Bill Text: NY A09087 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the licensure of dietitian nutritionists and nutritionists; defines the practice thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-05-22 - print number 9087a [A09087 Detail]
Download: New_York-2023-A09087-Introduced.html
Bill Title: Provides for the licensure of dietitian nutritionists and nutritionists; defines the practice thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-05-22 - print number 9087a [A09087 Detail]
Download: New_York-2023-A09087-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9087 IN ASSEMBLY February 6, 2024 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the social services law, in relation to the licensure of dietitians and nutritionists; and to repeal certain provisions of the education law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and declaration of purpose. The legis- 2 lature finds that the application of scientific knowledge relating to 3 dietetics and nutrition is important in effective care, treatment and 4 prevention of disease or trauma and in the attainment and maintenance of 5 health, and acknowledges that the rendering and communication of sound 6 dietetic and nutrition services in hospitals, nursing homes, extended 7 care and ambulatory care settings, school districts, health departments, 8 private practice and consultation, and in other settings requires 9 trained and competent professionals. The legislature further finds that 10 it is necessary in the provision of medical nutrition therapy, and ther- 11 apeutic diets, for such professionals to be licensed under article 157 12 of the education law to ensure quality nutrition care, consisting of a 13 nutrition assessment, nutrition diagnosis, nutrition intervention and 14 the monitoring and evaluation of outcomes directly related to the nutri- 15 tion care process. Therefore, it is hereby declared to be the purpose of 16 this act to protect the health, safety, and welfare of the public by 17 providing for the licensure and regulation of the activities of persons 18 engaged in the practice of dietetics and nutrition. 19 § 2. Section 8000 of the education law, as added by chapter 635 of the 20 laws of 1991, is amended to read as follows: 21 § 8000. Introduction. This article applies to the use of the titles 22 ["certified dietitian" and "certified nutritionist"] "licensed nutri- 23 tionist" or "LN" and "licensed dietitian nutritionist" or "LDN" and the 24 practice of dietetics and nutrition. The general provision for all 25 professions contained in article one hundred thirty of this title shall 26 apply to this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13996-03-4A. 9087 2 1 § 3. Section 8001 of the education law, as added by chapter 635 of the 2 laws of 1991, is amended to read as follows: 3 § 8001. [Definitions] Dietetic and nutrition practice. [1. Dietetics4and nutrition are herein each defined as the integration and applica-5tion of principles derived from the sciences of nutrition, biochemistry,6physiology, food management and behavioral and social sciences to7achieve and maintain people's health.82. Where the title "certified dietitian" or "certified nutritionist"9is used in this article it shall mean "certified dietitian", "certified10dietician", or "certified nutritionist".113. A certified dietitian or certified nutritionist is one who engages12in the integration and application of principles derived from the13sciences of nutrition, biochemistry, physiology, food management and14behavioral and social sciences to achieve and maintain people's health,15and who is certified as such by the department pursuant to section eight16thousand four of this article. The primary function of a certified17dietitian or certified nutritionist is the provision of nutrition care18services that shall include:19(a) Assessing nutrition needs and food patterns;20(b) Planning for and directing the provision of food appropriate for21physical and nutrition needs; and22(c) Providing nutrition counseling.] For the purposes of this article, 23 the following terms shall have the following meanings: 24 1. "Degree" means a degree received from a college or university 25 accredited by the department and accredited by the appropriate United 26 States regional accreditation body recognized by the council for higher 27 education accreditation and the United States department of education at 28 the time the degree was received, or a validated foreign equivalent. 29 2. "Dietetics" means the integration and application of scientific 30 principles derived from the study of food, nutrition, biochemistry, 31 metabolism, nutrigenomics, physiology, pharmacology, and food systems 32 and management and from behavioral and social sciences for achieving and 33 maintaining health throughout the lifespan. The practice of dietetics is 34 primarily the provision of nutrition care services, including medical 35 nutrition therapy provided via the nutrition care process, in person or 36 via telehealth, to prevent, manage, or treat diseases or medical condi- 37 tions and promote wellness. Consistent with the level of competence, the 38 practice of dietetics may include: 39 (a) accepting or transmitting oral, verbal, delegated, or electron- 40 ically transmitted orders from the referring licensed independent 41 provider consistent with applicable laws and rules in conjunction with 42 protocols established to implement medical nutrition therapy; 43 (b) ordering patient diets, including therapeutic diets, which 44 includes oral, enteral, and parenteral nutrition therapy; 45 (c) ordering medical laboratory tests related to nutritional therapeu- 46 tic treatments consistent with state law; 47 (d) implementing prescription drug dose adjustments in an inpatient 48 setting for specific disease treatment protocols within the limits of 49 his or her knowledge, skills, judgment, and current evidence-informed 50 clinical practice guidelines as indicated in a facility, medical staff, 51 or medical director approved protocol and as approved and delegated by a 52 licensed prescribing practitioner; 53 (e) implementing prescription drug dose adjustments in an outpatient 54 setting for specific disease treatment protocols within the limits of 55 his or her knowledge, skills, and judgment and as approved by and under 56 the delegation of a licensed prescribing practitioner;A. 9087 3 1 (f) recommending or ordering vitamin, mineral, and other dietary 2 supplements or discontinuing use of unnecessary vitamin, mineral, and 3 dietary supplements; 4 (g) practicing dietetics via telehealth so long as: 5 (i) it is appropriate for the individual or group receiving the 6 services; and 7 (ii) the level of care provided meets the required level of care for 8 that individual or group; 9 (h) developing and managing food service operations for the management 10 or treatment of disease or medical conditions, including operations with 11 the primary function of nutrition care or recommending, ordering, or 12 providing therapeutic diets; and 13 (i) providing advanced clinical nutrition care services and related 14 support activities, in accordance with the commissioner's regulations, 15 consistent with current required competencies of a United States depart- 16 ment of education recognized and department approved accrediting body 17 that promulgates education and supervised practice standards for dietet- 18 ics and nutrition practice. 