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

                                         6030

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 4, 2011
                                      ___________

       Introduced  by  M.  of  A.  BING, GALEF, TITUS, GUNTHER, CLARK, LUPARDO,
         MAGNARELLI, RAMOS, SPANO, CASTRO, BARRON, LAVINE, LINARES,  ZEBROWSKI,
         BOYLAND,  WEPRIN -- Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ,
         FARRELL, HOOPER,  LATIMER,  V. LOPEZ,  MAYERSOHN,  McENENY,  McKEVITT,
         J. MILLER,  M. MILLER,  PAULIN, TITONE, TOWNS, WEISENBERG -- read once
         and referred to the Committee on Higher Education

       AN ACT to amend the public health law, in relation to the employment  of
         persons  to  function  as  central sterile supply personnel in certain
         healthcare 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 article
    2  49-A to read as follows:
    3                                ARTICLE 49-A
    4                      CENTRAL STERILE SUPPLY PERSONNEL
    5  SECTION 4920. CENTRAL STERILE SUPPLY PERSONNEL.
    6    S 4920.  CENTRAL STERILE SUPPLY PERSONNEL.  1.  DEFINITIONS.  FOR  THE
    7  PURPOSES OF THIS SECTION, THE TERMS:
    8    (A)  "CENTRAL  STERILE  SUPPLY  PERSONNEL"  SHALL  MEAN  A  PERSON WHO
    9  PROVIDES THE SERVICES OF DECONTAMINATION, PREPARATION, PACKAGING, STERI-
   10  LIZATION, AND STORAGE AND DISTRIBUTION OF REUSABLE MEDICAL  INSTRUMENTA-
   11  TION OR DEVICES IN HEALTHCARE FACILITIES.
   12    (B) "HEALTHCARE FACILITY" SHALL MEAN A HOSPITAL AS DEFINED BY SUBDIVI-
   13  SION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER OR AN AMBU-
   14  LATORY SURGICAL CENTER ISSUED AN OPERATING CERTIFICATE PURSUANT TO ARTI-
   15  CLE TWENTY-EIGHT OF THIS CHAPTER.
   16    2.  CERTIFICATION.  CENTRAL  STERILE  SUPPLY PERSONNEL IN A HEALTHCARE
   17  FACILITY SHALL BE CERTIFIED BY THE INTERNATIONAL ASSOCIATION OF  HEALTH-
   18  CARE  CENTRAL  SERVICE  MATERIALS  MANAGEMENT  (IAHCSMM)  OR  THE  CBSPD
   19  NATIONAL CERTIFICATION EXAM; PROVIDED,  HOWEVER,  THAT  CENTRAL  STERILE
   20  SUPPLY  PERSONNEL  SHALL  BE CERTIFIED WITHIN TWO YEARS OF EMPLOYMENT BY

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09343-01-1

       A. 6030                             2

    1  JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  AND  MAY  NOT  CONTINUE  TO  BE
    2  EMPLOYED  BEYOND THAT PERIOD WITHOUT DOCUMENTATION THAT SUCH EMPLOYEE IS
    3  CERTIFIED PURSUANT TO THIS SUBDIVISION.
    4    3.  CONTINUING EDUCATION. (A) CERTIFIED CENTRAL STERILE SUPPLY PERSON-
    5  NEL IN A HEALTHCARE  FACILITY  MUST  COMPLETE  CONTINUING  EDUCATION  TO
    6  REMAIN QUALIFIED FOR EMPLOYMENT.
    7    (B)  A  HEALTHCARE  FACILITY  THAT EMPLOYS A PERSON AS CENTRAL STERILE
    8  SUPPLY PERSONNEL SHALL VERIFY THAT  SUCH  PERSON  MEETS  THE  CONTINUING
    9  EDUCATION REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
   10    4.  A HEALTHCARE FACILITY SHALL SUPERVISE EACH PERSON EMPLOYED BY SUCH
   11  HEALTHCARE FACILITY TO FUNCTION AS A CENTRAL STERILE  SUPPLY  TECHNICIAN
   12  ACCORDING TO THE HEALTHCARE FACILITY'S POLICIES AND PROCEDURES.
   13    5.  NOTHING  IN  THIS ARTICLE SHALL PROHIBIT ANY LICENSED PRACTITIONER
   14  FROM PERFORMING CENTRAL STERILE SUPPLY TECHNICIANS' TASKS  OR  FUNCTIONS
   15  IF THE PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER LICENSE.
   16    6.  THE  NEW  YORK  STATE  DEPARTMENT  OF  EDUCATION SHALL ENFORCE THE
   17  PROVISIONS OF THIS ARTICLE.
   18    S 2. This act shall take effect on the one hundred eightieth day after
   19  it shall have become a law, provided, however, that effective immediate-
   20  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   21  necessary  for  the implementation of this act on its effective date are
   22  authorized and directed to be made  and  completed  on  or  before  such
   23  effective date.