2019 New York Laws
PBH - Public Health
Article 2 - The Department of Health
Title 2-E - Hiv/hbv/hcv Prevention Training
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.