Bill Text: NY A05786 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires persons engaged in the installation, improvement, repair and maintenance of medical gas piping or the instruction thereof to be licensed by the department of state.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-02-19 - referred to economic development [A05786 Detail]

Download: New_York-2019-A05786-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5786
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, STECK -- Multi-Sponsored by -- M. of
          A.  WEPRIN  --  read  once  and  referred to the Committee on Economic
          Development
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          master  plumbers engaged in the installation, repair or maintenance of
          medical gas piping or engaged in the instruction to be licensed by the
          department of state
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new article
     2  28-G to read as follows:
     3                                ARTICLE 28-G
     4                             MEDICAL GAS PIPING
     5  Section 495. Definitions.
     6          495-a. License required.
     7          495-b. Powers of the secretary of state.
     8          495-c. License; medical gas piping installation and maintenance.
     9          495-d. License; medical gas piping instruction.
    10          495-e. Violations.
    11          495-f. Transition provisions.
    12    §  495.  Definitions.  As  used  in  this  article, unless the context
    13  requires otherwise:
    14    1. "Department" means the department of state.
    15    2. "Medical gas piping" means medical gas  piping  within  any  health
    16  care  facility  licensed  pursuant to the public health law, and located
    17  after the source valve and intended for patient use.
    18    3. "Secretary" means the secretary of state.
    19    § 495-a. License required. 1. No person shall engage in the  installa-
    20  tion, improvement, repair or maintenance of medical gas piping unless he
    21  or she has been issued a license therefor pursuant to this article.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09750-01-9

        A. 5786                             2
     1    2.  No  person  shall  provide instruction regarding the installation,
     2  improvement, repair or maintenance of medical gas piping  unless  he  or
     3  she has been issued a license therefor pursuant to this article.
     4    §  495-b.  Powers of the secretary of state. In addition to the powers
     5  and duties provided elsewhere in this article, the secretary shall  have
     6  the power to:
     7    1.  appoint  a  sufficient  number of assistants, inspectors and other
     8  employees as may be necessary to carry out the provisions of this  arti-
     9  cle and to prescribe their duties;
    10    2.  examine  the qualifications and fitness of applicants for licenses
    11  and prospective applicants therefor;
    12    3. keep records of all licenses  issued,  suspended  or  revoked,  and
    13  orders directing the cessation of unlicensed activities; and
    14    4.  adopt  such rules and regulations as may be necessary to implement
    15  the provisions of this article.
    16    § 495-c. License; medical gas piping installation and maintenance.  1.
    17  Every person to engage in the installation, improvement, repair or main-
    18  tenance of medical gas piping shall make application  to  the  secretary
    19  for  a  license therefor. Such application shall be in a form and manner
    20  prescribed by the secretary and shall contain such  information  as,  in
    21  the  secretary's  judgment, is reasonable and necessary to determine the
    22  qualification and fitness for licensing of the applicant.
    23    2. Every applicant for  a  license  to  engage  in  the  installation,
    24  improvement,  repair  or  maintenance  of medical gas piping shall be of
    25  good moral character and shall provide evidence to the secretary that he
    26  or she:
    27    a. (1) is a master plumber, or a journeyman plumber who  has  success-
    28  fully completed an apprenticeship program accredited and approved by the
    29  federal Department of Labor,
    30    (2)  is  an apprentice plumber who has successfully completed not less
    31  than three years of an apprenticeship program accredited and approved by
    32  the federal Department of Labor,
    33    (3) is a pipe fitter or steam fitter employed by a  plumbing  contrac-
    34  tor, or
    35    (4)  is  certified  in his or her area of expertise in accordance with
    36  the National Fire Protection Association standards;
    37    b. has successfully completed not less than thirty-two hours of class-
    38  room training relating to the most recent edition of the Standard on Gas
    39  and Vacuum Systems issued by the National Fire  Protection  Association;
    40  and
    41    c. (1)  has  passed  an examination offered by the National Inspection
    42  Testing and Certification Corporation or  any  substantially  equivalent
    43  examination approved by the secretary, that demonstrates the applicant's
    44  competence to install, improve, repair or maintain medical gas piping,
    45    (2)  has  passed  an  examination  as a brazer offered by the American
    46  Welding Society, and has successfully completed a  training  program  in
    47  the  installation  of medical gas piping approved by a major medical gas
    48  producer, or
    49    (3) is certified in accordance with the appropriate  American  Society
    50  of Sanitary Engineering standards for the operations to be performed.
    51    3.  Any  person  who  will  engage  only  in brazing incidental to the
    52  installation, improvement, repair or maintenance of medical  gas  piping
    53  shall  be licensed by the department if he or she is of good moral char-
    54  acter and provides evidence to the secretary that he or she:

