCARE FACILITY EMPLOYING OR CONTRACTING A CENTRAL SERVICE
TECHNICIAN UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
  (B) IF AN EXTENSION IS GRANTED, A  CENTRAL  SERVICE  TECHNICIAN  SHALL
COMPLETE  ALL  PAST  DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY
DAYS UPON RESOLUTION OF THE MEDICAL CONDITION OR TERMINATION OF EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES.
  6. A HEALTHCARE FACILITY MAY  EMPLOY  OR  OTHERWISE  CONTRACT  WITH  A
PERSON  WHO  DOES  NOT  MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
SECTION TO FUNCTION AS A CENTRAL  SERVICE  TECHNICIAN  IN  A  HEALTHCARE
FACILITY IF:
  (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTHCARE
FACILITY  IS  UNABLE  TO  EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF
QUALIFIED CENTRAL SERVICE TECHNICIANS WHO MEET THE REQUIREMENTS OF  THIS
SECTION;

S. 697--A                           3

  (B)  THE  HEALTHCARE  FACILITY  MAKES  A WRITTEN RECORD OF ITS EFFORTS
UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND RETAINS THE  RECORD  AT  THE
HEALTHCARE FACILITY; AND
  (C)  THE PERSON MEETS THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION WITHIN TWO YEARS  OF  THE  START  OF  EMPLOYMENT  OR
CONTRACTING FOR THE PERFORMANCE OF CENTRAL SERVICE TECHNICIAN DUTIES.
  7.    A  HEALTHCARE  FACILITY THAT EMPLOYS OR CONTRACTS WITH A CENTRAL
SERVICE TECHNICIAN SHALL UPON REQUEST OF ANOTHER HEALTHCARE FACILITY, OR
UPON REQUEST OF A  CENTRAL  SERVICE  TECHNICIAN  EMPLOYED  BY,  FORMERLY
EMPLOYED  BY OR CONTRACTED TO PERFORM AS A CENTRAL SERVICE TECHNICIAN AT
THE HEALTHCARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR  CONTRACT  OF
SUCH PERSON.
  8.  NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
FROM PERFORMING CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS  IF  THE
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.
  9. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  S 2. This act shall take effect on the first  day  of  the  eighteenth
month after it shall have become a law.

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