Relates to supervising the transfilling of medical oxygen; requires registered wholesalers who transfill medical oxygen to ensure any person responsible for supervising such process meets certain qualifications.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5121A
SPONSOR: Stirpe TITLE OF BILL:
An act to amend the education law, in relation to supervising the trans-
filling of medical oxygen
PURPOSE:
This bill seeks to allow establishments that transfill medical oxygen
the ability to hire supervisors overseeing the process of transfilling
medical oxygen provided applicants have completed training in accordance
with requirements established in Title 21 of the Code of Federal Regu-
lations.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 6808 of the Education Law is amended by adding a new
subdivision 9 that establishes the required training individuals super-
vising the transfilling of medical oxygen within wholesaler operations
must meet in order to perform that function.
Section 2: Sets the effective date.
JUSTIFICATION:
Establishments that transfill medical oxygen are finding it increasingly
difficult to attract and retain people qualified to supervise the proc-
ess of transfilling medical oxygen. This is primarily the result of
standards set by the Board of Pharmacy which exceed the standards estab-
lished in the Code of Federal Regulations ("CFR"). Currently, CFR
requires that a supervisor possess the necessary education, training,
and experience, or any combination thereof to perform such function.
Meanwhile, the Board of Pharmacy requires a supervisor to either have a
background as a respiratory therapist certified by a national accredit-
ing body; hold a bachelor's degree in chemistry, microbiology, chemical
engineering or related field; or have two years of education beyond high
school and two years experience in handling of compressed medical gases
satisfactory to the State Board of Pharmacy. The Board of Pharmacy's
educational requirements do not prepare, nor do they ensure that an
individual is qualified to supervise the process of transfilling medical
oxygen as there are no classes within those academic programs that teach
the skills necessary to supervise the act of transfilling medical
oxygen. Rather, the skills necessary to supervise the process of trans-
filling medical oxygen are only taught by the establishments that fill
medical oxygen.
Therefore, New York should adopt standards that align with those set by
the federal government that provide sufficient safeguards to ensure
medical oxygen has the safety, identity, strength, quality, and purity
that it purports or is represented to possess without creating an undue
burden on establishments that transfill medical oxygen.
LEGISLATIVE HISTORY:
2022: A.9425 - Referred to Higher Education
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
5121--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 2, 2023
___________
Introduced by M. of A. STIRPE, MAGNARELLI, DICKENS, LUPARDO, GUNTHER,
McDONALD -- Multi-Sponsored by -- M. of A. SIMON -- read once and
referred to the Committee on Higher Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the education law, in relation to supervising the trans-
filling of medical oxygen
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6808 of the education law is amended by adding a
2 new subdivision 9 to read as follows:
3 9. Supervision requirements for wholesalers transfilling medical
4 oxygen. Wholesalers registered under this section which transfill
5 medical oxygen shall ensure any person responsible for supervising the
6 transfilling of medical oxygen is:
7 a. a respiratory therapist certified by a national accrediting body;
8 b. a person holding a bachelor's degree in chemistry, microbiology,
9 chemical engineering or a related field;
10 c. a person having two years of education beyond high school and two
11 years experience in the handling of compressed medical gases satisfac-
12 tory to the state board of pharmacy; or
13 d. a person having training in accordance with the requirements estab-
14 lished in section 211.25 of title 21 of the code of federal regulations.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law. Effective immediately, the addition, amend-
17 ment and/or repeal of any rule or regulation necessary for the implemen-
18 tation of this act on its effective date are authorized to be made and
19 completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00331-05-3
