S T A T E O F N E W Y O R K
________________________________________________________________________
5786
2019-2020 Regular Sessions
I N A S S E M B L Y
February 19, 2019
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Introduced by M. of A. ENGLEBRIGHT, STECK -- Multi-Sponsored by -- M. of
A. WEPRIN -- read once and referred to the Committee on Economic
Development
AN ACT to amend the general business law, in relation to requiring
master plumbers engaged in the installation, repair or maintenance of
medical gas piping or engaged in the instruction to be licensed by the
department of state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
28-G to read as follows:
ARTICLE 28-G
MEDICAL GAS PIPING
SECTION 495. DEFINITIONS.
495-A. LICENSE REQUIRED.
495-B. POWERS OF THE SECRETARY OF STATE.
495-C. LICENSE; MEDICAL GAS PIPING INSTALLATION AND MAINTENANCE.
495-D. LICENSE; MEDICAL GAS PIPING INSTRUCTION.
495-E. VIOLATIONS.
495-F. TRANSITION PROVISIONS.
§ 495. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT
REQUIRES OTHERWISE:
1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
2. "MEDICAL GAS PIPING" MEANS MEDICAL GAS PIPING WITHIN ANY HEALTH
CARE FACILITY LICENSED PURSUANT TO THE PUBLIC HEALTH LAW, AND LOCATED
AFTER THE SOURCE VALVE AND INTENDED FOR PATIENT USE.
3. "SECRETARY" MEANS THE SECRETARY OF STATE.
§ 495-A. LICENSE REQUIRED. 1. NO PERSON SHALL ENGAGE IN THE INSTALLA-
TION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING UNLESS HE
OR SHE HAS BEEN ISSUED A LICENSE THEREFOR PURSUANT TO THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09750-01-9
A. 5786 2
2. NO PERSON SHALL PROVIDE INSTRUCTION REGARDING THE INSTALLATION,
IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING UNLESS HE OR
SHE HAS BEEN ISSUED A LICENSE THEREFOR PURSUANT TO THIS ARTICLE.
§ 495-B. POWERS OF THE SECRETARY OF STATE. IN ADDITION TO THE POWERS
AND DUTIES PROVIDED ELSEWHERE IN THIS ARTICLE, THE SECRETARY SHALL HAVE
THE POWER TO:
1. APPOINT A SUFFICIENT NUMBER OF ASSISTANTS, INSPECTORS AND OTHER
EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE AND TO PRESCRIBE THEIR DUTIES;
2. EXAMINE THE QUALIFICATIONS AND FITNESS OF APPLICANTS FOR LICENSES
AND PROSPECTIVE APPLICANTS THEREFOR;
3. KEEP RECORDS OF ALL LICENSES ISSUED, SUSPENDED OR REVOKED, AND
ORDERS DIRECTING THE CESSATION OF UNLICENSED ACTIVITIES; AND
4. ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS ARTICLE.
§ 495-C. LICENSE; MEDICAL GAS PIPING INSTALLATION AND MAINTENANCE. 1.
EVERY PERSON TO ENGAGE IN THE INSTALLATION, IMPROVEMENT, REPAIR OR MAIN-
TENANCE OF MEDICAL GAS PIPING SHALL MAKE APPLICATION TO THE SECRETARY
FOR A LICENSE THEREFOR. SUCH APPLICATION SHALL BE IN A FORM AND MANNER
PRESCRIBED BY THE SECRETARY AND SHALL CONTAIN SUCH INFORMATION AS, IN
THE SECRETARY'S JUDGMENT, IS REASONABLE AND NECESSARY TO DETERMINE THE
QUALIFICATION AND FITNESS FOR LICENSING OF THE APPLICANT.