19 3. "General non-medical nutrition information" means information on 20 any of the following: 21 (a) Principles of human nutrition and food preparation; 22 (b) Principles of self-care and a healthy relationship with food; 23 (c) Essential nutrients needed by the human body; 24 (d) General and non-individualized recommended amounts of essential 25 nutrients in the human body based on established standards; 26 (e) Actions of nutrients in the human body; 27 (f) Non-individualized effects of deficiencies or excesses of nutri- 28 ents in the human body; 29 (g) General education surrounding foods, herbs, and dietary supple- 30 ments that are good sources of essential nutrients in the human body; 31 and 32 (h) Evidence based recommendations on nutrition and diet to maintain 33 good health and for the purposes of primary prevention. 34 4. "Licensed dietitian nutritionist" means a person duly licensed 35 under this article as meeting the requirements of subdivision two of 36 section eight thousand four of this article to practice dietetics and 37 nutrition, including the provision of medical nutrition therapy. 38 5. "Licensed nutritionist" means a person duly licensed under this 39 article as meeting the requirements of subdivision one of section eight 40 thousand four of this article to practice nutrition, including the 41 provision of medical nutrition therapy. 42 6. "Medical nutrition therapy" means the provision of the following 43 nutrition care services for the purpose of management or treatment of a 44 disease or medical condition: 45 (a) nutrition assessment; 46 (b) nutrition diagnosis; 47 (c) nutrition intervention; and 48 (d) nutrition monitoring and evaluation. 49 7. "Medical weight control" means medical nutrition therapy provided 50 for the purpose of reducing, maintaining, or gaining weight. 51 8. "Non-medical weight control" means nutrition care services provided 52 for the purpose of reducing, maintaining, or gaining weight that do not 53 constitute the treatment or management of a disease or medical condi- 54 tion. The term includes weight control services for healthy population 55 groups to achieve or maintain a healthy weight.A. 9087 4 1 9. "Nutrition" means the integration and application of scientific 2 principles derived from the study of nutrition science, cellular and 3 systemic metabolism, biochemistry, physiology, and behavioral sciences 4 for achieving and maintaining health throughout the lifespan. The prac- 5 tice of nutrition is primarily the provision of nutrition care services, 6 including medical nutrition therapy, in person or via telehealth, to 7 prevent, manage, or treat diseases or medical conditions and promote 8 wellness. Consistent with the level of competence, the practice of 9 nutrition may include: 10 (a) accepting or transmitting oral, verbal, or delegated, or electron- 11 ically transmitted orders from the referring licensed independent 12 provider consistent with applicable laws and rules in conjunction with 13 protocols established to implement medical nutrition therapy; 14 (b) ordering patient diets, including therapeutic diets. Therapeutic 15 diets consisting of enteral or parenteral nutrition therapy shall only 16 be ordered by a practitioner licensed under this chapter when the prac- 17 titioner meets one of the following criteria: 18 (i) The individual is a licensed dietitian nutritionist; 19 (ii) The individual is certified in nutrition support by an organiza- 20 tion acceptable to the commissioner that is established for this 21 purpose; or 22 (iii) The individual satisfies other requirements established by the 23 examining board by rule that are consistent with the competencies neces- 24 sary for evaluating, ordering, and administering enteral and parenteral 25 nutrition therapies; 26 (c) ordering medical laboratory tests related to nutritional therapeu- 27 tic treatments consistent with state law; 28 (d) implementing prescription drug dose adjustments in an outpatient 29 setting for specific disease treatment protocols within the limits of 30 his or her knowledge, skills, and judgment and as approved by and under 31 the delegation of a licensed prescribing practitioner; 32 (e) providing recommendations on vitamin, mineral, and other dietary 33 supplements; 34 (f) practicing nutrition via telehealth as defined under this chapter 35 so long as: 36 (i) it is appropriate for the individual or group receiving the 37 services; and 38 (ii) the level of care provided meets the required level of care for 39 that individual or group. 40 10. "Nutrition assessment" means the ongoing, dynamic, and systematic 41 process of ordering, obtaining, verifying, and interpreting biochemical, 42 anthropometric, physical, nutrigenomic, and dietary data to make deci- 43 sions about the nature and cause of nutrition-related problems relative 44 to patient or community needs. It involves not only initial data 45 collection, but also reassessment and analysis of patient or community 46 needs and provides the foundation for nutrition diagnosis and nutri- 47 tional recommendations and orders. Nutrition assessment may require 48 ordering laboratory tests to check and track nutritional status. The 49 collection of data does not, by itself, constitute nutrition assessment. 50 11. "Nutrition care process" means the systematic problem-solving 51 method that dietitian nutritionists use to critically think and make 52 decisions when providing medical nutrition therapy or to address nutri- 53 tion related problems and provide safe and effective care. The nutrition 54 care process consists of four distinct, but interrelated steps including 55 nutrition assessment, nutrition diagnosis, nutrition intervention, and 56 nutrition monitoring and evaluation.A. 9087 5 1 12. "Nutrition care services" means any part or all of the following 2 services provided within a systematic process: 3 (a) assessing and evaluating the nutritional needs of individuals and 4 groups and determining resources and constraints in a practice setting, 5 including ordering of nutrition-related laboratory tests to check and 6 track nutrition status; 7 (b) identifying nutrition problems and establishing priorities, goals, 8 and objectives that meet nutritional needs and are consistent with 9 available resources and constraints; 10 (c) creating individualized dietary plans and issuing and implementing 11 orders to meet nutritional needs of healthy individuals and individuals 12 in acute and chronic disease states, including ordering therapeutic 13 diets, and monitoring the effectiveness thereof; 14 (d) determining and providing appropriate nutrition interventions in 15 health and disease, including nutrition counseling on food and 16 prescription drug interactions; 17 (e) developing, implementing, and managing nutrition care systems; and 18 (f) evaluating, making changes in, and maintaining appropriate stand- 19 ards of quality in food and nutrition services. 20 13. "Nutrition counseling" means a supportive process, characterized 21 by a collaborative counselor-patient relationship with individuals or 22 groups, to establish food and nutrition priorities, goals, individual- 23 ized action plans and general physical activity guidance, that acknowl- 24 edge and foster responsibility for self-care, to promote health and 25 wellness or to treat or manage an existing disease or medical condition. 