Section 239 of the New York State Public Health Law - 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
    (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.