A 2197: Establishes training and registration requirements for kidney dialysis patient care technicians.

  
  STATE OF NEW YORK ________________________________________________________________________ 2197 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ 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: 1 Section 1. The public health law is amended by adding a new article 2 37-B to read as follows: 3 ARTICLE 37-B 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 § 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. LBD04981-01-5 
 A. 2197 2 1 § 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 § 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 § 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 § 2. This act shall take effect on the three hundred sixty-fifth day 44 after it shall have become a law. Effective immediately, the addition, 45 amendment and/or repeal of any rule or regulation necessary for the 46 implementation of this act on its effective date are authorized to be 47 made and completed on or before such effective date.