Assembly Bill A10470

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10470--A

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced  by  M.  of  A.  PRETLOW, JAFFEE, WEISENBERG -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.  The  public health law is amended by adding a new article
37-A to read as follows:
                               ARTICLE 37-A
                         KIDNEY DIALYSIS PATIENT
                            CARE TECHNICIANS
SECTION 3720. DEFINITIONS.
        3721. TRAINING.
        3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE.
        3723. EXEMPTION.
  S 3720. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "KIDNEY DIALYSIS PATIENT CARE TECHNICIAN"  MEANS  ANY  PERSON,  NOT
LICENSED TO PRACTICE MEDICINE OR NURSING, OR AS A PHYSICIAN ASSISTANT OR
SPECIALIST  ASSISTANT,  WHO PERFORMS KIDNEY DIALYSIS SERVICES ON A HUMAN
AND HAS SUCCESSFULLY COMPLETED  THE  TRAINING  REQUIREMENTS  ESTABLISHED
PURSUANT  TO SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE AND
THE REGISTRATION REQUIREMENT OF SECTION THIRTY-SEVEN HUNDRED  TWENTY-TWO
OF THIS ARTICLE.
  2. "KIDNEY DIALYSIS PATIENT CARE TECHNICIAN TRAINEE" MEANS ANY PERSON,
NOT  LICENSED TO PRACTICE MEDICINE OR NURSING, OR AS A PHYSICIAN ASSIST-
ANT OR SPECIALIST ASSISTANT, WHO PERFORMS KIDNEY DIALYSIS SERVICES ON  A
HUMAN  AND HAS ENROLLED IN OR COMPLETED THE TRAINING REQUIRED BY SECTION
THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE AND HAS  NOT  REGISTERED
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.
                                                           LBD11064-02-0

              

A. 10470--A                         2

  S  3721.  TRAINING.  1.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE
COMMISSIONER  OF  EDUCATION,  SHALL  ESTABLISH   STANDARDIZED   TRAINING
REQUIREMENTS FOR KIDNEY DIALYSIS PATIENT CARE TECHNICIANS.
  2. SUCH TRAINING REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION AND
THE  RULES  AND  REGULATIONS  PROMULGATED BY THE COMMISSIONER SHALL HAVE
CLEARLY DEFINED CRITERIA FOR EVALUATING, ON AN ANNUAL BASIS, EACH TRAIN-
EE'S ATTAINMENT OF TRAINING GOALS AND COMPETENCY IN PROVISION OF  KIDNEY
DIALYSIS  SERVICES.  KIDNEY  DIALYSIS  PATIENT  CARE TECHNICIAN TRAINING
PROGRAMS MAY BE CONDUCTED BY:
  (A) KIDNEY DIALYSIS PROVIDERS;
  (B) DEGREE AND NON-DEGREE GRANTING INSTITUTIONS OF HIGHER EDUCATION AS
DEFINED IN SECTION TWO OF THE  EDUCATION  LAW,  CHARTERED,  APPROVED  OR
LICENSED BY THE BOARD OF REGENTS; OR
  (C)  ANY  OTHER  ENTITY APPROVED BY THE COMMISSIONER TO CONDUCT SUCH A
PROGRAM.
  3. THE TRAINING ESTABLISHED BY THIS SECTION SHALL INCLUDE, BUT NOT  BE
LIMITED TO, THE FOLLOWING TOPICS:
  (A)  AN  OVERVIEW OF THE ROLES AND RESPONSIBILITIES OF KIDNEY DIALYSIS
PATIENT CARE TECHNICIANS; AND
  (B) AN OVERVIEW OF KIDNEY DIALYSIS THERAPY.
  S 3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE. 1. EXCEPT AS  OTHER-
WISE  PROVIDED  BY THIS ARTICLE, NO PERSON SHALL PROVIDE KIDNEY DIALYSIS
SERVICES, AS SUCH SERVICES ARE DEFINED BY THE COMMISSIONER, UNLESS  SUCH
PERSON   HAS   COMPLETED  THE  TRAINING  REQUIRED  PURSUANT  TO  SECTION
THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE, AND HAS REGISTERED WITH
THE DEPARTMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  2. UPON THE SUCCESSFUL COMPLETION OF THE TRAINING REQUIRED PURSUANT TO
SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE,  A  PERSON  MAY
REGISTER  WITH  THE  DEPARTMENT TO BECOME A KIDNEY DIALYSIS PATIENT CARE
TECHNICIAN.
  3. A KIDNEY DIALYSIS PATIENT CARE TECHNICIAN  AND  A  KIDNEY  DIALYSIS
PATIENT  CARE  TECHNICIAN  TRAINEE  SHALL  BE AUTHORIZED TO PERFORM SUCH
PROCEDURES AND ACTIVITIES AS THE COMMISSIONER SHALL DEEM APPROPRIATE FOR
THE LEVEL OF TRAINING COMPLETED BY SUCH TECHNICIAN OR TRAINEE.
  S 3723. EXEMPTION. THE  PROVISIONS  OF  SECTION  THIRTY-SEVEN  HUNDRED
TWENTY-TWO  OF  THIS  ARTICLE  SHALL NOT APPLY, UNTIL ONE YEAR AFTER THE
EFFECTIVE DATE OF SUCH SECTION, TO ANY PERSON WHO, ON THE EFFECTIVE DATE
OF SUCH SECTION, HAS BEEN PROVIDING KIDNEY DIALYSIS SERVICES FOR A PERI-
OD OF NOT LESS THAN TWO YEARS.
  S 2. This act shall take effect immediately; except that section  3722
of  the  public  health  law, as added by section one of this act, shall
take effect one year after the effective  date  of  this  act,  and  the
commissioner of health is immediately authorized and directed to promul-
gate  any rules and regulations necessary to implement the provisions of
such section 3722 on the effective date thereof.