Senate Bill S5186B

2019-2020 Legislative Session

Relates to persons designated by a general hospital to identify infectious disease processes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2020	print number 5186b
Jan 23, 2020	amend and recommit to health
Jan 08, 2020	referred to health
Jun 20, 2019	committed to rules
May 22, 2019	amended on third reading 5186a
May 20, 2019	advanced to third reading
May 15, 2019	2nd report cal.
May 14, 2019	1st report cal.762
Apr 12, 2019	referred to health

Votes

- May 14, 2019 - Health Committee Vote
  S5186B
  
  Aye
  
  11
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 14, 2019
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (2)
      
      Little
      
      Ritchie
      
      aye wr (2)
      
      Antonacci
      
      Gallivan

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S5186 - Details

See Assembly Version of this Bill:: A3705
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2828, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8185, A10671
2021-2022: S4472, A5668
2023-2024: S4950, A5406
2025-2026: S6731, A8435

2019-S5186 - Summary

Relates to persons 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.

2019-S5186 - Sponsor Memo

                                
 
BILL NUMBER: S5186

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the employment of persons to function as infection preventionists in
certain general hospitals

 
PURPOSE:

To require individuals employed as infection preventionists in hospitals
to be certified and undergo continuing education.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill creates a new section 2827 in the public health
law to address infection preventionists. Section 2827, subdivision
defines key terms. Subdivision 2 and 3 sets forth the certification
requirements for infection preventionists. Subdivisions 4 and 5 set
forth the employer requirements for infection preventionists. Subdivi-
sion 6 relates to scope of practice and Subdivision 7 states that regu-
lations are to be promulgated by the commissioner if necessary. Section

2 of this bill sets forth the effective date.

 
JUSTIFICATION:

Most infection preventionists (IPs) are nurses, physicians, public
health professionals, epidemiologists, microbiologists, or medical tech-
nologists who are employed within healthcare institutions and also serve
as educators,researchers, consultants, and clinical scientists. The
majority are affiliated with acute care settings. An increasing number
practice in ambulatory and outpatient services where they direct
programs that protect patients and personnel from HAIs.  Members are
also involved in long-term care, home health, and other practice
settings where infection prevention and control is an increasing area of
responsibility for nurses and other healthcare personnel.

IPs collect, analyze, and interpret health data in order to track
infection trends, plan appropriate interventions, measure success, and
report relevant data to public health agencies. They establish scientif-
ically based infection prevention practices and collaborate with the
healthcare team to assure implementation. Further, they work to prevent
healthcare-associated infections (HAIs) in healthcare facilities by
isolating sources of infections and limiting their transmission. They
also educate healthcare personnel and the public about infectious
diseases and how to limit their spread. The legislation requires the
certification of persons who wish to practice infection preventionists.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A10671A referred to Health/S8185A committed to Rules

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.

2019-S5186 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5186
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- 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 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.

                                                            LBD01629-01-9

 S. 5186                             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.

co-Sponsors

2019-S5186A - Details

See Assembly Version of this Bill:: A3705
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2828, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8185, A10671
2021-2022: S4472, A5668
2023-2024: S4950, A5406
2025-2026: S6731, A8435

2019-S5186A - Summary

2019-S5186A - Sponsor Memo

                                
 
BILL NUMBER: S5186A

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the employment of persons to function as infection preventionists in
certain general hospitals

 
PURPOSE:

To require individuals employed as infection preventionists in hospitals
to be certified and undergo continuing education.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill creates a new section 2827 in the public health
law to address infection preventionists. Section 2827, subdivision
defines key terms. Subdivision 2 and 3 sets forth the certification
requirements for infection preventionists. Subdivisions 4 and 5 set
forth the employer requirements for infection preventionists.  Subdivi-
sion 6 relates to scope of practice and Subdivision 7 states that regu-
lations are to be promulgated by the commissioner if necessary. Section

2 of this bill sets forth the effective date.

 
JUSTIFICATION:

Most infection preventionists (IPs) are nurses, physicians, public
health professionals, epidemiologists, microbiologists, or medical tech-
nologists who are employed within healthcare institutions and also serve
as educators,researchers, consultants, and clinical scientists. The
majority are affiliated with acute care settings. An increasing number
practice in ambulatory and outpatient services where they direct
programs that protect patients and personnel from HAIs. Members are also
involved in long-term care, home health, and other practice settings
where infection prevention and control is an increasing area of respon-
sibility for nurses and other healthcare personnel.

IPs collect, analyze, and interpret health data in order to track
infection trends, plan appropriate interventions, measure success, and
report relevant data to public health agencies. They establish scientif-
ically based infection prevention practices and collaborate with the
healthcare team to assure implementation. Further, they work to prevent
healthcare-associated infections (HAIs) in healthcare facilities by
isolating sources of infections and limiting their transmission. They
also educate healthcare personnel and the public about infectious
diseases and how to limit their spread. The legislation requires the
certification of persons who wish to practice infection preventionists.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A10671A referred to Health/S8185A committed to Rules

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.

