§ 239. Course work or training in infection control practices. (a)
Every physician, physician assistant and specialist assistant practicing
in the state shall, on or before July first, nineteen hundred
ninety-four and every four years thereafter, complete course work or
training, appropriate to the professional's practice, approved by the
department regarding infection control, which shall include sepsis, and
barrier precautions, including engineering and work practice controls,
in accordance with regulatory standards promulgated by the department in
consultation with the department of education, to prevent the
transmission of HIV, HBV, HCV and infections that could lead to sepsis
in the course of professional practice. Such coursework or training must
also be completed by every medical student, medical resident and
physician assistant student in the state as part of the orientation
programs conducted by medical schools, medical residency programs and
physician assistant programs.

(b) Every physician, physician assistant, specialist assistant,
medical student, medical resident and physician assistant student must
provide to the department documentation demonstrating the completion of
and competence in the coursework or training required under subdivision
(a) of this section, provided however, that physicians subject to the
provisions of paragraph (f) of subdivision one of section twenty-eight
hundred five-k of this chapter shall not be required to provide such
documentation to the department.

(c) The department shall provide an exemption from the requirements
imposed by subdivision (a) of this section to anyone who requests such
an exemption and who (i) clearly demonstrates to the department's
satisfaction that there would be no need for him or her to complete such
course work or training because of the nature of his or her practice or
(ii) that he or she has completed course work or training deemed by the
department to be equivalent to the standards for course work or training
approved by the department pursuant to this section. An individual
granted an exemption must reapply to continue such exemption every four
years.

(d) The department shall consult with organizations representative of
professions, institutions and those with expertise in infection control
and HIV, HBV, and HCV with respect to the regulatory standards
promulgated pursuant to this section. On or before September first, two
thousand eight, and periodically thereafter as determined necessary by
the commissioner, the department, including its patient safety center,
in consultation with the council on graduate medical education, shall
review and revise the content of the coursework or training in infection
control practices as necessary to ensure that such content: (i) reflects
the current infection control practices and standards accepted and
promoted by the medical and scientific communities; (ii) focuses
particular attention on instruction in standards of practice for which
compliance is suboptimal based on the department's experience; and (iii)
emphasizes the application of infection control standards and practices
in outpatient and ambulatory settings.