NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2251
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the public health law, in relation to establishing
training and registration requirements for kidney dialysis patient care
technicians
PURPOSE:
This bill establishes training and registration requirements for kidney
dialysis patient care technicians. The rules shall have clearly defined
criteria for evaluating each trainee's attainment of training goals and
competency. The bill prohibits a person from using the title "kidney
dialysis patient care technician" unless they have completed the
requirements and registered with the Department of Health.
SUMMARY OF PROVISIONS:
Section 1: Adds a new Article 37-B to the public health law. The
provisions are as follows:
Section 3720 - Adds definitions for kidney dialysis patient care techni-
cians and kidney dialysis patient care technician trainees.
Section 3721 - The Commissioner of Health, in consultation with the
Commissioner of Education, shall establish training requirements for
kidney dialysis patient care technicians. Such requirements shall have
clearly defined criteria for evaluating and training such persons. The
law provides who may provide training of such technicians and the topics
to be studied by such technician trainees.
Section 3722 - No person may use the title of such technician or perform
the work of a kidney dialysis patient care technician without satisfying
the provisions of this act.
Section 3723 - This bill grants an exemption for certain technicians so
that they will have sufficient time to satisfy the training requirements
of the act. Further, this will ensure that there is a readily available
supply of such technicians so that such services can be provided in the
near term, but with the understanding that in the long term all techni-
cians will be trained and qualified to perform such services.
JUSTIFICATION:
Currently, there are no baseline educational or training requirements
that need to be satisfied before a person can become a kidney dialysis
patient care technician. An individual is only required to complete a
health care facility based orientation usually lasting 6 to 8 weeks.
This may be insufficient time to properly train and orient such a tech-
nician for all of the duties of their job. However, the current system
expects dialysis technicians to be a fully functional team member in
this specialized field of medicine. Since there are no standardized
training programs, the existing orientation programs can differ dramat-
ically within a facility and between facilities. This lack of standardi-
zation can negatively impact patient care.
EFFECTIVE DATE:
This act shall take effect one year after enactment, with provisions.
STATE OF NEW YORK
________________________________________________________________________
2251
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06395-01-3
A. 2251 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. Effective immediately, the addition,
45 amendment and/or repeal of any rule or regulation necessary for the
46 implementation of this act on its effective date are authorized to be
47 made and completed on or before such effective date.
