Public Health Law (Rules, Requirements, and Use of Central Service Technicians)

January 20, 2015

Dear Chief Executive Officer:

This letter is to inform you about Public Health Law §2824, which was added by Chapter 177 of the Laws of 2013. This new law describes the rules, requirements, and use of central service technicians in general hospitals and diagnostic and treatment centers that are authorized to provide ambulatory surgery services. All such facilities employing central service technicians (CSTs) are required to comply with the law, effective January 1, 2015.

The Department expects that general hospitals and diagnostic and treatment centers authorized to provide ambulatory surgical services which have central service departments that perform decontamination, preparation, packaging, sterilization, and storage and distribution of reusable medical instrumentation or devices and employ CSTs, will be impacted by this law and will need to develop policies and procedures to comply with its provisions.

If the medical services you provide do not require the use of sterilization, but the standard of care is to use high level disinfection, (e.g., endoscopy reprocessing), this law does not apply to those services. While a CST is not required, it is expected that the facility follows its infection control policies as per NYCRR Part 405.11 or Part 702.4. These policies should include appropriate high level disinfection processes, the education and training of, and appropriate use of, licensed and unlicensed personnel. The Centers for Disease Control and Prevention (CDC) has published standards regarding these processes which can be found at:

http://www.cdc.gov/hicpac/Disinfection_Sterilization/3_0disinfectEquipment.html

The main components of the law are:

  1. It defines a central service technician as 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 licensed or certified pursuant to title eight of the education law.

  2. A person cannot function as a CST in a healthcare facility and a healthcare facility cannot employ or otherwise contract for the services of a CST unless the person meets one of the following:

    1. has successfully passed a nationally accredited central service exam for central service technicians; and 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

    2. provides evidence that the person was employed or otherwise contracted for the services as a CST in a healthcare facility for a cumulative period of one year, occurring within the four years immediately prior to January 1, 2015; or

    3. is a student or intern performing the functions of a CST 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. Any contractor or employer of persons functioning as a CST on the effective date of the law shall confirm in writing to each employee or contractor his or her employment as a CST.

  4. A CST who does not meet the requirements as outlined above 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.

  5. CSTs must annually complete ten hours of continuing education credits to remain qualified to function as a CST. The law does allow some limited waivers and extensions regarding this requirement.

  6. Facilities may employ or otherwise contract with a person who does not meet these requirements to function as a CST if:

    1. after a diligent and thorough effort has been made, the facility is unable to employ or contract with a sufficient number of qualified central service technicians who meet the requirements of this law;

    2. the healthcare facility makes a written record of its efforts and retains the record; and

    3. the person meets the requirements of the law within two years of the start of employment or contracting for the performance of CST duties.

  7. A facility that employs or contracts with a CST must, upon request, verify the dates of employment or contract of the person.

  8. This law contains scope of practice protections for healthcare professionals, licensed or certified pursuant to title eight of the education law.

The entire law may be accessed by going to:

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PBH2824$$@TXPBH02824+&LIST=LAW+&BROWSER=EXPL ORER+&TOKEN=26238328+&TARGET=VIEW

Please note that there are two sections 2824 of the public health law, one concerning central supply technicians and the other surgical technologists.

If you have any questions concerning this law, please contact the Division of Hospitals and Diagnostic & Treatment Centers, 875 Central Avenue, Albany NY, 12206 at 518-402-1004.

Sincerely,

Ruth Leslie Director
Division of Hospitals and Diagnostic &Treatment Centers