NY State Senate Bill 2009-S3675

Senate Bill S3675

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Mar 27, 2009	referred to consumer protection

co-Sponsors

2009-S3675 (ACTIVE) - Details

See Assembly Version of this Bill:: A5417
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 28-F §§491 - 497, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4702, A4612
2013-2014: S1528, A5644
2015-2016: A2315
2017-2018: A6851
2019-2020: A5786

2009-S3675 (ACTIVE) - Summary

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.

2009-S3675 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3675

 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
comply 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 :

2008: S.7955 Consumer Protection/A.9888 Economic Development

 FISCAL IMPLICATIONS :

None.

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

2009-S3675 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3675

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced by Sens. FLANAGAN, MORAHAN -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06734-01-9

S. 3675                             2

  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:

S. 3675                             3

  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. 3675                             4

  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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Senate Bill S3675

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John J. Flanagan