S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2251
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06395-01-3
 A. 2251                             2
              

 
   §  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.
   § 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. 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.