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A03290 Summary:

BILL NOA03290
 
SAME ASNo Same As
 
SPONSORJensen
 
COSPNSRDeStefano, Brown E, Bendett, Hawley
 
MLTSPNSR
 
Add Art 37-B §§3720 - 3723, Pub Health L
 
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.
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A03290 Actions:

BILL NOA03290
 
02/02/2023referred to health
01/03/2024referred to health
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A03290 Text:



 
                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.
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