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

                                  1240

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. CAHILL, BENEDETTO, CASTRO, MAISEL, MARKEY, MILL-
  ER, ROBINSON, MONTESANO, SALADINO, HOOPER -- Multi-Sponsored by --  M.
  of  A.  BRENNAN, GABRYSZAK, GALEF, GLICK, JACOBS, KOLB, LUPARDO, SCAR-
  BOROUGH, WEISENBERG -- read once and  referred  to  the  Committee  on
  Health

AN  ACT  to  amend  the  public health law, in relation to requiring the
  commissioner of health to develop and implement a system  for  uniform
  patient safety

  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 23
to read as follows:
  S 23. UNIFORM PATIENT SAFETY. 1. THE COMMISSIONER SHALL, IN  CONSULTA-
TION  WITH STATEWIDE ORGANIZATIONS REPRESENTATIVE OF PROVIDERS OF HOSPI-
TAL AND HEALTH-RELATED SERVICES, DEVELOP  AND  IMPLEMENT  A  SYSTEM  FOR
COLOR-CODING STANDARDIZATION OF MEDICAL SAFETY CONDITIONS FOR USE IN ALL
HEALTH  CARE FACILITIES. THE COMMISSIONER SHALL, ON OR AFTER JULY FIRST,
TWO THOUSAND FIFTEEN, DEVELOP SUCH UNIFORM PATIENT SAFETY CONDITIONS  BY
STANDARDIZING  THE  COLOR-CODING  OF  PATIENT  WRIST BANDS AND PROVIDING
HOSPITALS, HEALTH CARE PROVIDERS, RESIDENTIAL HEALTH CARE FACILITIES AND
NURSING HOMES IN THIS STATE WITH  A  PATIENT  STANDARDIZATION  WHICH  IS
UNIFORM  IN  RELATION TO HEALTH-RELATED SERVICES. THE COMMISSIONER SHALL
ESTABLISH AND IMPLEMENT THE UNIFORMITY OF ALL PATIENT SAFETY THROUGH THE
PROMULGATION OF RULES  AND  REGULATIONS  AND  FURTHER  PROVIDE  FOR  THE
SYSTEMATIC  AND  STANDARD  APPLICATION  OF  A COLOR SYSTEM TO AID IN THE
CLASSIFICATION AND IDENTIFICATION OF SAFETY  CONDITIONS  INCLUDING,  BUT
NOT  LIMITED TO, A DO NOT RESUSCITATE ORDER, ALLERGIES, FALL RISK OF THE
PATIENT, ELOPEMENT AND CHOKING PRECAUTIONS.
  2. FOR THE PURPOSES OF THIS SECTION, "ELOPEMENT" MEANS THAT A  PATIENT
(A) HAS LEFT THE HOSPITAL, HEALTH CARE FACILITY, RESIDENTIAL HEALTH CARE

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

                                                           LBD03611-01-3

A. 1240                             2

FACILITY  OR  NURSING  HOME,  OR  THE COMPANY OF STAFF, WITHOUT AUTHORI-
ZATION; OR (B) HAS LEFT THE HOSPITAL, HEALTH CARE FACILITY,  RESIDENTIAL
HEALTH  CARE  FACILITY OR NURSING HOME WITH AUTHORIZATION BUT HAS FAILED
TO  RETURN  TO SUCH FACILITY LATER THAN THIRTY MINUTES BEYOND THE DESIG-
NATED TIME.
  S 2. This act shall take effect July 1, 2015; provided, however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.