Relates to the employment of persons to function as central service technicians in certain healthcare facilities.
TITLE OF BILL: An act to amend the public health law, in relation to the employment of persons to function as central service technicians in certain healthcare facilities
PURPOSE: To require individuals employed in the supply of central services to hospitals to be certified and undergo continuing education.
SUMMARY OF SPECIFIC PROVISIONS: Creates a new article 49-A in the public health law to address central service technicians. Section 4920, subdivision 1 defines key terms. Subdivision 2 sets forth the certification requirements for central service technicians. Subdivision 3 sets forth the continuing education requirements for central service technicians. Subdivisions 4, 5 and 6 pertains to supervisory roles of healthcare facilities and states that enforcement rests with the Department of Education. Section 2 of this bill sets forth the effective date.
JUSTIFICATION: Central service technicians prepare, distribute and control the sterile and non-sterile items and equipment used in all clinical areas of a hospital. The legislation requires the certification of persons who wish to practice in the central service, and provides certain requirements for such certification. In addition, the bill imposes a continuing education recruitment.
The goal of the central service is to maintain quality control procedures in an effort to prevent and control the spread of infection. This potential for infection in a hospital is a serious threat to the health and well-being of patients. Regulation of those who have control over the equipment that could spread infection, through the requirement for certification and continuing education, would ensure that the technicians have the requisite knowledge to prevent any spread of infection.
PRIOR LEGISLATIVE HISTORY: 2011-12: S.5155D Passed Assembly, Passed Senate, Vetoed by Governor, Memo 157 2009-10: S.3636 Referred to Higher Education 2007-08: S.3737 Referred to Higher Education
None to state.
This act shall take effect on the sixtieth day after it shall have become law, provided, however, that effective immediately the addition, amendment, and/or repeal of any rule or regulation necessary for the timely implementation of this act on its effective
date is hereby authorized and directed to be made completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 697 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GRISANTI -- 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 the employment of persons to function as central service technicians in certain health- care 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 SERVICE TECHNICIANS SECTION 4920. CENTRAL SERVICE TECHNICIANS. S 4920. CENTRAL SERVICE TECHNICIANS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERMS: (A) "CENTRAL SERVICE TECHNICIAN" SHALL MEAN A PERSON WHO PROVIDES THE SERVICES OF DECONTAMINATION, PREPARATION, PACKAGING, STERILIZATION, AND STORAGE AND DISTRIBUTION OF REUSABLE MEDICAL INSTRUMENTATION OR DEVICES IN HEALTHCARE FACILITIES OTHER THAN IN THE COURSE OF PRACTICING AS A HEALTHCARE PROFESSIONAL. (B) "HEALTHCARE FACILITY" SHALL MEAN A HOSPITAL OR AN AMBULATORY SURGICAL CENTER AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND SUBJECT TO THE OVERSIGHT AND REGULATION OF THE DEPARTMENT. (C) "HEALTHCARE PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTI- FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW. 2. A PERSON SHALL NOT FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER- WISE CONTRACT FOR THE SERVICES OF A CENTRAL SERVICE TECHNICIAN UNLESS THE PERSON MEETS ONE OF THE FOLLOWING: (A) HOLDS AND MAINTAINS THE CERTIFIED REGISTERED CENTRAL SERVICE TECH- NICIAN CREDENTIAL ADMINISTERED BY THE INTERNATIONAL ASSOCIATION OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04692-01-3 S. 697 2
HEALTHCARE CENTRAL SERVICE MATERIEL MANAGEMENT (IAHCSMM) OR THE CERTI- FIED STERILE PROCESSING AND DISTRIBUTION TECHNICIAN CREDENTIAL ADMINIS- TERED BY THE CERTIFICATION BOARD FOR STERILE PROCESSING AND DISTRIB- UTION, INC. (CBSPD) OR ANOTHER CREDENTIALING AGENCY ACCEPTABLE TO THE COMMISSIONER; OR (B) PROVIDES EVIDENCE THAT THE PERSON WAS EMPLOYED OR OTHERWISE CONTRACTED FOR THE SERVICES AS A CENTRAL SERVICE TECHNICIAN IN A HEALTH- CARE FACILITY ON OR IN THE TWO YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTHERANCE OF THIS PARAGRAPH, ANY CONTRACTOR OR EMPLOYER OF PERSONS FUNCTIONING AS A CENTRAL SERVICE TECHNICIAN ON THE EFFECTIVE DATE OF THIS SECTION SHALL CONFIRM IN WRITING TO SUCH EMPLOYEE OR CONTRACTOR HIS OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS A CENTRAL SERVICE TECHNICIAN IN A HEALTHCARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION; OR (C) IS A STUDENT OR INTERN PERFORMING THE FUNCTIONS OF A CENTRAL SERVICE TECHNICIAN IF THE STUDENT OR INTERN IS UNDER THE DIRECT SUPER- VISION OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL AND IS FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAIN- ING. 3. A CENTRAL SERVICE TECHNICIAN THAT DOES NOT MEET THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE TWELVE MONTHS FROM THE DATE OF HIRE TO OBTAIN THE CERTIFIED REGISTERED CENTRAL SERVICE TECHNICIAN CREDENTIAL OR THE CERTIFIED STERILE PROCESSING AND DISTRIBUTION TECHNICIAN CREDENTIAL. 4. A PERSON WHO QUALIFIES TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A HEALTHCARE FACILITY UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF THIS SECTION MUST ANNUALLY COMPLETE TEN HOURS OF CONTINUING EDUCATION CREDITS TO REMAIN QUALIFIED TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN. 5. A CENTRAL SERVICE TECHNICIAN SHALL DOCUMENT IN WRITING GOOD CAUSE THAT PREVENTS COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENT AS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL INCLUDE ANY OF THE FOLLOWING REASONS: A MEDICAL CONDITION WHICH REQUIRES AN EXTENDED LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE PROFES- SIONAL OR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO MEETING THE CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, MAY BE MADE BY: (A) INTERNATIONAL ASSOCIATION OF CENTRAL SERVICE MATERIEL MANAGEMENT OR CERTIFICATION BOARD FOR STERILE PROCESSING AND DISTRIBUTION, INC. FOR A CENTRAL SERVICE TECHNICIAN UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; OR (B) A HEALTHCARE FACILITY FOR A CENTRAL SERVICE TECHNICIAN UNDER PARA- GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. IF AN EXTENSION IS GRANTED, A CENTRAL SERVICE TECHNICIAN SHALL COMPLETE ALL PAST DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY DAYS UPON RESOLUTION OF A MEDICAL CONDITION OR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES. 6. A HEALTH CARE FACILITY WHO EMPLOYS OR CONTRACTS WITH A CENTRAL SERVICE TECHNICIAN SHALL UPON REQUEST OF A CENTRAL SERVICE TECHNICIAN EMPLOYED BY, FORMERLY EMPLOYED BY OR CONTRACTED TO PERFORM AS A CENTRAL SERVICE TECHNICIAN AT THE HEALTH CARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF SUCH PERSON. THERE SHALL BE WORKING RELATION- SHIPS AMONG MEDICAL STAFF, NURSING STAFF AND CENTRAL SERVICE TECHNICIAN TO ASSURE THAT ALL PATIENT CARE NEEDS ARE MET. 7. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL FROM PERFORMING CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS IF THES. 697 3
PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN THIS SECTION SHALL MEAN THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE. 8. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS SECTION IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER. 9. THE COMMISSIONER SHALL MAKE, ADOPT, PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION. S 2. This act shall take effect on the sixtieth day after it shall have become a law.