Establishes training and registration requirements for patient care technicians; requires training programs to be conducted by hospitals, residential health care facilities, home care services agencies, degree and non-degree granting institutions of higher education, or any other entity approved by the commissioner to conduct such a program; provides such training shall include, but not be limited to an overview of the roles and responsibilities of patient care technicians in hospitals, residential care facilities and the home care environment, an overview of various patient care services provided in hospitals, residential care facilities and the home care environment, and the legal scope of practice for patient care technicians; defines terms.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4297
SPONSOR: Jensen TITLE OF BILL:
An act to amend the public health law, in relation to establishing
training and registration requirements for patient care technicians
PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes training and registration requirements for patient
care technicians. The health commissioner, in consultation with the
commissioner of education, shall establish clearly defined training
requirements for patient care technicians, including criteria for evalu-
ating each trainee's attainment of training goals.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds new Article 37-B to the Public Health Law.
The provisions of Section 1 are as follows -
Section 3720 adds definitions to this article in Public Health Law,
including patient care technician, patient care technician trainee,
residential health care facility, and healthcare professional.
Section 3721 mandates the Commissioner of Health, in consultation with
the Commissioner of Education, establish training requirements for
patient care technicians. Such requireinents shall have clearly defined
criteria for evaluating each trainee's attainment of training goals.
Patient care trainee programs may be conducted by hospitals, residential
health care facilities, home care services agencies, degree and non-de-
gree granting institutions of higher educations as defined in
Section 2 of the Education Law, and charted, approved or licensed by the
Board of Regents or another entity approved by the Commissioner. Also
stated are several mandatory minimum training requirements.
Section 3722 states that no person may use the title, "patient care
technician" or provide patient care technician services without satisfy-
ing the provisions of this act. Upon successful completion of training
required under Section 3721 a person may register with the Department as
patient care technician.
Section 3723 creates an exemption to certain patient care technicians to
provide such technicians with sufficient time to satisfy these training
requirements.
Section 2 of the bill is the effect date; the first day of the twelfth
month after it shall have become a law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date is authorized to be
made and completed on or before such effective date.
JUSTIFICATION:
Patient Care Technicians (PCTs) serve an invaluable role in caring for
patients and assisting nurses amongst a wide array of healthcare envi-
ronments. According to US Bureau of Labor Statistics, PCTs are employed
in nursing care facilities, hospitals, continuing care retirement commu-
nities and assisted living facilities and home healthcare services.
There is little agreement on a precise definition for Patient Care Tech-
nicians, and many of the job duties typically associated with PCTs
appear to overlap with those of other healthcare professions, including
medical assistants. However, PCTs generally considered to work closer
with patients, in comparison to those that serve in other healthcare
professions. Working in conjunction with nurses, PCTs typically assist
with monitoring patient vital signs (blood pressure, heart rate, respi-
rations, temperature) and help patients with bathing, dressing, eating
and drinking. Communicating patient needs between patients, family
members, nurses and other healthcare employees could be the most valu-
able service that PCTs provide. Understanding and explaining what is
needed to properly care for a patient, is of the utmost importance and
can help lessen the heavy workloads and high stress levels that nurses
commonly experience.
Despite the crucial services that PCTs provide, there are no established
job duties and responsibilities for PCTs working in New York State.
There are currently no education or training requirements for those that
choose to work as PCTs in our state. Yet, the US Bureau of Labor Statis-
tics states that PCTs and other nursing assistants are required to meet
education and on-the-job training standards in many states. Several
states require nursing assistants, including PCTs to be licensed, certi-
fied or registered to practice their profession.
This legislation would mandate the NYS Commissioner of Health, in
conjunction with the State Education Commissioner establish education
and training requirements needed for PCTs to practice in New York. The
Health Commissioner must also promulgate rules and regulations that set
specific criteria to be used in evaluating PCT trainee success in
attaining training goals. This bill would prevent individuals from using
the title "Patient Care Technician," before he or she meets the neces-
sary, education and training requirements and registers to practice as a
PCT with the state Department of Health. Mandating the establishment of
the Patient Care Technician profession, including job responsibilities,
scope of practice, registration requirements, education and training
standards and criteria to evaluate to training achievement will ensure
that those employed as PCTs in New York are sufficiently qualified for
the critically important role that they serve in our state. At a time
when too many health care facilities are struggling to meet nursing
staff requirements under the stress of the COVID-19 pandemic, establish-
ing standards for PCTs that provide much needed assistance in caring for
patients and aiding nurses, may be necessary to help the many overbur-
dened nurses that practice in New York State,
PRIOR LEGISLATIVE HISTORY:
A.3290 of 2023/24
A.7320 of 2021/22
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
The first day of the twelfth month after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized to be made and completed on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
4297
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to establishing
training and registration requirements for 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 PATIENT CARE TECHNICIANS
5 Section 3720. Definitions.
6 3721. Training requirements for patient care technicians.
