S T A T E O F N E W Y O R K
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7845--B
2011-2012 Regular Sessions
I N A S S E M B L Y
May 19, 2011
___________
Introduced by M. of A. MAGNARELLI, JAFFEE, MAISEL, LINARES -- Multi-
Sponsored by -- M. of A. BOYLAND, PERRY, P. RIVERA -- 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 -- 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, the education law and the insur-
ance law, in relation to establishing a health care practitioner
hygienic dress code; and providing for the repeal of certain
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 2 of the public health law is amended by adding a
new title 6 to read as follows:
TITLE 6
HEALTH CARE PRACTITIONER HYGIENIC
DRESS CODE
SECTION 266. HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE.
S 266. HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE. 1. DEFINITIONS.
THE FOLLOWING WORDS OR PHRASES AS USED IN THIS TITLE SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "CONTINUING EDUCATION" SHALL MEAN ALL PROFESSIONAL CONTINUING
EDUCATION PROGRAMS REQUIRED EITHER BY STATE LAW, OR BY PROFESSIONAL
ASSOCIATIONS AUTHORIZED BY THE EDUCATION DEPARTMENT TO MONITOR THE
REQUIREMENTS OF LICENSURE OR CERTIFICATION AND TO CONDUCT CONTINUING
EDUCATION REQUIRED TO BE COMPLETED BY A HEALTH CARE PRACTITIONER.
(B) "COUNCIL" SHALL MEAN THE STATE HEALTH CARE PRACTITIONER HYGIENIC
DRESS CODE COUNCIL ESTABLISHED BY SUBDIVISION TWO OF THIS SECTION.
(C) "HEALTH CARE FACILITY" SHALL MEAN AND INCLUDE A HOSPITAL AND RESI-
DENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10964-07-2
A. 7845--B 2
ONE OF THIS CHAPTER, AND ANY SETTING IN WHICH A HEALTH CARE PRACTITIONER
REGULARLY PRACTICES HIS OR HER PROFESSION.
(D) "HEALTH CARE PRACTITIONER" SHALL MEAN ANY PERSON LICENSED AS A
PHYSICIAN PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION
LAW, PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, NURSE PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THE EDUCATION LAW, OR MIDWIFE PURSUANT TO ARTICLE
ONE HUNDRED FORTY OF THE EDUCATION LAW.
2. STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL. (A) THE
STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL IS HEREBY
ESTABLISHED IN THE DEPARTMENT TO BE AN EXPERT PANEL TO ADVISE THE
COMMISSIONER AND THE COMMISSIONER OF EDUCATION ON: (I) THE BEST PRAC-
TICES RELATED TO MITIGATING AND ELIMINATING THE SPREAD OF DISEASE,
INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN
HEALTH CARE FACILITIES BY MEANS OF THE UNHYGIENIC CLOTHING, JEWELRY AND
HEALTH CARE FACILITY IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITION-
ERS AND THE CLEANING PERSONNEL OF SUCH FACILITIES, (II) THE PROMOTION OF
BETTER AND COORDINATED POLICIES TO ENSURE BETTER HYGIENIC PRACTICES IN
HEALTH CARE FACILITIES, AND (III) THE DEVELOPMENT OF GUIDELINES TO
ASSIST THE EDUCATION DEPARTMENT IN ESTABLISHING MATERIALS AND CURRICULA
TO BE USED IN PROVIDING CONTINUING EDUCATION PROGRAMS TO HEALTH CARE
PRACTITIONERS ON THE USE OF A HYGIENIC DRESS CODE TO MINIMIZE THE SPREAD
OF DISEASE, INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL
PUBLIC.
(B) THE COUNCIL SHALL BE COMPOSED OF TWENTY-FIVE MEMBERS APPOINTED BY
THE COMMISSIONER. THE COMMISSIONER SHALL SEEK RECOMMENDATIONS FOR
APPOINTMENTS FROM THE COMMISSIONER OF EDUCATION AND THE SUPERINTENDENT
OF FINANCIAL SERVICES. THE MEMBERSHIP OF THE COUNCIL SHALL INCLUDE
REPRESENTATIVES OF THE VARIOUS PROFESSIONS WITHIN THE DEFINITION OF
HEALTH CARE PRACTITIONER, THE VARIOUS FACILITIES AND SETTINGS WITHIN THE
DEFINITION OF HEALTH CARE FACILITY, EDUCATORS OF HEALTH CARE PRACTITION-
ERS, CLEANING AND STERILIZATION SERVICES FOR HEALTH CARE FACILITIES,
PHARMACEUTICAL COMPANIES, AND INSURERS AND CORPORATIONS PROVIDING HEALTH
CARE COVERAGE. THE CHAIR OF THE COUNCIL SHALL BE A MEMBER THEREOF AS IS
SO DESIGNATED BY THE COMMISSIONER.
