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A05666 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3556                                                  A. 5666
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 25, 2011
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Higher Educa-
          tion
 
        IN  ASSEMBLY -- Introduced by M. of A. CANESTRARI, GUNTHER, ENGLEBRIGHT,
          N. RIVERA, REILLY, MARKEY, SPANO, BURLING,  LUPARDO,  LAVINE,  MAISEL,

          MONTESANO,  MURRAY,  SIMOTAS -- Multi-Sponsored by -- M. of A. ABBATE,
          CONTE, GABRYSZAK, GIBSON, MAYERSOHN, McENENY, McLAUGHLIN, NOLAN, PHEF-
          FER, P. RIVERA, TITONE, TOWNS, WEISENBERG -- read once and referred to
          the Committee on Higher Education
 
        AN ACT to amend the education law,  in  relation  to  the  licensure  of
          dietitians and nutritionists
 
          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  nutrition  is  important  in effective care, treatment and prevention of
     4  disease or trauma and in the attainment and maintenance of  health,  and
     5  acknowledges  that the rendering and communication of sound dietetic and

     6  nutrition services in hospitals, nursing homes, extended care and  ambu-
     7  latory  care  settings,  school  districts,  health departments, private
     8  practice and consultation, and in other settings  requires  trained  and
     9  competent professionals. The legislature further finds that it is neces-
    10  sary  in  the  provision  of  medical nutrition therapy for such profes-
    11  sionals to be licensed under article 157 of the education law to  ensure
    12  quality  care  through a standardized nutrition care process, consisting
    13  of a nutrition assessment, nutrition diagnosis,  nutrition  intervention
    14  and  the  monitoring  and evaluation of outcomes directly related to the
    15  nutrition care process. Therefore, it  is  hereby  declared  to  be  the
    16  purpose  of  this  act to protect the health, safety, and welfare of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD08623-02-1

        S. 3556                             2                            A. 5666
 
     1  public by providing for the licensure and regulation of  the  activities
     2  of persons engaged in the practice of dietetics and nutrition.
     3    § 2. Section 8000 of the education law, as added by chapter 635 of the
     4  laws of 1991, is amended to read as follows:
     5    § 8000. Introduction.    This article applies to the use of the titles
     6  ["certified   dietitian"   and   "certified   nutritionist"]   "licensed
     7  dietitian/nutritionist"  or  "LDN".    The  general  provision  for  all
     8  professions contained in article one hundred thirty of this title  shall
     9  apply to this article.

    10    § 3. Section 8001 of the education law, as added by chapter 635 of the
    11  laws of 1991, is amended to read as follows:
    12    § 8001. [Definitions]  Definition  of  the  practice  of dietetics and
    13  nutrition.  [1. Dietetics and nutrition are herein each defined as   the
    14  integration  and  application of principles derived from the sciences of
    15  nutrition, biochemistry, physiology, food management and behavioral  and
    16  social sciences to achieve and maintain people's health.
    17    2.  Where  the title "certified dietitian" or "certified nutritionist"
    18  is used in this article it shall mean "certified dietitian",  "certified
    19  dietician", or "certified nutritionist".
    20    3.  A certified dietitian or certified nutritionist is one who engages

    21  in the integration  and  application  of  principles  derived  from  the
    22  sciences  of  nutrition,  biochemistry,  physiology, food management and
    23  behavioral and social sciences to achieve and maintain people's  health,
    24  and who is certified as such by the department pursuant to section eight
    25  thousand  four  of  this  article.   The primary function of a certified
    26  dietitian or certified nutritionist is the provision of  nutrition  care
    27  services that shall include:
    28    (a) Assessing nutrition needs and food patterns;
    29    (b)  Planning  for and directing the provision of food appropriate for
    30  physical and nutrition needs; and
    31    (c) Providing nutrition counseling.] The  practice  of  dietetics  and

    32  nutrition  is  the application of medical nutrition therapy and a stand-
    33  ardized nutrition care process, including nutrition  assessment,  nutri-
    34  tion  diagnosis,  nutrition  intervention,  and nutrition evaluation and
    35  monitoring  for  the  prevention  or  treatment  of  nutrition   related
    36  illnesses, nourishment, and education of individuals and groups through-
    37  out  the  lifecycle. 1. "Medical nutrition therapy" is an evidence based
    38  application of the nutrition care process focused on  prevention,  delay
    39  or  management  of  diseases  and  conditions,  and involves an in-depth
    40  assessment, periodic reassessment and intervention.
    41    2. "Nutrition diagnosis" in the context of the practice  of  dietetics

    42  and  nutrition  means the identification and labeling of existing nutri-
    43  tion problems expressed in terms of etiology, signs and symptoms. Nutri-
    44  tion diagnosis is distinct from a medical diagnosis.
    45    3. "Nutrition assessment" is a systematic approach to collect, record,
    46  and interpret relevant data  from  patients,  clients,  family  members,
    47  caregivers, and other individuals and groups. Nutrition assessment is an
    48  ongoing,  dynamic  process that involves initial data collection as well
    49  as continual reassessment and analysis of the patient's/client's  status
    50  compared to specified criteria.
    51    4. "Nutrition intervention" is a purposefully planned action, such as,
    52  but  not limited to, nutrition therapy or nutrition counseling, designed

    53  to change  nutrition  related  behaviors,  risk  factors,  environmental
    54  conditions  or  aspects of health status for individuals, groups, or the
    55  community.

