S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1570
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI,  GALEF, BENEDETTO, BROOK-KRASNY,
         COLTON, CAHILL, CLARK, JAFFEE -- Multi-Sponsored by -- M. of A. GLICK,
         HOOPER, RIVERA, ROBINSON, SCARBOROUGH -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to establishing stan-
         dards and programs relating to the prevention and/or reduction of  the
         incidence of hospital-acquired infections
         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 two new sections
    2  2819-a and 2819-b to read as follows:
    3    S 2819-A. HOSPITAL-ACQUIRED INFECTION PREVENTION STANDARDS.  1.    THE
    4  COMMISSIONER  SHALL  PROMULGATE  AND ADMINISTER REGULATIONS AND POLICIES
    5  GOVERNING THE PREVENTION OF AND/OR THE REDUCTION  IN  THE  INCIDENCE  OF
    6  HOSPITAL-ACQUIRED  INFECTIONS  IN  PATIENTS IN HOSPITALS AND RESIDENTIAL
    7  HEALTH CARE FACILITIES, AND SUCH RULES AND REGULATIONS AS HE OR SHE  MAY
    8  DEEM APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
    9    2. THE DEPARTMENT SHALL ESTABLISH REGULATORY STANDARDS, INCLUDING, BUT
   10  NOT  LIMITED  TO  QUALITY  CONTROL,  EDUCATIONAL AND TRAINING STANDARDS,
   11  REGARDING THE PREVENTION OF AND/OR THE REDUCTION  IN  THE  INCIDENCE  OF
   12  HOSPITAL-ACQUIRED  INFECTIONS.  THESE STANDARDS SHALL BE CONSISTENT WITH
   13  THE RECOMMENDATIONS OF RECOGNIZED CENTERS OF EXPERTISE IN THE  IDENTIFI-
   14  CATION AND PREVENTION OF HOSPITAL-ACQUIRED INFECTIONS INCLUDING, BUT NOT
   15  LIMITED  TO  THE  NATIONAL HEALTH CARE SAFETY NETWORK OF THE CENTERS FOR
   16  DISEASE CONTROL AND PREVENTION OR ITS SUCCESSOR.  THE  DEPARTMENT  SHALL
   17  ALSO  CONSULT  WITH  ORGANIZATIONS REPRESENTATIVE OF PROFESSIONS, INSTI-
   18  TUTIONS AND THOSE WITH EXPERTISE IN INFECTION CONTROL  WITH  RESPECT  TO
   19  THE REGULATORY STANDARDS PROMULGATED PURSUANT TO THIS SECTION, AND SHALL
   20  PROMULGATE  SUCH  REGULATIONS  IN  CONSULTATION  WITH  THE DEPARTMENT OF
   21  EDUCATION. THE DEPARTMENT SHALL  SOLICIT  AND  CONSIDER  PUBLIC  COMMENT
   22  PRIOR TO SUCH ESTABLISHMENT OF SUCH STANDARDS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01652-01-5
       A. 1570                             2
    1    3. WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DEPARTMENT ESTABLISHES THE
