Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1422 Compare Versions

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22 SENATE DOCKET, NO. 2177 FILED ON: 1/20/2023
33 SENATE . . . . . . . . . . . . . . No. 1422
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Mark C. Montigny
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to improve infection control within long-term care facilities.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthPaul A. Schmid, III8th Bristol3/2/2023Christopher Hendricks11th Bristol3/2/2023 1 of 4
1616 SENATE DOCKET, NO. 2177 FILED ON: 1/20/2023
1717 SENATE . . . . . . . . . . . . . . No. 1422
1818 By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1422) of Mark C. Montigny, Paul
1919 A. Schmid, III and Christopher Hendricks for legislation to improve infection control within
2020 long-term care facilities. Public Health.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 1476 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act to improve infection control within long-term care facilities.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Notwithstanding any general or special law to the contrary, the department
3232 2of public health shall promulgate regulations to ensure each long-term care facility, licensed
3333 3pursuant to section 71 of chapter 111, establishes and maintains an infection prevention and
3434 4control program designed to provide a safe, sanitary, and comfortable environment and to help
3535 5prevent the development and transmission of communicable diseases and infections. Said
3636 6regulations shall include, but not be limited to, the following:
3737 7 (a) Infection prevention and control program. Each facility must establish an infection
3838 8prevention and control program that must include, at a minimum, the following elements: 2 of 4
3939 9 (1) A system for preventing, identifying, reporting, investigating, and controlling
4040 10infections and communicable diseases for all residents, staff, volunteers, visitors, and other
4141 11individuals providing services under a contractual arrangement.
4242 12 (2) Written standards, policies, and procedures for the program, which must include, but
4343 13are not limited to:
4444 14 (i) A system of surveillance designed to identify possible communicable diseases or
4545 15infections before they can spread to other persons in the facility;
4646 16 (ii) When and to whom possible incidents of communicable disease or infections should
4747 17be reported;
4848 18 (iii) Standard and transmission-based precautions to be followed to prevent spread of
4949 19infections;
5050 20 (iv) When and how isolation should be used for a resident; including but not limited to:
5151 21 (A) The type and duration of the isolation, depending upon the infectious agent or
5252 22organism involved, and
5353 23 (B) A requirement that the isolation should be the least restrictive possible for the
5454 24resident under the circumstances.
5555 25 (v) The circumstances under which the facility must prohibit employees with a
5656 26communicable disease or infected skin lesions from direct contact with residents or their food, if
5757 27direct contact will transmit the disease; and 3 of 4
5858 28 (vi) The hand hygiene procedures to be followed by staff involved in direct resident
5959 29contact.
6060 30 (3) An antibiotic stewardship program that includes antibiotic use protocols and a system
6161 31to monitor antibiotic use.
6262 32 (4) A system for recording incidents identified under the facility's infection prevention
6363 33and control program and the corrective actions taken by the facility.
6464 34 (b) Infection preventionist. The facility must designate one or more individuals as the
6565 35infection preventionist who are responsible for the facility's infection prevention and control
6666 36plan. The infection preventionist must:
6767 37 (1) Have primary professional training in nursing, medical technology, microbiology,
6868 38epidemiology, or other related healthcare field;
6969 39 (2) Be qualified by education, training, experience or certification;
7070 40 (3) Work full-time at the facility; and
7171 41 (4) Have completed specialized training in infection prevention and control.
7272 42 (c) Infection prevention training for staff and volunteers. The individual designated as the
7373 43infection preventionist, or at least one of the individuals if there is more than one infection
7474 44preventionist, must provide orientation and annual in-service training to all staff, including
7575 45temporary staff and volunteers, on infection control policies and procedures. The infection
7676 46preventionist shall document the date and time of said training for each staff person and report to
7777 47the department not less than once per calendar year. 4 of 4
7878 48 SECTION 2. The department shall promulgate regulations pursuant to this Act no later
7979 49than 180 days from passage.