S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5461
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
   of A. ABINANTI, CYMBROWITZ -- read once and referred 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-v to read as follows:
   § 2803-V. 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.
              

                                                            LBD03072-01-7

 A. 5461                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.