        A. 5786                             3
     1    a. (1) is a master plumber, or a journeyman plumber who  has  success-
     2  fully completed an apprenticeship program accredited and approved by the
     3  federal Department of Labor,
     4    (2)  is  an apprentice plumber who has successfully completed not less
     5  than three years of an apprenticeship program accredited and approved by
     6  the federal Department of Labor,
     7    (3) is a pipe fitter or steam fitter employed by a  plumbing  contrac-
     8  tor, or
     9    (4)  is  certified  in his or her area of expertise in accordance with
    10  the National Fire Protection Association standards;
    11    b. has successfully completed not less than twenty hours of  classroom
    12  training  relating  to the performance of brazing duties required in the
    13  installation, improvement, repair or maintenance of medical gas  piping;
    14  and
    15    c. (1)  has  passed  an examination offered by the National Inspection
    16  Testing and Certification Corporation or  any  substantially  equivalent
    17  examination  approved by the secretary that demonstrates the applicant's
    18  competence  in  performing  brazing  incidental  to  the   installation,
    19  improvement, repair or maintenance of medical gas piping,
    20    (2)  has  passed  an  examination  as a brazer offered by the American
    21  Welding Society and has successfully completed a training program in the
    22  brazing of medical gas piping by a major medical gas producer, or
    23    (3) is certified in accordance with the appropriate  American  Society
    24  of Sanitary Engineering standards for the operations to be performed.
    25    §  495-d.  License; medical gas piping instruction. 1. Every person to
    26  engage in providing instruction regarding the installation, improvement,
    27  repair or maintenance of medical gas piping shall  make  application  to
    28  the  secretary  for  a  license therefor. Such application shall be in a
    29  form and manner prescribed by  the  secretary  and  shall  contain  such
    30  information as, in the secretary's judgment, is reasonable and necessary
    31  to  determine the qualifications and fitness for licensing of the appli-
    32  cant.
    33    2. Every applicant for a license to provide instruction regarding  the
    34  installation,  improvement,  repair or maintenance of medical gas piping
    35  shall be of good moral character  and  shall  provide  evidence  to  the
    36  secretary that he or she:
    37    a.  (1) is a master plumber or journeyman plumber, or a pipe fitter or
    38  steam fitter employed by a plumbing contractor, or
    39    (2) has been actively engaged in the practice  of  installing  medical
    40  gas  piping,  or is certified in his or her area of expertise in accord-
    41  ance with the National Fire  Protection  Association  standards  for  at
    42  least  five  consecutive  years  preceding the date of application for a
    43  license;
    44    b. has successfully completed not less than forty  hours  of  instruc-
    45  tional  training  in  the  field  of  medical  gas  piping installation,
    46  improvement, repair and maintenance as approved by the secretary; and
    47    c. (1) has passed an examination offered by  the  National  Inspection
    48  Testing  and  Certification  Corporation or any substantially equivalent
    49  examination approved by the secretary that demonstrates the  applicant's
    50  competence  to  teach  in  the field of medical gas piping installation,
    51  improvement, repair and maintenance,
    52    (2) has passed an examination as a  brazer  offered  by  the  American
    53  Welding  Society  and  has  successfully completed a training program in
    54  instructional training approved by a major medical gas producer, or
    55    (3) is certified in accordance with the appropriate  American  Society
    56  of Sanitary Engineering standards for the operations being performed.

        A. 5786                             4
     1    §  495-e. Violations. The department shall have the power to revoke or
     2  suspend any license, or in lieu thereof to impose a fine  not  exceeding
     3  one  thousand dollars payable to the department, or reprimand any licen-
     4  see or deny any application for a license or renewal thereof upon proof:
     5    1.  that  the applicant or licensee has violated any of the provisions
     6  of this article or any rule or regulation promulgated pursuant thereto;
     7    2. that the applicant or  licensee  has  practiced  fraud,  deceit  or
     8  misrepresentation;
     9    3.  that the applicant or licensee has made a material misstatement in
    10  the application for or renewal of his or her license; or
    11    4. that the applicant or licensee  has  demonstrated  incompetence  or
    12  untrustworthiness in his other actions.
    13    §  495-f.  Transition provisions. 1. Any person who has engaged in the
    14  installation, improvement, repair or maintenance of medical  gas  piping
    15  for not less than three consecutive years prior to the effective date of
    16  this  article  may  be licensed pursuant to section four hundred ninety-
    17  five-c of this article if such person has met the requirements of  para-
    18  graph  c  of  subdivision  two  of  such section within two years of the
    19  effective date of this article.
    20    2. Any person who has  engaged  only  in  brazing  incidental  to  the
    21  installation,  improvement,  repair or maintenance of medical gas piping
    22  for not less than three consecutive years preceding the  effective  date
    23  of this article may be licensed pursuant to subdivision three of section
    24  four  hundred  ninety-five-c  of this article if such person has met the
    25  requirements of paragraph c of such subdivision within two years of  the
    26  effective date of this article.
    27    §  2. This act shall take effect on the first of January next succeed-
    28  ing the date on which it shall have become a law.
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