senate Bill S831

2013-2014 Legislative Session

Establishes integrated pest management requirements for hospitals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Jan 09, 2013 referred to health

Co-Sponsors

S831 - Bill Details

See Assembly Version of this Bill:
A5651
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §2803-t, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5575, A4352
2009-2010: A1594

S831 - Bill Texts

view summary

Establishes integrated pest management requirements for hospitals including a requirement that all hospitals have pest management plans for pest control activities; makes related provisions.

view sponsor memo
BILL NUMBER:S831

TITLE OF BILL:
An act
to amend the public health law, in relation to integrated pest
management requirements for hospitals

PURPOSE OR GENERAL IDEA OF THE BILL:
The bill establishes requirements for integrated pest management plans
for hospitals and requirements for notification of hospital occupants
about pesticide applications.

SUMMARY OF PROVISIONS:
The bill adds new Public Health Law § 2803-t to establish requirements
for hospitals to adopt integrated pest management (IPM) plans, which
must be evaluated annually and updated at least every three years. The
bill also requires that all pesticide applications be conducted by
certified commercial pesticide applicators.

Hospitals would be responsible for prominently posting information in
advance about each pesticide application, which must remain posted
for at least 48 hours. If hospitals apply pesticides to grounds, turf
or trees, visual notification markers must be posted around the
treated area.

JUSTIFICATION:
Patients in hospitals are particularly vulnerable to exposure to
harmful chemicals. Currently there are no specific requirements for
pesticide applications in hospitals. The bill requires the use of IPM
techniques, utilizing numerous preventive activities in place of
pesticides, and only as a last resort authorizes the least toxic
pesticides to be used.
This requirement should reduce the amount of pesticide used in
hospitals and therefore reduce exposures.

Posting notices of indoor pesticide applications should reduce
exposures to patients, visitors and staff within hospitals or on
outdoor property associated with hospitals. Use of fully certified
pesticide applicators, rather than persons working under the
supervision of certified applicators, should ensure better quality of
such activities. The overall impact of the legislation will be to
eliminate or minimize exposure to pesticides for' patients, staff and
others. The posted notice will afford persons in hospitals which are
to receive pesticide applications to take precautions to avoid
exposure to harmful chemicals.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.5575/A.43S2 - Died in Health
2009-10: A.1594 Passed Assembly
2007-08: A.849 Reported
2005-06: A.2267 Referred to Health (A.4521)
02/19/03 Referred to Health (A.4521)
2001-02: A.10264

FISCAL IMPLICATIONS:


There may be some nominal costs associated with outdoor posting of
pesticide applications in state facilities.

EFFECTIVE DATE:
The Act shall take effect 180 days after the date of enactment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   831

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  integrated  pest
  management requirements for hospitals

  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
2803-t to read as follows:
  S  2803-T.  INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR HOSPITALS.  1.
FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED:
  (A) "INTEGRATED PEST MANAGEMENT" MEANS A DECISION-MAKING  PROCESS  FOR
PEST  CONTROL  THAT UTILIZES REGULAR MONITORING TO DETERMINE IF AND WHEN
CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,  BIOLOGICAL
AND EDUCATIONAL TACTICS TO CONTROL CONDITIONS THAT PROMOTE PEST INFESTA-
TIONS  AND  TO  KEEP  PEST  POPULATIONS AT TOLERABLE DAMAGE OR ANNOYANCE
LEVELS; AND ONLY  AS  A  LAST  RESORT,  UTILIZES  LEAST-TOXIC  PESTICIDE
CONTROLS.  THE OVERALL GOALS OF INTEGRATED PEST MANAGEMENT ARE TO ELIMI-
NATE THE UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL  PESTI-
CIDES.
  (B) "FACILITIES" MEANS HOSPITAL BUILDINGS, LAND AND OTHER APPURTENANC-
ES.
  2.  TO  ENSURE  THAT  HOSPITALS  ARE SAFE AND HEALTHY ENVIRONMENTS FOR
PATIENTS, VISITORS AND  HOSPITAL  STAFF  MEMBERS,  CERTAIN  REQUIREMENTS
SHALL BE PLACED ON PESTICIDE USE IN HOSPITAL FACILITIES.
  (A)  EACH  HOSPITAL  SHALL  HAVE  A  PEST MANAGEMENT PLAN FOR ALL PEST
CONTROL ACTIVITIES. SUCH PLAN SHALL UTILIZE INTEGRATED  PEST  MANAGEMENT
TECHNIQUES  TO  MANAGE  AND  CONTROL PESTS AND PROBLEMS. EACH INTEGRATED
PEST MANAGEMENT PLAN SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO  ALL
INFORMATION  ABOUT  THE IMPLEMENTATION OF THE PLAN. HOSPITALS MAY ESTAB-
LISH ADVISORY COMMITTEES TO ASSIST IN THE DEVELOPMENT OF INTEGRATED PEST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02891-01-3

S. 831                              2

MANAGEMENT PLANS, AND TO MONITOR THE IMPLEMENTATION OF  SUCH  PLANS.  NO
HOSPITAL  SHALL  CONDUCT  OR HAVE CONDUCTED ANY PESTICIDE APPLICATION TO
ITS FACILITIES WHICH IS  PREVENTATIVE  IN  NATURE  AND  WHICH  DOES  NOT
RESPOND TO A VERIFIABLE PEST PROBLEM.
  (B)  EACH HOSPITAL SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALU-
ATION OF THE IMPLEMENTATION OF ITS INTEGRATED PEST  MANAGEMENT  PLAN  TO
THE  DEPARTMENT. EVERY HOSPITAL SHALL UPDATE ITS INTEGRATED PEST MANAGE-
MENT PLAN AT LEAST ONCE EVERY THREE YEARS.
  (C) EVERY PESTICIDE  APPLICATION  AT  A  HOSPITAL  FACILITY  SHALL  BE
CONDUCTED BY A CERTIFIED COMMERCIAL PESTICIDE APPLICATOR. NO SUCH APPLI-
CATION  SHALL  BE  CONDUCTED  BY A PERSON NOT SO CERTIFIED REGARDLESS OF
WHETHER SUCH PERSON IS WORKING UNDER THE DIRECT SUPERVISION OF A  CERTI-
FIED COMMERCIAL PESTICIDE APPLICATOR.
  (D)  A  NOTICE  OF  PESTICIDE  APPLICATION AND A COPY OF THE PESTICIDE
LABEL SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A  BUILDING  WHICH
IS TO RECEIVE A PESTICIDE APPLICATION. SUCH COMMON AREA SHALL BE READILY
ACCESSIBLE  TO  ALL  PERSONS  IN THE BUILDING. SUCH NOTICE AND PESTICIDE
LABEL SHALL REMAIN POSTED FOR NOT LESS THAN FORTY-EIGHT HOURS  FOLLOWING
THE  PESTICIDE  APPLICATION.  THE  NOTICE OF PESTICIDE APPLICATION SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE  NAME  AND  TELEPHONE  NUMBER  OF  A
HOSPITAL  EMPLOYEE OR CONTACT PERSON WHO SHALL PROVIDE DETAILED INFORMA-
TION ON THE PESTICIDE APPLICATION. A COPY OF THE PESTICIDE  LABEL  SHALL
BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN TWENTY-FOUR
HOURS OF SUCH REQUEST.
  (E)  WHEN  PESTICIDES  ARE APPLIED TO HOSPITAL GROUNDS, TURF, TREES OR
SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED BY SECTION  33-1003  OF
THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY
FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.