7 3722. Patient care technician; use of title and provision of
8 services.
9 3723. Exemption.
10 § 3720. Definitions. For the purposes of this article, the following
11 terms shall have the following meanings:
12 1. "Patient care technician" means any person, other than a healthcare
13 professional or a certified nurse aide, who performs patient care tech-
14 nician services on a human in a hospital, a residential health care
15 facility, or a home as part of the provision of home care services and
16 has successfully completed the training requirements established pursu-
17 ant to section thirty-seven hundred twenty-one of this article and the
18 registration requirement established pursuant to section thirty-seven
19 hundred twenty-two of this article.
20 2. "Patient care technician trainee" means any person, other than a
21 healthcare professional or a certified nurse aide, who performs patient
22 care technician services on a human in a hospital, a residential health
23 care facility, or a home as part of the provision of home care services
24 and has enrolled in or completed the training required by section thir-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06758-01-5
A. 4297 2
1 ty-seven hundred twenty-one of this article and has not registered
2 pursuant to section thirty-seven hundred twenty-two of this article.
3 3. "Hospital" means a hospital as defined in section twenty-eight
4 hundred one of this chapter.
5 4. "Residential health care facility" means a residential health care
6 facility as defined in section twenty-eight hundred one of this chapter.
7 5. "Home care services" means home care services as defined in section
8 thirty-six hundred two of this chapter.
9 6. "Healthcare professional" means a person licensed or certified to
10 practice a healthcare profession under title eight of the education law,
11 acting within the scope of their practice.
12 7. "Certified nurse aide" means any person included in the nursing
13 home nurse aide registry pursuant to section twenty-eight hundred
14 three-j of this chapter.
15 § 3721. Training requirements for patient care technicians. 1. The
16 commissioner, in consultation with the commissioner of education, shall
17 establish training requirements for patient care technicians.
18 2. The training requirements established pursuant to this section and
19 the rules and regulations promulgated by the commissioner shall have
20 clearly defined criteria for evaluating each trainee's attainment of
21 training goals and competency in provision of patient care technician
22 services. Patient care technician training programs may be conducted by:
23 (a) hospitals;
24 (b) residential health care facilities;
25 (c) home care services agencies;
26 (d) degree and non-degree granting institutions of higher education as
27 defined in section two of the education law which are chartered,
28 approved or licensed by the board of regents; or
29 (e) any other entity approved by the commissioner to conduct such a
30 program.
31 3. The training established by this section shall include, but not be
32 limited to, the following topics:
33 (a) an overview of the roles and responsibilities of patient care
34 technicians in hospitals, residential care facilities and the home care
35 environment;
36 (b) an overview of various patient care services provided in hospi-
37 tals, residential care facilities and the home care environment; and
38 (c) the legal scope of practice for patient care technicians.
39 § 3722. Patient care technician; use of title and provision of
40 services. 1. Except as otherwise provided by this article, no person
41 shall use the title "patient care technician" nor provide patient care
42 technician services, as such services are defined by the commissioner,
43 unless such person has completed the training required pursuant to
44 section thirty-seven hundred twenty-one of this article, and has regis-
45 tered with the department pursuant to subdivision two of this section.
46 2. Upon the successful completion of the training required pursuant to
47 section thirty-seven hundred twenty-one of this article, a person may
48 register with the department to become a patient care technician.
49 3. A patient care technician and a patient care technician trainee
50 shall be authorized to perform such procedures and activities as the
51 commissioner shall deem appropriate for the level of training completed
52 by such technician or trainee.
53 § 3723. Exemption. The provisions of section thirty-seven hundred
54 twenty-two of this article shall not apply until one year after the
55 effective date of such section to any person who has been providing
56 patient care technician services for a cumulative period of at a minimum
A. 4297 3
1 one year, with such cumulative period occurring within the four years
2 immediately prior to the effective date of such section.
3 § 2. This act shall take effect on the first day of the twelfth month
4 after it shall have become a law. Effective immediately, the addition,
5 amendment and/or repeal of any rule or regulation necessary for the
6 implementation of this act on its effective date are authorized to be
7 made and completed on or before such effective date.
