Establishes integrated pest management requirements for hospitals including a requirement that all hospitals have pest management plans for pest control activities; makes related provisions.
TITLE OF BILL: An act to amend the public health law, in relation to integrated pest management requirements for hospitals
PURPOSE OR GENERAL IDEA OF THE BILL: The bill establishes requirements for integrated pest management plans for hospitals and requirements for notification of hospital occupants about pesticide applications.
SUMMARY OF PROVISIONS: The bill adds new Public Health Law § 2803-t to establish requirements for hospitals to adopt integrated pest management (IPM) plans, which must be evaluated annually and updated at least every three years. The bill also requires that all pesticide applications be conducted by certified commercial pesticide applicators.
Hospitals would be responsible for prominently posting information in advance about each pesticide application, which must remain posted for at least 48 hours. If hospitals apply pesticides to grounds, turf or trees, visual notification markers must be posted around the treated area.
JUSTIFICATION: Patients in hospitals are particularly vulnerable to exposure to harmful chemicals. Currently there are no specific requirements for pesticide applications in hospitals. The bill requires the use of IPM techniques, utilizing numerous preventive activities in place of pesticides, and only as a last resort authorizes the least toxic pesticides to be used. This requirement should reduce the amount of pesticide used in hospitals and therefore reduce exposures.
Posting notices of indoor pesticide applications should reduce exposures to patients, visitors and staff within hospitals or on outdoor property associated with hospitals. Use of fully certified pesticide applicators, rather than persons working under the supervision of certified applicators, should ensure better quality of such activities. The overall impact of the legislation will be to eliminate or minimize exposure to pesticides for' patients, staff and others. The posted notice will afford persons in hospitals which are to receive pesticide applications to take precautions to avoid exposure to harmful chemicals.
PRIOR LEGISLATIVE HISTORY: 2011-12: S.5575/A.43S2 - Died in Health 2009-10: A.1594 Passed Assembly 2007-08: A.849 Reported 2005-06: A.2267 Referred to Health (A.4521) 02/19/03 Referred to Health (A.4521) 2001-02: A.10264
There may be some nominal costs associated with outdoor posting of pesticide applications in state facilities.
EFFECTIVE DATE: The Act shall take effect 180 days after the date of enactment.
STATE OF NEW YORK ________________________________________________________________________ 831 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. PARKER -- 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 integrated pest management requirements for hospitals 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 section 2803-t to read as follows: S 2803-T. INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR HOSPITALS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED: (A) "INTEGRATED PEST MANAGEMENT" MEANS A DECISION-MAKING PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETERMINE IF AND WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL, BIOLOGICAL AND EDUCATIONAL TACTICS TO CONTROL CONDITIONS THAT PROMOTE PEST INFESTA- TIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE DAMAGE OR ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTICIDE CONTROLS. THE OVERALL GOALS OF INTEGRATED PEST MANAGEMENT ARE TO ELIMI- NATE THE UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTI- CIDES. (B) "FACILITIES" MEANS HOSPITAL BUILDINGS, LAND AND OTHER APPURTENANC- ES. 2. TO ENSURE THAT HOSPITALS ARE SAFE AND HEALTHY ENVIRONMENTS FOR PATIENTS, VISITORS AND HOSPITAL STAFF MEMBERS, CERTAIN REQUIREMENTS SHALL BE PLACED ON PESTICIDE USE IN HOSPITAL FACILITIES. (A) EACH HOSPITAL SHALL HAVE A PEST MANAGEMENT PLAN FOR ALL PEST CONTROL ACTIVITIES. SUCH PLAN SHALL UTILIZE INTEGRATED PEST MANAGEMENT TECHNIQUES TO MANAGE AND CONTROL PESTS AND PROBLEMS. EACH INTEGRATED PEST MANAGEMENT PLAN SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLEMENTATION OF THE PLAN. HOSPITALS MAY ESTAB- LISH ADVISORY COMMITTEES TO ASSIST IN THE DEVELOPMENT OF INTEGRATED PESTEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02891-01-3 S. 831 2
MANAGEMENT PLANS, AND TO MONITOR THE IMPLEMENTATION OF SUCH PLANS. NO HOSPITAL SHALL CONDUCT OR HAVE CONDUCTED ANY PESTICIDE APPLICATION TO ITS FACILITIES WHICH IS PREVENTATIVE IN NATURE AND WHICH DOES NOT RESPOND TO A VERIFIABLE PEST PROBLEM. (B) EACH HOSPITAL SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALU- ATION OF THE IMPLEMENTATION OF ITS INTEGRATED PEST MANAGEMENT PLAN TO THE DEPARTMENT. EVERY HOSPITAL SHALL UPDATE ITS INTEGRATED PEST MANAGE- MENT PLAN AT LEAST ONCE EVERY THREE YEARS. (C) EVERY PESTICIDE APPLICATION AT A HOSPITAL FACILITY SHALL BE CONDUCTED BY A CERTIFIED COMMERCIAL PESTICIDE APPLICATOR. NO SUCH APPLI- CATION SHALL BE CONDUCTED BY A PERSON NOT SO CERTIFIED REGARDLESS OF WHETHER SUCH PERSON IS WORKING UNDER THE DIRECT SUPERVISION OF A CERTI- FIED COMMERCIAL PESTICIDE APPLICATOR. (D) A NOTICE OF PESTICIDE APPLICATION AND A COPY OF THE PESTICIDE LABEL SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A BUILDING WHICH IS TO RECEIVE A PESTICIDE APPLICATION. SUCH COMMON AREA SHALL BE READILY ACCESSIBLE TO ALL PERSONS IN THE BUILDING. SUCH NOTICE AND PESTICIDE LABEL SHALL REMAIN POSTED FOR NOT LESS THAN FORTY-EIGHT HOURS FOLLOWING THE PESTICIDE APPLICATION. THE NOTICE OF PESTICIDE APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NAME AND TELEPHONE NUMBER OF A HOSPITAL EMPLOYEE OR CONTACT PERSON WHO SHALL PROVIDE DETAILED INFORMA- TION ON THE PESTICIDE APPLICATION. A COPY OF THE PESTICIDE LABEL SHALL BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN TWENTY-FOUR HOURS OF SUCH REQUEST. (E) WHEN PESTICIDES ARE APPLIED TO HOSPITAL GROUNDS, TURF, TREES OR SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED BY SECTION 33-1003 OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.