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

                                 3963--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2011
                               ___________

Introduced  by  M. of A. MAGNARELLI, LANCMAN, GALEF, BENEDETTO, MILLMAN,
  BROOK-KRASNY, COLTON, CAHILL, CLARK, JAFFEE -- Multi-Sponsored  by  --
  M.  of  A.  GLICK,  HOOPER,  MAISEL, J. RIVERA, ROBINSON, SCARBOROUGH,
  WEISENBERG -- read once and referred to the  Committee  on  Health  --
  recommitted  to  the  Committee  on Health in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to establishing stan-
  dards  and programs relating to the prevention and/or reduction of the
  incidence of hospital-acquired 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 two new sections
2819-a and 2819-b to read as follows:
  S  2819-A.  HOSPITAL-ACQUIRED  INFECTION PREVENTION STANDARDS. 1.  THE
COMMISSIONER SHALL PROMULGATE AND ADMINISTER  REGULATIONS  AND  POLICIES
GOVERNING  THE  PREVENTION  OF  AND/OR THE REDUCTION IN THE INCIDENCE OF
HOSPITAL-ACQUIRED INFECTIONS IN PATIENTS IN  HOSPITALS  AND  RESIDENTIAL
HEALTH  CARE FACILITIES, AND SUCH RULES AND REGULATIONS AS HE OR SHE MAY
DEEM APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  2. THE DEPARTMENT SHALL ESTABLISH REGULATORY STANDARDS, INCLUDING, BUT
NOT LIMITED TO QUALITY  CONTROL,  EDUCATIONAL  AND  TRAINING  STANDARDS,
REGARDING  THE  PREVENTION  OF  AND/OR THE REDUCTION IN THE INCIDENCE OF
HOSPITAL-ACQUIRED INFECTIONS. THESE STANDARDS SHALL BE  CONSISTENT  WITH
THE  RECOMMENDATIONS OF RECOGNIZED CENTERS OF EXPERTISE IN THE IDENTIFI-
CATION AND PREVENTION OF HOSPITAL-ACQUIRED INFECTIONS INCLUDING, BUT NOT
LIMITED TO THE NATIONAL HEALTH CARE SAFETY NETWORK OF  THE  CENTERS  FOR
DISEASE  CONTROL  AND  PREVENTION OR ITS SUCCESSOR. THE DEPARTMENT SHALL
ALSO CONSULT WITH ORGANIZATIONS REPRESENTATIVE  OF  PROFESSIONS,  INSTI-
TUTIONS  AND  THOSE  WITH EXPERTISE IN INFECTION CONTROL WITH RESPECT TO
THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION, AND SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03152-03-2
              

