S T A T E O F N E W Y O R K
________________________________________________________________________
4500
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. PRETLOW, JAFFEE -- 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 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-B to read as follows:
ARTICLE 37-B
KIDNEY DIALYSIS PATIENT
CARE TECHNICIANS
SECTION 3720. DEFINITIONS.
3721. TRAINING.
3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE.
3723. EXEMPTION.
§ 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,
IS EMPLOYED IN AN OUT-PATIENT DIALYSIS CENTER OR HOSPITAL DIALYSIS UNIT,
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, IS EMPLOYED OR PLANNING TO BE EMPLOYED IN AN OUT-PATIENT DIALYSIS
CENTER OR HOSPITAL DIALYSIS UNIT, AND HAS ENROLLED IN OR COMPLETED THE
TRAINING REQUIRED BY SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04951-01-9
A. 4500 2
ARTICLE AND HAS NOT REGISTERED PURSUANT TO SECTION THIRTY-SEVEN HUNDRED
TWENTY-TWO OF THIS ARTICLE.
§ 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.
§ 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.
§ 3723. EXEMPTION. 1. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON
FROM PROVIDING DIALYSIS CARE TO HIMSELF OR HERSELF OR IN-HOME DIALYSIS
CARE PROVIDED TO A PERSON BY A FRIEND OR FAMILY MEMBER WHO DOES NOT
REPRESENT HIMSELF OR HERSELF TO BE A "KIDNEY DIALYSIS PATIENT CARE TECH-
NICIAN".
2. 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 PERIOD OF NOT LESS THAN
TWO YEARS.
§ 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. Effective
immediately, the commissioner of health is authorized and directed to
promulgate any rules and regulations necessary to implement the
provisions of this act on or before the effective date thereof.