2023 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