Bill S1528-2013

Requires persons engaged in the installation, improvement, repair and maintenance of medical gas piping or the instruction thereof to be licensed

Requires persons engaged in the installation, improvement, repair and maintenance of medical gas piping or the instruction thereof to be licensed by the department of state.

Details

Actions

  • Jun 18, 2014: referred to economic development
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • Jan 27, 2014: ADVANCED TO THIRD READING
  • Jan 23, 2014: 2ND REPORT CAL.
  • Jan 22, 2014: 1ST REPORT CAL.33
  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to economic development
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • May 22, 2013: ADVANCED TO THIRD READING
  • May 21, 2013: 2ND REPORT CAL.
  • May 20, 2013: 1ST REPORT CAL.619
  • Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 20, 2013
Ayes (8): Zeldin, Boyle, Fuschillo, Maziarz, Savino, Hoylman, Serrano, Latimer
Ayes W/R (3): Little, Marchione, Gipson
VOTE: COMMITTEE VOTE: - Consumer Protection - Jan 22, 2014
Ayes (9): Zeldin, Boyle, Little, Maziarz, Savino, Hoylman, Serrano, Gipson, Latimer
Ayes W/R (1): Marchione

Memo

BILL NUMBER:S1528

TITLE OF BILL: An act to amend the general business law, in relation to requiring master plumbers engaged in the installation, repair or maintenance of medical gas piping or engaged in the instruction to be licensed by the department of state

PURPOSE OR GENERAL IDEA OF THE BILL: Requires persons engaged in the installation, improvement, repair and maintenance of medical gas piping or the instruction thereof to be licensed.

SUMMARY OF PROVISIONS: 1) Defines department, medical gas Piping, and secretary. 2) License required. No person shall engage in installation, improvement, repair or maintenance unless issues a license. No person shall provide instruction regarding installation, improvement, repair or maintenance unless issued a license. 3) Powers of the secretary of state. 4) License; medical gas piping installation and maintenance. 5) License; medical gas piping instruction. 6) Violations. 7) Transition provisions.

JUSTIFICATION: New York State has a very vast array of villages, towns, counties and cities that have differing requirements for the installation of medical gas systems. Some require a licensed master plumber, some require a permit, some require a certification report after completion and some require nothing at all. Where a master plumber's license is required, installers work under the license of the owner and are not required to be trained nor certified to install these systems.

The master plumber's license covers the owner and company for the installation of water, waste and vent piping and fixtures. Suffolk County has medical gas listed under this license but practically speaking there is no formal education or instruction for medical gas systems installed anywhere in the training syllabus. Every licensed plumber that we have met has confirmed that they never learned anything about medical gas system installation or the equipment that is ,installed or tested.

The current situation is that by law, a licensed plumber is allowed to do the work regardless of experience or training, but anyone trained, experienced and credentialed cannot do the work without a license. This additional license will help resolve this issue as well as help ensure that the work being done on these safety systems is done safely and correctly.

NFPA 99 Standard for Health Care Facilities is the code that is followed for the installation of medical gas systems in health care facilities. The 2002 and 2005 editions have mandated that installers comely with the requirements of ANSI ASSE Standard 6000, specifically ASSE 6010 Professional Qualification Standards for a Medical Gas System Installer. Prior editions had mandated that "The installation

of medical gas systems be made by qualified, competent technicians who are experienced in making such installations." National inspection Testing Corporation (NITC) is a nationally recognized third patty testing company that provides a multitude of certifications from master plumber, electrician, steamfitter, HVAC, etc. The medical gas installer course has a prerequisite of four years of piping experience. It is a 32 hour course on medical gas system codes and requirements including hands on brazing of medical gas piping. This legislation would allow oversight of the "loophole" and be a fair way to reduce the risk of a tragedy while not causing anyone to be unable to perform this work. Any licensed plumber would simply be required to, take the 32 hour course and attain the medical gas certification. The cost is relatively minimal and the cost for licensing is Rico expected to be negligible too. The expectation is that there would be approximately several hundred individuals that would need to obtain the training and licensing statewide which would also add some additional revenue to the state as well.