A. 3963--A                          2

PROMULGATE SUCH REGULATIONS  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
EDUCATION.  THE  DEPARTMENT  SHALL  SOLICIT  AND CONSIDER PUBLIC COMMENT
PRIOR TO SUCH ESTABLISHMENT OF SUCH STANDARDS.
  3. WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DEPARTMENT ESTABLISHES THE
STANDARDS  DESCRIBED  IN  SUBDIVISION  TWO OF THIS SECTION, EACH GENERAL
HOSPITAL SHALL DEVELOP, ADOPT, IMPLEMENT AND MAINTAIN A COORDINATED PLAN
TO PREVENT AND/OR REDUCE THE INCIDENCE OF  HOSPITAL-ACQUIRED  INFECTIONS
IN  COMPLIANCE  WITH THE DEPARTMENT REGULATIONS. SUCH PLAN SHALL PROVIDE
FOR THE FOLLOWING, AT A MINIMUM:
  (A) DEPARTMENTAL STANDARDS FOR THE PREVENTION OF AND/OR THE  REDUCTION
IN THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS;
  (B)  MANDATORY EDUCATIONAL AND TRAINING PROGRAMS FOR EMPLOYEES DEALING
WITH THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE  OF  HOSPI-
TAL-ACQUIRED INFECTIONS;
  (C)  THE  ESTABLISHMENT  OF  A  QUALITY  ASSURANCE  COMMITTEE WITH THE
RESPONSIBILITY TO REVIEW SERVICES RENDERED IN THE HOSPITAL IN  ORDER  TO
IMPROVE THE QUALITY OF INFECTION PREVENTION AND REDUCTION MEASURES. SUCH
COMMITTEE SHALL OVERSEE AND COORDINATE THE PROGRAM AND SHALL INSURE THAT
INFORMATION  GATHERED  PURSUANT TO THE PROGRAM IS UTILIZED TO REVIEW AND
TO REVISE HOSPITAL POLICIES AND PROCEDURES. AT LEAST ONE MEMBER  OF  THE
COMMITTEE  SHALL  BE A MEMBER OF THE GOVERNING BOARD OF THE HOSPITAL WHO
IS NOT OTHERWISE AFFILIATED  WITH  THE  HOSPITAL  IN  AN  EMPLOYMENT  OR
CONTRACTUAL CAPACITY;
  (D)  THE  PERIODIC  REVIEW  AND  THE  REVIEW AS OTHERWISE WARRANTED IN
SPECIFIC INSTANCES AND CIRCUMSTANCES OF THE  EFFECTIVENESS  OF  MEASURES
DESIGNED  TO  PREVENT  AND/OR  REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED
INFECTIONS; AND
  (E) POLICIES TO ENSURE COMPLIANCE WITH THE REPORTING  REQUIREMENTS  OF
SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS ARTICLE.
  4.  REGULATIONS  UNDER  THIS SECTION SHALL INCLUDE STANDARDS TO ASSURE
THE PROTECTION OF PATIENT PRIVACY IN DATA COLLECTED AND  RELEASED  UNDER
THIS SECTION.
  5.  FOR  THE  PURPOSES  OF THIS SECTION, "HOSPITAL-ACQUIRED INFECTION"
SHALL MEAN ANY LOCALIZED OR SYSTEMIC PATIENT CONDITION THAT:
  (A) RESULTED FROM THE PRESENCE OF AN INFECTIOUS AGENT  OR  AGENTS,  OR
ITS  TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAMINATION OR BY LABORA-
TORY TESTING; AND
  (B) WAS NOT FOUND TO BE PRESENT OR INCUBATING AT THE TIME OF ADMISSION
UNLESS THE INFECTION WAS RELATED TO A PREVIOUS ADMISSION.
  S 2819-B. EDUCATION AND TRAINING PROGRAMS IN INFECTION  CONTROL  PRAC-
TICES  FOR STERILE PROCESSING PROFESSIONALS. 1. FOR THE PURPOSES OF THIS
SECTION:
  (A) "HOSPITAL-ACQUIRED INFECTION" SHALL MEAN ANY LOCALIZED OR SYSTEMIC
PATIENT CONDITION THAT: (I) RESULTED FROM THE PRESENCE OF AN  INFECTIOUS
AGENT  OR AGENTS, OR ITS TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAM-
INATION OR BY LABORATORY TESTING; AND (II) WAS NOT FOUND TO  BE  PRESENT
OR  INCUBATING AT THE TIME OF ADMISSION UNLESS THE INFECTION WAS RELATED
TO A PREVIOUS ADMISSION; AND
  (B) "STERILE PROCESSING PROFESSIONALS" SHALL MEAN PERSONNEL PERFORMING
CLEANING, DISINFECTION, STERILIZATION AND  INVENTORY  MANAGEMENT  ACTIV-
ITIES IN THE HOSPITAL SETTING.
  2. EACH GENERAL HOSPITAL SHALL:
  (A)  ENSURE  THAT ALL STERILE PROCESSING PROFESSIONALS EMPLOYED BY THE
HOSPITAL SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND FOURTEEN AND EVERY
FOUR YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAINING IN TECHNIQUES TO
PREVENT OR REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS,  APPRO-

A. 3963--A                          3

PRIATE  TO THE PROFESSIONAL'S PRACTICE AND APPROVED BY THE DEPARTMENT IN
ACCORDANCE WITH THE REGULATORY STANDARDS PROMULGATED BY THE  DEPARTMENT;
AND
  (B)  CERTIFY  SO  TO  THE  DEPARTMENT. THE DEPARTMENT SHALL PROVIDE AN
EXEMPTION FROM THIS REQUIREMENT TO ANYONE WHO REQUESTS SUCH AN EXEMPTION
AND WHO (I) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S  SATISFACTION  THAT
THERE  WOULD  BE  NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR
TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE OR (II) THAT HE OR
SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE DEPARTMENT TO BE
EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING APPROVED BY  THE
DEPARTMENT PURSUANT TO THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition, amendment or repeal of any rule or regulation neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.