Bill Text: NY A03963 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes standards and programs relating to the prevention and/or reduction of the incidence of hospital acquired infections.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Introduced - Dead) 2012-01-31 - print number 3963a [A03963 Detail]
Download: New_York-2011-A03963-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3963 2011-2012 Regular Sessions I N A S S E M B L Y January 31, 2011 ___________ Introduced by M. of A. MAGNARELLI, LANCMAN, GALEF, BENEDETTO, MILLMAN, BROOK-KRASNY, COLTON, CAHILL, SPANO, CLARK, JAFFEE -- Multi-Sponsored by -- M. of A. GLICK, HOOPER, MAISEL, MAYERSOHN, PHEFFER, J. RIVERA, ROBINSON, SCARBOROUGH, WEISENBERG -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to establishing stan- dards and programs relating to the prevention and/or reduction of the incidence of hospital-acquired infections THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding two new sections 2 2819-a and 2819-b to read as follows: 3 S 2819-A. HOSPITAL-ACQUIRED INFECTION PREVENTION STANDARDS. 1. THE 4 COMMISSIONER SHALL PROMULGATE AND ADMINISTER REGULATIONS AND POLICIES 5 GOVERNING THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE OF 6 HOSPITAL-ACQUIRED INFECTIONS IN PATIENTS IN HOSPITALS AND RESIDENTIAL 7 HEALTH CARE FACILITIES, AND SUCH RULES AND REGULATIONS AS HE OR SHE MAY 8 DEEM APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION. 9 2. THE DEPARTMENT SHALL ESTABLISH REGULATORY STANDARDS, INCLUDING, BUT 10 NOT LIMITED TO QUALITY CONTROL, EDUCATIONAL AND TRAINING STANDARDS, 11 REGARDING THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE OF 12 HOSPITAL-ACQUIRED INFECTIONS. THESE STANDARDS SHALL BE CONSISTENT WITH 13 THE RECOMMENDATIONS OF RECOGNIZED CENTERS OF EXPERTISE IN THE IDENTIFI- 14 CATION AND PREVENTION OF HOSPITAL-ACQUIRED INFECTIONS INCLUDING, BUT NOT 15 LIMITED TO THE NATIONAL HEALTH CARE SAFETY NETWORK OF THE CENTERS FOR 16 DISEASE CONTROL AND PREVENTION OR ITS SUCCESSOR. THE DEPARTMENT SHALL 17 ALSO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTI- 18 TUTIONS AND THOSE WITH EXPERTISE IN INFECTION CONTROL WITH RESPECT TO 19 THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION, AND SHALL 20 PROMULGATE SUCH REGULATIONS IN CONSULTATION WITH THE DEPARTMENT OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03152-01-1 A. 3963 2 1 EDUCATION. THE DEPARTMENT SHALL SOLICIT AND CONSIDER PUBLIC COMMENT 2 PRIOR TO SUCH ESTABLISHMENT OF SUCH STANDARDS. 3 3. WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DEPARTMENT ESTABLISHES THE 4 STANDARDS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EACH GENERAL 5 HOSPITAL SHALL DEVELOP, ADOPT, IMPLEMENT AND MAINTAIN A COORDINATED PLAN 6 TO PREVENT AND/OR REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS 7 IN COMPLIANCE WITH THE DEPARTMENT REGULATIONS. SUCH PLAN SHALL PROVIDE 8 FOR THE FOLLOWING, AT A MINIMUM: 9 (A) DEPARTMENTAL STANDARDS FOR THE PREVENTION OF AND/OR THE REDUCTION 10 IN THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS; 11 (B) MANDATORY EDUCATIONAL AND TRAINING PROGRAMS FOR EMPLOYEES DEALING 12 WITH THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE OF HOSPI- 13 TAL-ACQUIRED INFECTIONS; 14 (C) THE ESTABLISHMENT OF A QUALITY ASSURANCE COMMITTEE WITH THE 15 RESPONSIBILITY TO REVIEW SERVICES RENDERED IN THE HOSPITAL IN ORDER TO 16 IMPROVE THE QUALITY OF INFECTION PREVENTION AND REDUCTION MEASURES. SUCH 17 COMMITTEE SHALL OVERSEE AND COORDINATE THE PROGRAM AND SHALL