S T A T E O F N E W Y O R K
________________________________________________________________________
5406
2023-2024 Regular Sessions
I N A S S E M B L Y
March 10, 2023
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Introduced by M. of A. GUNTHER, WOERNER, SANTABARBARA, TAYLOR, L. ROSEN-
THAL, BRABENEC, HEVESI, BRAUNSTEIN, REYES, BUTTENSCHON, SAYEGH -- read
once and referred 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
2831 to read as follows:
§ 2831. 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
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07368-01-3
A. 5406 2
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.