2. EVERY APPLICANT FOR A LICENSE TO ENGAGE IN THE INSTALLATION,
IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING SHALL BE OF
GOOD MORAL CHARACTER AND SHALL PROVIDE EVIDENCE TO THE SECRETARY THAT HE
OR SHE:
A. (1) IS A MASTER PLUMBER, OR A JOURNEYMAN PLUMBER WHO HAS SUCCESS-
FULLY COMPLETED AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE
FEDERAL DEPARTMENT OF LABOR,
(2) IS AN APPRENTICE PLUMBER WHO HAS SUCCESSFULLY COMPLETED NOT LESS
THAN THREE YEARS OF AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY
THE FEDERAL DEPARTMENT OF LABOR,
(3) IS A PIPE FITTER OR STEAM FITTER EMPLOYED BY A PLUMBING CONTRAC-
TOR, OR
(4) IS CERTIFIED IN HIS OR HER AREA OF EXPERTISE IN ACCORDANCE WITH
THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS;
B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN THIRTY-TWO HOURS OF CLASS-
ROOM TRAINING RELATING TO THE MOST RECENT EDITION OF THE STANDARD ON GAS
AND VACUUM SYSTEMS ISSUED BY THE NATIONAL FIRE PROTECTION ASSOCIATION;
AND
C. (1) HAS PASSED AN EXAMINATION OFFERED BY THE NATIONAL INSPECTION
TESTING AND CERTIFICATION CORPORATION OR ANY SUBSTANTIALLY EQUIVALENT
EXAMINATION APPROVED BY THE SECRETARY, THAT DEMONSTRATES THE APPLICANT'S
COMPETENCE TO INSTALL, IMPROVE, REPAIR OR MAINTAIN MEDICAL GAS PIPING,
(2) HAS PASSED AN EXAMINATION AS A BRAZER OFFERED BY THE AMERICAN
WELDING SOCIETY, AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN
THE INSTALLATION OF MEDICAL GAS PIPING APPROVED BY A MAJOR MEDICAL GAS
PRODUCER, OR
(3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE AMERICAN SOCIETY
OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS TO BE PERFORMED.
3. ANY PERSON WHO WILL ENGAGE ONLY IN BRAZING INCIDENTAL TO THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING
SHALL BE LICENSED BY THE DEPARTMENT IF HE OR SHE IS OF GOOD MORAL CHAR-
ACTER AND PROVIDES EVIDENCE TO THE SECRETARY THAT HE OR SHE:
A. 5786 3
A. (1) IS A MASTER PLUMBER, OR A JOURNEYMAN PLUMBER WHO HAS SUCCESS-
FULLY COMPLETED AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE
FEDERAL DEPARTMENT OF LABOR,
(2) IS AN APPRENTICE PLUMBER WHO HAS SUCCESSFULLY COMPLETED NOT LESS
THAN THREE YEARS OF AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY
THE FEDERAL DEPARTMENT OF LABOR,
(3) IS A PIPE FITTER OR STEAM FITTER EMPLOYED BY A PLUMBING CONTRAC-
TOR, OR
(4) IS CERTIFIED IN HIS OR HER AREA OF EXPERTISE IN ACCORDANCE WITH
THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS;
B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN TWENTY HOURS OF CLASSROOM
TRAINING RELATING TO THE PERFORMANCE OF BRAZING DUTIES REQUIRED IN THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING;
AND
C. (1) HAS PASSED AN EXAMINATION OFFERED BY THE NATIONAL INSPECTION
TESTING AND CERTIFICATION CORPORATION OR ANY SUBSTANTIALLY EQUIVALENT
EXAMINATION APPROVED BY THE SECRETARY THAT DEMONSTRATES THE APPLICANT'S
COMPETENCE IN PERFORMING BRAZING INCIDENTAL TO THE INSTALLATION,
IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING,
(2) HAS PASSED AN EXAMINATION AS A BRAZER OFFERED BY THE AMERICAN
WELDING SOCIETY AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN THE
BRAZING OF MEDICAL GAS PIPING BY A MAJOR MEDICAL GAS PRODUCER, OR
(3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE AMERICAN SOCIETY
OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS TO BE PERFORMED.
§ 495-D. LICENSE; MEDICAL GAS PIPING INSTRUCTION. 1. EVERY PERSON TO
ENGAGE IN PROVIDING INSTRUCTION REGARDING THE INSTALLATION, IMPROVEMENT,
REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING SHALL MAKE APPLICATION TO
THE SECRETARY FOR A LICENSE THEREFOR. SUCH APPLICATION SHALL BE IN A
FORM AND MANNER PRESCRIBED BY THE SECRETARY AND SHALL CONTAIN SUCH
INFORMATION AS, IN THE SECRETARY'S JUDGMENT, IS REASONABLE AND NECESSARY
TO DETERMINE THE QUALIFICATIONS AND FITNESS FOR LICENSING OF THE APPLI-
CANT.
