§ 239 — Course work or training in infection control practices

New York § 239

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2-E: Hiv/hbv/hcv Prevention Training
• Art. 2: The Department of Health

Text

§ 239. Course work or training in infection control practices. (a)\nEvery physician, physician assistant and specialist assistant practicing\nin the state shall, on or before July first, nineteen hundred\nninety-four and every four years thereafter, complete course work or\ntraining, appropriate to the professional's practice, approved by the\ndepartment regarding infection control, which shall include sepsis, and\nbarrier precautions, including engineering and work practice controls,\nin accordance with regulatory standards promulgated by the department in\nconsultation with the department of education, to prevent the\ntransmission of HIV, HBV, HCV and infections that could lead to sepsis\nin the course of professional practice. Such coursework or training must\nalso be completed by every medical student, medical resident and\nphysician assistant student in the state as part of the orientation\nprograms conducted by medical schools, medical residency programs and\nphysician assistant programs.\n (b) Every physician, physician assistant, specialist assistant,\nmedical student, medical resident and physician assistant student must\nprovide to the department documentation demonstrating the completion of\nand competence in the coursework or training required under subdivision\n(a) of this section, provided however, that physicians subject to the\nprovisions of paragraph (f) of subdivision one of section twenty-eight\nhundred five-k of this chapter shall not be required to provide such\ndocumentation to the department.\n (c) The department shall provide an exemption from the requirements\nimposed by subdivision (a) of this section to anyone who requests such\nan exemption and who (i) clearly demonstrates to the department's\nsatisfaction that there would be no need for him or her to complete such\ncourse work or training because of the nature of his or her practice or\n(ii) that he or she has completed course work or training deemed by the\ndepartment to be equivalent to the standards for course work or training\napproved by the department pursuant to this section. An individual\ngranted an exemption must reapply to continue such exemption every four\nyears.\n (d) The department shall consult with organizations representative of\nprofessions, institutions and those with expertise in infection control\nand HIV, HBV, and HCV with respect to the regulatory standards\npromulgated pursuant to this section. On or before September first, two\nthousand eight, and periodically thereafter as determined necessary by\nthe commissioner, the department, including its patient safety center,\nin consultation with the council on graduate medical education, shall\nreview and revise the content of the coursework or training in infection\ncontrol practices as necessary to ensure that such content: (i) reflects\nthe current infection control practices and standards accepted and\npromoted by the medical and scientific communities; (ii) focuses\nparticular attention on instruction in standards of practice for which\ncompliance is suboptimal based on the department's experience; and (iii)\nemphasizes the application of infection control standards and practices\nin outpatient and ambulatory settings.\n