S T A T E O F N E W Y O R K
________________________________________________________________________
1570
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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Introduced by M. of A. MAGNARELLI, GALEF, BENEDETTO, BROOK-KRASNY,
COLTON, CAHILL, CLARK, JAFFEE -- Multi-Sponsored by -- M. of A. GLICK,
HOOPER, RIVERA, ROBINSON, SCARBOROUGH -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to establishing stan-
dards and programs relating to the prevention and/or reduction of the
incidence of hospital-acquired infections
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 two new sections
2819-a and 2819-b to read as follows:
S 2819-A. HOSPITAL-ACQUIRED INFECTION PREVENTION STANDARDS. 1. THE
COMMISSIONER SHALL PROMULGATE AND ADMINISTER REGULATIONS AND POLICIES
GOVERNING THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE OF
HOSPITAL-ACQUIRED INFECTIONS IN PATIENTS IN HOSPITALS AND RESIDENTIAL
HEALTH CARE FACILITIES, AND SUCH RULES AND REGULATIONS AS HE OR SHE MAY
DEEM APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
2. THE DEPARTMENT SHALL ESTABLISH REGULATORY STANDARDS, INCLUDING, BUT
NOT LIMITED TO QUALITY CONTROL, EDUCATIONAL AND TRAINING STANDARDS,
REGARDING THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE OF
HOSPITAL-ACQUIRED INFECTIONS. THESE STANDARDS SHALL BE CONSISTENT WITH
THE RECOMMENDATIONS OF RECOGNIZED CENTERS OF EXPERTISE IN THE IDENTIFI-
CATION AND PREVENTION OF HOSPITAL-ACQUIRED INFECTIONS INCLUDING, BUT NOT
LIMITED TO THE NATIONAL HEALTH CARE SAFETY NETWORK OF THE CENTERS FOR
DISEASE CONTROL AND PREVENTION OR ITS SUCCESSOR. THE DEPARTMENT SHALL
ALSO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTI-
TUTIONS AND THOSE WITH EXPERTISE IN INFECTION CONTROL WITH RESPECT TO
THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION, AND SHALL
PROMULGATE SUCH REGULATIONS IN CONSULTATION WITH THE DEPARTMENT OF
EDUCATION. THE DEPARTMENT SHALL SOLICIT AND CONSIDER PUBLIC COMMENT
PRIOR TO SUCH ESTABLISHMENT OF SUCH STANDARDS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01652-01-5
A. 1570 2
3. WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DEPARTMENT ESTABLISHES THE
STANDARDS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EACH GENERAL
HOSPITAL SHALL DEVELOP, ADOPT, IMPLEMENT AND MAINTAIN A COORDINATED PLAN
TO PREVENT AND/OR REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS
IN COMPLIANCE WITH THE DEPARTMENT REGULATIONS. SUCH PLAN SHALL PROVIDE
FOR THE FOLLOWING, AT A MINIMUM:
(A) DEPARTMENTAL STANDARDS FOR THE PREVENTION OF AND/OR THE REDUCTION
IN THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS;
(B) MANDATORY EDUCATIONAL AND TRAINING PROGRAMS FOR EMPLOYEES DEALING
WITH THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE OF HOSPI-
TAL-ACQUIRED INFECTIONS;
(C) THE ESTABLISHMENT OF A QUALITY ASSURANCE COMMITTEE WITH THE
RESPONSIBILITY TO REVIEW SERVICES RENDERED IN THE HOSPITAL IN ORDER TO
IMPROVE THE QUALITY OF INFECTION PREVENTION AND REDUCTION MEASURES. SUCH
COMMITTEE SHALL OVERSEE AND COORDINATE THE PROGRAM AND SHALL INSURE THAT
INFORMATION GATHERED PURSUANT TO THE PROGRAM IS UTILIZED TO REVIEW AND
TO REVISE HOSPITAL POLICIES AND PROCEDURES. AT LEAST ONE MEMBER OF THE
COMMITTEE SHALL BE A MEMBER OF THE GOVERNING BOARD OF THE HOSPITAL WHO
IS NOT OTHERWISE AFFILIATED WITH THE HOSPITAL IN AN EMPLOYMENT OR
CONTRACTUAL CAPACITY;
(D) THE PERIODIC REVIEW AND THE REVIEW AS OTHERWISE WARRANTED IN
SPECIFIC INSTANCES AND CIRCUMSTANCES OF THE EFFECTIVENESS OF MEASURES
DESIGNED TO PREVENT AND/OR REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED
INFECTIONS; AND
(E) POLICIES TO ENSURE COMPLIANCE WITH THE REPORTING REQUIREMENTS OF
SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS ARTICLE.
4. REGULATIONS UNDER THIS SECTION SHALL INCLUDE STANDARDS TO ASSURE
THE PROTECTION OF PATIENT PRIVACY IN DATA COLLECTED AND RELEASED UNDER
THIS SECTION.
5. FOR THE PURPOSES OF THIS SECTION, "HOSPITAL-ACQUIRED INFECTION"
SHALL MEAN ANY LOCALIZED OR SYSTEMIC PATIENT CONDITION THAT:
(A) RESULTED FROM THE PRESENCE OF AN INFECTIOUS AGENT OR AGENTS, OR
ITS TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAMINATION OR BY LABORA-
TORY TESTING; AND
(B) WAS NOT FOUND TO BE PRESENT OR INCUBATING AT THE TIME OF ADMISSION
UNLESS THE INFECTION WAS RELATED TO A PREVIOUS ADMISSION.
S 2819-B. EDUCATION AND TRAINING PROGRAMS IN INFECTION CONTROL PRAC-
TICES FOR STERILE PROCESSING PROFESSIONALS. 1. FOR THE PURPOSES OF THIS
SECTION:
(A) "HOSPITAL-ACQUIRED INFECTION" SHALL MEAN ANY LOCALIZED OR SYSTEMIC
PATIENT CONDITION THAT: (I) RESULTED FROM THE PRESENCE OF AN INFECTIOUS
AGENT OR AGENTS, OR ITS TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAM-
INATION OR BY LABORATORY TESTING; AND (II) WAS NOT FOUND TO BE PRESENT
OR INCUBATING AT THE TIME OF ADMISSION UNLESS THE INFECTION WAS RELATED
TO A PREVIOUS ADMISSION; AND
(B) "STERILE PROCESSING PROFESSIONALS" SHALL MEAN PERSONNEL PERFORMING
CLEANING, DISINFECTION, STERILIZATION AND INVENTORY MANAGEMENT ACTIV-
ITIES IN THE HOSPITAL SETTING.
2. EACH GENERAL HOSPITAL SHALL:
(A) ENSURE THAT ALL STERILE PROCESSING PROFESSIONALS EMPLOYED BY THE
HOSPITAL SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND SEVENTEEN AND
EVERY FOUR YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAINING IN TECH-
NIQUES TO PREVENT OR REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED
INFECTIONS, APPROPRIATE TO THE PROFESSIONAL'S PRACTICE AND APPROVED BY
THE DEPARTMENT IN ACCORDANCE WITH THE REGULATORY STANDARDS PROMULGATED
BY THE DEPARTMENT; AND
A. 1570 3
(B) CERTIFY SO TO THE DEPARTMENT. 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 TRAINING DEEMED BY THE DEPARTMENT TO BE
EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING APPROVED BY THE
DEPARTMENT PURSUANT TO THIS SECTION.
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 or repeal of any rule or regulation neces-
sary 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.