Additionally, the new code allows for installation of these systems by welding or by using a "swaging" process that any properly trained mechanical person can perform. Since there are significant areas throughout the state that use open shop labor, this will allow for a method to control the installation of these life safety systems to the qualified, competent trained individuals that are actually installing these systems, not just cover the business owner who typically runs the business and does not perform the physical work. On the union side, they provide this credential through their class, but again not every installer has this when working a medical gas job since there is no oversight due to the only requirement being the licensed master plumber business owner.

The union credential could be approved by the state as sufficient to satisfy the requirement, or use the nationally recognized third party testing company and be 100% certain of compliance and reap the additional revenues for the state.

LEGISLATIVE HISTORY: 2011-12: 5.4702 Consumer Protection; Assembly Economic Development 2009-10; S.3675 Consumer Protection; A.5417 Economic Development 2008:5.7965 Consumer Protection/A.9886 Economic Development

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect the first of January following enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 1528 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to requiring master plumbers engaged in the installation, repair or maintenance of medical gas piping or engaged in the instruction to be licensed by the department of state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new article 28-F to read as follows: ARTICLE 28-F MEDICAL GAS PIPING SECTION 491. DEFINITIONS. 492. LICENSE REQUIRED. 493. POWERS OF THE SECRETARY OF STATE. 494. LICENSE; MEDICAL GAS PIPING INSTALLATION AND MAINTENANCE. 495. LICENSE; MEDICAL GAS PIPING INSTRUCTION. 496. VIOLATIONS. 497. TRANSITION PROVISIONS. S 491. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT REQUIRES OTHERWISE: 1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE. 2. "MEDICAL GAS PIPING" MEANS MEDICAL GAS PIPING WITHIN ANY HEALTH CARE FACILITY LICENSED PURSUANT TO THE PUBLIC HEALTH LAW, AND LOCATED AFTER THE SOURCE VALVE AND INTENDED FOR PATIENT USE. 3. "SECRETARY" MEANS THE SECRETARY OF STATE. S 492. LICENSE REQUIRED. 1. NO PERSON SHALL ENGAGE IN THE INSTALLA- TION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING UNLESS HE OR SHE HAS BEEN ISSUED A LICENSE THEREFOR PURSUANT TO THIS ARTICLE.
2. NO PERSON SHALL PROVIDE INSTRUCTION REGARDING THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING UNLESS HE OR SHE HAS BEEN ISSUED A LICENSE THEREFOR PURSUANT TO THIS ARTICLE. S 493. POWERS OF THE SECRETARY OF STATE. IN ADDITION TO THE POWERS AND DUTIES PROVIDED ELSEWHERE IN THIS ARTICLE, THE SECRETARY SHALL HAVE THE POWER TO: 1. APPOINT A SUFFICIENT NUMBER OF ASSISTANTS, INSPECTORS AND OTHER EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI- CLE AND TO PRESCRIBE THEIR DUTIES; 2. EXAMINE THE QUALIFICATIONS AND FITNESS OF APPLICANTS FOR LICENSES AND PROSPECTIVE APPLICANTS THEREFOR; 3. KEEP RECORDS OF ALL LICENSES ISSUED, SUSPENDED OR REVOKED, AND ORDERS DIRECTING THE CESSATION OF UNLICENSED ACTIVITIES; AND 4. ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE. S 494. LICENSE; MEDICAL GAS PIPING INSTALLATION AND MAINTENANCE. 