    2  STANDARDS  DESCRIBED  IN  SUBDIVISION  TWO OF THIS SECTION, EACH GENERAL
    3  HOSPITAL SHALL DEVELOP, ADOPT, IMPLEMENT AND MAINTAIN A COORDINATED PLAN
    4  TO PREVENT AND/OR REDUCE THE INCIDENCE OF  HOSPITAL-ACQUIRED  INFECTIONS
    5  IN  COMPLIANCE  WITH THE DEPARTMENT REGULATIONS. SUCH PLAN SHALL PROVIDE
    6  FOR THE FOLLOWING, AT A MINIMUM:
    7    (A) DEPARTMENTAL STANDARDS FOR THE PREVENTION OF AND/OR THE  REDUCTION
    8  IN THE INCIDENCE OF HOSPITAL-ACQUIRED INFECTIONS;
    9    (B)  MANDATORY EDUCATIONAL AND TRAINING PROGRAMS FOR EMPLOYEES DEALING
   10  WITH THE PREVENTION OF AND/OR THE REDUCTION IN THE INCIDENCE  OF  HOSPI-
   11  TAL-ACQUIRED INFECTIONS;
   12    (C)  THE  ESTABLISHMENT  OF  A  QUALITY  ASSURANCE  COMMITTEE WITH THE
   13  RESPONSIBILITY TO REVIEW SERVICES RENDERED IN THE HOSPITAL IN  ORDER  TO
   14  IMPROVE THE QUALITY OF INFECTION PREVENTION AND REDUCTION MEASURES. SUCH
   15  COMMITTEE SHALL OVERSEE AND COORDINATE THE PROGRAM AND SHALL INSURE THAT
   16  INFORMATION  GATHERED  PURSUANT TO THE PROGRAM IS UTILIZED TO REVIEW AND
   17  TO REVISE HOSPITAL POLICIES AND PROCEDURES. AT LEAST ONE MEMBER  OF  THE
   18  COMMITTEE  SHALL  BE A MEMBER OF THE GOVERNING BOARD OF THE HOSPITAL WHO
   19  IS NOT OTHERWISE AFFILIATED  WITH  THE  HOSPITAL  IN  AN  EMPLOYMENT  OR
   20  CONTRACTUAL CAPACITY;
   21    (D)  THE  PERIODIC  REVIEW  AND  THE  REVIEW AS OTHERWISE WARRANTED IN
   22  SPECIFIC INSTANCES AND CIRCUMSTANCES OF THE  EFFECTIVENESS  OF  MEASURES
   23  DESIGNED  TO  PREVENT  AND/OR  REDUCE THE INCIDENCE OF HOSPITAL-ACQUIRED
   24  INFECTIONS; AND
   25    (E) POLICIES TO ENSURE COMPLIANCE WITH THE REPORTING  REQUIREMENTS  OF
   26  SECTION TWENTY-EIGHT HUNDRED NINETEEN OF THIS ARTICLE.
   27    4.  REGULATIONS  UNDER  THIS SECTION SHALL INCLUDE STANDARDS TO ASSURE
   28  THE PROTECTION OF PATIENT PRIVACY IN DATA COLLECTED AND  RELEASED  UNDER
   29  THIS SECTION.
   30    5.  FOR  THE  PURPOSES  OF THIS SECTION, "HOSPITAL-ACQUIRED INFECTION"
   31  SHALL MEAN ANY LOCALIZED OR SYSTEMIC PATIENT CONDITION THAT:
   32    (A) RESULTED FROM THE PRESENCE OF AN INFECTIOUS AGENT  OR  AGENTS,  OR
   33  ITS  TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAMINATION OR BY LABORA-
   34  TORY TESTING; AND
   35    (B) WAS NOT FOUND TO BE PRESENT OR INCUBATING AT THE TIME OF ADMISSION
   36  UNLESS THE INFECTION WAS RELATED TO A PREVIOUS ADMISSION.
   37    S 2819-B. EDUCATION AND TRAINING PROGRAMS IN INFECTION  CONTROL  PRAC-
   38  TICES  FOR STERILE PROCESSING PROFESSIONALS. 1. FOR THE PURPOSES OF THIS
   39  SECTION:
   40    (A) "HOSPITAL-ACQUIRED INFECTION" SHALL MEAN ANY LOCALIZED OR SYSTEMIC
   41  PATIENT CONDITION THAT: (I) RESULTED FROM THE PRESENCE OF AN  INFECTIOUS
   42  AGENT  OR AGENTS, OR ITS TOXIN OR TOXINS AS DETERMINED BY CLINICAL EXAM-
   43  INATION OR BY LABORATORY TESTING; AND (II) WAS NOT FOUND TO  BE  PRESENT
   44  OR  INCUBATING AT THE TIME OF ADMISSION UNLESS THE INFECTION WAS RELATED
   45  TO A PREVIOUS ADMISSION; AND
   46    (B) "STERILE PROCESSING PROFESSIONALS" SHALL MEAN PERSONNEL PERFORMING
   47  CLEANING, DISINFECTION, STERILIZATION AND  INVENTORY  MANAGEMENT  ACTIV-
   48  ITIES IN THE HOSPITAL SETTING.
   49    2. EACH GENERAL HOSPITAL SHALL:
   50    (A)  ENSURE  THAT ALL STERILE PROCESSING PROFESSIONALS EMPLOYED BY THE
   51  HOSPITAL SHALL, ON OR BEFORE JULY  FIRST,  TWO  THOUSAND  SEVENTEEN  AND
   52  EVERY  FOUR  YEARS THEREAFTER, COMPLETE COURSE WORK OR TRAINING IN TECH-
   53  NIQUES  TO  PREVENT  OR  REDUCE  THE  INCIDENCE   OF   HOSPITAL-ACQUIRED
   54  INFECTIONS,  APPROPRIATE  TO THE PROFESSIONAL'S PRACTICE AND APPROVED BY
   55  THE DEPARTMENT IN ACCORDANCE WITH THE REGULATORY  STANDARDS  PROMULGATED
   56  BY THE DEPARTMENT; AND
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    1    (B)  CERTIFY  SO  TO  THE  DEPARTMENT. THE DEPARTMENT SHALL PROVIDE AN
    2  EXEMPTION FROM THIS REQUIREMENT TO ANYONE WHO REQUESTS SUCH AN EXEMPTION
    3  AND WHO (I) CLEARLY DEMONSTRATES TO THE DEPARTMENT'S  SATISFACTION  THAT
    4  THERE  WOULD  BE  NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSE WORK OR
    5  TRAINING BECAUSE OF THE NATURE OF HIS OR HER PRACTICE OR (II) THAT HE OR
    6  SHE HAS COMPLETED COURSE WORK OR TRAINING DEEMED BY THE DEPARTMENT TO BE
    7  EQUIVALENT  TO THE STANDARDS FOR COURSE WORK OR TRAINING APPROVED BY THE
    8  DEPARTMENT PURSUANT TO THIS SECTION.
    9    S 2. This act shall take effect on the one hundred eightieth day after
   10  it shall have become a law; provided, however, that effective immediate-
   11  ly, the addition, amendment or repeal of any rule or  regulation  neces-
   12  sary  for  the  implementation  of  this  act  on its effective date are
   13  authorized and directed to be made  and  completed  on  or  before  such
   14  effective date.