Bill Text: NJ S2332 | 2016-2017 | Regular Session | Amended

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Bill Title: "Health Care Industry Representative Certifcation Act"; establishes requirements for certification of health care industry representatives.**

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2017-12-07 - Received in the Assembly, Referred to Assembly Health and Senior Services Committee [S2332 Detail]

Download: New_Jersey-2016-S2332-Amended.html

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[First Reprint]

SENATE, No. 2332

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JUNE 9, 2016

 

 

Sponsored by:

Senator  ROBERT M. GORDON

District 38 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Establishes requirements for certification of health care industry representatives.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Health, Human Services and Senior Citizens Committee on June 1, 2017, with amendments.

  

An Act concerning ¹[vendors at]¹ health care ¹[facilities] industry representatives¹ and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  ¹As used in this act:

     "Commissioner" means the Commissioner of Health.

     "Department" means the Department of Health.

     "Health care facility" means a health care facility licensed by the department pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     "Health care industry representative" or "HCIR" means any supplier, vendor, sales representative, or any other business partner who sells products, services, and technologies, or who provides education, in-services, or technical advice on specific products.

     "Tier One HCIR" means an HCIR who enters a health care facility for administrative purposes which involve no direct access to, or contact with, patients or clinical areas.  For the purposes of this section, "administrative purposes" shall include business meetings to discuss a business relationship, contractual issues, financial issues, and any other such matters as the commissioner deems to be administrative in nature.

     "Tier Two HCIR" means an HCIR who enters a health care facility to provide technical support, provide education and consultation services, conduct product and service sales, or operate equipment.  A Tier Two HCIR may have direct access to any area of the facility that is not designated as sterile or restricted, but shall not, while at the facility, operate clinical equipment used in patient care or for treatment purposes or otherwise access any area of the facility designated as sterile or restricted.

     "Tier Three HCIR" means an HCIR who enters a health care facility for purposes which may include:  direct access to patient care environments and clinical care areas, including sterile or restricted areas; direct contact with patients; or the operation of clinical equipment used in patient care or for treatment purposes.

     b.¹ The ¹[Commissioner of Health] commissioner¹ shall establish by regulation, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), standards and requirements for the certification of ¹[vendors providing goods or services or conducting other business at health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)] Tier Two HCIRs and Tier Three HCIRs.  No special certification shall be required for a Tier One HCIR, who shall have access to a given health care facility subject to the same terms and conditions as apply to other visitors with general access to the facility¹.  A ¹[vendor] Tier Two or Tier Three HCIR¹ certification issued under this section shall be valid at every ¹health care¹ facility ¹[licensed by the Department of Health] in the State¹, and no facility shall establish, as a requirement to provide goods or services or conduct business at the facility, any training, certification, or other requirements that are in addition to the requirements established pursuant to this section. 

     ¹[b.  The standards and requirements established under this section shall include, but need not be limited to: professional certification or licensure requirements; training in patient safety and preventing the spread of infectious disease; training concerning patient privacy rights and the confidentiality of patient health records; standards and requirements for vendors having direct contact with patients; mandatory immunizations; criminal history record background checks; and any other standards or requirements the commissioner deems necessary and appropriate.  To the extent possible, the commissioner shall waive any training or other requirement established under this section for an applicant who has completed an equivalent of the training or other requirement as a condition of professional licensure or certification.]¹

     c.     The standards and requirements ¹[established under this section may include multiple certification levels based on the nature of the vendor's goods, services, or business, the nature and degree of contact the vendor will have with patients, the level of access the vendor will have to confidential patient information, the level of supervision by facility staff that will be required for the vendor, and any other factors the commissioner deems relevant] for Tier Two HCIR certification and Tier Three HCIR certification shall be as follows:

     (1)   To qualify for Tier Two HCIR certification, the applicant shall submit to the department the following:

     (a)   certification from the applicant's employer that the applicant has completed all applicable product and service training;

     (b)   certification from the applicant's employer that the employer has completed a criminal history record background check of the applicant;

     (c)   certification that the applicant has successfully completed appropriate training in compliance with the federal privacy rule established pursuant to the "Health Insurance Portability and Accountability Act of 1996" (HIPAA), Pub. L. 104-191;

     (d)   certification that the applicant has successfully completed appropriate training in universal precautions to prevent the spread of bloodborne pathogens;

     (e)   certification that the applicant will adhere to the standard code of conduct for HCIRs, as set forth in subsection e. of this section, while providing services at a health care facility;

     (f)   proof of the applicant's employer's liability insurance; and

     (g)   proof that the applicant has received the current influenza vaccine.