(C) THE MEMBERS OF THE COUNCIL SHALL HAVE EXPERTISE IN THE MAINTENANCE
AND CREATION OF SANITARY AND HYGIENIC CONDITIONS IN THE TREATMENT OF
PATIENTS BY HEALTH CARE PRACTITIONERS AND IN HEALTH CARE FACILITIES. THE
TERM OF OFFICE OF SUCH MEMBERS SHALL BE FOUR YEARS. THE MEMBERS OF THE
COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES IN THE PERFORMANCE OF THEIR
DUTIES.
(D) THE COUNCIL SHALL MEET UPON THE CALL OF THE COMMISSIONER OR THE
CHAIR. THE COUNCIL MAY ADOPT REGULATIONS CONSISTENT WITH THIS SECTION.
(E) THE COMMISSIONER SHALL DESIGNATE SUCH EMPLOYEE AND PROVIDE FOR
OTHER RESOURCES OF THE DEPARTMENT AS MAY BE REASONABLY NECESSARY TO
PROVIDE SUPPORT AND SERVICES FOR THE WORK OF THE COUNCIL.
(F) THE COUNCIL MAY PROVIDE TECHNICAL INFORMATION AND GUIDANCE TO
HEALTH CARE PRACTITIONERS AND HEALTH CARE FACILITIES ON THE LATEST AND
BEST PRACTICES AND STRATEGIES RELATED TO MITIGATING AND ELIMINATING THE
SPREAD OF DISEASE, INFECTION AND BACTERIA DURING THE COURSE OF TREATMENT
OF PATIENTS AS IT RELATES TO THE USE OF HYGIENIC HEALTH CARE PRACTITION-
ER CLOTHING, ATTIRE AND A DRESS CODE.
3. POLICIES TO BE CONSIDERED, EXAMINED AND POSSIBLY ADVANCED BY THE
COUNCIL. THE COUNCIL SHALL CONSIDER AND EXAMINE THE FOLLOWING POLICIES
AND GUIDELINES IN THE ADOPTION OF RULES AND REGULATIONS:
A. 7845--B 3
(A) THE ADOPTION OF A BARE BELOW THE ELBOW POLICY OF HEALTH CARE PRAC-
TITIONERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE WEARING OF
SHORT SLEEVE SHIRTS, A PROHIBITION ON THE WEARING OF WRISTWATCHES AND
OTHER JEWELRY, AND A PROHIBITION ON THE WEARING OF COATS OR JACKETS
WHILE PROVIDING TREATMENT TO PATIENTS;
(B) THE ADOPTION OF A NO NECKTIES POLICY;
(C) THE PROVISION OF EDUCATION AND INSTRUCTION TO PATIENTS AND HEALTH
CARE PRACTITIONERS ON HOW ENHANCED SANITARY AND HYGIENIC POLICIES,
INCLUDING THE USE OF HYGIENIC HEALTH CARE PRACTITIONER CLOTHING, ATTIRE
AND A DRESS CODE, CAN HELP TO REDUCE THE RISK OF CROSS-INFECTION;
(D) ENCOURAGING HEALTH CARE FACILITIES TO PROVIDE ADEQUATE SUPPLIES OF
CLEAN SCRUBS, OTHER ARTICLES OF CLOTHING AND HEALTH CARE FACILITY IDEN-
TIFICATION TAGS TO HEALTH CARE PRACTITIONERS TO ENSURE FREQUENT CHANGES
THEREOF;
(E) ENCOURAGING HEALTH CARE FACILITIES TO PROVIDE ON-SITE LAUNDRY
SERVICES AND CHANGING ROOMS, AND INSTRUCTION ON HOW TO APPROPRIATELY
WASH CLOTHING WORN BY HEALTH CARE PRACTITIONERS;
(F) THE WEARING OF PLASTIC APRONS AND DOUBLE GLOVES BY HEALTH CARE
PRACTITIONERS DURING THE TREATMENT OF PATIENTS;
(G) THE ADOPTION OF A PROHIBITION ON THE WEARING OUTSIDE OF A HEALTH
CARE FACILITY BY HEALTH CARE PRACTITIONERS OF CLOTHING WORN DURING
TREATMENT OF PATIENTS; AND
(H) CONSIDERATION OF ALTERATIONS IN MEDICAID AND PRIVATE PAYOR
REIMBURSEMENT RATES AND PRACTICES TO ENCOURAGE MORE OPTIMUM SANITARY AND
HYGIENIC CONDITIONS IN HEALTH CARE FACILITIES.
