S T A T E O F N E W Y O R K
________________________________________________________________________
6030--B
2011-2012 Regular Sessions
I N A S S E M B L Y
March 4, 2011
___________
Introduced by M. of A. BING, GALEF, TITUS, GUNTHER, CLARK, LUPARDO,
MAGNARELLI, RAMOS, SPANO, CASTRO, BARRON, LAVINE, LINARES, ZEBROWSKI,
BOYLAND, WEPRIN, CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
CYMBROWITZ, FARRELL, HOOPER, LATIMER, V. LOPEZ, McENENY, McKEVITT,
J. MILLER, M. MILLER, MILLMAN, PAULIN, TITONE, WEISENBERG -- read once
and referred to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, 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 sterile supply personnel in certain
healthcare 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 STERILE SUPPLY PERSONNEL
SECTION 4920. CENTRAL STERILE SUPPLY PERSONNEL.
S 4920. CENTRAL STERILE SUPPLY PERSONNEL. 1. DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE TERMS:
(A) "CENTRAL STERILE SUPPLY PERSONNEL" SHALL MEAN A PERSON WHO
PROVIDES THE SERVICES OF DECONTAMINATION, PREPARATION, PACKAGING, STERI-
LIZATION, AND STORAGE AND DISTRIBUTION OF REUSABLE MEDICAL INSTRUMENTA-
TION OR DEVICES IN HEALTHCARE FACILITIES.
(B) "HEALTHCARE FACILITY" SHALL MEAN A HOSPITAL AS DEFINED BY SUBDIVI-
SION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER OR AN AMBU-
LATORY SURGICAL CENTER ISSUED AN OPERATING CERTIFICATE PURSUANT TO ARTI-
CLE TWENTY-EIGHT OF THIS CHAPTER.
2. CERTIFICATION. CENTRAL STERILE SUPPLY PERSONNEL IN A HEALTHCARE
FACILITY SHALL BE CERTIFIED BY THE INTERNATIONAL ASSOCIATION OF HEALTH-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09343-06-1
A. 6030--B 2
CARE CENTRAL SERVICE MATERIEL MANAGEMENT (IAHCSMM) OR THE CBSPD NATIONAL
CERTIFICATION EXAM; PROVIDED, HOWEVER, THAT CENTRAL STERILE SUPPLY
PERSONNEL SHALL BE CERTIFIED WITHIN TWO YEARS OF THE EFFECTIVE DATE OF
THIS SECTION, AND MAY NOT CONTINUE TO BE EMPLOYED BEYOND THAT PERIOD
WITHOUT DOCUMENTATION THAT SUCH EMPLOYEE IS CERTIFIED PURSUANT TO THIS
SUBDIVISION.
3. CONTINUING EDUCATION. (A) CERTIFIED CENTRAL STERILE SUPPLY PERSON-
NEL IN A HEALTHCARE FACILITY MUST COMPLETE TWELVE ANNUAL CONTINUING
EDUCATION CREDITS TO REMAIN QUALIFIED FOR EMPLOYMENT.
(B) A HEALTHCARE FACILITY THAT EMPLOYS A PERSON AS CENTRAL STERILE
SUPPLY PERSONNEL SHALL VERIFY THAT SUCH PERSON MEETS THE CONTINUING
EDUCATION REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
4. A HEALTHCARE FACILITY SHALL SUPERVISE EACH PERSON EMPLOYED BY SUCH
HEALTHCARE FACILITY TO FUNCTION AS CENTRAL STERILE SUPPLY PERSONNEL
ACCORDING TO THE HEALTHCARE FACILITY'S POLICIES AND PROCEDURES.
5. ANY PERSON EMPLOYED AS CENTRAL STERILE SUPPLY PERSONNEL FOR TEN
YEARS OR MORE SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVISION TWO OF
THIS SECTION; PROVIDED, HOWEVER, SUCH PERSON SHALL NOT BE EXEMPT FROM
THE CONTINUING EDUCATION REQUIREMENT OF SUBDIVISION THREE OF THIS
SECTION. THIS SUBDIVISION SHALL BE ENFORCED BY THE HEALTHCARE FACILITY.
6. THERE SHALL BE WORKING RELATIONSHIPS AMONG MEDICAL STAFF, NURSING
STAFF AND CENTRAL STERILE SUPPLY PERSONNEL TO ASSURE THAT ALL PATIENT
CARE NEEDS ARE MET.
7. NOTHING IN THIS ARTICLE SHALL PROHIBIT ANY HEALTHCARE PRACTITIONER
LICENSED UNDER TITLE VIII OF THE PUBLIC HEALTH SERVICE ACT FROM PERFORM-
ING CENTRAL STERILE SUPPLY PERSONNELS' TASKS OR FUNCTIONS IF THE PERSON
IS ACTING WITHIN THE SCOPE OF HIS OR HER LICENSE.
8. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE.
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 and/or repeal of any rule or regulation
necessary 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.