N.Y. Public Health Law § 2824: Central service technicians

* § 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