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

                                  5651

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, COLTON, SCHIMEL -- Multi-Sponsored
  by -- M. of A.  ABINANTI, CLARK, CYMBROWITZ, JACOBS -- read  once  and
  referred 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 PEST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02891-01-3
              

A. 5651                             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.