     (2)   To qualify for Tier Three HCIR certification, the applicant shall submit to the department the following:

     (a)   all materials described in paragraph (1) of this subsection;

     (b)   certification that the applicant has successfully completed appropriate training in operating room protocols consistent with current guidelines issued by the American College of Surgeons (ACS) and the Association of periOperative Registered Nurses (AORN);

     (c)   certification that the applicant has successfully completed appropriate training in fire safety protocols;

     (d)   proof of a current negative test for tuberculosis, which shall be completed no less than once every three years, or at such intervals as the commissioner may establish by regulation;

     (e)   proof of a negative screening or test for illegal drug use; and

     (f)   vaccination records that include proof the applicant is vaccinated against measles, mumps, rubella, varicella, tetanus, diphtheria, pertussis, hepatitis B, and any other disease as may be required by the commissioner.  Health care facilities may petition the commissioner to require Tier Three HCIRs to receive additional vaccinations as a condition of accessing that facility, which petition may be granted at the discretion of the commissioner¹.

     d.    ¹The commissioner shall issue a Tier Two HCIR certification to any applicant who submits the materials required pursuant to paragraph (1) of subsection c. of this section, and a Tier Three HCIR certification to any applicant who submits the materials required pursuant to paragraph (2) of subsection c. of this section.  The commissioner shall provide each certified HCIR with an identification badge that includes the HCIR's name and employer, a photo of the HCIR, and the HCIR's authorized tier level.¹  The commissioner may charge a reasonable fee for the issuance or renewal of ¹[a vendor] an HCIR¹ certification ¹and identification badge¹.  ¹[A vendor] An HCIR¹ certification shall be valid for ¹[one year] three years¹.

     e.     ¹Certified HCIRs shall adhere to the following standard code of conduct while providing Tier Two or Tier Three HCIR services at a health care facility:

     (1)   The HCIR shall act in a professional manner, including, but not limited to:

     (a)   treating patients, staff, and colleagues with dignity and empathy;

     (b)   conducting all actions and encounters while at the facility in an honest and honorable manner;

     (c)   respecting the privacy and confidentiality of patients and patient health information;

     (d)   conducting all verbal, nonverbal, and written communications in a mutually-respectful manner;

     (e)   ensuring a timely and appropriate response in all communications and messages between the HCIR and the facility; and

     (f)   ensuring a prompt response to facility pages during such times as the HCIR is on call at the facility.

     (2)   The HCIR shall not act in an unprofessional manner, including, but not limited to:

     (a)   engaging in behavior that impedes the ability of health care professionals at the facility to deliver quality patient care;

     (b)   threatening any person;

     (c)   engaging in verbal, written, or physical attacks that are personal in nature or outside the bounds of fair professional conduct;

     (d)   shouting or using vulgar, profane, abusive, or otherwise offensive language;

     (e)   expressing anger in inappropriate ways, such as throwing objects or destroying property;

     (f)   engaging in conduct that demeans, belittles, or berates the dignity of any person; and

     (g)   engaging in abusive conduct with respect to any person who has filed or may file a complaint or concern.

     (3)   The HCIR shall not engage in any form of unlawful harassment, including, but not limited to, harassment on the basis of race, religion, sex, national origin, age, marital status, sexual orientation, or disability.

     f.¹   The commissioner shall approve ¹[vendor certification] HCIR training¹ programs ¹[that meet the requirements of the regulations promulgated pursuant to this section,]¹ and ¹[shall]¹ establish a schedule of the maximum fees that ¹the programs¹ may ¹[be charged by vendor certification programs to vendors, which may] charge to HCIRs, which shall¹ be based on a sliding scale governed by the size of the ¹[vendor's] HCIR's¹ business or organization.

     ¹g.   The commissioner shall, at least biennially, review the standards and requirements for HCIR certification established pursuant to this section to determine if these standards and requirements are consistent with national standards and current trends in HCIR certification.  The commissioner may submit to the Legislature recommendations for any legislation or other legislative action concerning HCIR certification as the commissioner deems necessary and appropriate.¹

 

     2.    This act shall take effect immediately.