2. EVERY APPLICANT FOR A LICENSE TO PROVIDE INSTRUCTION REGARDING THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING
SHALL BE OF GOOD MORAL CHARACTER AND SHALL PROVIDE EVIDENCE TO THE
SECRETARY THAT HE OR SHE:
A. (1) IS A MASTER PLUMBER OR JOURNEYMAN PLUMBER, OR A PIPE FITTER OR
STEAM FITTER EMPLOYED BY A PLUMBING CONTRACTOR, OR
(2) HAS BEEN ACTIVELY ENGAGED IN THE PRACTICE OF INSTALLING MEDICAL
GAS PIPING, OR IS CERTIFIED IN HIS OR HER AREA OF EXPERTISE IN ACCORD-
ANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS FOR AT
LEAST FIVE CONSECUTIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A
LICENSE;
B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN FORTY HOURS OF INSTRUC-
TIONAL TRAINING IN THE FIELD OF MEDICAL GAS PIPING INSTALLATION,
IMPROVEMENT, REPAIR AND MAINTENANCE AS APPROVED BY THE SECRETARY; AND
C. (1) HAS PASSED AN EXAMINATION OFFERED BY THE NATIONAL INSPECTION
TESTING AND CERTIFICATION CORPORATION OR ANY SUBSTANTIALLY EQUIVALENT
EXAMINATION APPROVED BY THE SECRETARY THAT DEMONSTRATES THE APPLICANT'S
COMPETENCE TO TEACH IN THE FIELD OF MEDICAL GAS PIPING INSTALLATION,
IMPROVEMENT, REPAIR AND MAINTENANCE,
(2) HAS PASSED AN EXAMINATION AS A BRAZER OFFERED BY THE AMERICAN
WELDING SOCIETY AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN
INSTRUCTIONAL TRAINING APPROVED BY A MAJOR MEDICAL GAS PRODUCER, OR
(3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE AMERICAN SOCIETY
OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS BEING PERFORMED.
A. 5786 4
§ 495-E. VIOLATIONS. THE DEPARTMENT SHALL HAVE THE POWER TO REVOKE OR
SUSPEND ANY LICENSE, OR IN LIEU THEREOF TO IMPOSE A FINE NOT EXCEEDING
ONE THOUSAND DOLLARS PAYABLE TO THE DEPARTMENT, OR REPRIMAND ANY LICEN-
SEE OR DENY ANY APPLICATION FOR A LICENSE OR RENEWAL THEREOF UPON PROOF:
1. THAT THE APPLICANT OR LICENSEE HAS VIOLATED ANY OF THE PROVISIONS
OF THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO;
2. THAT THE APPLICANT OR LICENSEE HAS PRACTICED FRAUD, DECEIT OR
MISREPRESENTATION;
3. THAT THE APPLICANT OR LICENSEE HAS MADE A MATERIAL MISSTATEMENT IN
THE APPLICATION FOR OR RENEWAL OF HIS OR HER LICENSE; OR
4. THAT THE APPLICANT OR LICENSEE HAS DEMONSTRATED INCOMPETENCE OR
UNTRUSTWORTHINESS IN HIS OTHER ACTIONS.
§ 495-F. TRANSITION PROVISIONS. 1. ANY PERSON WHO HAS ENGAGED IN THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING
FOR NOT LESS THAN THREE CONSECUTIVE YEARS PRIOR TO THE EFFECTIVE DATE OF
THIS ARTICLE MAY BE LICENSED PURSUANT TO SECTION FOUR HUNDRED NINETY-
FIVE-C OF THIS ARTICLE IF SUCH PERSON HAS MET THE REQUIREMENTS OF PARA-
GRAPH C OF SUBDIVISION TWO OF SUCH SECTION WITHIN TWO YEARS OF THE
EFFECTIVE DATE OF THIS ARTICLE.
2. ANY PERSON WHO HAS ENGAGED ONLY IN BRAZING INCIDENTAL TO THE
INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING
FOR NOT LESS THAN THREE CONSECUTIVE YEARS PRECEDING THE EFFECTIVE DATE
OF THIS ARTICLE MAY BE LICENSED PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINETY-FIVE-C OF THIS ARTICLE IF SUCH PERSON HAS MET THE
REQUIREMENTS OF PARAGRAPH C OF SUCH SUBDIVISION WITHIN TWO YEARS OF THE
EFFECTIVE DATE OF THIS ARTICLE.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.