S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3441
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- 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,
 IS EMPLOYED IN AN OUT-PATIENT DIALYSIS CENTER OR HOSPITAL DIALYSIS UNIT,
 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, IS EMPLOYED OR PLANNING TO BE EMPLOYED IN AN OUT-PATIENT DIALYSIS
 CENTER  OR  HOSPITAL DIALYSIS UNIT, AND HAS ENROLLED IN OR COMPLETED THE
 TRAINING REQUIRED BY SECTION THIRTY-SEVEN  HUNDRED  TWENTY-ONE  OF  THIS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08222-01-3
              

 A. 3441                             2
 
 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   STANDARDIZED   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, ON AN ANNUAL BASIS, EACH TRAIN-
 EE'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; AND
   (B) AN OVERVIEW OF KIDNEY DIALYSIS THERAPY.
   § 3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE. 1. EXCEPT AS  OTHER-
 WISE  PROVIDED  BY THIS ARTICLE, NO PERSON SHALL 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.  1. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON
 FROM  PROVIDING  DIALYSIS CARE TO HIMSELF OR HERSELF OR IN-HOME DIALYSIS
 CARE PROVIDED TO A PERSON BY A FRIEND OR  FAMILY  MEMBER  WHO  DOES  NOT
 REPRESENT HIMSELF OR HERSELF TO BE A "KIDNEY DIALYSIS PATIENT CARE TECH-
 NICIAN".
   2.  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 PERIOD OF NOT LESS THAN
 TWO YEARS.
   § 2. This act shall take effect immediately;  provided,  however  that
 section  3722  of the public health law, as added by section one of this
 act, shall take effect one year after the effective date  of  this  act.
 Effective  immediately,  the  commissioner  of  health  is authorized to
 promulgate  any  rules  and  regulations  necessary  to  implement   the
 provisions of this act on or before the effective date thereof.