Bill S3985-2015

Establishes training and registration requirements for kidney dialysis patient care technicians

Establishes training and registration requirements for kidney dialysis patient care technicians.

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  • Feb 25, 2015: REFERRED TO HEALTH

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BILL NUMBER:S3985

TITLE OF BILL:

An act to amend the public health law, in relation to establishing training and registration requirements for kidney dialysis patient care technicians

PURPOSE:

This bill establishes training and registration requirements for kidney dialysis patient care technicians. The rules shall have clearly defined criteria for evaluating each trainee's attainment of training goals and competency. The bill prohibits a person from using the title "kidney dialysis patient care technician" unless they have completed the requirements and registered with the Department of Health.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Article 37-B to the public health law. The provisions are as follows:

Section 3720 - Adds definitions for kidney dialysis patient care technicians and kidney dialysis patient care technician trainees.

Section 3721 - The Commissioner of Health, in consultation with the Commissioner of Education, shall establish training requirements for kidney dialysis patient care technicians. Such requirements shall have clearly defined criteria for evaluating and training such persons. The law provides who may provide training of such technicians and the topics to be studied by such technician trainees.

Section 3722 - No person may use the title of such technician or perform the work of a kidney dialysis patient care technician without satisfying the provisions of this act.

Section 3723 - This bill grants an exemption for certain technicians so that they will have sufficient time to satisfy the training requirements of the act. Further, this will ensure that there is a readily available supply of such technicians so that such services can be provided in the near term, but with the understanding that in the long term all technicians will be trained and qualified to perform such services.

EXISTING LAW:

None.

JUSTIFICATION:

Currently, there are no baseline educational or training requirements that need to be satisfied before a person can become a kidney dialysis patient care technician. An individual is only required to complete a health care facility based orientation usually lasting 6 to 8 weeks.

This may be insufficient time to properly train and orient such a technician for all of the duties of their job. However, the current

system expects dialysis technicians to be a fully functional team member in this specialized field of medicine. Since there are no standardized training programs, the existing orientation programs can differ dramatically within a facility and between facilities. This lack of standardization can negatively impact patient care.

LEGISLATIVE HISTORY:

2013-14: S.2840 - Referred to Health 2011-12: S.1157/A.455 - Referred to Health 2010: S.7508/ A.10395 - Referred to Health

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect one year after enactment, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 3985 2015-2016 Regular Sessions IN SENATE February 25, 2015 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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-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. 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. 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.

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