Bill Text: NY A10491 | 2015-2016 | General Assembly | Introduced

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Bill Title: Allows a qualified dietetic professional or qualified nutrition professional to manage the diet of a patient who is being treated in a facility by a physician for specific diseases.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-05-31 - referred to higher education [A10491 Detail]

Download: New_York-2015-A10491-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10491
                   IN ASSEMBLY
                                      May 31, 2016
                                       ___________
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on Higher Education
        AN  ACT  to amend the education law, in relation to management of thera-
          peutic diet orders in a facility
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The education law is amended by adding a new section 8007
     2  to read as follows:
     3    § 8007. Management of therapeutic diet orders in a facility.  1.    As
     4  used in this section, the following terms shall have the following mean-
     5  ings:
     6    (a)  "Qualified dietetic professional" or "qualified nutrition profes-
     7  sional" shall be an individual who meets the following requirements:
     8    (i) holds a valid license and  current  registration  as  a  certified
     9  dietician or certified nutritionist in accordance with this article; and
    10    (ii)  has  net the requirements of paragraph (a) of subdivision two of
    11  section eight thousand four of this article  and  subdivision  three  of
    12  section eight thousand four of this article; and
    13    (iii)  holds a registration or certification from a national registra-
    14  tion or certifying association, with standards acceptable to the depart-
    15  ment, that provides education and training  in  parenteral  and  enteral
    16  nutrition  acceptable  to  the  department  and  in  accordance with the
    17  commissioner's regulations.
    18    (b) "Therapeutic diet" is a diet intervention that  provides  food  or
    19  nutrients via oral, enteral and parenteral routes as a part of treatment
    20  of  disease  or  clinical  conditions to modify, eliminate, decrease, or
    21  increase identified micro- and macro-nutrients in the diet.
    22    (c) "Facility" shall mean a hospital, including any diagnostic center,
    23  treatment center, or hospital-based outpatient  department,  residential
    24  health  care  facility  or  nursing  home  or any facility as defined in
    25  section twenty-eight hundred one of the public health law, a  home  care
    26  agency as defined in section thirty-six hundred two of the public health
    27  law or other entity that provides direct patient care under the auspices
    28  of a medical director.
    29    2.  (a)  The  management of therapeutic diets performed by a qualified
    30  dietetic professional or qualified  nutrition  professional  includes  a
    31  review,  evaluation, order and management of a therapeutic diet, includ-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15363-04-6
        A. 10491                            2
     1  ing the ordering of food and nutrition supplements, and  the  management
     2  of parenteral or enteral nutrition, as defined in this subdivision, to a
     3  patient  who  is being treated in a facility by a physician for specific
     4  diseases or disease states, in accordance with the policies, procedures,
     5  and protocols of the facility.
     6    (b)  The  management  of parenteral nutrition as part of a therapeutic
     7  diet order by a qualified dietetic professional or  qualified  nutrition
     8  professional  may  include prescribing, adjusting and managing a diet or
     9  nutrition regimen of a patient pursuant to a  patient  specific  written
    10  order  or protocol for parenteral nutrition access made by the patient's
    11  physician.  Implementation or adjustments shall be made after the review
    12  by the pharmacists responsible to the  facility  for  the  care  of  the
    13  patient. The physician or facility may prohibit, by written instruction,
    14  any  adjustment  or change in the patient's diet or nutrition regimen by
    15  the qualified dietetic professional or qualified nutrition professional.
    16    In the event that a treating physician or pharmacist may disagree with
    17  the exercise of professional judgment by the qualified dietetic  profes-
    18  sional  or qualified nutrition professional as it relates to the manage-
    19  ment of parenteral nutrition, the judgment of the treating physician  or
    20  pharmacist shall prevail.
    21    (c)  The management of enteral nutrition as part of a therapeutic diet
    22  order by  a  qualified  dietetic  professional  or  qualified  nutrition
    23  professional  may  include  adjusting  and  managing a diet or nutrition
    24  regimen of a patient pursuant to a patient  specific  written  order  or
    25  protocol  for  enteral nutrition access made by the patient's physician.
    26  The physician or facility may  prohibit,  by  written  instruction,  any
    27  adjustment  or  change in the patient's diet or nutrition regimen by the
    28  qualified dietetic professional or qualified nutrition professional.
    29    In the event that a treating physician may disagree with the  exercise
    30  of professional judgment by the qualified dietetic professional or qual-
    31  ified  nutrition professional as it relates to the management of enteral
    32  nutrition, the judgment of the treating physician shall prevail.
    33    (d) A qualified dietetic professional or qualified  nutrition  profes-
    34  sional  may  evaluate  and, only if specifically authorized by the poli-
    35  cies, procedures, or protocol of the facility and  only  to  the  extent
    36  necessary  to  discharge the responsibilities set forth in this section,
    37  order clinical laboratory tests related to the management of a therapeu-
    38  tic diet order for the specific diseases  or  disease  states  specified
    39  within  the  written  order  or  protocol,  and order or perform routine
    40  patient monitoring functions as may be necessary for the  management  of
    41  parenteral and enteral nutrition.
    42    3. Nothing herein shall authorize a qualified dietetic professional or
    43  qualified  nutrition professional to establish or modify a medical diag-
    44  nosis.
    45    4. The authorization of any qualified dietetic professional or  quali-
    46  fied nutrition professional to engage in the management of a therapeutic
    47  diet  order,  including  the management of parenteral and enteral nutri-
    48  tion, shall be at the discretion of the facility.
    49    5. Nothing herein contained shall be deemed to  authorize,  grant,  or
    50  extend hospital privileges to individuals certified under this article.
    51    § 2. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law; provided, however, that effective immediate-
    53  ly  the  department  of  education may promulgate any rule or regulation
    54  necessary for the timely implementation of this act  on  this  effective
    55  date.