S T A T E   O F   N E W   Y O R K
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                                  7167

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2011
                               ___________

Introduced  by  M.  of A. J. MILLER, SAYWARD, THIELE, MOLINARO -- Multi-
  Sponsored by -- M. of A.   BARCLAY, BURLING,  BUTLER,  CONTE,  CROUCH,
  DUPREY,  FINCH,  HAWLEY,  KOLB,  V. LOPEZ, OAKS, RAIA, REILICH, SPANO,
  TEDISCO -- read once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to requiring course  work
  and training in tick-borne diseases

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6505-b of the education law, as amended by  chapter
477 of the laws of 2008, is amended to read as follows:
  S 6505-b. Course  work or training in infection control practices.  1.
Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
optometrist  and  dental  hygienist practicing in the state shall, on or
before July first, nineteen hundred ninety-four  and  every  four  years
thereafter,  complete course work or training appropriate to the profes-
sional's practice approved by the department regarding infection control
and  barrier  precautions,  including  engineering  and  work   practice
controls,  in  accordance  with  regulatory standards promulgated by the
department, in consultation with the department of health,  which  shall
be consistent, as far as appropriate, with such standards adopted by the
department  of health pursuant to section two hundred thirty-nine of the
public health law to prevent the transmission of HIV, HBV or HCV in  the
course  of  professional practice. Each such professional shall document
to the department at the time of registration commencing with the  first
registration  after  July  first,  nineteen hundred ninety-four that the
professional has completed course work or training  in  accordance  with
this  section,  provided,  however  that  a  professional subject to the
provisions of paragraph (f) of subdivision one of  section  twenty-eight
hundred  five-k  of  the  public  health law shall not be required to so
document. The department shall provide an exemption from  this  require-
ment to anyone who requests such an exemption and who (i) clearly demon-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08172-01-1
              

A. 7167                             2

strates to the department's satisfaction that there would be no need for
him  or  her  to  complete  such  course work or training because of the
nature of his or her practice or (ii)  that  he  or  she  has  completed
course work or training deemed by the department to be equivalent to the
course  work  or  training  approved  by the department pursuant to this
section. The department shall consult with organizations  representative
of  professions,  institutions  and  those  with  expertise in infection
control and HIV, HBV and HCV with respect to  the  regulatory  standards
promulgated pursuant to this section.
  2.  EVERY PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL NURSE, CLIN-
ICAL LABORATORY TECHNOLOGIST AND  PHARMACIST  PRACTICING  IN  THE  STATE
SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND TWELVE AND EVERY FOUR YEARS
THEREAFTER,  COMPLETE COURSE WORK OR TRAINING APPROPRIATE TO THE PROFES-
SIONAL'S PRACTICE APPROVED BY THE DEPARTMENT AND THE TICK-BORNE  DISEASE
INSTITUTE  WITHIN  THE  DEPARTMENT OF HEALTH REGARDING INFECTION CONTROL
AND BARRIER PRECAUTIONS FOR THE PURPOSES OF DIAGNOSING AND TREATING LYME
DISEASE. TRAINING AND ANY  SUBSEQUENT  COURSE  WORK  SHALL  BE  MADE  IN
ACCORDANCE  WITH  REGULATORY  STANDARDS PROMULGATED BY THE DEPARTMENT AS
WELL AS ANY OTHER CLINICAL DATA AND RECOMMENDATIONS SET FORTH IN FEDERAL
GUIDELINES. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE  DEPARTMENT  AT
THE  TIME  OF  REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER
JULY FIRST, TWO THOUSAND TWELVE  THAT  THE  PROFESSIONAL  HAS  COMPLETED
COURSE  WORK  OR  TRAINING  IN  ACCORDANCE  WITH THIS SUBDIVISION.   THE
DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS  REQUIREMENT  TO  ANYONE
WHO  REQUESTS SUCH AN EXEMPTION AND WHO (I) CLEARLY  DEMONSTRATES TO THE
DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR HER  TO
COMPLETE    SUCH COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF HIS OR
HER PRACTICE OR (II) THAT HE OR SHE HAS  COMPLETED COURSE WORK OR TRAIN-
ING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT  TO  THE  COURSE  WORK  OR
TRAINING  APPROVED  BY  THE  DEPARTMENT  PURSUANT  TO  THIS SECTION. THE
DEPARTMENT  SHALL   CONSULT   WITH   ORGANIZATIONS   REPRESENTATIVE   OF
PROFESSIONS,  INSTITUTIONS  AND  THOSE  WITH  EXPERTISE  IN LYME DISEASE
INFECTION CONTROL AND ANY OTHER  RELATED  AWARENESS  ORGANIZATIONS  WITH
RESPECT  TO  THE  REGULATORY  STANDARDS  PROMULGATED  PURSUANT  TO  THIS
SECTION.
  S 2. This act shall take effect immediately.