S T A T E   O F   N E W   Y O R K
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                                  10486

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by M. of A. CAHILL, BENEDETTO, CASTRO, JOHN, MAISEL, MARKEY,
  M. MILLER, ROBINSON, MONTESANO, SALADINO -- Multi-Sponsored by  --  M.
  of  A.  CALHOUN,  GABRYSZAK, GALEF, GLICK, KOON, PHEFFER, SCARBOROUGH,
  SPANO, TOWNSEND, WEISENBERG -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law,  in  relation  to  requiring  the
  commissioner  of  health to develop and implement a system for uniform
  patient safety

  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 22
to read as follows:
  S  22. UNIFORM PATIENT SAFETY. 1. THE COMMISSIONER SHALL, IN CONSULTA-
TION WITH STATEWIDE ORGANIZATIONS REPRESENTATIVE OF PROVIDERS OF  HOSPI-
TAL  AND  HEALTH-RELATED  SERVICES,  DEVELOP  AND IMPLEMENT A SYSTEM FOR
COLOR-CODING STANDARDIZATION OF MEDICAL SAFETY CONDITIONS FOR USE IN ALL
HEALTH CARE FACILITIES. THE COMMISSIONER SHALL, ON OR AFTER JULY  FIRST,
TWO  THOUSAND  ELEVEN, DEVELOP SUCH UNIFORM PATIENT SAFETY CONDITIONS BY
STANDARDIZING THE COLOR-CODING OF  PATIENT  WRIST  BANDS  AND  PROVIDING
HOSPITALS, HEALTH CARE PROVIDERS, RESIDENTIAL HEALTH CARE FACILITIES AND
NURSING  HOMES  IN  THIS  STATE  WITH A PATIENT STANDARDIZATION WHICH IS
UNIFORM IN RELATION TO HEALTH-RELATED SERVICES. THE  COMMISSIONER  SHALL
ESTABLISH AND IMPLEMENT THE UNIFORMITY OF ALL PATIENT SAFETY THROUGH THE
PROMULGATION  OF  RULES  AND  REGULATIONS  AND  FURTHER  PROVIDE FOR THE
SYSTEMATIC AND STANDARD APPLICATION OF A COLOR  SYSTEM  TO  AID  IN  THE
CLASSIFICATION  AND  IDENTIFICATION  OF SAFETY CONDITIONS INCLUDING, BUT
NOT LIMITED TO, A DO NOT RESUSCITATE ORDER, ALLERGIES, FALL RISK OF  THE
PATIENT, ELOPEMENT AND CHOKING PRECAUTIONS.
  2.  FOR THE PURPOSES OF THIS SECTION, "ELOPEMENT" MEANS THAT A PATIENT
(A) HAS LEFT THE HOSPITAL, HEALTH CARE FACILITY, RESIDENTIAL HEALTH CARE
FACILITY OR NURSING HOME, OR THE  COMPANY  OF  STAFF,  WITHOUT  AUTHORI-
ZATION;  OR (B) HAS LEFT THE HOSPITAL, HEALTH CARE FACILITY, RESIDENTIAL
HEALTH CARE FACILITY OR NURSING HOME WITH AUTHORIZATION BUT  HAS  FAILED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-01-9
              

A. 10486                            2

TO  RETURN  TO SUCH FACILITY LATER THAN THIRTY MINUTES BEYOND THE DESIG-
NATED TIME.
  S  2. This act shall take effect July 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.