Establishes integrated pest management requirements for hospitals including a requirement that all hospitals have pest management plans for pest control activities; makes related provisions.

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S5575-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• Jun 3, 2011: REFERRED TO HEALTH

S5575-2011 Memo

BILL NUMBER:S5575

TITLE OF BILL:
An act
to amend the public health law, in relation to integrated pest
management requirements for hospitals

PURPOSE OR GENERAL IDEA OF THE BILL:
The bill establishes requirements
for integrated pest management plans for hospitals and requirements
for notification of hospital occupants about pesticide applications.

SUMMARY OF PROVISIONS:
The bill adds new Public Health Law � 2803-t to
establish requirements for hospitals to adopt integrated pest
management (IPM) plans, which must be evaluated annually and updated
every three years. The bill also requires that all pesticide
applications be conducted by certified commercial pesticide
applicators.

Hospitals would be responsible for prominently posting information in
advance about each pesticide application, which must remain posted
for at least 48 hours. If hospitals apply pesticides to grounds, turf
or trees, visual notification markers must be posted around the
treated area.

JUSTIFICATION:
Patients in hospitals are particularly vulnerable to
exposure to harmful chemicals. Currently there are no specific
requirements for pesticide applications in hospitals. The bill
requires the use of IPM techniques, utilizing numerous preventive
activities in place of pesticides, and only as a last resort
authorizes the least toxic pesticides to be used. This requirement
should reduce the amount of pesticide used in hospitals and therefore
reduce exposures.

Posting notices of indoor pesticide applications should reduce
exposures to patients, visitors and staff within hospitals or on
outdoor property associated with hospitals. Use of fully certified
pesticide applicators, rather than persons working under the
supervision of certified applicators, should ensure better quality of
such activities. The overall impact of the legislation will be to
eliminate or minimize exposure to pesticides for patients, staff and
others. The posted notice will afford persons in hospitals which are
to receive pesticide applications to take precautions to avoid
exposure to harmful chemicals.

PRIOR LEGISLATIVE HISTORY:
2001-02  A.10264
02/19/03 Referred to health (A.4521)
01/07/04 Referred to health (A.4521)
2005-06  A.2267 referred to health
2007-08  A.849 reported
2009-10  A.1594 passed assembly

FISCAL IMPLICATIONS:


There may be some nominal costs associated with
outdoor posting of pesticide applications in state facilities.

EFFECTIVE DATE:
The Act shall take effect 180 days after the date of
enactment.

S5575-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5575

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 3, 2011
                                 ___________

  Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health

  AN ACT to amend the public health law, in relation  to  integrated  pest
    management requirements for hospitals

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The public health law is amended by adding  a  new  section
  2803-t to read as follows:

    S  2803-T.  INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR HOSPITALS.  1.
  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED:

    (A) "INTEGRATED PEST MANAGEMENT" MEANS A DECISION-MAKING  PROCESS  FOR
  PEST  CONTROL  THAT UTILIZES REGULAR MONITORING TO DETERMINE IF AND WHEN
  CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,  BIOLOGICAL
  AND EDUCATIONAL TACTICS TO CONTROL CONDITIONS THAT PROMOTE PEST INFESTA-
  TIONS  AND  TO  KEEP  PEST  POPULATIONS AT TOLERABLE DAMAGE OR ANNOYANCE
  LEVELS; AND ONLY  AS  A  LAST  RESORT,  UTILIZES  LEAST-TOXIC  PESTICIDE
  CONTROLS.  THE OVERALL GOALS OF INTEGRATED PEST MANAGEMENT ARE TO ELIMI-
  NATE THE UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL  PESTI-
  CIDES.
    (B) "FACILITIES" MEANS HOSPITAL BUILDINGS, LAND AND OTHER APPURTENANC-
  ES.
    2.  TO  ENSURE  THAT  HOSPITALS  ARE SAFE AND HEALTHY ENVIRONMENTS FOR
  PATIENTS, VISITORS AND  HOSPITAL  STAFF  MEMBERS,  CERTAIN  REQUIREMENTS
  SHALL BE PLACED ON PESTICIDE USE IN HOSPITAL FACILITIES.
    (A)  EACH  HOSPITAL  SHALL  HAVE  A  PEST MANAGEMENT PLAN FOR ALL PEST
  CONTROL ACTIVITIES. SUCH PLAN SHALL UTILIZE INTEGRATED  PEST  MANAGEMENT
  TECHNIQUES  TO  MANAGE  AND  CONTROL PESTS AND PROBLEMS. EACH INTEGRATED
  PEST MANAGEMENT PLAN SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO  ALL
  INFORMATION  ABOUT  THE IMPLEMENTATION OF THE PLAN. HOSPITALS MAY ESTAB-
  LISH ADVISORY COMMITTEES TO ASSIST IN THE DEVELOPMENT OF INTEGRATED PEST
  MANAGEMENT PLANS, AND TO MONITOR THE IMPLEMENTATION OF  SUCH  PLANS.  NO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05272-01-1

 S. 5575                             2

  HOSPITAL  SHALL  CONDUCT  OR HAVE CONDUCTED ANY PESTICIDE APPLICATION TO
  ITS FACILITIES WHICH IS  PREVENTATIVE  IN  NATURE  AND  WHICH  DOES  NOT
  RESPOND TO A VERIFIABLE PEST PROBLEM.
    (B)  EACH HOSPITAL SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALU-
  ATION OF THE IMPLEMENTATION OF ITS INTEGRATED PEST  MANAGEMENT  PLAN  TO
  THE  DEPARTMENT. EVERY HOSPITAL SHALL UPDATE ITS INTEGRATED PEST MANAGE-
  MENT PLAN AT LEAST ONCE EVERY THREE YEARS.
    (C) EVERY PESTICIDE  APPLICATION  AT  A  HOSPITAL  FACILITY  SHALL  BE
  CONDUCTED BY A CERTIFIED COMMERCIAL PESTICIDE APPLICATOR. NO SUCH APPLI-
  CATION  SHALL  BE  CONDUCTED  BY A PERSON NOT SO CERTIFIED REGARDLESS OF
  WHETHER SUCH PERSON IS WORKING UNDER THE DIRECT SUPERVISION OF A  CERTI-
  FIED COMMERCIAL PESTICIDE APPLICATOR.
    (D)  A  NOTICE  OF  PESTICIDE  APPLICATION AND A COPY OF THE PESTICIDE
  LABEL SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A  BUILDING  WHICH
  IS TO RECEIVE A PESTICIDE APPLICATION. SUCH COMMON AREA SHALL BE READILY
  ACCESSIBLE  TO  ALL  PERSONS  IN THE BUILDING. SUCH NOTICE AND PESTICIDE
  LABEL SHALL REMAIN POSTED FOR NOT LESS THAN FORTY-EIGHT HOURS  FOLLOWING
  THE  PESTICIDE  APPLICATION.  THE  NOTICE OF PESTICIDE APPLICATION SHALL
  INCLUDE, BUT NOT BE LIMITED TO, THE  NAME  AND  TELEPHONE  NUMBER  OF  A
  HOSPITAL  EMPLOYEE OR CONTACT PERSON WHO SHALL PROVIDE DETAILED INFORMA-
  TION ON THE PESTICIDE APPLICATION. A COPY OF THE PESTICIDE  LABEL  SHALL
  BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN TWENTY-FOUR
  HOURS OF SUCH REQUEST.
    (E)  WHEN  PESTICIDES  ARE APPLIED TO HOSPITAL GROUNDS, TURF, TREES OR
  SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED BY SECTION  33-1003  OF
  THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY
  FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
    S 2. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.