Senate Bill S8185A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8185--A
     Cal. No. 1502
 
                             I N  S E N A T E
 
                              April 16, 2018
                                ___________
 
 Introduced  by  Sens. FUNKE, ROBACH, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  reported  favorably  from said committee, ordered to first report,
   amended on first report,  ordered  to  a  second  report  and  ordered
   reprinted, retaining its place in the order of second report

 AN  ACT to amend the public health law, in relation to the employment of
   persons to function as infection  preventionists  in  certain  general
   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
 2827 to read as follows:
   § 2827. INFECTION PREVENTIONISTS. 1. FOR THE PURPOSES OF THIS SECTION,
 THE TERMS:
   (A)  "INFECTION  PREVENTIONIST"  SHALL  MEAN  A PERSON DESIGNATED BY A
 GENERAL HOSPITAL  TO  IDENTIFY  INFECTIOUS  DISEASE  PROCESSES,  CONDUCT
 SURVEILLANCE  AND  EPIDEMIOLOGIC  INVESTIGATIONS,  AND  DEVELOP PLANS TO
 PREVENT AND CONTROL THE TRANSMISSION OF INFECTIOUS AGENTS WITHIN GENERAL
 HOSPITALS.
   (B) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED  OR  CERTI-
 FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
   2.  A  PERSON  SHALL  NOT  FUNCTION AS AN INFECTION PREVENTIONIST IN A
 GENERAL HOSPITAL AND A GENERAL HOSPITAL SHALL NOT  EMPLOY  OR  OTHERWISE
 CONTRACT  FOR  THE  SERVICES  OF  AN INFECTION PREVENTIONIST UNLESS SUCH
 PERSON MEETS ONE OF THE FOLLOWING:
   (A) (I) HAS SUCCESSFULLY PASSED AN EXAM FROM A  NATIONALLY  ACCREDITED
 INFECTION  PREVENTION  AND EPIDEMIOLOGY ACCREDITING ORGANIZATION SUCH AS
 THE CERTIFICATION BOARD OF INFECTION CONTROL AND EPIDEMIOLOGY, INC.; AND
 (II) HOLDS AND  MAINTAINS  CERTIFICATION  IN  INFECTION  PREVENTION  AND
 CONTROL (CIC); OR
   (B)  PROVIDES  EVIDENCE  THAT  SUCH  PERSON  WAS EMPLOYED OR OTHERWISE
 CONTRACTED FOR THE SERVICES AS AN INFECTION PREVENTIONIST IN  A  GENERAL
 HOSPITAL  FOR  A  CUMULATIVE  PERIOD  OF ONE YEAR, OCCURRING WITHIN FOUR
 YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTH-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15185-02-8

 S. 8185--A                          2
 
 ERANCE OF THIS PARAGRAPH, ANY CONTRACTOR OR EMPLOYER  OF  PERSONS  FUNC-
 TIONING  AS  AN  INFECTION  PREVENTIONIST  ON THE EFFECTIVE DATE OF THIS
 SECTION SHALL CONFIRM IN WRITING TO EACH EMPLOYEE OR CONTRACTOR  HIS  OR
 HER  EMPLOYMENT  IN A CAPACITY FUNCTIONING AS AN INFECTION PREVENTIONIST
 IN A GENERAL HOSPITAL AS OF THE EFFECTIVE DATE OF THIS SECTION; OR
   (C) IS A STUDENT OR INTERN PERFORMING THE FUNCTIONS  OF  AN  INFECTION
 PREVENTIONIST  IF SUCH STUDENT OR INTERN IS UNDER THE DIRECT SUPERVISION
 OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL AND IS
 FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAINING.
   3. AN INFECTION PREVENTIONIST WHO DOES NOT MEET  THE  REQUIREMENTS  OF
 PARAGRAPH  (B)  OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE THIRTY-SIX
 MONTHS FROM THE DATE OF  HIRE  TO  OBTAIN  THE  INFECTION  PREVENTIONIST
 CREDENTIAL OUTLINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
   4.  A  GENERAL HOSPITAL MAY EMPLOY OR OTHERWISE CONTRACT WITH A PERSON
 WHO DOES NOT MEET THE CERTIFICATION REQUIREMENTS REQUIRED ABOVE TO FUNC-
 TION AS AN INFECTION PREVENTIONIST IN A GENERAL HOSPITAL IF:
   (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, IF SUCH GENER-
 AL HOSPITAL IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER  OF
 QUALIFIED  INFECTION  PREVENTIONISTS  WHO  MEET THE REQUIREMENTS OF THIS
 SECTION;
   (B) SUCH GENERAL HOSPITAL MAKES A WRITTEN RECORD OF  ITS  EFFORTS  AND
 RETAINS SUCH RECORD AT THE GENERAL HOSPITAL; AND
   (C)  THE  PERSON OBTAINS A CIC CREDENTIAL AS OUTLINED IN PARAGRAPH (A)
 OF SUBDIVISION TWO OF THIS SECTION, WITHIN THREE YEARS OF THE  START  OF
 EMPLOYMENT  OR  CONTRACTING FOR THE PERFORMANCE OF INFECTION PREVENTION-
 ISTS DUTIES.
   5. A GENERAL HOSPITAL THAT EMPLOYS  OR  CONTRACTS  WITH  AN  INFECTION
 PREVENTIONIST  SHALL,  UPON REQUEST OF ANOTHER GENERAL HOSPITAL, OR UPON
 REQUEST OF AN INFECTION PREVENTIONIST EMPLOYED BY, FORMERLY EMPLOYED  BY
 OR  CONTRACTED  TO PERFORM AS AN INFECTION PREVENTIONIST AT SUCH GENERAL
 HOSPITAL, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF SUCH PERSON.
   6. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE  PROFESSIONAL
 FROM  PERFORMING AN INFECTION PREVENTIONISTS' TASKS OR FUNCTIONS IF SUCH
 PERSON IS ACTING WITHIN THE SCOPE OF HIS OR  HER  PRACTICE.  NOTHING  IN
 THIS  SECTION  SHALL  MEAN  THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO
 TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS  LIMITED
 TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
   7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
 APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.