S T A T E O F N E W Y O R K
________________________________________________________________________
4047
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
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Introduced by M. of A. PRETLOW, JAFFEE, WEISENBERG -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing
training and registration requirements for kidney dialysis patient
care technicians
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new article
2 37-B to read as follows:
3 ARTICLE 37-B
4 KIDNEY DIALYSIS PATIENT
5 CARE TECHNICIANS
6 SECTION 3720. DEFINITIONS.
7 3721. TRAINING.
8 3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE.
9 3723. EXEMPTION.
10 S 3720. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
11 1. "KIDNEY DIALYSIS PATIENT CARE TECHNICIAN" MEANS ANY PERSON, NOT
12 LICENSED TO PRACTICE MEDICINE OR NURSING, OR AS A PHYSICIAN ASSISTANT OR
13 SPECIALIST ASSISTANT, WHO PERFORMS KIDNEY DIALYSIS SERVICES ON A HUMAN
14 AND HAS SUCCESSFULLY COMPLETED THE TRAINING REQUIREMENTS ESTABLISHED
15 PURSUANT TO SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE AND
16 THE REGISTRATION REQUIREMENT OF SECTION THIRTY-SEVEN HUNDRED TWENTY-TWO
17 OF THIS ARTICLE.
18 2. "KIDNEY DIALYSIS PATIENT CARE TECHNICIAN TRAINEE" MEANS ANY PERSON,
19 NOT LICENSED TO PRACTICE MEDICINE OR NURSING, OR AS A PHYSICIAN ASSIST-
20 ANT OR SPECIALIST ASSISTANT, WHO PERFORMS KIDNEY DIALYSIS SERVICES ON A
21 HUMAN AND HAS ENROLLED IN OR COMPLETED THE TRAINING REQUIRED BY SECTION
22 THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE AND HAS NOT REGISTERED
23 PURSUANT TO SECTION THIRTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07631-01-3
A. 4047 2
1 S 3721. TRAINING. 1. THE COMMISSIONER, IN CONSULTATION WITH THE
2 COMMISSIONER OF EDUCATION, SHALL ESTABLISH STANDARDIZED TRAINING
3 REQUIREMENTS FOR KIDNEY DIALYSIS PATIENT CARE TECHNICIANS.
4 2. SUCH TRAINING REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION AND
5 THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER SHALL HAVE
6 CLEARLY DEFINED CRITERIA FOR EVALUATING, ON AN ANNUAL BASIS, EACH TRAIN-
7 EE'S ATTAINMENT OF TRAINING GOALS AND COMPETENCY IN PROVISION OF KIDNEY
8 DIALYSIS SERVICES. KIDNEY DIALYSIS PATIENT CARE TECHNICIAN TRAINING
9 PROGRAMS MAY BE CONDUCTED BY:
10 (A) KIDNEY DIALYSIS PROVIDERS;
11 (B) DEGREE AND NON-DEGREE GRANTING INSTITUTIONS OF HIGHER EDUCATION AS
12 DEFINED IN SECTION TWO OF THE EDUCATION LAW, CHARTERED, APPROVED OR
13 LICENSED BY THE BOARD OF REGENTS; OR
14 (C) ANY OTHER ENTITY APPROVED BY THE COMMISSIONER TO CONDUCT SUCH A
15 PROGRAM.
16 3. THE TRAINING ESTABLISHED BY THIS SECTION SHALL INCLUDE, BUT NOT BE
17 LIMITED TO, THE FOLLOWING TOPICS:
18 (A) AN OVERVIEW OF THE ROLES AND RESPONSIBILITIES OF KIDNEY DIALYSIS
19 PATIENT CARE TECHNICIANS; AND
20 (B) AN OVERVIEW OF KIDNEY DIALYSIS THERAPY.
21 S 3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE. 1. EXCEPT AS OTHER-
22 WISE PROVIDED BY THIS ARTICLE, NO PERSON SHALL PROVIDE KIDNEY DIALYSIS
23 SERVICES, AS SUCH SERVICES ARE DEFINED BY THE COMMISSIONER, UNLESS SUCH
24 PERSON HAS COMPLETED THE TRAINING REQUIRED PURSUANT TO SECTION
25 THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE, AND HAS REGISTERED WITH
26 THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
27 2. UPON THE SUCCESSFUL COMPLETION OF THE TRAINING REQUIRED PURSUANT TO
28 SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE, A PERSON MAY
29 REGISTER WITH THE DEPARTMENT TO BECOME A KIDNEY DIALYSIS PATIENT CARE
30 TECHNICIAN.
31 3. A KIDNEY DIALYSIS PATIENT CARE TECHNICIAN AND A KIDNEY DIALYSIS
32 PATIENT CARE TECHNICIAN TRAINEE SHALL BE AUTHORIZED TO PERFORM SUCH
33 PROCEDURES AND ACTIVITIES AS THE COMMISSIONER SHALL DEEM APPROPRIATE FOR
34 THE LEVEL OF TRAINING COMPLETED BY SUCH TECHNICIAN OR TRAINEE.
35 S 3723. EXEMPTION. THE PROVISIONS OF SECTION THIRTY-SEVEN HUNDRED
36 TWENTY-TWO OF THIS ARTICLE SHALL NOT APPLY, UNTIL ONE YEAR AFTER THE
37 EFFECTIVE DATE OF SUCH SECTION, TO ANY PERSON WHO, ON THE EFFECTIVE DATE
38 OF SUCH SECTION, HAS BEEN PROVIDING KIDNEY DIALYSIS SERVICES FOR A PERI-
39 OD OF NOT LESS THAN TWO YEARS.
40 S 2. This act shall take effect immediately; except that section 3722
41 of the public health law, as added by section one of this act, shall
42 take effect one year after the effective date of this act, and the
43 commissioner of health is immediately authorized and directed to promul-
44 gate any rules and regulations necessary to implement the provisions of
45 such section 3722 on the effective date thereof.