26 14. "Nutrition diagnosis" in the context of dietetics and nutrition 27 practice means identifying and labeling nutritional problems managed and 28 treated by a licensed dietitian nutritionist but does not include a 29 medical diagnosis of the health status of an individual. Nothing in this 30 article shall authorize a licensed dietitian nutritionist to make a 31 medical diagnosis. 32 15. "Nutrition intervention" means purposefully planned actions, 33 including nutrition counseling, intended to positively change a nutri- 34 tion-related behavior, risk factor, environmental condition, or aspect 35 of the health status of an individual, target groups, or community at 36 large. Nutrition intervention includes approving, ordering, and monitor- 37 ing therapeutic diets, and counseling on food and prescription drug 38 interactions. 39 16. "Nutrition monitoring and evaluation" means identifying patient 40 outcomes relevant to a nutrition diagnosis, intervention plans, and 41 goals and comparing those outcomes with a patient's previous health 42 status, intervention goals, or reference standards to determine the 43 progress made in achieving desired outcomes of nutrition care and wheth- 44 er planned interventions should be continued or revised. 45 17. "Patient" means an individual recipient of nutrition care 46 services, whether in the outpatient, inpatient, or nonclinical setting. 47 18. "Programmatically accredited" means accreditation by an authoriz- 48 ing body recognized by the United States department of education as a 49 reliable authority concerning the quality of dietetics and nutrition 50 education or training offered by institutions of higher education or 51 higher education programs. 52 19. "Qualified supervisor" means an individual providing supervision 53 who assumes full professional responsibility for the work of the super- 54 visee by verifying, directing, and approving the provided nutrition care 55 services and other work being supervised. To qualify as a qualifiedA. 9087 6 1 supervisor for purposes of this article, an individual shall meet all of 2 the following requirements: 3 (a) If supervising a student or trainee who is providing medical 4 nutrition therapy, the qualified supervisor shall be one of the follow- 5 ing: 6 (i) a New York licensed dietitian nutritionist, New York licensed 7 nutritionist, or a health care provider licensed or certified in any 8 state or territory, including licensed or certified dietitians, dieti- 9 tian nutritionists, or nutritionists, whose scope of practice includes 10 the provision of medical nutrition therapy; 11 (ii) in the case of the supervisor supervising a student or trainee in 12 a state that does not provide for licensure or certification of dieti- 13 tians, dietitian nutritionists, or nutritionists, the supervisor meets 14 such other criteria as the board may establish; or 15 (iii) an employee of the federal government authorized within the 16 discharge of his or her official duties to provide medical nutrition 17 therapy. 18 (b) A qualified supervisor shall only supervise a clinical activity or 19 nutrition care service for which the qualified supervisor is qualified 20 and is authorized to perform. 21 (c) Unless exempt under section eight thousand seven of this article, 22 a qualified supervisor shall be licensed in this state if the qualified 23 supervisor is supervising a student or trainee who is providing medical 24 nutrition therapy to an individual located in this state. 25 (d) A qualified supervisor shall develop and carry out a program for 26 advancing and optimizing the quality of care provided by the student or 27 trainee being supervised. A qualified supervisor and a student or train- 28 ee being supervised shall identify and document goals for supervised 29 practice experience, the assignment of clinical tasks as appropriate to 30 the supervisee's evolving level of competence, the supervisee's 31 relationship and access to the qualified supervisor, and a process for 32 evaluating the student or trainee's performance. 33 (e) A qualified supervisor shall oversee the activities of and approve 34 and accept responsibility for the nutrition care services rendered by 35 the supervisee. 36 (f) A qualified supervisor shall, at a minimum, be physically on-site 37 and present where the supervisee is providing nutrition care services or 38 be immediately and continuously available to the supervisee by means of 39 two-way real-time audiovisual technology that allows for the direct, 40 contemporaneous interaction by sight and sound between the qualified 41 supervisor and the supervisee. If the qualified supervisor assigns a 42 nutrition care service to a supervisee that is to be provided in a 43 setting where the qualified supervisor is not routinely present, the 44 qualified supervisor shall ensure that the means and methods of super- 45 vision are adequate to ensure appropriate patient care, which may 46 include synchronous videoconferencing, or another method of communi- 47 cation and oversight that is appropriate to the care setting and the 48 education and experience of the supervisee. 49 (g) A qualified supervisor shall review on a regular basis the charts, 50 records, and clinical notes of the persons supervised, and maintain 51 responsibility for the supervisee's clinical record keeping. 52 (h) A qualified supervisor shall be available to render assistance 53 during the provision of nutrition care services when requested by the 54 patient or shall have arranged for another qualified practitioner, 55 lawfully able to render nutrition care services, to be available in the 56 absence of the qualified supervisor.A. 9087 7 1 (i) A qualified supervisor shall limit the assignment of nutrition 2 care services to those services that are within the training and experi- 3 ence of the supervisee and customary to the practice of the qualified 4 supervisor. 5 20. "Telehealth" means the use of electronic information and telecom- 6 munications technologies to provide services under this article between 7 a practitioner in one location and an individual in another location to 8 support clinical health care, public health, patient health-related 9 education, and health administration. 10 21. "Therapeutic diet" means a diet intervention prescribed by a 11 physician, or other health professional licensed under this title, that 12 provides food or nutrients via oral, enteral, or parenteral routes as 13 part of treatment of a disease or clinical condition to modify, elimi- 14 nate, decrease, or increase identified micronutrients and macronutrients 15 in the diet, or to provide mechanically altered food when indicated. 16 22. "Unrestricted practice of medical nutrition therapy" means the 17 application of dietetics and nutrition knowledge and skills by an indi- 18 vidual who regulates and is responsible for his or her own practice or 19 treatment procedures. 20 § 4. Section 8002 of the education law, as added by chapter 635 of the 21 laws of 1991, is amended to read as follows: 22 § 8002. [Use] Practice and authorization of titles. 