Establishes training and registration requirements for patient care technicians; requires training programs to be conducted by hospitals, residential health care facilities, home care services agencies, degree and non-degree granting institutions of higher education, or any other entity approved by the commissioner to conduct such a program; provides such training shall include, but not be limited to an overview of the roles and responsibilities of patient care technicians in hospitals, residential care facilities and the home care environment, an overview of various patient care services provided in hospitals, residential care facilities and the home care environment, and the legal scope of practice for patient care technicians; defines terms.
STATE OF NEW YORK
________________________________________________________________________
3290
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. JENSEN -- 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 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 PATIENT CARE TECHNICIANS
5 Section 3720. Definitions.
6 3721. Training requirements for patient care technicians.
7 3722. Patient care technician; use of title and provision of
8 services.
9 3723. Exemption.
10 § 3720. Definitions. For the purposes of this article, the following
11 terms shall have the following meanings:
12 1. "Patient care technician" means any person, other than a healthcare
13 professional or a certified nurse aide, who performs patient care tech-
14 nician services on a human in a hospital, a residential health care
15 facility, or a home as part of the provision of home care services and
16 has successfully completed the training requirements established pursu-
17 ant to section thirty-seven hundred twenty-one of this article and the
18 registration requirement established pursuant to section thirty-seven
19 hundred twenty-two of this article.
20 2. "Patient care technician trainee" means any person, other than a
21 healthcare professional or a certified nurse aide, who performs patient
22 care technician services on a human in a hospital, a residential health
23 care facility, or a home as part of the provision of home care services
24 and has enrolled in or completed the training required by section thir-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06276-01-3
A. 3290 2
1 ty-seven hundred twenty-one of this article and has not registered
2 pursuant to section thirty-seven hundred twenty-two of this article.
3 3. "Hospital" means a hospital as defined in section twenty-eight
4 hundred one of this chapter.
5 4. "Residential health care facility" means a residential health care
6 facility as defined in section twenty-eight hundred one of this chapter.
7 5. "Home care services" means home care services as defined in section
8 thirty-six hundred two of this chapter.
9 6. "Healthcare professional" means a person licensed or certified to
10 practice a healthcare profession under title eight of the education law,
11 acting within the scope of his or her practice.
12 7. "Certified nurse aide" means any person included in the nursing
13 home nurse aide registry pursuant to section twenty-eight hundred
14 three-j of this chapter.
15 § 3721. Training requirements for patient care technicians. 1. The
16 commissioner, in consultation with the commissioner of education, shall
17 establish training requirements for patient care technicians.
18 2. The training requirements established pursuant to this section and
19 the rules and regulations promulgated by the commissioner shall have
20 clearly defined criteria for evaluating each trainee's attainment of
21 training goals and competency in provision of patient care technician
22 services. Patient care technician training programs may be conducted by:
23 (a) hospitals;
24 (b) residential health care facilities;
25 (c) home care services agencies;
26 (d) degree and non-degree granting institutions of higher education as
27 defined in section two of the education law which are chartered,
28 approved or licensed by the board of regents; or
29 (e) any other entity approved by the commissioner to conduct such a
30 program.
31 3. The training established by this section shall include, but not be
32 limited to, the following topics:
33 (a) an overview of the roles and responsibilities of patient care
34 technicians in hospitals, residential care facilities and the home care
35 environment;
36 (b) an overview of various patient care services provided in hospi-
37 tals, residential care facilities and the home care environment; and
38 (c) the legal scope of practice for patient care technicians.
39 § 3722. Patient care technician; use of title and provision of
40 services. 1. Except as otherwise provided by this article, no person
41 shall use the title "patient care technician" nor provide patient care
42 technician services, as such services are defined by the commissioner,
43 unless such person has completed the training required pursuant to
44 section thirty-seven hundred twenty-one of this article, and has regis-
45 tered with the department pursuant to subdivision two of this section.
46 2. Upon the successful completion of the training required pursuant to
47 section thirty-seven hundred twenty-one of this article, a person may
48 register with the department to become a patient care technician.
49 3. A patient care technician and a patient care technician trainee
50 shall be authorized to perform such procedures and activities as the
51 commissioner shall deem appropriate for the level of training completed
52 by such technician or trainee.
53 § 3723. Exemption. The provisions of section thirty-seven hundred
54 twenty-two of this article shall not apply until one year after the
55 effective date of such section to any person who has been providing
56 patient care technician services for a cumulative period of at a minimum
A. 3290 3
1 one year, with such cumulative period occurring within the four years
2 immediately prior to the effective date of such section.
3 § 2. This act shall take effect on the first day of the twelfth month
4 after it shall have become a law. Effective immediately, the addition,
5 amendment and/or repeal of any rule or regulation necessary for the
6 implementation of this act on its effective date are authorized to be
7 made and completed on or before such effective date.