1. EVERY PERSON TO ENGAGE IN THE INSTALLATION, IMPROVEMENT, REPAIR OR MAIN- TENANCE OF MEDICAL GAS PIPING SHALL MAKE APPLICATION TO THE SECRETARY FOR A LICENSE THEREFOR. SUCH APPLICATION SHALL BE IN A FORM AND MANNER PRESCRIBED BY THE SECRETARY AND SHALL CONTAIN SUCH INFORMATION AS, IN THE SECRETARY'S JUDGMENT, IS REASONABLE AND NECESSARY TO DETERMINE THE QUALIFICATION AND FITNESS FOR LICENSING OF THE APPLICANT. 2. EVERY APPLICANT FOR A LICENSE TO ENGAGE IN THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING SHALL BE OF GOOD MORAL CHARACTER AND SHALL PROVIDE EVIDENCE TO THE SECRETARY THAT HE OR SHE: A. (1) IS A MASTER PLUMBER, OR A JOURNEYMAN PLUMBER WHO HAS SUCCESS- FULLY COMPLETED AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE FEDERAL DEPARTMENT OF LABOR, (2) IS AN APPRENTICE PLUMBER WHO HAS SUCCESSFULLY COMPLETED NOT LESS THAN THREE YEARS OF AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE FEDERAL DEPARTMENT OF LABOR, (3) IS A PIPE FITTER OR STEAM FITTER EMPLOYED BY A PLUMBING CONTRAC- TOR, OR (4) IS CERTIFIED IN HIS OR HER AREA OF EXPERTISE IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS; B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN THIRTY-TWO HOURS OF CLASS- ROOM TRAINING RELATING TO THE MOST RECENT EDITION OF THE STANDARD ON GAS AND VACUUM SYSTEMS ISSUED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; AND C. (1) HAS PASSED AN EXAMINATION OFFERED BY THE NATIONAL INSPECTION TESTING AND CERTIFICATION CORPORATION OR ANY SUBSTANTIALLY EQUIVALENT EXAMINATION APPROVED BY THE SECRETARY, THAT DEMONSTRATES THE APPLICANT'S COMPETENCE TO INSTALL, IMPROVE, REPAIR OR MAINTAIN MEDICAL GAS PIPING, (2) HAS PASSED AN EXAMINATION AS A BRAZER OFFERED BY THE AMERICAN WELDING SOCIETY, AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN THE INSTALLATION OF MEDICAL GAS PIPING APPROVED BY A MAJOR MEDICAL GAS PRODUCER, OR (3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE AMERICAN SOCIETY OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS TO BE PERFORMED. 3. ANY PERSON WHO WILL ENGAGE ONLY IN BRAZING INCIDENTAL TO THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING SHALL BE LICENSED BY THE DEPARTMENT IF HE OR SHE IS OF GOOD MORAL CHAR- ACTER AND PROVIDES EVIDENCE TO THE SECRETARY THAT HE OR SHE:
A. (1) IS A MASTER PLUMBER, OR A JOURNEYMAN PLUMBER WHO HAS SUCCESS- FULLY COMPLETED AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE FEDERAL DEPARTMENT OF LABOR, (2) IS AN APPRENTICE PLUMBER WHO HAS SUCCESSFULLY COMPLETED NOT LESS THAN THREE YEARS OF AN APPRENTICESHIP PROGRAM ACCREDITED AND APPROVED BY THE FEDERAL DEPARTMENT OF LABOR, (3) IS A PIPE FITTER OR STEAM FITTER EMPLOYED BY A PLUMBING CONTRAC- TOR, OR (4) IS CERTIFIED IN HIS OR HER AREA OF EXPERTISE IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS; B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN TWENTY HOURS OF CLASSROOM TRAINING RELATING TO THE PERFORMANCE OF BRAZING DUTIES REQUIRED IN THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING; AND C.(1) HAS PASSED AN EXAMINATION OFFERED BY THE NATIONAL INSPECTION TESTING AND CERTIFICATION CORPORATION OR ANY SUBSTANTIALLY EQUIVALENT EXAMINATION APPROVED BY THE SECRETARY THAT DEMONSTRATES THE APPLICANT'S COMPETENCE IN PERFORMING BRAZING INCIDENTAL TO THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING, (2) HAS PASSED AN EXAMINATION AS A BRAZER OFFERED BY THE AMERICAN WELDING SOCIETY AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN THE BRAZING OF MEDICAL GAS PIPING BY A MAJOR MEDICAL GAS PRODUCER, OR (3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE AMERICAN SOCIETY OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS TO BE PERFORMED. S 495. LICENSE; MEDICAL GAS PIPING INSTRUCTION. 