1. Only a person 23 [certified under this article shall be authorized to use the title24"certified dietitian", "certified dietician", or "certified nutrition-25ist"] licensed or otherwise authorized under this article shall practice 26 or offer to provide medical nutrition therapy. 27 2. Except as otherwise provided in subdivision five of this section, 28 no person may designate or hold himself or herself out as a dietitian 29 nutritionist or use or assume the title "dietitian nutritionist", 30 "licensed dietitian nutritionist", "dietician", or any other title indi- 31 cating that the person is a licensed dietitian nutritionist or append to 32 or use in conjunction with that person's name the letters "LDN" or "LD" 33 unless the person is licensed as a dietitian nutritionist under this 34 article. 35 3. Except as otherwise provided in subdivision five of this section, 36 no person may use or assume any title indicating that the person is a 37 licensed nutritionist or append to or use in conjunction with that 38 person's name the letters "LN" unless the person is licensed as a nutri- 39 tionist under this article. 40 4. Except as otherwise provided in subdivision five of this section, 41 no person may designate or hold himself or herself out as a nutritionist 42 or use or assume the title "nutritionist" unless the person is licensed 43 under this article. 44 5. A person may use a lawfully earned federally trademarked title, 45 including the following, so long as such person is not practicing in 46 violation of this article and does not imply orally or in writing or 47 indicate in any way that the person is a licensed nutritionist or 48 licensed dietitian nutritionist. 49 (a) A registered dietitian or registered dietitian nutritionist may 50 use the titles "registered dietitian" or "registered dietitian nutri- 51 tionist" and use in conjunction with his or her name the letters "RD" or 52 "RDN". 53 (b) A person who holds a certified nutrition specialist credential 54 from the board for certification of nutrition specialists, or its 55 successor organization, may use the title "certified nutrition special- 56 ist".A. 9087 8 1 § 5. Section 8003 of the education law, as amended by chapter 282 of 2 the laws of 1992, is amended to read as follows: 3 § 8003. State board for dietetics and nutrition. A state board for 4 dietetics and nutrition shall be appointed by the board of regents, on 5 recommendation of the commissioner, for the purpose of assisting the 6 board of regents and the department on matters of [certification] licen- 7 sure, practice, and professional conduct in accordance with section 8 sixty-five hundred eight of this [chapter] title. 9 [The] All members serving terms on the state board for dietetics and 10 nutrition on the effective date of the chapter of the laws of two thou- 11 sand twenty-four which amended this section shall continue to serve out 12 their respective terms of office until their respective successors are 13 appointed and qualified. Thereafter, the board shall consist of [not14less than thirteen] eleven members, [ten] six of whom shall be [certi-15fied dietitians or certified nutritionists, except that the members of16the first board need not be certified but shall be persons who are17eligible for certification under the provisions of this article prior to18their appointment to the board. The first board, with respect to19members representing the profession, shall consist of five members20registered by a national dietetic association having registration stand-21ards acceptable to the department and five members who are members of or22registered by a national nutritional association having membership23and/or registration standards acceptable to the department. Thereafter,24members of the profession appointed to such board shall be certified25pursuant to this article] licensed dietitian nutritionists and two of 26 whom shall be licensed nutritionists pursuant to this article. To the 27 extent reasonable, the board of regents should insure the state board is 28 broadly representative of various professional interests within the 29 dietetic and nutritional community. [Three] Two members shall be repre- 30 sentatives of the general public and one member shall be a physician 31 licensed under article one hundred thirty-one of this title. Such 32 physician member shall not be a member of or credentialed by a national 33 dietetic or national nutrition association. An executive secretary to 34 the board shall be appointed by the board of regents on the recommenda- 35 tion of the commissioner. 36 § 6. Section 8004 of the education law is REPEALED and a new section 37 8004 is added to read as follows: 38 § 8004. Requirements for professional license. 1. Each applicant for 39 a license as a licensed nutritionist shall: be at least twenty-one 40 years of age; submit a completed application upon a form and in such 41 manner as the board prescribes demonstrating the applicant is capable 42 and professionally competent, as determined by the board, to safely 43 engage in the practice of nutrition; submit any fees as required by the 44 board, and submit proof of all of the following: 45 (a) Education: Have received a master's or doctoral degree in nutri- 46 tion or a nutrition-related science leading to competence in medical 47 nutrition therapy, in accordance with the commissioner's regulations; 48 (b) Experience: Have completed a planned, continuous, supervised prac- 49 tice experience satisfactory to the board and in accordance with the 50 commissioner's regulations, provided that such experience shall require 51 demonstration of competence in medical nutrition therapy and involve at 52 least one thousand hours under a qualified supervisor in the following 53 practice areas, with a minimum of two hundred hours in each practice 54 area: conducting nutrition assessment and nutrition diagnosis; nutrition 55 intervention; and nutrition monitoring and evaluation. The experience 56 shall be determined by the board to have prepared the applicant toA. 9087 9 1 provide nutrition care services for various populations of diverse 2 cultures, genders, and across the life cycle, and to be able to compe- 3 tently formulate actionable medical nutrition therapies and inter- 4 ventions, education, counseling, and ongoing care for the prevention, 5 modulation, and management of a range of acute and chronic medical 6 conditions; and 7 (c) Examination: Passage of a nutrition examination satisfactory to 8 the board and in accordance with the commissioner's regulations. 9 2. (a) Each applicant for a license as a licensed dietitian nutrition- 10 ist shall: be at least twenty-one years of age, submit a completed 11 application upon a form and in such manner as the board prescribes 12 demonstrating the applicant is capable and professionally competent, as 13 determined by the board, to safely engage in the practice of dietetics 14 and nutrition, submit any fees as required by the board, and submit 15 proof of all of the following: 16 (i) Education: Have received a masters or doctoral degree and 17 completed a programmatically accredited didactic program in dietetics 18 approved by the department in accordance with the commissioner's regu- 19 lations; 20 (ii) Experience: Have completed a planned, continuous, supervised 21 practice experience satisfactory to the board and in accordance with the 22 commissioner's regulations, provided that such experience shall require 23 demonstration of competence in medical nutrition therapy and consist of 24 satisfactory completion of a programmatically accredited experience of 25 not less than one thousand hours under the supervision of a qualified 26 supervisor. The experience shall be determined by the board to have 27 prepared the applicant to provide nutrition care services for various 28 populations of diverse cultures, genders, and across the life cycle, and 29 to be able to competently formulate actionable medical nutrition thera- 30 pies and interventions, education, counseling, and ongoing care for the 31 prevention, modulation, and management of a range of acute and chronic 32 medical conditions; and 33 (iii) Examination: Passage of a dietitian examination satisfactory to 34 the board and in accordance with the commissioner's regulations. 