S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9798
 
                           I N  A S S E M B L Y
 
                             February 13, 2020
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- 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-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
 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.
   §  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.
              

                                                            LBD10643-01-9

 A. 9798                             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.
   §  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.
   §  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.
   §  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.