S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7320
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2021
                                ___________
 
 Introduced by M. of A. JENSEN -- 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 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
                         PATIENT CARE TECHNICIANS
 SECTION 3720. DEFINITIONS.
         3721. TRAINING REQUIREMENTS FOR PATIENT CARE TECHNICIANS.
         3722. PATIENT CARE TECHNICIAN; USE OF  TITLE  AND  PROVISION  OF
                 SERVICES.
         3723. EXEMPTION.
   §  3720.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "PATIENT CARE TECHNICIAN" MEANS ANY PERSON, OTHER THAN A HEALTHCARE
 PROFESSIONAL OR A CERTIFIED NURSE AIDE, WHO PERFORMS PATIENT CARE  TECH-
 NICIAN  SERVICES  ON  A  HUMAN  IN A HOSPITAL, A RESIDENTIAL HEALTH CARE
 FACILITY, OR A HOME AS PART OF THE PROVISION OF HOME CARE  SERVICES  AND
 HAS  SUCCESSFULLY COMPLETED THE TRAINING REQUIREMENTS ESTABLISHED PURSU-
 ANT TO SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE  AND  THE
 REGISTRATION  REQUIREMENT  ESTABLISHED  PURSUANT TO SECTION THIRTY-SEVEN
 HUNDRED TWENTY-TWO OF THIS ARTICLE.
   2. "PATIENT CARE TECHNICIAN TRAINEE" MEANS ANY PERSON,  OTHER  THAN  A
 HEALTHCARE  PROFESSIONAL OR A CERTIFIED NURSE AIDE, WHO PERFORMS PATIENT
 CARE TECHNICIAN SERVICES ON A HUMAN IN A HOSPITAL, A RESIDENTIAL  HEALTH
 CARE  FACILITY, OR A HOME AS PART OF THE PROVISION OF HOME CARE SERVICES
 AND HAS ENROLLED IN OR COMPLETED THE TRAINING REQUIRED BY SECTION  THIR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10925-01-1
              

 A. 7320                             2
 
 TY-SEVEN  HUNDRED  TWENTY-ONE  OF  THIS  ARTICLE  AND HAS NOT REGISTERED
 PURSUANT TO SECTION THIRTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
   3.  "HOSPITAL"  MEANS  A  HOSPITAL  AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER.
   4. "RESIDENTIAL HEALTH CARE FACILITY" MEANS A RESIDENTIAL HEALTH  CARE
 FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   5. "HOME CARE SERVICES" MEANS HOME CARE SERVICES AS DEFINED IN SECTION
 THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
   6.  "HEALTHCARE  PROFESSIONAL" MEANS A PERSON LICENSED OR CERTIFIED TO
 PRACTICE A HEALTHCARE PROFESSION UNDER TITLE EIGHT OF THE EDUCATION LAW,
 ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE.
   7. "CERTIFIED NURSE AIDE" MEANS ANY PERSON  INCLUDED  IN  THE  NURSING
 HOME  NURSE  AIDE  REGISTRY  PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED
 THREE-J OF THIS CHAPTER.
   § 3721. TRAINING REQUIREMENTS FOR PATIENT  CARE  TECHNICIANS.  1.  THE
 COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION, SHALL
 ESTABLISH TRAINING REQUIREMENTS FOR PATIENT CARE TECHNICIANS.
   2. THE 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 PATIENT CARE TECHNICIAN
 SERVICES. PATIENT CARE TECHNICIAN TRAINING PROGRAMS MAY BE CONDUCTED BY:
   (A) HOSPITALS;
   (B) RESIDENTIAL HEALTH CARE FACILITIES;
   (C) HOME CARE SERVICES AGENCIES;
   (D) DEGREE AND NON-DEGREE GRANTING INSTITUTIONS OF HIGHER EDUCATION AS
 DEFINED IN SECTION  TWO  OF  THE  EDUCATION  LAW  WHICH  ARE  CHARTERED,
 APPROVED OR LICENSED BY THE BOARD OF REGENTS; OR
   (E)  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 PATIENT CARE
 TECHNICIANS IN HOSPITALS, RESIDENTIAL CARE FACILITIES AND THE HOME  CARE
 ENVIRONMENT;
   (B)  AN  OVERVIEW  OF VARIOUS PATIENT CARE SERVICES PROVIDED IN HOSPI-
 TALS, RESIDENTIAL CARE FACILITIES AND THE HOME CARE ENVIRONMENT; AND
   (C) THE LEGAL SCOPE OF PRACTICE FOR PATIENT CARE TECHNICIANS.
   § 3722. PATIENT  CARE  TECHNICIAN;  USE  OF  TITLE  AND  PROVISION  OF
 SERVICES.    1.  EXCEPT AS OTHERWISE PROVIDED BY THIS ARTICLE, NO PERSON
 SHALL USE THE TITLE "PATIENT CARE TECHNICIAN" NOR PROVIDE  PATIENT  CARE
 TECHNICIAN  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 REGIS-
 TERED 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 PATIENT CARE TECHNICIAN.
   3.  A  PATIENT  CARE  TECHNICIAN AND A 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  HAS  BEEN  PROVIDING
 PATIENT CARE TECHNICIAN SERVICES FOR A CUMULATIVE PERIOD OF AT A MINIMUM

 A. 7320                             3
 
 ONE  YEAR,  WITH  SUCH CUMULATIVE PERIOD OCCURRING WITHIN THE FOUR YEARS
 IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION.
   §  2. This act shall take effect on the first day of the twelfth month
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.