A 5634: Establishes training and registration requirements for kidney dialysis patient care technicians; provides such training shall include clearly defined criteria for annual evaluations.

  
  STATE OF NEW YORK ________________________________________________________________________ 5634 2025-2026 Regular Sessions  IN ASSEMBLY February 18, 2025 ___________ 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: 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 is employed in an out-patient dialysis center or hospital dialysis unit, 15 and has successfully completed the training requirements established 16 pursuant to section thirty-seven hundred twenty-one of this article and 17 the registration requirement of section thirty-seven hundred twenty-two 18 of this article. 19 2. "Kidney dialysis patient care technician trainee" means any person, 20 not licensed to practice medicine or nursing, or as a physician assist- 21 ant or specialist assistant, who performs kidney dialysis services on a 22 human, is employed or planning to be employed in an out-patient dialysis 23 center or hospital dialysis unit, and has enrolled in or completed the 24 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. LBD09250-01-5 
 A. 5634 2 1 article and has not registered pursuant to section thirty-seven hundred 2 twenty-two of this article. 3 § 3721. Training. 1. The commissioner, in consultation with the 4 commissioner of education, shall establish standardized training 5 requirements for kidney dialysis patient care technicians. 6 2. Such training requirements established pursuant to this section and 7 the rules and regulations promulgated by the commissioner shall have 8 clearly defined criteria for evaluating, on an annual basis, each train- 9 ee's attainment of training goals and competency in provision of kidney 10 dialysis services. Kidney dialysis patient care technician training 11 programs may be conducted by: 12 (a) kidney dialysis providers; 13 (b) degree and non-degree granting institutions of higher education as 14 defined in section two of the education law, chartered, approved or 15 licensed by the board of regents; or 16 (c) any other entity approved by the commissioner to conduct such a 17 program. 18 3. The training established by this section shall include, but not be 19 limited to, the following topics: 20 (a) an overview of the roles and responsibilities of kidney dialysis 21 patient care technicians; and 22 (b) an overview of kidney dialysis therapy. 23 § 3722. Practice of kidney dialysis patient care. 1. Except as other- 24 wise provided by this article, no person shall provide kidney dialysis 25 services, as such services are defined by the commissioner, unless such 26 person has completed the training required pursuant to section thirty- 27 seven hundred twenty-one of this article, and has registered with the 28 department pursuant to subdivision two of this section. 29 2. Upon the successful completion of the training required pursuant to 30 section thirty-seven hundred twenty-one of this article, a person may 31 register with the department to become a kidney dialysis patient care 32 technician. 33 3. A kidney dialysis patient care technician and a kidney dialysis 34 patient care technician trainee shall be authorized to perform such 35 procedures and activities as the commissioner shall deem appropriate for 36 the level of training completed by such technician or trainee. 37 § 3723. Exemption. 1. Nothing in this section shall prohibit a person 38 from providing dialysis care to themself or in-home dialysis care 39 provided to a person by a friend or family member who does not represent 40 themselves to be a "kidney dialysis patient care technician". 41 2. The provisions of section thirty-seven hundred twenty-two of this 42 article shall not apply, until one year after the effective date of such 43 section, to any person who, on the effective date of such section, has 44 been providing kidney dialysis services for a period of not less than 45 two years. 46 § 2. This act shall take effect immediately; provided, however that 47 section 3722 of the public health law, as added by section one of this 48 act, shall take effect one year after the effective date of this act. 49 Effective immediately, the commissioner of health is authorized to 50 promulgate any rules and regulations necessary to implement the 51 provisions of this act on or before the effective date thereof.