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.