Bill Text: NY S01448 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S01448 Detail]

Download: New_York-2015-S01448-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1448
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed 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.
                                                                  LBD00924-01-5
       S. 1448                             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.