4. HEALTH CARE PRACTITIONER HYGIENIC RESOURCE CENTERS. THE COMMISSION-
ER, IN CONSULTATION WITH THE COUNCIL, MAY DESIGNATE A HEALTH CARE PRAC-
TITIONER HYGIENIC RESOURCE CENTER OR CENTERS. SUCH RESOURCE CENTER MAY
BE STATEWIDE OR REGIONAL, AND SHALL ACT AS A SOURCE OF TECHNICAL
SUPPORT, INFORMATION AND GUIDANCE FOR HEALTH CARE PRACTITIONERS AND
HEALTH CARE FACILITIES ON THE LATEST STRATEGIES AND BEST PRACTICES WITH
REGARD TO ESTABLISHING SANITARY AND HYGIENIC CONDITIONS FOR THE TREAT-
MENT OF PATIENTS. THE DEPARTMENT, IN CONSULTATION WITH THE COUNCIL, MAY
CONTRACT WITH NOT-FOR-PROFIT ORGANIZATIONS OR ASSOCIATIONS TO ESTABLISH
AND MANAGE SUCH RESOURCE CENTERS. SUCH RESOURCE CENTERS MAY CHARGE A FEE
TO HELP OFFSET THE COST OF PROVIDING SUCH SERVICES.
5. CONTINUING EDUCATION FOR HEALTH CARE PRACTITIONERS. THE COUNCIL, IN
CONSULTATION WITH THE DEPARTMENT, THE EDUCATION DEPARTMENT AND HEALTH
CARE PRACTITIONER PROFESSIONAL ORGANIZATIONS, SHALL DEVELOP, COMPILE AND
PUBLISH INFORMATION AND COURSE MATERIALS ON SANITARY AND HYGIENIC PRAC-
TICES THAT SHOULD BE FOLLOWED BY HEALTH CARE PRACTITIONERS AND HEALTH
CARE FACILITIES TO MITIGATE AND ELIMINATE THE SPREAD OF DISEASE,
INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC BY
MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE FACILITY IDENTIFICATION
TAGS WORN BY HEALTH CARE PRACTITIONERS AND THE CLEANING PERSONNEL OF
SUCH FACILITIES. IN ADDITION, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF
THIS TITLE, THE COUNCIL SHALL MAKE RECOMMENDATIONS TO THE EDUCATION
DEPARTMENT FOR THE COURSE WORK, TRAINING AND CURRICULUM TO BE INCLUDED
IN THE CONTINUING EDUCATION ON THE BEST PRACTICES, STRATEGIES AND
APPROACHES RELATED TO MITIGATING AND ELIMINATING THE SPREAD OF DISEASE,
INFECTION AND BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN
HEALTH CARE FACILITIES BY MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE
FACILITY IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITIONERS AND THE
CLEANING PERSONNEL OF SUCH FACILITIES.
6. REPORT. ON OR BEFORE MARCH FIRST OF EACH EVEN NUMBERED YEAR, THE
COUNCIL SHALL SUBMIT TO THE GOVERNOR, THE COMMISSIONER, THE COMMISSIONER
A. 7845--B 4
OF EDUCATION, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON HEALTH
A REPORT ON ITS ACTIVITIES AND ACCOMPLISHMENTS PURSUANT TO THIS ARTICLE
RELATING TO SANITARY AND HYGIENIC CONDITIONS IN HEALTH CARE FACILITIES.
SUCH REPORT MAY ALSO INCLUDE SUCH LEGISLATIVE PROPOSALS AS IT DEEMS
NECESSARY TO MORE EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 2. Paragraphs b and c of subdivision 3 of section 6507 of the educa-
tion law, as added by chapter 987 of the laws of 1971, are amended and a
new paragraph d is added to read as follows:
b. Review qualifications in connection with licensing requirements;
[and]
c. Provide for licensing examinations and reexaminations[.]; AND
D. (I) ESTABLISH STANDARDS FOR CONTINUING EDUCATION FOR HEALTH CARE
PRACTITIONERS ON THE BEST PRACTICES, STRATEGIES AND APPROACHES RELATED
TO MITIGATING AND ELIMINATING THE SPREAD OF DISEASE, INFECTION AND
BACTERIA TO PATIENTS, VISITORS AND THE GENERAL PUBLIC IN HEALTH CARE
FACILITIES BY MEANS OF THE CLOTHING, JEWELRY AND HEALTH CARE FACILITY
IDENTIFICATION TAGS WORN BY HEALTH CARE PRACTITIONERS AND THE CLEANING
PERSONNEL OF SUCH FACILITIES. IN PROMULGATION OF SUCH STANDARDS, THE
DEPARTMENT AND THE APPROPRIATE BOARD OF EACH SUCH PROFESSION SHALL
CONSIDER AND, TO THE EXTENT PRACTICABLE, IMPLEMENT THE RECOMMENDATIONS
OF THE STATE HEALTH CARE PRACTITIONER HYGIENIC DRESS CODE COUNCIL.
