NY State Senate Bill 2021-S5422

Archive: Last Bill Status - In Senate Committee Health 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 05, 2022	referred to health
Mar 04, 2021	referred to health

2021-S5422 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2803-z, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5575
2013-2014: S831
2015-2016: S2684
2017-2018: S2227
2019-2020: S5011
2023-2024: S7144

2021-S5422 (ACTIVE) - Summary

Establishes integrated pest management requirements for hospitals including a requirement that all hospitals have pest management plans for pest control activities; makes related provisions.

2021-S5422 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5422

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public health law, in relation to integrated pest
management requirements for hospitals

 
PURPOSE OR GENERAL IDEA OF THE BILL:

The bill establishes requirements for integrated pest management plans
for hospitals and requirements for notification of hospital occupants
about pesticide applications.

 
SUMMARY OF PROVISIONS:

The bill adds new Public Health Law § 2803-u to establish requirements
for hospitals to adopt integrated pest management (IPM) plans, which
must be evaluated annually and updated at least every three years.  The
bill also requires that all pesticide applications be conducted by
certified commercial pesticide applicators.  Hospitals would be respon-

sible for prominently posting information in advance about each pesti-
cide application, which must remain posted for at least 48 hours. If
hospitals apply pesticides to grounds, turf or trees, visual notifica-
tion markers must be posted around the treated area.

 
JUSTIFICATION:

Patients in hospitals are particularly vulnerable to exposure to harmful
chemicals. Currently there are no specific requirements for pesticide
applications in hospitals. The bill requires the use of IPM techniques,
utilizing numerous preventive activities in place of pesticides, and
only as a last resort authorizes the least toxic pesticides to be used.
This requirement should reduce the amount of pesticide used in hospitals
and therefore reduce exposures.

Posting notices of indoor pesticide applications should reduce exposures
to patients, visitors and staff within hospitals or on outdo or property
associated with hospitals. Use of fully certified pesticide applicators,
rather than persons working under the supervision of certified applica-
tors, should ensure better quality of such activities. The over all
impact of the legislation will be to eliminate or minimize exposure to
pesticides for patients, staff and others. The posted notice will afford
persons in hospitals which are to receive pesticide applications to take
precautions to avoid exposure to harmful chemicals.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.5011 - Referred to Health

2017-18: S.2227 - REFERRED TO HEALTH

2015-16: S.2684/A.700 - Referred to health

2013-14: S.831/A.5651- Referred to Health

2011-12: S.5575/A.43S2 - Died in Health

2009-10: A.1594 Passed Assembly
2007-08: A.849 Reported

2005-06: A.2267 Referred to Health

2003-04: A.4521 Referred to Health

2001-02: A.10264

 
FISCAL IMPLICATIONS:

There may be some nominal costs associated with outdoor posting of
pesticide applications in state facilities.

 
EFFECTIVE DATE:
The Act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S5422 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5422
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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-z to read as follows:
   §  2803-Z.  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
 MANAGEMENT PLANS, AND TO MONITOR THE IMPLEMENTATION OF  SUCH  PLANS.  NO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09348-01-1

 S. 5422                             2
 
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5422

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S5422 (ACTIVE) - Details

2021-S5422 (ACTIVE) - Summary

2021-S5422 (ACTIVE) - Sponsor Memo

2021-S5422 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5422

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S5422 (ACTIVE) - Details

2021-S5422 (ACTIVE) - Summary

2021-S5422 (ACTIVE) - Sponsor Memo

2021-S5422 (ACTIVE) - Bill Text download pdf

Comments