S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10671
 
                           I N  A S S E M B L Y
 
                               May 10, 2018
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to the employment  of
   persons  to function as infection preventionists in certain healthcare
   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
 2827 to read as follows:
   § 2827. INFECTION PREVENTIONISTS. 1. FOR THE PURPOSES OF THIS SECTION,
 THE TERMS:
   (A) "INFECTION PREVENTIONIST" SHALL MEAN  A  PERSON  DESIGNATED  BY  A
 HEALTHCARE  FACILITY  TO  IDENTIFY INFECTIOUS DISEASE PROCESSES, CONDUCT
 SURVEILLANCE AND EPIDEMIOLOGIC  INVESTIGATIONS,  AND  DEVELOP  PLANS  TO
 PREVENT AND CONTROL THE TRANSMISSION OF INFECTIOUS AGENTS WITHIN HEALTH-
 CARE FACILITIES.
   (B)  "HEALTHCARE FACILITY" SHALL MEAN A GENERAL HOSPITAL AS DEFINED BY
 SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   (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 AN INFECTION PREVENTIONIST IN A
 HEALTHCARE FACILITY AND A HEALTHCARE FACILITY SHALL NOT EMPLOY OR OTHER-
 WISE CONTRACT FOR THE SERVICES OF AN INFECTION PREVENTIONIST UNLESS SUCH
 PERSON MEETS ONE OF THE FOLLOWING:
   (A) (I) HAS SUCCESSFULLY PASSED AN EXAM FROM A  NATIONALLY  ACCREDITED
 INFECTION  PREVENTION  AND EPIDEMIOLOGY ACCREDITING ORGANIZATION SUCH AS
 THE CERTIFICATION BOARD OF INFECTION CONTROL AND EPIDEMIOLOGY, INC.; AND
 (II) HOLDS AND  MAINTAINS  CERTIFICATION  IN  INFECTION  PREVENTION  AND
 CONTROL (CIC); OR
   (B)  PROVIDES  EVIDENCE  THAT  SUCH  PERSON  WAS EMPLOYED OR OTHERWISE
 CONTRACTED FOR THE SERVICES AS AN INFECTION PREVENTIONIST IN  A  HEALTH-
 CARE FACILITY FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN FOUR
 YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTH-
 ERANCE  OF  THIS  PARAGRAPH, ANY CONTRACTOR OR EMPLOYER OF PERSONS FUNC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15185-01-8

 A. 10671                            2
 
 TIONING AS AN INFECTION PREVENTIONIST 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 AN  INFECTION  PREVENTIONIST
 IN A HEALTHCARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION; OR
   (C)  IS  A  STUDENT OR INTERN PERFORMING THE FUNCTIONS OF AN INFECTION
 PREVENTIONIST IF SUCH STUDENT OR INTERN IS UNDER THE DIRECT  SUPERVISION
 OF AN APPROPRIATELY LICENSED OR CERTIFIED HEALTHCARE PROFESSIONAL AND IS
 FUNCTIONING WITHIN THE SCOPE OF THE STUDENT'S OR INTERN'S TRAINING.
   3.  AN  INFECTION  PREVENTIONIST WHO DOES NOT MEET THE REQUIREMENTS OF
 PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION SHALL  HAVE  THIRTY-SIX
 MONTHS  FROM  THE  DATE  OF  HIRE  TO OBTAIN THE INFECTION PREVENTIONIST
 CREDENTIAL OUTLINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
   4. A HEALTHCARE FACILITY MAY  EMPLOY  OR  OTHERWISE  CONTRACT  WITH  A
 PERSON  WHO  DOES NOT MEET THE CERTIFICATION REQUIREMENTS REQUIRED ABOVE
 TO FUNCTION AS IN AN INFECTION PREVENTIONIST IN  A  HEALTHCARE  FACILITY
 IF:
   (A)  AFTER  A  DILIGENT  AND  THOROUGH  EFFORT  HAS BEEN MADE, IF SUCH
 HEALTHCARE FACILITY UNABLE TO  EMPLOY  OR  CONTRACT  WITH  A  SUFFICIENT
 NUMBER  OF  QUALIFIED INFECTION PREVENTIONISTS WHO MEET THE REQUIREMENTS
 OF THIS SECTION;
   (B) SUCH HEALTHCARE FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS AND
 RETAINS SUCH RECORD AT THE HEALTHCARE FACILITY; AND
   (C) THE PERSON OBTAINS A CIC CREDENTIAL AS OUTLINED IN  PARAGRAPH  (A)
 OF  SUBDIVISION  TWO OF THIS SECTION, WITHIN THREE YEARS OF THE START OF
 EMPLOYMENT OR CONTRACTING FOR THE PERFORMANCE OF  INFECTION  PREVENTION-
 ISTS DUTIES.
   5.  A  HEALTHCARE FACILITY THAT EMPLOYS OR CONTRACTS WITH AN INFECTION
 PREVENTIONIST SHALL, UPON REQUEST OF  ANOTHER  HEALTHCARE  FACILITY,  OR
 UPON  REQUEST  OF  AN  INFECTION  PREVENTIONIST  EMPLOYED  BY,  FORMERLY
 EMPLOYED BY OR CONTRACTED TO PERFORM AS AN  INFECTION  PREVENTIONIST  AT
 SUCH  HEALTHCARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF
 SUCH PERSON.
   6. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE  PROFESSIONAL
 FROM  PERFORMING AN INFECTION PREVENTIONISTS' TASKS OR FUNCTIONS IF SUCH
 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.
   7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM
 APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.