N.Y. Public Health Law § 239: Course work or training in infection control practices

§ 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.