S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5406
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by M. of A. GUNTHER, WOERNER, SANTABARBARA, TAYLOR, L. ROSEN-
   THAL, BRABENEC, HEVESI, BRAUNSTEIN, REYES, BUTTENSCHON, SAYEGH -- read
   once and referred to the Committee on Health
 
 AN  ACT to amend the public health law, in relation to the employment of
   persons to function as infection  preventionists  in  certain  general
   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
 2831 to read as follows:
   § 2831. INFECTION PREVENTIONISTS. 1. FOR THE PURPOSES OF THIS SECTION,
 THE TERMS:
   (A)  "INFECTION  PREVENTIONIST"  SHALL  MEAN  A PERSON DESIGNATED BY A
 GENERAL HOSPITAL  TO  IDENTIFY  INFECTIOUS  DISEASE  PROCESSES,  CONDUCT
 SURVEILLANCE  AND  EPIDEMIOLOGIC  INVESTIGATIONS,  AND  DEVELOP PLANS TO
 PREVENT AND CONTROL THE TRANSMISSION OF INFECTIOUS AGENTS WITHIN GENERAL
 HOSPITALS.
   (B) "PROFESSIONAL" SHALL MEAN A PERSON LICENSED OR CERTIFIED  PURSUANT
 TO TITLE EIGHT OF THE EDUCATION LAW.
   2.  A  PERSON  SHALL  NOT  FUNCTION AS AN INFECTION PREVENTIONIST IN A
 GENERAL HOSPITAL AND A GENERAL HOSPITAL SHALL NOT  EMPLOY  OR  OTHERWISE
 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; AND (II)
 HOLDS  AND  MAINTAINS  CERTIFICATION IN INFECTION PREVENTION AND CONTROL
 FROM A  NATIONALLY  ACCREDITED  INFECTION  PREVENTION  AND  EPIDEMIOLOGY
 CERTIFICATION ORGANIZATION; OR
   (B)  PROVIDES  EVIDENCE  THAT  SUCH  PERSON  WAS EMPLOYED OR OTHERWISE
 CONTRACTED FOR THE SERVICES AS AN INFECTION PREVENTIONIST IN  A  GENERAL
 HOSPITAL  FOR  A  CUMULATIVE  PERIOD  OF ONE YEAR, OCCURRING WITHIN FOUR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07368-01-3
              

 A. 5406                             2
 
 YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTH-
 ERANCE OF THIS PARAGRAPH, ANY CONTRACTOR OR EMPLOYER  OF  PERSONS  FUNC-
 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 GENERAL HOSPITAL 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 CERTIFIED INFECTION PREVENTIONIST 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 GENERAL HOSPITAL MAY EMPLOY OR OTHERWISE CONTRACT WITH  A  PERSON
 WHO DOES NOT MEET THE CERTIFICATION REQUIREMENTS REQUIRED ABOVE TO FUNC-
 TION AS AN INFECTION PREVENTIONIST IN A GENERAL HOSPITAL IF:
   (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, IF SUCH GENER-
 AL  HOSPITAL IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF
 QUALIFIED INFECTION PREVENTIONISTS WHO MEET  THE  REQUIREMENTS  OF  THIS
 SECTION;
   (B)  SUCH  GENERAL  HOSPITAL MAKES A WRITTEN RECORD OF ITS EFFORTS AND
 RETAINS SUCH RECORD AT THE GENERAL HOSPITAL; AND
   (C) THE PERSON OBTAINS A 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  GENERAL  HOSPITAL  THAT  EMPLOYS OR CONTRACTS WITH AN INFECTION
 PREVENTIONIST SHALL, UPON REQUEST OF ANOTHER GENERAL HOSPITAL,  OR  UPON
 REQUEST  OF AN INFECTION PREVENTIONIST EMPLOYED BY, FORMERLY EMPLOYED BY
 OR CONTRACTED TO PERFORM AS AN INFECTION PREVENTIONIST AT  SUCH  GENERAL
 HOSPITAL, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF SUCH PERSON.
   6.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT  ANY 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 AUTHORIZE ANY INDIVIDUAL  NOT  LICENSED  PURSUANT  TO
 TITLE  EIGHT  OF  THE EDUCATION LAW TO PERFORM TASKS OR FUNCTIONS WITHIN
 THE SCOPE OF PRACTICE OF A 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.