Bill Text: NY S05052 | 2021-2022 | 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) 2022-01-05 - REFERRED TO HEALTH [S05052 Detail]

Download: New_York-2021-S05052-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5052

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 22, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- 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    § 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.
                                                                   LBD06778-02-1
        S. 5052                             2

     1    §  3721.  Training.  1.  The  commissioner,  in  consultation with the
     2  commissioner of education, shall  establish  training  requirements  for
     3  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  each  trainee's  attainment  of
     7  training  goals and competency in provision of kidney dialysis services.
     8  Kidney  dialysis  patient  care  technician  training  programs  may  be
     9  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;
    20    (b) an overview of kidney dialysis therapy; and
    21    (c)  the  legal  roles and responsibilities of kidney dialysis patient
    22  care technicians.
    23    § 3722. Practice of kidney dialysis patient care. 1. Except as  other-
    24  wise  provided  by  this  article, no person shall use the title "kidney
    25  dialysis patient care technician" nor provide kidney dialysis  services,
    26  as such services are defined by the commissioner, unless such person has
    27  completed the training required pursuant to section thirty-seven hundred
    28  twenty-one  of  this  article,  and  has  registered with the department
    29  pursuant to subdivision two of this section.
    30    2. Upon the successful completion of the training required pursuant to
    31  section thirty-seven hundred twenty-one of this article,  a  person  may
    32  register  with  the  department to become a kidney dialysis patient care
    33  technician.
    34    3. A kidney dialysis patient care technician  and  a  kidney  dialysis
    35  patient  care  technician  trainee  shall  be authorized to perform such
    36  procedures and activities as the commissioner shall deem appropriate for
    37  the level of training completed by such technician or trainee.
    38    § 3723. Exemption. The  provisions  of  section  thirty-seven  hundred
    39  twenty-two  of  this  article  shall not apply, until one year after the
    40  effective date of such section, to any person who, on the effective date
    41  of such section, has been providing kidney dialysis services for a peri-
    42  od of not less than two years.
    43    § 2. This act shall take effect on the three hundred  sixty-fifth  day
    44  after it shall have become a law; provided, however, the commissioner of
    45  health is immediately authorized to promulgate any rules and regulations
    46  necessary  to  implement  the  provisions  of section 3722 of the public
    47  health law on the effective date thereof.