Bill Text: NY A09798 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes training and registration requirements for kidney dialysis patient care technicians.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-13 - referred to health [A09798 Detail]

Download: New_York-2019-A09798-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9798

                   IN ASSEMBLY

                                    February 13, 2020
                                       ___________

        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee 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    § 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.
    24    §  3721.  Training.  1.  The  commissioner,  in  consultation with the
    25  commissioner of education, shall  establish  training  requirements  for
    26  kidney dialysis patient care technicians.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10643-01-9
        A. 9798                             2

     1    2. Such training requirements established pursuant to this section and
     2  the  rules  and  regulations  promulgated by the commissioner shall have
     3  clearly defined criteria for evaluating  each  trainee's  attainment  of
     4  training  goals and competency in provision of kidney dialysis services.
     5  Kidney  dialysis  patient  care  technician  training  programs  may  be
     6  conducted by:
     7    (a) kidney dialysis providers;
     8    (b) degree and non-degree granting institutions of higher education as
     9  defined in section two of the  education  law,  chartered,  approved  or
    10  licensed by the board of regents; or
    11    (c)  any  other  entity approved by the commissioner to conduct such a
    12  program.
    13    3. The training established by this section shall include, but not  be
    14  limited to, the following topics:
    15    (a)  an  overview of the roles and responsibilities of kidney dialysis
    16  patient care technicians;
    17    (b) an overview of kidney dialysis therapy; and
    18    (c) the legal roles and responsibilities of  kidney  dialysis  patient
    19  care technicians.
    20    §  3722. Practice of kidney dialysis patient care. 1. Except as other-
    21  wise provided by this article, no person shall  use  the  title  "kidney
    22  dialysis  patient care technician" nor provide kidney dialysis services,
    23  as such services are defined by the commissioner, unless such person has
    24  completed the training required pursuant to section thirty-seven hundred
    25  twenty-one of this article,  and  has  registered  with  the  department
    26  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    §  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    §  2.  This act shall take effect on the three hundred sixty-fifth day
    41  after it shall have become a law; provided, however, the commissioner of
    42  health is immediately authorized and directed to  promulgate  any  rules
    43  and regulations necessary to implement the provisions of section 3722 of
    44  the public health law on the effective date thereof.