1. EVERY PERSON TO ENGAGE IN PROVIDING INSTRUCTION REGARDING THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING SHALL MAKE APPLICATION TO THE SECRETARY FOR A LICENSE THEREFOR. SUCH APPLICATION SHALL BE IN A FORM AND MANNER PRESCRIBED BY THE SECRETARY AND SHALL CONTAIN SUCH INFORMATION AS, IN THE SECRETARY'S JUDGMENT, IS REASONABLE AND NECESSARY TO DETERMINE THE QUALIFICATIONS AND FITNESS FOR LICENSING OF THE APPLI- CANT. 2. EVERY APPLICANT FOR A LICENSE TO PROVIDE INSTRUCTION REGARDING THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING SHALL BE OF GOOD MORAL CHARACTER AND SHALL PROVIDE EVIDENCE TO THE SECRETARY THAT HE OR SHE: A. (1) IS A MASTER PLUMBER OR JOURNEYMAN PLUMBER, OR A PIPE FITTER OR STEAM FITTER EMPLOYED BY A PLUMBING CONTRACTOR, OR (2) HAS BEEN ACTIVELY ENGAGED IN THE PRACTICE OF INSTALLING MEDICAL GAS PIPING, OR IS CERTIFIED IN HIS OR HER AREA OF EXPERTISE IN ACCORD- ANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS FOR AT LEAST FIVE CONSECUTIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A LICENSE; B. HAS SUCCESSFULLY COMPLETED NOT LESS THAN FORTY HOURS OF INSTRUC- TIONAL TRAINING IN THE FIELD OF MEDICAL GAS PIPING INSTALLATION, IMPROVEMENT, REPAIR AND MAINTENANCE AS APPROVED BY THE SECRETARY; AND C.(1) HAS PASSED AN EXAMINATION OFFERED BY THE NATIONAL INSPECTION TESTING AND CERTIFICATION CORPORATION OR ANY SUBSTANTIALLY EQUIVALENT EXAMINATION APPROVED BY THE SECRETARY THAT DEMONSTRATES THE APPLICANT'S COMPETENCE TO TEACH IN THE FIELD OF MEDICAL GAS PIPING INSTALLATION, IMPROVEMENT, REPAIR AND MAINTENANCE, (2) HAS PASSED AN EXAMINATION AS A BRAZER OFFERED BY THE AMERICAN WELDING SOCIETY AND HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM IN INSTRUCTIONAL TRAINING APPROVED BY A MAJOR MEDICAL GAS PRODUCER, OR (3) IS CERTIFIED IN ACCORDANCE WITH THE APPROPRIATE AMERICAN SOCIETY OF SANITARY ENGINEERING STANDARDS FOR THE OPERATIONS BEING PERFORMED.
S 496. VIOLATIONS. THE DEPARTMENT SHALL HAVE THE POWER TO REVOKE OR SUSPEND ANY LICENSE, OR IN LIEU THEREOF TO IMPOSE A FINE NOT EXCEEDING ONE THOUSAND DOLLARS PAYABLE TO THE DEPARTMENT, OR REPRIMAND ANY LICEN- SEE OR DENY ANY APPLICATION FOR A LICENSE OR RENEWAL THEREOF UPON PROOF: 1. THAT THE APPLICANT OR LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO; 2. THAT THE APPLICANT OR LICENSEE HAS PRACTICED FRAUD, DECEIT OR MISREPRESENTATION; 3. THAT THE APPLICANT OR LICENSEE HAS MADE A MATERIAL MISSTATEMENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR HER LICENSE; OR 4. THAT THE APPLICANT OR LICENSEE HAS DEMONSTRATED INCOMPETENCE OR UNTRUSTWORTHINESS IN HIS OTHER ACTIONS. S 497. TRANSITION PROVISIONS. 1. ANY PERSON WHO HAS ENGAGED IN THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING FOR NOT LESS THAN THREE CONSECUTIVE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE MAY BE LICENSED PURSUANT TO SECTION FOUR HUNDRED NINETY-FOUR OF THIS ARTICLE IF SUCH PERSON HAS MET THE REQUIREMENTS OF PARAGRAPH C OF SUBDIVISION TWO OF SUCH SECTION WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE. 2. ANY PERSON WHO HAS ENGAGED ONLY IN BRAZING INCIDENTAL TO THE INSTALLATION, IMPROVEMENT, REPAIR OR MAINTENANCE OF MEDICAL GAS PIPING FOR NOT LESS THAN THREE CONSECUTIVE YEARS PRECEDING THE EFFECTIVE DATE OF THIS ARTICLE MAY BE LICENSED PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED NINETY-FOUR OF THIS ARTICLE IF SUCH PERSON HAS MET THE REQUIREMENTS OF PARAGRAPH C OF SUCH SUBDIVISION WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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