Bill Text: NY A05406 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the designation by a general hospital of persons 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.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Engrossed) 2024-03-11 - REFERRED TO HEALTH [A05406 Detail]
Download: New_York-2023-A05406-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5406 2023-2024 Regular Sessions IN ASSEMBLY March 10, 2023 ___________ 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: 1 Section 1. The public health law is amended by adding a new section 2 2831 to read as follows: 3 § 2831. Infection preventionists. 1. For the purposes of this section, 4 the terms: 5 (a) "infection preventionist" shall mean a person designated by a 6 general hospital to identify infectious disease processes, conduct 7 surveillance and epidemiologic investigations, and develop plans to 8 prevent and control the transmission of infectious agents within general 9 hospitals. 10 (b) "professional" shall mean a person licensed or certified pursuant 11 to title eight of the education law. 12 2. A person shall not function as an infection preventionist in a 13 general hospital and a general hospital shall not employ or otherwise 14 contract for the services of an infection preventionist unless such 15 person meets one of the following: 16 (a) (i) has successfully passed an exam from a nationally accredited 17 infection prevention and epidemiology accrediting organization; and (ii) 18 holds and maintains certification in infection prevention and control 19 from a nationally accredited infection prevention and epidemiology 20 certification organization; or 21 (b) provides evidence that such person was employed or otherwise 22 contracted for the services as an infection preventionist in a general 23 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. LBD07368-01-3A. 5406 2 1 years immediately prior to the effective date of this section. In furth- 2 erance of this paragraph, any contractor or employer of persons func- 3 tioning as an infection preventionist on the effective date of this 4 section shall confirm in writing to each employee or contractor his or 5 her employment in a capacity functioning as an infection preventionist 6 in a general hospital as of the effective date of this section; or 7 (c) is a student or intern performing the functions of an infection 8 preventionist if such student or intern is under the direct supervision 9 of an appropriately certified infection preventionist and is functioning 10 within the scope of the student's or intern's training. 11 3. An infection preventionist who does not meet the requirements of 12 paragraph (b) of subdivision two of this section shall have thirty-six 13 months from the date of hire to obtain the infection preventionist 14 credential outlined in paragraph (a) of subdivision two of this section. 15 4. A general hospital may employ or otherwise contract with a person 16 who does not meet the certification requirements required above to func- 17 tion as an infection preventionist in a general hospital if: 18 (a) after a diligent and thorough effort has been made, if such gener- 19 al hospital is unable to employ or contract with a sufficient number of 20 qualified infection preventionists who meet the requirements of this 21 section; 22 (b) such general hospital makes a written record of its efforts and 23 retains such record at the general hospital; and 24 (c) the person obtains a credential as outlined in paragraph (a) of 25 subdivision two of this section, within three years of the start of 26 employment or contracting for the performance of infection prevention- 27 ists duties. 28 5. A general hospital that employs or contracts with an infection 29 preventionist shall, upon request of another general hospital, or upon 30 request of an infection preventionist employed by, formerly employed by 31 or contracted to perform as an infection preventionist at such general 32 hospital, verify the dates of employment or contract of such person. 33 6. Nothing in this section shall prohibit any professional from 34 performing an infection preventionists' tasks or functions if such 35 person is acting within the scope of his or her practice. Nothing in 36 this section shall authorize any individual not licensed pursuant to 37 title eight of the education law to perform tasks or functions within 38 the scope of practice of a professional under such title. 39 7. The commissioner shall promulgate regulations as he or she may deem 40 appropriate to effectuate the purposes of this section. 41 § 2. This act shall take effect on the first of January next succeed- 42 ing the date upon which it shall have become a law.
