Bill Text: NY S01157 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S01157 Detail]

Download: New_York-2011-S01157-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1157
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 5, 2011
                                      ___________
       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:
    1    Section  1.  The  public health law is amended by adding a new article
    2  37-A to read as follows:
    3                                 ARTICLE 37-A
    4                           KIDNEY DIALYSIS PATIENT
    5                              CARE TECHNICIANS
    6  SECTION 3720. DEFINITIONS.
    7          3721. TRAINING.
    8          3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE.
    9          3723. EXEMPTION.
   10    S 3720. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   11    1. "KIDNEY DIALYSIS PATIENT CARE TECHNICIAN"  MEANS  ANY  PERSON,  NOT
   12  LICENSED TO PRACTICE MEDICINE OR NURSING, OR AS A PHYSICIAN ASSISTANT OR
   13  SPECIALIST  ASSISTANT,  WHO PERFORMS KIDNEY DIALYSIS SERVICES ON A HUMAN
   14  AND HAS SUCCESSFULLY COMPLETED  THE  TRAINING  REQUIREMENTS  ESTABLISHED
   15  PURSUANT  TO SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE AND
   16  THE REGISTRATION REQUIREMENT OF SECTION THIRTY-SEVEN HUNDRED  TWENTY-TWO
   17  OF THIS ARTICLE.
   18    2. "KIDNEY DIALYSIS PATIENT CARE TECHNICIAN TRAINEE" MEANS ANY PERSON,
   19  NOT  LICENSED TO PRACTICE MEDICINE OR NURSING, OR AS A PHYSICIAN ASSIST-
   20  ANT OR SPECIALIST ASSISTANT, WHO PERFORMS KIDNEY DIALYSIS SERVICES ON  A
   21  HUMAN  AND HAS ENROLLED IN OR COMPLETED THE TRAINING REQUIRED BY SECTION
   22  THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE AND HAS  NOT  REGISTERED
   23  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.
                                                                  LBD00175-01-1
       S. 1157                             2
    1    S  3721.  TRAINING.  1.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE
    2  COMMISSIONER OF EDUCATION, SHALL  ESTABLISH  TRAINING  REQUIREMENTS  FOR
    3  KIDNEY DIALYSIS PATIENT CARE TECHNICIANS.
    4    2. SUCH TRAINING REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION AND
    5  THE  RULES  AND  REGULATIONS  PROMULGATED BY THE COMMISSIONER SHALL HAVE
    6  CLEARLY DEFINED CRITERIA FOR EVALUATING  EACH  TRAINEE'S  ATTAINMENT  OF
    7  TRAINING  GOALS AND COMPETENCY IN PROVISION OF KIDNEY DIALYSIS SERVICES.
    8  KIDNEY  DIALYSIS  PATIENT  CARE  TECHNICIAN  TRAINING  PROGRAMS  MAY  BE
    9  CONDUCTED BY:
   10    (A) KIDNEY DIALYSIS PROVIDERS;
   11    (B) DEGREE AND NON-DEGREE GRANTING INSTITUTIONS OF HIGHER EDUCATION AS
   12  DEFINED  IN  SECTION  TWO  OF  THE EDUCATION LAW, CHARTERED, APPROVED OR
   13  LICENSED BY THE BOARD OF REGENTS; OR
   14    (C) ANY OTHER ENTITY APPROVED BY THE COMMISSIONER TO  CONDUCT  SUCH  A
   15  PROGRAM.
   16    3.  THE TRAINING ESTABLISHED BY THIS SECTION SHALL INCLUDE, BUT NOT BE
   17  LIMITED TO, THE FOLLOWING TOPICS:
   18    (A) AN OVERVIEW OF THE ROLES AND RESPONSIBILITIES OF  KIDNEY  DIALYSIS
   19  PATIENT CARE TECHNICIANS;
   20    (B) AN OVERVIEW OF KIDNEY DIALYSIS THERAPY; AND
   21    (C)  THE  LEGAL  ROLES AND RESPONSIBILITIES OF KIDNEY DIALYSIS PATIENT
   22  CARE TECHNICIANS.
   23    S 3722. PRACTICE OF KIDNEY DIALYSIS PATIENT CARE. 1. EXCEPT AS  OTHER-
   24  WISE  PROVIDED  BY  THIS  ARTICLE, NO PERSON SHALL USE THE TITLE "KIDNEY
   25  DIALYSIS PATIENT CARE TECHNICIAN" NOR PROVIDE KIDNEY DIALYSIS  SERVICES,
   26  AS SUCH SERVICES ARE DEFINED BY THE COMMISSIONER, UNLESS SUCH PERSON HAS
   27  COMPLETED THE TRAINING REQUIRED PURSUANT TO SECTION THIRTY-SEVEN HUNDRED
   28  TWENTY-ONE  OF  THIS  ARTICLE,  AND  HAS  REGISTERED WITH THE DEPARTMENT
   29  PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   30    2. UPON THE SUCCESSFUL COMPLETION OF THE TRAINING REQUIRED PURSUANT TO
   31  SECTION THIRTY-SEVEN HUNDRED TWENTY-ONE OF THIS ARTICLE,  A  PERSON  MAY
   32  REGISTER  WITH  THE  DEPARTMENT TO BECOME A KIDNEY DIALYSIS PATIENT CARE
   33  TECHNICIAN.
   34    3. A KIDNEY DIALYSIS PATIENT CARE TECHNICIAN  AND  A  KIDNEY  DIALYSIS
   35  PATIENT  CARE  TECHNICIAN  TRAINEE  SHALL  BE AUTHORIZED TO PERFORM SUCH
   36  PROCEDURES AND ACTIVITIES AS THE COMMISSIONER SHALL DEEM APPROPRIATE FOR
   37  THE LEVEL OF TRAINING COMPLETED BY SUCH TECHNICIAN OR TRAINEE.
   38    S 3723. EXEMPTION. THE  PROVISIONS  OF  SECTION  THIRTY-SEVEN  HUNDRED
   39  TWENTY-TWO  OF  THIS  ARTICLE  SHALL NOT APPLY, UNTIL ONE YEAR AFTER THE
   40  EFFECTIVE DATE OF SUCH SECTION, TO ANY PERSON WHO, ON THE EFFECTIVE DATE
   41  OF SUCH SECTION, HAS BEEN PROVIDING KIDNEY DIALYSIS SERVICES FOR A PERI-
   42  OD OF NOT LESS THAN TWO YEARS.
   43    S 2. This act shall take effect on the three hundred  sixty-fifth  day
   44  after it shall have become a law; provided, however, the commissioner of
   45  health  is  immediately  authorized and directed to promulgate any rules
   46  and regulations necessary to implement the provisions of section 3722 of
   47  the public health law on the effective date thereof.