* § 2824. Central service technicians. 1. For the purposes of this
section, the terms:

(a) "central service technician" shall mean a person who provides the
services of decontamination, preparation, packaging, sterilization, and
storage and distribution of reusable medical instrumentation or devices
in healthcare facilities other than in the course of practicing as a
healthcare professional.

(b) "healthcare facility" shall mean general hospital as defined by
subdivision ten of section twenty-eight hundred one of this article or a
hospital as defined by subdivision one of section twenty-eight hundred
one of this article operating as a diagnostic and treatment center
authorized to provide ambulatory surgical services.

(c) "healthcare professional" shall mean a person licensed or
certified pursuant to title eight of the education law.

2. A person shall not function as a central service technician in a
healthcare facility and a healthcare facility shall not employ or
otherwise contract for the services of a central service technician
unless the person meets one of the following:

(a) (i) has successfully passed a nationally accredited central
service exam for central service technicians; and (ii) holds and
maintains one of the following credentials administered by a nationally
accredited central service technician credentialing organization: the
certified registered central service technician credential, the
certified sterile processing and distribution technician credential or a
substantially equivalent credential; or

(b) provides evidence that the person was employed or otherwise
contracted for the services as a central service technician in a
healthcare facility for a cumulative period of one year, occurring
within the four years immediately prior to the effective date of this
section. In furtherance of this paragraph, any contractor or employer of
persons functioning as a central service technician 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 a central
service technician in a healthcare facility as of the effective date of
this section; or

(c) is a student or intern performing the functions of a central
service technician if the 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. A central service technician who does not meet the requirements of
paragraph (b) of subdivision two of this section shall have eighteen
months from the date of hire to obtain the certified registered central
service technician credential or the certified sterile processing and
distribution technician credential.

4. A person who qualifies to function as a central service technician
in a healthcare facility under paragraphs (a) and (b) of subdivision two
of this section must annually complete ten hours of continuing education
credits to remain qualified to function as a central service technician.

5. (a) A central service technician shall document in writing good
cause that prevents compliance with the continuing education requirement
as prescribed in subdivision four of this section, which shall include
any of the following reasons: a medical condition which requires an
extended leave of absence and is documented by an appropriate healthcare
professional, or extended active duty with the armed forces of the
United States. If one of these conditions is met, an extension to
meeting the continuing education requirement, as prescribed in
subdivision four of this section, may be granted by:

(i) the accrediting agency of a central service technician qualifying
under paragraph (a) of subdivision two of this section; or

(ii) a healthcare facility employing or contracting a central service
technician under paragraph (b) of subdivision two of this section.

(b) If an extension is granted, a central service technician shall
complete all past due continuing education requirements within ninety
days upon resolution of the medical condition or termination of extended
active duty with the armed forces of the United States.

6. A healthcare facility may employ or otherwise contract with a
person who does not meet the requirements of subdivision two of this
section to function as a central service technician in a healthcare
facility if:

(a) after a diligent and thorough effort has been made, the healthcare
facility is unable to employ or contract with a sufficient number of
qualified central service technicians who meet the requirements of this
section;

(b) the healthcare facility makes a written record of its efforts
under paragraph (a) of this subdivision and retains the record at the
healthcare facility; and

(c) the person meets the requirements of paragraph (a) of subdivision
two of this section within two years of the start of employment or
contracting for the performance of central service technician duties.

7. A healthcare facility that employs or contracts with a central
service technician shall upon request of another healthcare facility, or
upon request of a central service technician employed by, formerly
employed by or contracted to perform as a central service technician at
the healthcare facility, verify the dates of employment or contract of
such person.

8. Nothing in this section shall prohibit any healthcare professional
from performing central service technicians' tasks or functions if the
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.

9. The commissioner shall promulgate regulations as he or she may deem
appropriate to effectuate the purposes of this section.

* NB There are 2 § 2824's