35 (b) An application for a dietitian nutritionist license submitted by 36 individuals, who prior to January first, two thousand twenty-four held 37 registration as a dietitian by a national dietetic commission that has 38 registration standards acceptable to the department, and currently holds 39 such registration, is governed by the provisions of law in effect imme- 40 diately before the effective date of this section, and the former law is 41 continued in effect for that purpose. 42 3. All applicants for licensure as a licensed nutritionist or licensed 43 dietitian nutritionist shall pay a fee for an initial license, and a fee 44 for each triennial registration period. 45 § 7. Section 8005 of the education law is REPEALED. 46 § 8. Section 8006 of the education law is REPEALED and a new section 47 8006 is added to read as follows: 48 § 8006. Special conditions. 1. Any person who is licensed as a certi- 49 fied dietitian or a certified nutritionist on the effective date of the 50 chapter of the laws of two thousand twenty-four which amended this 51 section, shall be licensed as a licensed dietitian nutritionist without 52 meeting any additional requirements so long as they hold registration as 53 a dietitian by a national dietetic commission that has registration 54 standards acceptable to the department or have completed:A. 9087 10 1 (a) a bachelor's or higher degree from a programmatically accredited 2 didactic program approved by the department in accordance with the 3 commissioner's regulations; 4 (b) a supervised practice experience acceptable to the board and in 5 accordance with the commissioner's regulations, provided that such expe- 6 rience consisted of satisfactory completion of a programmatically 7 accredited experience approved by the department of not less than nine 8 hundred hours; and 9 (c) passage of an examination satisfactory to the board and in accord- 10 ance with the commissioner's regulations. 11 2. Any person who is licensed as a certified dietitian or a certified 12 nutritionist and does not meet the requirements provided under subdivi- 13 sion one of this section on the effective date of the chapter of the 14 laws of two thousand twenty-four which amend this section, shall be 15 licensed as a licensed nutritionist without meeting any additional 16 requirements. 17 3. Any non-exempt person practicing the professions to be licensed 18 pursuant to this article shall apply for a license within one year of 19 the effective date of this section. 20 § 9. The education law is amended by adding two new sections 8007 and 21 8008 to read as follows: 22 § 8007. Exemptions. This article shall not be construed to affect or 23 prevent: 24 1. A licensed physician from practicing his or her profession as 25 defined under articles one hundred thirty-one and one hundred thirty- 26 one-B of this title; a registered professional nurse or a certified 27 nurse practitioner practicing his or her profession as defined under 28 article one hundred thirty-nine of this title; a licensed physician 29 assistant from his or her profession as defined under article one 30 hundred thirty-one-B of this title; or qualified members of other 31 professions licensed under this title from performing work incidental to 32 the practice of their professions, except that such persons may not hold 33 themselves out under the title authorized by this article. 34 2. A student, intern or resident from engaging in the practice of 35 dietetics or nutrition while participating in the education or experi- 36 ence requirements under section eight thousand four of this article, if 37 any of the following apply: 38 (a) The student or trainee who is completing their supervised practice 39 experience required under section eight thousand four of this article 40 practices under this subdivision not more than five years after complet- 41 ing education requirements under section eight thousand four of this 42 article; 43 (b) The student or trainee practices under this subdivision only while 44 supervised by a qualified supervisor as defined in section eight thou- 45 sand one of this article; 46 (c) The student or trainee does not engage in the unrestricted prac- 47 tice of medical nutrition therapy; and 48 (d) While practicing under this subdivision, the student or trainee 49 uses a title that clearly indicates his or her status as a student, 50 intern, trainee, or supervisee. 51 3. A dietitian nutritionist or nutritionist who is serving in the 52 armed forces of the United States or any other federal agency from 53 engaging in the practice of medical nutrition therapy, or using govern- 54 ment issued titles, provided that such practice or title use is related 55 to service or employment, provided that such practice is related to 56 service or employment.A. 9087 11 1 4. A person who provides individualized nutrition recommendations for 2 the wellness and primary prevention of chronic disease, health coaching, 3 holistic and wellness education, guidance, motivation, behavior change 4 management, services for non-medical weight control, or other nutrition 5 care services so long as all of the following apply: 6 (a) The services do not constitute medical nutrition therapy; 7 (b) The person does not represent himself or herself using titles 8 authorized under this article; and 9 (c) The person does not hold himself or herself out as licensed or 10 qualified to engage in the practice of medical nutrition therapy. 11 5. A person who disseminates non-individualized, written, general 12 nutrition information in connection with the marketing and distribution 13 of dietary supplements, food, herbs, or food materials, including expla- 14 nations of their federally regulated label claims, any known drug-nu- 15 trient interactions, their role in various diets, or suggestions as how 16 to best use and combine them so long as such information does not 17 constitute medical nutrition therapy and the person does not use titles 18 authorized under this article or hold himself or herself out as quali- 19 fied to engage in the practice of medical nutrition therapy. 20 6. A person who provides medical weight control for persons with 21 obesity as part of any of the following: 22 (a) An instructional program that has been approved in writing by one 23 of the following: 24 (i) a dietitian nutritionist or nutritionist licensed in this state; 25 or 26 (ii) a health care practitioner licensed or certified in this state 27 whose scope of practice includes medical nutrition therapy; or 28 (b) a plan of care that is overseen by a health professional licensed 29 in this state whose scope of practice otherwise authorizes the health 30 professional to provide and delegate medical nutrition therapy, so long 31 as the medical weight control services are not discretionary and do not 32 require the exercise of professional judgment. 