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

                                   455

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  GIBSON, WEISENBERG, BARRON, MILLMAN, CASTRO,
  ARROYO, MAYERSOHN -- Multi-Sponsored by -- M. of A. BOYLAND, DINOWITZ,
  HOOPER, MAISEL, NOLAN, TOWNS -- 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:

  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

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

                                                           LBD00175-01-1

A. 455                              2

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.
  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 of
the public health law on the effective date thereof.