S T A T E O F N E W Y O R K
________________________________________________________________________
7167
2011-2012 Regular Sessions
I N A S S E M B L Y
April 14, 2011
___________
Introduced by M. of A. J. MILLER, SAYWARD, THIELE, MOLINARO -- Multi-
Sponsored by -- M. of A. BARCLAY, BURLING, BUTLER, CONTE, CROUCH,
DUPREY, FINCH, HAWLEY, KOLB, V. LOPEZ, OAKS, RAIA, REILICH, SPANO,
TEDISCO -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring course work
and training in tick-borne diseases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6505-b of the education law, as amended by chapter
477 of the laws of 2008, is amended to read as follows:
S 6505-b. Course work or training in infection control practices. 1.
Every dentist, registered nurse, licensed practical nurse, podiatrist,
optometrist and dental hygienist practicing in the state shall, on or
before July first, nineteen hundred ninety-four and every four years
thereafter, complete course work or training appropriate to the profes-
sional's practice approved by the department regarding infection control
and barrier precautions, including engineering and work practice
controls, in accordance with regulatory standards promulgated by the
department, in consultation with the department of health, which shall
be consistent, as far as appropriate, with such standards adopted by the
department of health pursuant to section two hundred thirty-nine of the
public health law to prevent the transmission of HIV, HBV or HCV in the
course of professional practice. Each such professional shall document
to the department at the time of registration commencing with the first
registration after July first, nineteen hundred ninety-four that the
professional has completed course work or training in accordance with
this section, provided, however that a professional subject to the
provisions of paragraph (f) of subdivision one of section twenty-eight
hundred five-k of the public health law shall not be required to so
document. The department shall provide an exemption from this require-
ment to anyone who requests such an exemption and who (i) clearly demon-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08172-01-1
A. 7167 2
strates 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
course work or training approved by the department pursuant to this
section. The department shall consult with organizations representative
of professions, institutions and those with expertise in infection
control and HIV, HBV and HCV with respect to the regulatory standards
promulgated pursuant to this section.
2. EVERY PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL NURSE, CLIN-
ICAL LABORATORY TECHNOLOGIST AND PHARMACIST PRACTICING IN THE STATE
SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND TWELVE AND EVERY FOUR YEARS
THEREAFTER, COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFES-
SIONAL'S PRACTICE APPROVED BY THE DEPARTMENT AND THE TICK-BORNE DISEASE
INSTITUTE WITHIN THE DEPARTMENT OF HEALTH REGARDING INFECTION CONTROL
AND BARRIER PRECAUTIONS FOR THE PURPOSES OF DIAGNOSING AND TREATING LYME
DISEASE. TRAINING AND ANY SUBSEQUENT COURSE WORK SHALL BE MADE IN
ACCORDANCE WITH REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT AS
WELL AS ANY OTHER CLINICAL DATA AND RECOMMENDATIONS SET FORTH IN FEDERAL
GUIDELINES. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT
THE TIME OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER
JULY FIRST, TWO THOUSAND TWELVE THAT THE PROFESSIONAL HAS COMPLETED
COURSE WORK OR TRAINING IN ACCORDANCE WITH THIS SUBDIVISION. 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 TRAIN-
ING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION. THE
DEPARTMENT SHALL CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN LYME DISEASE
INFECTION CONTROL AND ANY OTHER RELATED AWARENESS ORGANIZATIONS WITH
RESPECT TO THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS
SECTION.
S 2. This act shall take effect immediately.