33 7. An individual employed by a WIC program as a "competent profes- 34 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing 35 nutrition services within such WIC program. For the purpose of this 36 subdivision the term "WIC program" shall mean a program authorized by 42 37 U.S.C. § 1786; and 38 8. A person who does not utilize titles authorized under this article 39 and assists the provision of medical nutrition therapy if the person 40 performs only support activities that are not discretionary and that do 41 not require the exercise of professional judgment for their performance, 42 and the person is directly supervised by a nutritionist or dietitian 43 nutritionist licensed under this title. 44 § 8008. Limited permit. 1. The department may issue a limited permit 45 to practice as a provisionally licensed nutritionist or provisionally 46 licensed dietitian nutritionist to an applicant for licensure who has 47 met the education and experience requirements for a licensed nutrition- 48 ist or licensed dietitian nutritionist provided under section eight 49 thousand four of this article. 50 2. The duration of a limited permit shall not exceed one year from the 51 time of its first issue and the department may for good cause renew a 52 limited permit for an additional one year provided that no individual 53 shall practice under any limited permit for more than a total of two 54 years. 55 3. All practice under a limited permit shall be under the supervision 56 of individuals licensed pursuant to this article.A. 9087 12 1 4. The fee for a limited permit or the renewal thereof shall be seven- 2 ty-five dollars. 3 § 10. Subparagraph (i) of paragraph a of subdivision 1 of section 4 6503-a of the education law, as amended by chapter 554 of the laws of 5 2013, is amended to read as follows: 6 (i) services provided under article one hundred fifty-four, one 7 hundred fifty-seven, one hundred sixty-three or one hundred sixty-seven 8 of this title for which licensure would be required, or 9 § 11. Section 6505-b of the education law, as amended by chapter 10 of 10 the laws of 2018, is amended to read as follows: 11 § 6505-b. Course work or training in infection control practices. 12 Every dentist, registered nurse, licensed practical nurse, podiatrist, 13 optometrist [and], dental hygienist, licensed nutritionist, and licensed 14 dietitian nutritionist practicing in the state shall, on or before July 15 first, nineteen hundred ninety-four and every four years thereafter, 16 complete course work or training appropriate to the professional's prac- 17 tice approved by the department regarding infection control, which shall 18 include sepsis, and barrier precautions, including engineering and work 19 practice controls, in accordance with regulatory standards promulgated 20 by the department, in consultation with the department of health, which 21 shall be consistent, as far as appropriate, with such standards adopted 22 by the department of health pursuant to section two hundred thirty-nine 23 of the public health law to prevent the transmission of HIV, HBV, HCV 24 and infections that could lead to sepsis in the course of professional 25 practice. Each such professional shall document to the department at the 26 time of registration commencing with the first registration after July 27 first, nineteen hundred ninety-four that the professional has completed 28 course work or training in accordance with this section, provided, 29 however that a professional subject to the provisions of paragraph (f) 30 of subdivision one of section twenty-eight hundred five-k of the public 31 health law shall not be required to so document. The department shall 32 provide an exemption from this requirement to anyone who requests such 33 an exemption and who (i) clearly demonstrates to the department's satis- 34 faction that there would be no need for him or her to complete such 35 course work or training because of the nature of his or her practice or 36 (ii) that he or she has completed course work or training deemed by the 37 department to be equivalent to the course work or training approved by 38 the department pursuant to this section. The department shall consult 39 with organizations representative of professions, institutions and those 40 with expertise in infection control and HIV, HBV, HCV and infections 41 that could lead to sepsis with respect to the regulatory standards 42 promulgated pursuant to this section. 43 § 11-a. Section 6505-b of the education law, as amended by chapter 733 44 of the laws of 2023, is amended to read as follows: 45 § 6505-b. Course work or training in infection control practices. 46 Every dentist, registered nurse, licensed practical nurse, podiatrist, 47 optometrist, athletic trainer, [and] dental hygienist, and licensed 48 nutritionist, and licensed dietitian nutritionist practicing in the 49 state shall, on or before July first, nineteen hundred ninety-four and 50 every four years thereafter, complete course work or training appropri- 51 ate to the professional's practice approved by the department regarding 52 infection control, which shall include sepsis, and barrier precautions, 53 including engineering and work practice controls, in accordance with 54 regulatory standards promulgated by the department, in consultation with 55 the department of health, which shall be consistent, as far as appropri- 56 ate, with such standards adopted by the department of health pursuant toA. 9087 13 1 section two hundred thirty-nine of the public health law to prevent the 2 transmission of HIV, HBV, HCV and infections that could lead to sepsis 3 in the course of professional practice. Each such professional shall 4 document to the department at the time of registration commencing with 5 the first registration after July first, nineteen hundred ninety-four 6 that the professional has completed course work or training in accord- 7 ance with this section, provided, however that a professional subject to 8 the provisions of paragraph (f) of subdivision one of section twenty- 9 eight hundred five-k of the public health law shall not be required to 10 so document. The department shall provide an exemption from this 11 requirement to anyone who requests such an exemption and who (i) clearly 12 demonstrates to the department's satisfaction that there would be no 13 need for him or her to complete such course work or training because of 14 the nature of his or her practice or (ii) that he or she has completed 15 course work or training deemed by the department to be equivalent to the 16 course work or training approved by the department pursuant to this 17 section. The department shall consult with organizations representative 18 of professions, institutions and those with expertise in infection 19 control and HIV, HBV, HCV and infections that could lead to sepsis with 20 respect to the regulatory standards promulgated pursuant to this 21 section. 