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

                                  10395

                          I N  A S S E M B L Y

                             March 23, 2010
                               ___________

Introduced by M. of A. GIBSON -- 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-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.
  S 3721. TRAINING.  1.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE
COMMISSIONER  OF  EDUCATION,  SHALL  ESTABLISH TRAINING REQUIREMENTS FOR
KIDNEY DIALYSIS PATIENT CARE TECHNICIANS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16490-02-0
              

A. 10395                            2

  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 EACH TRAINEE'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;
  (B) AN OVERVIEW OF KIDNEY DIALYSIS THERAPY; AND
  (C) THE LEGAL ROLES AND RESPONSIBILITIES OF  KIDNEY  DIALYSIS  PATIENT
CARE TECHNICIANS.
  S  3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE. 1. EXCEPT AS OTHER-
WISE PROVIDED BY THIS ARTICLE, NO PERSON SHALL  USE  THE  TITLE  "KIDNEY
DIALYSIS  PATIENT CARE TECHNICIAN" NOR 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 on the three hundred sixty-fifth day
after it shall have become a law; provided, however, the commissioner of
health is immediately authorized and directed to  promulgate  any  rules
and regulations necessary to implement the provisions of section 3722 on
the effective date thereof.