S T A T E O F N E W Y O R K
________________________________________________________________________
878--A
Cal. No. 449
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Health -- reported from said committee with amendments, ordered
reprinted as amended and placed on the order of second reading
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 section
2824 to read as follows:
S 2824. 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 GENERAL HOSPITAL AS DEFINED BY
SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A
HOSPITAL AS DEFINED BY SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED
ONE OF THIS ARTICLE OPERATING AS A DIAGNOSTIC AND TREATMENT CENTER
AUTHORIZED TO PROVIDE AMBULATORY SURGICAL SERVICES.
(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) (I) HAS SUCCESSFULLY PASSED A NATIONALLY ACCREDITED CENTRAL
SERVICE EXAM FOR CENTRAL SERVICE TECHNICIANS; AND (II) HOLDS AND MAIN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04692-05-3
A. 878--A 2
TAINS ONE OF THE FOLLOWING CREDENTIALS ADMINISTERED BY A NATIONALLY
ACCREDITED CENTRAL SERVICE TECHNICIAN CREDENTIALING ORGANIZATION: THE
CERTIFIED REGISTERED CENTRAL SERVICE TECHNICIAN CREDENTIAL, THE CERTI-
FIED STERILE PROCESSING AND DISTRIBUTION TECHNICIAN CREDENTIAL OR A
SUBSTANTIALLY EQUIVALENT CREDENTIAL; 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 FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN THE
FOUR 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 EACH EMPLOYEE OR CONTRACTOR HIS
OR HER EMPLOYMENT IN A CAPACITY FUNCTIONING AS A CENTRAL SERVICE TECHNI-
CIAN 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 WHO DOES NOT MEET THE REQUIREMENTS OF
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION SHALL HAVE EIGHTEEN
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) 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
PROFESSIONAL, OR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
UNITED STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO MEET-
ING THE CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED IN SUBDIVISION
FOUR OF THIS SECTION, MAY BE GRANTED BY:
(I) THE ACCREDITING AGENCY OF A CENTRAL SERVICE TECHNICIAN QUALIFYING
UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; OR
(II) A HEALTHCARE FACILITY EMPLOYING OR CONTRACTING A CENTRAL SERVICE
TECHNICIAN UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
(B) IF AN EXTENSION IS GRANTED, A CENTRAL SERVICE TECHNICIAN SHALL
COMPLETE ALL PAST DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY
DAYS UPON RESOLUTION OF THE MEDICAL CONDITION OR TERMINATION OF EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES.
6. A HEALTHCARE FACILITY MAY EMPLOY OR OTHERWISE CONTRACT WITH A
PERSON WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
SECTION TO FUNCTION AS A CENTRAL SERVICE TECHNICIAN IN A HEALTHCARE
FACILITY IF:
(A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTHCARE
FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF
QUALIFIED CENTRAL SERVICE TECHNICIANS WHO MEET THE REQUIREMENTS OF THIS
SECTION;
A. 878--A 3
(B) THE HEALTHCARE FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS
UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND RETAINS THE RECORD AT THE
HEALTHCARE FACILITY; AND
(C) THE PERSON MEETS THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION WITHIN TWO YEARS OF THE START OF EMPLOYMENT OR
CONTRACTING FOR THE PERFORMANCE OF CENTRAL SERVICE TECHNICIAN DUTIES.
7. A HEALTHCARE FACILITY THAT EMPLOYS OR CONTRACTS WITH A CENTRAL
SERVICE TECHNICIAN SHALL UPON REQUEST OF ANOTHER HEALTHCARE FACILITY, OR
UPON REQUEST OF A CENTRAL SERVICE TECHNICIAN EMPLOYED BY, FORMERLY
EMPLOYED BY OR CONTRACTED TO PERFORM AS A CENTRAL SERVICE TECHNICIAN AT
THE HEALTHCARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF
SUCH PERSON.
8. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE PROFESSIONAL
FROM PERFORMING CENTRAL SERVICE TECHNICIANS' TASKS OR FUNCTIONS IF THE
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.
9. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
S 2. This act shall take effect on the first day of the eighteenth
month after it shall have become a law.