2019-S5186A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5186--A
     Cal. No. 762
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sens.  METZGER, FUNKE -- read twice and ordered printed,
   and when printed to  be  committed  to  the  Committee  on  Health  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 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) "PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTIFIED  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; AND (II)
 HOLDS  AND  MAINTAINS  CERTIFICATION IN INFECTION PREVENTION AND CONTROL
 FROM A  NATIONALLY  ACCREDITED  INFECTION  PREVENTION  AND  EPIDEMIOLOGY
 CERTIFICATION ORGANIZATION; OR

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

                                                            LBD01629-03-9

 S. 5186--A                          2
 
   (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-
 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 CERTIFIED INFECTION PREVENTIONIST 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 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 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 AUTHORIZE ANY INDIVIDUAL  NOT  LICENSED  PURSUANT  TO
 TITLE  EIGHT  OF  THE EDUCATION LAW TO PERFORM TASKS OR FUNCTIONS WITHIN
 THE SCOPE OF PRACTICE OF A 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.

co-Sponsors

2019-S5186B (ACTIVE) - Details

See Assembly Version of this Bill:: A3705
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2828, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8185, A10671
2021-2022: S4472, A5668
2023-2024: S4950, A5406
2025-2026: S6731, A8435

2019-S5186B (ACTIVE) - Summary

2019-S5186B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5186b

SPONSOR: METZGER
 
TITLE OF BILL:

An act to amend the public health law, in relation to the employment of
persons to function as infection preventionists in certain general
hospitals

 
PURPOSE:

To require individuals employed as infection preventionists in hospitals
to be certified and undergo continuing education.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill creates a new section 2828 in the public health
law to address infection preventionists. Section 2828, subdivision
defines key terms. Subdivision 2 and 3 sets forth the certification
requirements for infection preventionists. Subdivisions 4 and 5 set
forth the employer requirements for infection preventionists.  Subdivi-

sion 6 relates to scope of practice and Subdivision 7 states that regu-
lations are to be promulgated by the commissioner if necessary. Section
2 of this bill sets forth the effective date.

 
JUSTIFICATION:

Most infection preventionists (IPs) are nurses, physicians, public
health professionals, epidemiologists, microbiologists, or medical tech-
nologists who are employed within healthcare institutions and also serve
as educators,researchers, consultants, and clinical scientists. The
majority are affiliated with acute care settings. An increasing number
practice in ambulatory and outpatient services where they direct
programs that protect patients and personnel from HAIs. Members are also
involved in long-term care, home health, and other practice settings
where infection prevention and control is an increasing area of respon-
sibility for nurses and other healthcare personnel.

IPs collect, analyze, and interpret health data in order to track
infection trends, plan appropriate interventions, measure success, and
report relevant data to public health agencies. They establish scientif-
ically based infection prevention practices and collaborate with the
healthcare team to assure implementation. Further, they work to prevent
healthcare-associated infections (HAIs) in healthcare facilities by
isolating sources of infections and limiting their transmission. They
also educate healthcare personnel and the public about infectious
diseases and how to limit their spread. The legislation requires the
certification of persons who wish to practice infection preventionists.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A10671A referred to Health/S8185A committed to Rules

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.

2019-S5186B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5186--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sens.  METZGER, FUNKE -- read twice and ordered printed,
   and when printed to  be  committed  to  the  Committee  on  Health  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Health in accordance with Senate Rule 6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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
 2828 to read as follows:
   § 2828. 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)  "PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTIFIED 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; AND (II)
 HOLDS AND MAINTAINS CERTIFICATION IN INFECTION  PREVENTION  AND  CONTROL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01629-05-0

 S. 5186--B                          2
 
 FROM  A  NATIONALLY  ACCREDITED  INFECTION  PREVENTION  AND EPIDEMIOLOGY
 CERTIFICATION ORGANIZATION; 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-
 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 CERTIFIED INFECTION PREVENTIONIST 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 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  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  AUTHORIZE  ANY INDIVIDUAL NOT LICENSED PURSUANT TO
 TITLE EIGHT OF THE EDUCATION LAW TO PERFORM TASKS  OR  FUNCTIONS  WITHIN
 THE SCOPE OF PRACTICE OF A 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.

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Senate Bill S5186B

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Archive: Last Bill Status - In Senate Committee Health Committee

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May 14, 2019 - Health Committee Vote

Health Committee Vote: May 14, 2019

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Jen Metzger

Archive: Last Bill Status - In Senate Committee Health Committee

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Rich Funke

2019-S5186 - Details

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David Carlucci

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Robert Jackson

Toby Ann Stavisky

2019-S5186B (ACTIVE) - Details

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