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STATE OF NEW YORK
________________________________________________________________________

6030

2011-2012 Regular Sessions

IN ASSEMBLY

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:

  Section  1.  The  public health law is amended by adding a new article
49-A to read as follows:
                              ARTICLE 49-A
                    CENTRAL STERILE SUPPLY PERSONNEL
SECTION 4920. CENTRAL STERILE SUPPLY PERSONNEL.
  S 4920.  CENTRAL STERILE SUPPLY PERSONNEL.  1.  DEFINITIONS.  FOR  THE
PURPOSES OF THIS SECTION, THE TERMS:
  (A)  "CENTRAL  STERILE  SUPPLY  PERSONNEL"  SHALL  MEAN  A  PERSON WHO
PROVIDES THE SERVICES OF DECONTAMINATION, PREPARATION, PACKAGING, STERI-
LIZATION, AND STORAGE AND DISTRIBUTION OF REUSABLE MEDICAL  INSTRUMENTA-
TION OR DEVICES IN HEALTHCARE FACILITIES.
  (B) "HEALTHCARE FACILITY" SHALL MEAN A HOSPITAL AS DEFINED BY SUBDIVI-
SION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER OR AN AMBU-
LATORY SURGICAL CENTER ISSUED AN OPERATING CERTIFICATE PURSUANT TO ARTI-
CLE TWENTY-EIGHT OF THIS CHAPTER.
  2.  CERTIFICATION.  CENTRAL  STERILE  SUPPLY PERSONNEL IN A HEALTHCARE
FACILITY SHALL BE CERTIFIED BY THE INTERNATIONAL ASSOCIATION OF  HEALTH-
CARE  CENTRAL  SERVICE  MATERIALS  MANAGEMENT  (IAHCSMM)  OR  THE  CBSPD
NATIONAL CERTIFICATION EXAM; PROVIDED,  HOWEVER,  THAT  CENTRAL  STERILE
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

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