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.