(II) FOR THE PURPOSES OF THIS PARAGRAPH:
(A) "HEALTH CARE FACILITY" SHALL MEAN AND INCLUDE A HOSPITAL AND A
RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND ANY SETTING IN WHICH A HEALTH
CARE PRACTITIONER REGULARLY PRACTICES HIS OR HER PROFESSION.
(B) "HEALTH CARE PRACTITIONER" SHALL MEAN ANY PERSON LICENSED AS A
PHYSICIAN PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE,
PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THIS TITLE, NURSE PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THIS TITLE, OR MIDWIFE PURSUANT TO ARTICLE ONE
HUNDRED FORTY OF THIS TITLE.
S 3. Section 2343 of the insurance law is amended by adding a new
subsection (f) to read as follows:
(F) THE SUPERINTENDENT SHALL APPROVE AND IMPLEMENT PROGRAMS TO ENCOUR-
AGE HEALTH CARE PROVIDERS, HEALTH CARE FACILITIES AND MEDICAL MALPRAC-
TICE INSURERS TO PARTICIPATE IN HEALTH CARE PROVIDER HYGIENIC DRESS CODE
PROGRAMS. SUCH PROGRAMS MAY INCLUDE, BUT SHALL BE LIMITED TO, ENHANCED
COVERAGE LEVELS, REDUCTIONS IN DEDUCTIBLE LEVELS OR ACTUARIALLY APPRO-
PRIATE PREMIUM REDUCTION FOR INSURED HEALTH CARE PROVIDERS AND HEALTH
CARE FACILITIES WHICH HAVE IMPLEMENTED A SUCCESSFUL HEALTH CARE PRACTI-
TIONER DRESS CODE PROGRAM, PURSUANT TO TITLE SIX OF ARTICLE TWO OF THE
PUBLIC HEALTH LAW, WHICH IS APPROVED BY THE COMMISSIONER OF HEALTH.
S 4. Section 3436 of the insurance law, as added by chapter 266 of the
laws of 1986, is amended by adding a new subsection (f) to read as
follows:
(F) AN INSURER WHICH ISSUES POLICIES FOR PRIMARY LEVELS OF MEDICAL
MALPRACTICE INSURANCE SHALL UPON THE ISSUANCE OR RENEWAL THEREOF,
PROVIDE FOR PROGRAMS TO ENCOURAGE HEALTH CARE PROVIDERS, HEALTH CARE
FACILITIES AND MEDICAL MALPRACTICE INSURERS TO PARTICIPATE IN HEALTH
CARE PROVIDER HYGIENIC DRESS CODE PROGRAMS. SUCH PROGRAMS MAY INCLUDE,
BUT SHALL BE LIMITED TO, ENHANCED COVERAGE LEVELS, REDUCTIONS IN DEDUCT-
IBLE LEVELS OR ACTUARIALLY APPROPRIATE PREMIUM REDUCTION FOR INSURED
HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE IMPLEMENTED
A. 7845--B 5
A SUCCESSFUL HEALTH CARE PRACTITIONER DRESS CODE PROGRAM, PURSUANT TO
TITLE SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED BY
THE COMMISSIONER OF HEALTH.
S 5. Section 5505 of the insurance law is amended by adding a new
subsection (e) to read as follows:
(E) THE ASSOCIATION'S RATES, RATING PLANS AND RATING CLASSIFICATIONS
SHALL PROVIDE FOR PROGRAMS TO ENCOURAGE HEALTH CARE PROVIDERS, HEALTH
CARE FACILITIES AND MEDICAL MALPRACTICE INSURERS TO PARTICIPATE IN
HEALTH CARE PROVIDER HYGIENIC DRESS CODE PROGRAMS. SUCH PROGRAMS MAY
INCLUDE, BUT SHALL BE LIMITED TO, ENHANCED COVERAGE LEVELS, REDUCTIONS
IN DEDUCTIBLE LEVELS OR ACTUARIALLY APPROPRIATE PREMIUM DISCOUNTS FOR
HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES WHICH HAVE IMPLEMENTED
A SUCCESSFUL HEALTH CARE PRACTITIONER DRESS CODE PROGRAM, PURSUANT TO
TITLE SIX OF ARTICLE TWO OF THE PUBLIC HEALTH LAW, WHICH IS APPROVED BY
THE COMMISSIONER OF HEALTH.
S 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and section one of this
act shall expire and be deemed repealed January 1, 2021.