Bill Text: NY S00697 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the employment of persons to function as central service technicians in certain healthcare facilities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-11 - SUBSTITUTED BY A878A [S00697 Detail]
Download: New_York-2013-S00697-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
697--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, in relation to the employment of
persons to function as central service technicians in certain health-
care facilities
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 2824 to read as follows:
3 S 2824. CENTRAL SERVICE TECHNICIANS. 1. FOR THE PURPOSES OF THIS
4 SECTION, THE TERMS:
5 (A) "CENTRAL SERVICE TECHNICIAN" SHALL MEAN A PERSON WHO PROVIDES THE
6 SERVICES OF DECONTAMINATION, PREPARATION, PACKAGING, STERILIZATION, AND
7 STORAGE AND DISTRIBUTION OF REUSABLE MEDICAL INSTRUMENTATION OR DEVICES
8 IN HEALTHCARE FACILITIES OTHER THAN IN THE COURSE OF PRACTICING AS A
9 HEALTHCARE PROFESSIONAL.
10 (B) "HEALTHCARE FACILITY" SHALL MEAN GENERAL HOSPITAL AS DEFINED BY
11 SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A
12 HOSPITAL AS DEFINED BY SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED
13 ONE OF THIS ARTICLE OPERATING AS A DIAGNOSTIC AND TREATMENT CENTER
14 AUTHORIZED TO PROVIDE AMBULATORY SURGICAL SERVICES.
15 (C) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTI-
16 FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
17 2. A PERSON SHALL NOT FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A
18 HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER-
19 WISE CONTRACT FOR THE SERVICES OF A CENTRAL SERVICE TECHNICIAN UNLESS
20 THE PERSON MEETS ONE OF THE FOLLOWING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04692-04-3
S. 697--A 2
1 (A) (I) HAS SUCCESSFULLY PASSED A NATIONALLY ACCREDITED CENTRAL
2 SERVICE EXAM FOR CENTRAL SERVICE TECHNICIANS; AND (II) HOLDS AND MAIN-
3 TAINS ONE OF THE FOLLOWING CREDENTIALS ADMINISTERED BY A NATIONALLY
4 ACCREDITED CENTRAL SERVICE TECHNICIAN CREDENTIALING ORGANIZATION: THE
5 CERTIFIED REGISTERED CENTRAL SERVICE TECHNICIAN CREDENTIAL, THE CERTI-
6 FIED STERILE PROCESSING AND DISTRIBUTION TECHNICIAN CREDENTIAL OR A
7 SUBSTANTIALLY EQUIVALENT CREDENTIAL; OR
8 (B) PROVIDES EVIDENCE THAT THE PERSON WAS EMPLOYED OR OTHERWISE
9 CONTRACTED FOR THE SERVICES AS A CENTRAL SERVICE TECHNICIAN IN A HEALTH-
10 CARE FACILITY FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN THE
11 FOUR YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN
12 FURTHERANCE OF THIS PARAGRAPH, ANY CONTRACTOR OR EMPLOYER OF PERSONS
13 FUNCTIONING AS A CENTRAL SERVICE TECHNICIAN ON THE EFFECTIVE DATE OF
14 THIS SECTION SHALL CONFIRM IN WRITING TO EACH EMPLOYEE OR CONTRACTOR HIS
15 OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS A CENTRAL SERVICE TECHNI-
16 CIAN IN A HEALTHCARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION;
17 OR
18 (C) IS A STUDENT OR INTERN PERFORMING THE FUNCTIONS OF A CENTRAL
19 SERVICE TECHNICIAN IF THE STUDENT OR INTERN IS UNDER THE DIRECT SUPER-
20 VISION OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL
21 AND IS FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAIN-
22 ING.
23 3. A CENTRAL SERVICE TECHNICIAN WHO DOES NOT MEET THE REQUIREMENTS OF
24 PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE EIGHTEEN
25 MONTHS FROM THE DATE OF HIRE TO OBTAIN THE CERTIFIED REGISTERED CENTRAL
26 SERVICE TECHNICIAN CREDENTIAL OR THE CERTIFIED STERILE PROCESSING AND
27 DISTRIBUTION TECHNICIAN CREDENTIAL.
28 4. A PERSON WHO QUALIFIES TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN
29 IN A HEALTHCARE FACILITY UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO
30 OF THIS SECTION MUST ANNUALLY COMPLETE TEN HOURS OF CONTINUING EDUCATION
31 CREDITS TO REMAIN QUALIFIED TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN.
32 5. (A) A CENTRAL SERVICE TECHNICIAN SHALL DOCUMENT IN WRITING GOOD
33 CAUSE THAT PREVENTS COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENT
34 AS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL INCLUDE
35 ANY OF THE FOLLOWING REASONS: A MEDICAL CONDITION WHICH REQUIRES AN
36 EXTENDED LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE
37 PROFESSIONAL, OR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
38 UNITED STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO MEET-
39 ING THE CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED IN SUBDIVISION
40 FOUR OF THIS SECTION, MAY BE GRANTED BY:
41 (I) THE ACCREDITING AGENCY OF A CENTRAL SERVICE TECHNICIAN QUALIFYING
42 UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; OR
43 (II) A HEALTHCARE FACILITY EMPLOYING OR CONTRACTING A CENTRAL SERVICE
44 TECHNICIAN UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
45 (B) IF AN EXTENSION IS GRANTED, A CENTRAL SERVICE TECHNICIAN SHALL
46 COMPLETE ALL PAST DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY
47 DAYS UPON RESOLUTION OF THE MEDICAL CONDITION OR TERMINATION OF EXTENDED
48 ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES.
49 6. A HEALTHCARE FACILITY MAY EMPLOY OR OTHERWISE CONTRACT WITH A
50 PERSON WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
51 SECTION TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A HEALTHCARE
52 FACILITY IF:
53 (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTHCARE
54 FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF
55 QUALIFIED CENTRAL SERVICE TECHNICIANS WHO MEET THE REQUIREMENTS OF THIS
56 SECTION;
S. 697--A 3
1 (B) THE HEALTHCARE FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS
2 UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND RETAINS THE RECORD AT THE
3 HEALTHCARE FACILITY; AND
4 (C) THE PERSON MEETS THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION
5 TWO OF THIS SECTION WITHIN TWO YEARS OF THE START OF EMPLOYMENT OR
6 CONTRACTING FOR THE PERFORMANCE OF CENTRAL SERVICE TECHNICIAN DUTIES.
7 7. A HEALTHCARE FACILITY THAT EMPLOYS OR CONTRACTS WITH A CENTRAL
8 SERVICE TECHNICIAN SHALL UPON REQUEST OF ANOTHER HEALTHCARE FACILITY, OR
9 UPON REQUEST OF A CENTRAL SERVICE TECHNICIAN EMPLOYED BY, FORMERLY
10 EMPLOYED BY OR CONTRACTED TO PERFORM AS A CENTRAL SERVICE TECHNICIAN AT
11 THE HEALTHCARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF
12 SUCH PERSON.
13 8. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
14 FROM PERFORMING CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS IF THE
15 PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN
16 THIS SECTION SHALL MEAN THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO
17 TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED
18 TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE.
19 9. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
20 APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
21 S 2. This act shall take effect on the first day of the eighteenth
22 month after it shall have become a law.