22 § 12. Paragraph a of subdivision 3 of section 6507 of the education 23 law, as amended by chapter 479 of the laws of 2022, is amended to read 24 as follows: 25 a. Establish standards for preprofessional and professional education, 26 experience and licensing examinations as required to implement the arti- 27 cle for each profession. Notwithstanding any other provision of law, the 28 commissioner shall establish standards requiring that all persons apply- 29 ing, on or after January first, nineteen hundred ninety-one, initially, 30 or for the renewal of, a license, registration or limited permit to be a 31 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 32 trist, psychiatrist, psychologist, licensed master social worker, 33 licensed clinical social worker, licensed creative arts therapist, 34 licensed marriage and family therapist, licensed mental health counse- 35 lor, licensed psychoanalyst, dental hygienist, licensed behavior 36 analyst, [or] certified behavior analyst assistant, licensed nutrition- 37 ist or licensed dietitian nutritionist shall, in addition to all the 38 other licensure, certification or permit requirements, have completed 39 two hours of coursework or training regarding the identification and 40 reporting of child abuse and maltreatment. The coursework or training 41 shall be obtained from an institution or provider which has been 42 approved by the department to provide such coursework or training. The 43 coursework or training shall include information regarding the physical 44 and behavioral indicators of child abuse and maltreatment and the statu- 45 tory reporting requirements set out in sections four hundred thirteen 46 through four hundred twenty of the social services law, including but 47 not limited to, when and how a report must be made, what other actions 48 the reporter is mandated or authorized to take, the legal protections 49 afforded reporters, and the consequences for failing to report. Such 50 coursework or training may also include information regarding the phys- 51 ical and behavioral indicators of the abuse of individuals with develop- 52 mental disabilities and voluntary reporting of abused or neglected 53 adults to the office for people with developmental disabilities or the 54 local adult protective services unit. Each applicant shall provide the 55 department with documentation showing that he or she has completed the 56 required training. The department shall provide an exemption from theA. 9087 14 1 child abuse and maltreatment training requirements to any applicant who 2 requests such an exemption and who shows, to the department's satisfac- 3 tion, that there would be no need because of the nature of his or her 4 practice for him or her to complete such training; 5 § 12-a. Paragraph a of subdivision 3 of section 6507 of the education 6 law, as amended by chapter 733 of the laws of 2023, is amended to read 7 as follows: 8 a. Establish standards for preprofessional and professional education, 9 experience and licensing examinations as required to implement the arti- 10 cle for each profession. Notwithstanding any other provision of law, the 11 commissioner shall establish standards requiring that all persons apply- 12 ing, on or after January first, nineteen hundred ninety-one, initially, 13 or for the renewal of, a license, registration or limited permit to be a 14 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 15 trist, psychiatrist, psychologist, licensed master social worker, 16 licensed clinical social worker, licensed creative arts therapist, 17 licensed marriage and family therapist, licensed mental health counse- 18 lor, licensed psychoanalyst, dental hygienist, licensed behavior 19 analyst, certified behavior analyst assistant, licensed nutritionist, 20 licensed dietitian nutritionist, or athletic trainer shall, in addition 21 to all the other licensure, certification or permit requirements, have 22 completed two hours of coursework or training regarding the identifica- 23 tion and reporting of child abuse and maltreatment. The coursework or 24 training shall be obtained from an institution or provider which has 25 been approved by the department to provide such coursework or training. 26 The coursework or training shall include information regarding the phys- 27 ical and behavioral indicators of child abuse and maltreatment and the 28 statutory reporting requirements set out in sections four hundred thir- 29 teen through four hundred twenty of the social services law, including 30 but not limited to, when and how a report must be made, what other 31 actions the reporter is mandated or authorized to take, the legal 32 protections afforded reporters, and the consequences for failing to 33 report. Such coursework or training may also include information regard- 34 ing the physical and behavioral indicators of the abuse of individuals 35 with developmental disabilities and voluntary reporting of abused or 36 neglected adults to the office for people with developmental disabili- 37 ties or the local adult protective services unit. Each applicant shall 38 provide the department with documentation showing that he or she has 39 completed the required training. The department shall provide an 40 exemption from the child abuse and maltreatment training requirements to 41 any applicant who requests such an exemption and who shows, to the 42 department's satisfaction, that there would be no need because of the 43 nature of his or her practice for him or her to complete such training; 44 § 13. Paragraph (a) of subdivision 1 of section 413 of the social 45 services law, as amended by section 7 of part C of chapter 57 of the 46 laws of 2018, is amended to read as follows: 47 (a) The following persons and officials are required to report or 48 cause a report to be made in accordance with this title when they have 49 reasonable cause to suspect that a child coming before them in their 50 professional or official capacity is an abused or maltreated child, or 51 when they have reasonable cause to suspect that a child is an abused or 52 maltreated child where the parent, guardian, custodian or other person 53 legally responsible for such child comes before them in their profes- 54 sional or official capacity and states from personal knowledge facts, 55 conditions or circumstances which, if correct, would render the child an 56 abused or maltreated child: any physician; registered physician assist-A. 9087 15 1 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 2 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 3 psychologist; registered nurse; social worker; emergency medical techni- 4 cian; licensed creative arts therapist; licensed marriage and family 5 therapist; licensed mental health counselor; licensed psychoanalyst; 6 licensed behavior analyst; certified behavior analyst assistant; 7 licensed nutritionist; licensed dietitian nutritionist; hospital person- 8 nel engaged in the admission, examination, care or treatment of persons; 9 a Christian Science practitioner; school official, which includes but is 10 not limited to school teacher, school guidance counselor, school 11 psychologist, school social worker, school nurse, school administrator 12 or other school personnel required to hold a teaching or administrative 13 license or certificate; full or part-time compensated school employee 14 required to hold a temporary coaching license or