INSURE THAT 18 INFORMATION GATHERED PURSUANT TO THE PROGRAM IS UTILIZED TO REVIEW AND 19 TO REVISE HOSPITAL POLICIES AND PROCEDURES. AT LEAST ONE MEMBER OF THE 20 COMMITTEE SHALL BE A MEMBER OF THE GOVERNING BOARD OF THE HOSPITAL WHO 21 IS NOT OTHERWISE AFFILIATED WITH THE HOSPITAL IN AN EMPLOYMENT OR 22 CONTRACTUAL CAPACITY; 23 (D) THE PERIODIC REVIEW AND THE REVIEW AS OTHERWISE WARRANTED IN 24 SPECIFIC INSTANCES AND CIRCUMSTANCES OF THE EFFECTIVENESS OF MEASURES 25 DESIGNED TO PREVENT AND/OR REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED 26 INFECTIONS; AND 27 (E) POLICIES TO ENSURE COMPLIANCE WITH THE REPORTING REQUIREMENTS OF 28 SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS ARTICLE. 29 4. REGULATIONS UNDER THIS SECTION SHALL INCLUDE STANDARDS TO ASSURE 30 THE PROTECTION OF PATIENT PRIVACY IN DATA COLLECTED AND RELEASED UNDER 31 THIS SECTION. 32 5. FOR THE PURPOSES OF THIS SECTION, "HOSPITAL-ACQUIRED INFECTION" 33 SHALL MEAN ANY LOCALIZED OR SYSTEMIC PATIENT CONDITION THAT: 34 (A) RESULTED FROM THE PRESENCE OF AN INFECTIOUS AGENT OR AGENTS, OR 35 ITS TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAMINATION OR BY LABORA- 36 TORY TESTING; AND 37 (B) WAS NOT FOUND TO BE PRESENT OR INCUBATING AT THE TIME OF ADMISSION 38 UNLESS THE INFECTION WAS RELATED TO A PREVIOUS ADMISSION. 39 S 2819-B. EDUCATION AND TRAINING PROGRAMS IN INFECTION CONTROL PRAC- 40 TICES FOR STERILE PROCESSING PROFESSIONALS. 1. FOR THE PURPOSES OF THIS 41 SECTION: 42 (A) "HOSPITAL-ACQUIRED INFECTION" SHALL MEAN ANY LOCALIZED OR SYSTEMIC 43 PATIENT CONDITION THAT: (I) RESULTED FROM THE PRESENCE OF AN INFECTIOUS 44 AGENT OR AGENTS, OR ITS TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAM- 45 INATION OR BY LABORATORY TESTING; AND (II) WAS NOT FOUND TO BE PRESENT 46 OR INCUBATING AT THE TIME OF ADMISSION UNLESS THE INFECTION WAS RELATED 47 TO A PREVIOUS ADMISSION; AND 48 (B) "STERILE PROCESSING PROFESSIONALS" SHALL MEAN PERSONNEL PERFORMING 49 CLEANING, DISINFECTION, STERILIZATION AND INVENTORY MANAGEMENT ACTIV- 50 ITIES IN THE HOSPITAL SETTING. 51 2. EACH GENERAL HOSPITAL SHALL: 52 (A) ENSURE THAT ALL STERILE PROCESSING PROFESSIONALS EMPLOYED BY THE 53 HOSPITAL SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN AND EVERY 54 FOUR YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAINING IN TECHNIQUES TO 55 PREVENT OR REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS, APPRO- 56 PRIATE TO THE PROFESSIONAL'S PRACTICE AND APPROVED BY THE DEPARTMENT IN A. 3963 3 1 ACCORDANCE WITH THE REGULATORY STANDARDS PROMULGATED BY THE DEPARTMENT; 2 AND 3 (B) CERTIFY SO TO THE DEPARTMENT. THE DEPARTMENT SHALL PROVIDE AN 4 EXEMPTION FROM THIS REQUIREMENT TO ANYONE WHO REQUESTS SUCH AN EXEMPTION 5 AND WHO (I) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S SATISFACTION THAT 6 THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR 7 TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE OR (II) THAT HE OR 8 SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE DEPARTMENT TO BE 9 EQUIVALENT TO THE STANDARDS FOR COURSE WORK OR TRAINING APPROVED BY THE 10 DEPARTMENT PURSUANT TO THIS SECTION. 11 S 2. This act shall take effect on the one hundred eightieth day after 12 it shall have become a law; provided, however, that effective immediate- 13 ly, the addition, amendment or repeal of any rule or regulation neces- 14 sary for the implementation of this act on its effective date are 15 authorized and directed to be made and completed on or before such 16 effective date.