S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5422
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  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-z to read as follows:
   §  2803-Z.  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
 MANAGEMENT PLANS, AND TO MONITOR THE IMPLEMENTATION OF  SUCH  PLANS.  NO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09348-01-1

 S. 5422                             2
 
 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.