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 - Dead) 2020-01-08 - 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. LBD09750-01-9A. 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.
