New York 2025-2026 Regular Session

New York Assembly Bill A03977 Latest Draft

Bill / Introduced Version Filed 01/30/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 3977 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. TAPIA -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to enacting the "limit- ed-scope wound care specialist certification act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "limited-scope wound care specialist certification act". 3 § 2. The education law is amended by adding a new article 169 to read 4 as follows: 5 ARTICLE 169 6 CERTIFIED LIMITED-SCOPE WOUND CARE SPECIALISTS 7 Section 8860. Legislative findings and purpose. 8 8861. Definitions. 9 8862. Limited-scope wound care specialist certification program. 10 8863. Scope of practice. 11 8864. Immunity from liability. 12 8865. Enforcement and regulation. 13 § 8860. Legislative findings and purpose. The legislature hereby finds 14 that: 15 1. Minor flesh wounds are common among vulnerable populations, includ- 16 ing those suffering from drug abuse or experiencing homelessness. 17 2. Non-profit organizations often serve these communities, providing 18 essential services where access to medical care is limited. 19 3. Empowering individuals in non-profits with the skills to administer 20 basic wound care, including the application of antibacterial and hygien- 21 ic solutions, will improve public health outcomes and prevent compli- 22 cations from untreated wounds. 23 4. This certification is intended to be similar to CPR certification, 24 providing accessible and practical training without replacing profes- 25 sional medical care. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07138-01-5 

 A. 3977 2 1 § 8861. Definitions. For the purposes of this article, the following 2 terms shall have the following meanings: 3 1. "Minor flesh wound" means a wound that involves a break in the 4 skin, such as cuts, scrapes, and abrasions, which does not penetrate 5 deeper tissues or require suturing by a licensed medical professional. 6 2. "Non-profit organization" means an organization recognized as tax- 7 exempt under section 501(c)(3) of the internal revenue code, which oper- 8 ates for charitable, educational, or other exempt purposes. 9 3. "Limited-scope wound care certification" means a certification 10 granted under this article, authorizing an individual to provide first 11 aid and basic wound care for minor flesh wounds, including the applica- 12 tion of antibacterial and hygienic solutions. 13 § 8862. Limited-scope wound care specialist certification program. 1. 14 The department shall establish a certification program for limited-scope 15 wound care specialists, which shall be modeled after existing cardiopul- 16 monary resuscitation (CPR) programs. Such program shall be open to all 17 individuals affiliated with a recognized non-profit organization, 18 provided such individuals meet the educational and training requirements 19 under this section. 20 2. To qualify for certification under this section, applicants shall 21 complete a training course approved by the department, in collaboration 22 with the department of health, which shall include: 23 (a) A minimum of one hundred hours of instruction on wound care prin- 24 ciples, including the cleaning, dressing, and monitoring of minor flesh 25 wounds; 26 (b) Instruction on the proper application of antibacterial and hygien- 27 ic solutions to prevent infection; 28 (c) Instruction on recognizing when a wound requires escalation to 29 professional medical care; and 30 (d) A hands-on practical assessment to demonstrate competency in wound 31 care techniques, including the application of antibacterial and hygienic 32 solutions. 33 3. (a) Upon successful completion of the training course established 34 under subdivision two of this section, applicants shall pass a written 35 and practical examination, developed by the department, to demonstrate 36 knowledge and skill in administering wound care. Individuals who pass 37 such examination shall be issued a limited-scope wound care specialist 38 certification. Such certification shall be valid for a period of two 39 years and may be renewed pursuant to paragraph (b) of this subdivision. 40 (b) The department shall establish refresher courses to maintain 41 competency in wound care, and minimum refresher course requirements for 42 renewal of the certification issued under this subdivision. 43 4. Certification as a limited-scope wound care specialist shall be 44 strictly limited to individuals working with or volunteering for recog- 45 nized non-profit organizations. 46 § 8863. Scope of practice. 1. Certification of limited-scope wound 47 care specialists under this article shall be limited to the care and 48 management of minor flesh wounds, including the cleaning and dressing of 49 wounds and application of antibacterial and hygienic solutions. Certi- 50 fied limited-scope wound care specialists shall not be authorized to 51 provide care for wounds that: 52 (a) Involve deeper tissues such as muscles, tendons, or bones; 53 (b) Are severely contaminated or infected; or 54 (c) Require sutures or other advanced medical interventions. 55 2. Certification as a limited-scope wound care specialist shall not 56 authorize an individual to provide wound care in hospitals, urgent care 

 A. 3977 3 1 centers, or other medical establishments, including but not limited to 2 nursing homes and clinics. 3 3. Certification as a limited-scope wound care specialist is not 4 intended to replace professional wound care certification or licensure 5 required for healthcare professionals such as nurses, nor shall it 6 preclude a licensed nurse or other healthcare professional from acquir- 7 ing additional wound care certification. 8 § 8864. Immunity from liability. Individuals certified under this 9 article, and the non-profit organizations with which such individuals 10 are affiliated, shall be granted immunity from civil liability for acts 11 or omissions during the administration of wound care, provided that such 12 care is rendered in good faith and in accordance with the scope of their 13 certification. Such immunity shall not apply in cases of gross negli- 14 gence or willful misconduct. 15 § 8865. Enforcement and regulation. 1. The department shall promulgate 16 rules and regulations necessary to implement and enforce the provisions 17 of this article. 18 2. The department shall oversee the approval of training programs and 19 certification examinations to ensure they meet the standards outlined in 20 this article. 21 § 3. This act shall take effect on the first of January next succeed- 22 ing the date upon which it shall have become a law. Effective immediate- 23 ly, the addition, amendment and/or repeal of any rule or regulation 24 necessary for the implementation of this act on its effective date are 25 authorized to be made and completed on or before such effective date.