NY Pub Health L § 2824 (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 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