professional coaching 15 certificate; social services worker; employee of a publicly-funded emer- 16 gency shelter for families with children; director of a children's over- 17 night camp, summer day camp or traveling summer day camp, as such camps 18 are defined in section thirteen hundred ninety-two of the public health 19 law; day care center worker; school-age child care worker; provider of 20 family or group family day care; employee or volunteer in a residential 21 care facility for children that is licensed, certified or operated by 22 the office of children and family services; or any other child care or 23 foster care worker; mental health professional; substance abuse counse- 24 lor; alcoholism counselor; all persons credentialed by the office of 25 alcoholism and substance abuse services; employees, who are expected to 26 have regular and substantial contact with children, of a health home or 27 health home care management agency contracting with a health home as 28 designated by the department of health and authorized under section 29 three hundred sixty-five-l of this chapter or such employees who provide 30 home and community based services under a demonstration program pursuant 31 to section eleven hundred fifteen of the federal social security act who 32 are expected to have regular and substantial contact with children; 33 peace officer; police officer; district attorney or assistant district 34 attorney; investigator employed in the office of a district attorney; or 35 other law enforcement official. 36 § 13-a. Paragraph (a) of subdivision 1 of section 413 of the social 37 services law, as amended by chapter 733 of the laws of 2023, is amended 38 to read as follows: 39 (a) The following persons and officials are required to report or 40 cause a report to be made in accordance with this title when they have 41 reasonable cause to suspect that a child coming before them in their 42 professional or official capacity is an abused or maltreated child, or 43 when they have reasonable cause to suspect that a child is an abused or 44 maltreated child where the parent, guardian, custodian or other person 45 legally responsible for such child comes before them in their profes- 46 sional or official capacity and states from personal knowledge facts, 47 conditions or circumstances which, if correct, would render the child an 48 abused or maltreated child: any physician; registered physician assist- 49 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 50 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 51 athletic trainer; psychologist; registered nurse; social worker; emer- 52 gency medical technician; licensed creative arts therapist; licensed 53 marriage and family therapist; licensed mental health counselor; 54 licensed psychoanalyst; licensed behavior analyst; certified behavior 55 analyst assistant; licensed nutritionist; licensed dietitian nutrition- 56 ist; hospital personnel engaged in the admission, examination, care orA. 9087 16 1 treatment of persons; a Christian Science practitioner; school official, 2 which includes but is not limited to school teacher, school guidance 3 counselor, school psychologist, school social worker, school nurse, 4 school administrator or other school personnel required to hold a teach- 5 ing or administrative license or certificate; full or part-time compen- 6 sated school employee required to hold a temporary coaching license or 7 professional coaching certificate; social services worker; employee of a 8 publicly-funded emergency shelter for families with children; director 9 of a children's overnight camp, summer day camp or traveling summer day 10 camp, as such camps are defined in section thirteen hundred ninety-two 11 of the public health law; day care center worker; school-age child care 12 worker; provider of family or group family day care; employee or volun- 13 teer in a residential care facility for children that is licensed, 14 certified or operated by the office of children and family services; or 15 any other child care or foster care worker; mental health professional; 16 substance abuse counselor; alcoholism counselor; all persons creden- 17 tialed by the office of [alcoholism and substance abuse services] 18 addiction services and supports; employees, who are expected to have 19 regular and substantial contact with children, of a health home or 20 health home care management agency contracting with a health home as 21 designated by the department of health and authorized under section 22 three hundred sixty-five-l of this chapter or such employees who provide 23 home and community based services under a demonstration program pursuant 24 to section eleven hundred fifteen of the federal social security act who 25 are expected to have regular and substantial contact with children; 26 peace officer; police officer; district attorney or assistant district 27 attorney; investigator employed in the office of a district attorney; or 28 other law enforcement official. 29 § 14. Subdivision 5-a of section 488 of the social services law, as 30 amended by chapter 205 of the laws of 2014, is amended to read as 31 follows: 32 5-a. "Human services professional" shall mean any: physician; regis- 33 tered physician assistant; surgeon; medical examiner; coroner; dentist; 34 dental hygienist; osteopath; optometrist; chiropractor; podiatrist; 35 resident; intern; psychologist; registered nurse; licensed practical 36 nurse; nurse practitioner; social worker; emergency medical technician; 37 licensed creative arts therapist; licensed marriage and family thera- 38 pist; licensed mental health counselor; licensed psychoanalyst; licensed 39 behavior analyst; certified behavior analyst assistant; licensed 40 speech/language pathologist or audiologist; licensed physical therapist; 41 licensed occupational therapist; licensed nutritionist; licensed dieti- 42 tian nutritionist; hospital personnel engaged in the admission, examina- 43 tion, care or treatment of persons; Christian Science practitioner; 44 school official, which includes but is not limited to school teacher, 45 school guidance counselor, school psychologist, school social worker, 46 school nurse, school administrator or other school personnel required to 47 hold a teaching or administrative license or certificate; full or part- 48 time compensated school employee required to hold a temporary coaching 49 license or professional coaching certificate; social services worker; 50 any other child care or foster care worker; mental health professional; 51 person credentialed by the office of alcoholism and substance abuse 52 services; peace officer; police officer; district attorney or assistant 53 district attorney; investigator employed in the office of a district 54 attorney; or other law enforcement official. 55 § 15. This act shall take effect eighteen months after it shall have 56 become a law; provided, however, that the provisions of sectionsA. 9087 17 1 eleven-a, twelve-a and thirteen-a of this act shall take effect on the 2 same date and in the same manner as chapter 733 of the laws of 2023 3 takes effect. Effective immediately, the addition, amendment and/or 4 repeal of any rule or regulation necessary for the implementation of 5 this act on its effective date are authorized to be made and completed 6 on or before such effective date.
