S T A T E O F N E W Y O R K
________________________________________________________________________
741
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. GUNTHER, ZEBROWSKI, STIRPE -- Multi-Sponsored by
-- M. of A. GREENE -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to hospital acquired
infection policy, implementation and reporting of certain staphylococ-
cus infections
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
2819-a to read as follows:
S 2819-A. HOSPITAL ANTIBIOTIC RESISTANT INFECTION PREVENTION AND
CONTROL PROTOCOL. 1. A. THE COMMISSIONER SHALL ESTABLISH BEST PRACTICES
STANDARDS FOR ANTIBIOTIC RESISTANT INFECTION CONTROL IN HOSPITALS, AS
DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
ARTICLE, ON OR BEFORE THE ONE HUNDRED EIGHTIETH DAY AFTER THIS SECTION
SHALL HAVE BECOME A LAW. THE COMMISSIONER SHALL INCORPORATE THE GUIDE-
LINES PUBLISHED BY THE SOCIETY FOR HEALTHCARE EPIDEMIOLOGY OF AMERICA
(SHEA) INTO SUCH BEST PRACTICE STANDARDS.
B. ON OR BEFORE THE ONE HUNDRED EIGHTIETH DAY AFTER THIS SECTION SHALL
HAVE BECOME A LAW, THE DEPARTMENT SHALL ADOPT A STATEWIDE METHICILLIN
RESISTANT STAPHYLOCOCCUS AUREUS (MRSA) MEASUREMENT STANDARD USING, AT A
MINIMUM, THE NATIONAL HEALTHCARE SAFETY NETWORK'S (NHSN) VETERAN HEALTH
ADMINISTRATION MRSA MODULE DEFINITIONS. THE COMMISSIONER SHALL REQUIRE
EVERY HOSPITAL TO REPORT EACH INCIDENCE OF MRSA AND VANCOMYCIN RESISTANT
ENTEROCOCCUS (VRE) TO THE DEPARTMENT AS PART OF THE REPORTING REQUIRE-
MENTS OF SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS ARTICLE.
2. A. ALL HOSPITALS, AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION,
SHALL ESTABLISH A WRITTEN ANTIBIOTIC RESISTANT INFECTION PREVENTION AND
CONTROL POLICY WHICH INCORPORATES THE BEST PRACTICE STANDARDS IN
INFECTION CONTROL AS IDENTIFIED BY THE COMMISSIONER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02300-01-9
A. 741 2
B. ALL HOSPITALS SHALL IMPLEMENT AN ANTIBIOTIC RESISTANT INFECTION
PREVENTION AND CONTROL PROTOCOL AS SOON AS PRACTICABLE. THE PROTOCOL
SHALL BE MODELED AFTER THE FEDERAL VETERAN HEALTH ADMINISTRATION'S METH-
ICILLIN RESISTANT STAPHYLOCOCCUS AUREUS INITIATIVE AND SHALL INCLUDE,
BUT NOT BE LIMITED TO:
(I) IDENTIFICATION OF COLONIZED OR INFECTED PATIENTS THROUGH PRELIMI-
NARY SCREENING OF EACH PATIENT AS SOON AS PRACTICABLE UPON ADMISSION;
(II) ISOLATION AND TREATMENT OF COLONIZED OR INFECTED PATIENTS IN AN
APPROPRIATE MANNER;
(III) STRICT TRAINING AND ADHERENCE TO EMPLOYEE PERSONAL HYGIENE
GUIDELINES;
(IV) MEASUREMENT CONSISTENT WITH A STATEWIDE MRSA MEASUREMENT STANDARD
SYSTEM USING, AT A MINIMUM, THE NATIONAL HEALTHCARE SAFETY NETWORK'S
(NHSN) VETERANS HEALTH ADMINISTRATION MRSA MODULE DEFINITIONS.
3. THE COMMISSIONER SHALL ADOPT ANY AND ALL RULES AND REGULATIONS
NECESSARY TO FURTHER IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS
SECTION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such effective date.