        S. 3556                             3                            A. 5666
 
     1    § 4. Section 8002 of the education law, as added by chapter 635 of the
     2  laws of 1991, is amended to read as follows:
     3    § 8002. Use  of titles.  Only a person [certified] licensed under this
     4  article shall be authorized to use  the  title  ["certified  dietitian",
     5  "certified    dietician",   or   "certified   nutritionist"]   "licensed
     6  dietitian/nutritionist" or "LDN". No person, firm, partnership or corpo-
     7  ration claiming to be engaged in the practice of dietetics and nutrition

     8  shall in any manner advertise, or place any advertisement  for  services
     9  as  defined  in  section  eight thousand one of this article unless such
    10  services are performed by a person licensed or  authorized  pursuant  to
    11  this article.
    12    §  5.  Section 8003 of the education law, as amended by chapter 282 of
    13  the laws of 1992, is amended to read as follows:
    14    § 8003. State board for dietetics and nutrition.   A state  board  for
    15  dietetics  and  nutrition shall be appointed by the board of regents, on
    16  recommendation of the commissioner, for the  purpose  of  assisting  the
    17  board of regents and the department on matters of [certification] licen-
    18  sure,  practice  and  professional  conduct  in  accordance with section
    19  sixty-five hundred eight of this chapter.

    20    The board shall consist of not  less  than  [thirteen]  nine  members,
    21  [ten]  seven  of whom shall be [certified dietitians or certified nutri-
    22  tionists, except that the members of the first board need not be  certi-
    23  fied   but shall be persons who are eligible for certification under the
    24  provisions of this article prior to  their  appointment  to  the  board]
    25  licensed  pursuant  to this article.  The [first] board, with respect to
    26  members representing  the  profession,  shall  consist  of  [five]  four
    27  members  registered  by a national dietetic association having registra-
    28  tion standards acceptable to the department and [five] three members who

    29  are [members of or] registered by  a  national  nutritional  association
    30  having  [membership  and/or]  registration  standards  acceptable to the
    31  department. [Thereafter, members of the  profession  appointed  to  such
    32  board  shall  be  certified  pursuant  to  this  article.] To the extent
    33  reasonable, the board of regents should insure the state board is broad-
    34  ly representative of various  [professional  interests]  practice  areas
    35  within  the  dietetic  and  [nutritional]  nutrition community.   [Three
    36  members] One member shall be  [representatives]  representative  of  the
    37  general  public and one member shall be a physician licensed under arti-

    38  cle one hundred thirty-one of this title. Members  of  the  first  board
    39  need  not be licensed prior to their appointment to the board. The terms
    40  of the first appointed members shall  be  staggered  so  that  four  are
    41  appointed  for  three years, three are appointed for four years, and two
    42  are appointed for five years.  An executive secretary to the board shall
    43  be appointed by the board  of  regents  on  the  recommendation  of  the
    44  commissioner.
    45    § 6. Section 8004 of the education law, as added by chapter 635 of the
    46  laws  of  1991,  subparagraph  2  of  paragraph (a) of subdivision 2 and
    47  subparagraph 2 of paragraph (b) of subdivision 2 and  subdivision  3  as
    48  amended  by  chapter  282  of  the  laws  of 1992, is amended to read as
    49  follows:

    50    § 8004. Requirements for [certification]  professional  license.    To
    51  qualify  for  [certification]  a license, an applicant shall fulfill the
    52  following requirements:
    53    1. File an application with the department;
    54    2. [(a)(1) Have received an education including a  bachelor's  degree,
    55  or    its    equivalent    as   determined   by   the   department,   in
    56  dietetics/nutrition or an equivalent major course of study  which  shall

        S. 3556                             4                            A. 5666

     1  include  appropriate core curriculum courses in dietetics/nutrition from
     2  an accredited college or university as approved by  the  department,  in
     3  accordance with the commissioner's regulations; and

     4    (2)  Have  completed  a  planned, continuous, experience component, in
     5  accordance with the commissioner's regulations, in dietetic or nutrition
     6  practice under the supervision of a  certified  dietitian  or  certified
     7  nutritionist or a dietitian or nutritionist who is registered by or is a
     8  member  of a national dietetic association or national nutrition associ-
     9  ation having registration or  membership  standards  acceptable  to  the
    10  department;  such  experience  shall be satisfactory to the board and in
    11  accordance with the commissioner's regulations; or
    12    (b)(1) Have received an education including an  associates  degree  in
    13  dietetics or nutrition acceptable to the department,

    14    (2)  In  the last fifteen years have completed ten years of experience
    15  and education in the field of dietetics or nutrition satisfactory to the
    16  board in accordance with the commissioner's regulations. These ten years
    17  must be the full time equivalent of any combination  of  post  secondary
    18  dietetic  or  nutrition education and dietetic or nutrition work experi-
    19  ence satisfactory to the board in  accordance  with  the  commissioner's
    20  regulations, and
    21    (3) Have obtained the endorsement of three dietitians or nutritionists
    22  acceptable to the department] Have received a bachelor's degree or high-
    23  er  in  dietetics  and nutrition, or a bachelor's degree or higher which

    24  includes appropriate major course of study in dietetics  and  nutrition,
    25  or a bachelor's degree or higher and post graduate completion of a major
    26  course of study in dietetics and nutrition; from a program registered by
    27  the  department  or  determined  by the department to be the substantial
    28  equivalent, in accordance with  the  commissioner's  regulations.  Major
    29  course  of  study  in  dietetics  and nutrition shall include but not be
    30  limited to such areas as human nutrition, nutrition education, food  and
    31  nutrition,  dietetic  or food systems and management which addresses the
    32  practice of dietetics and nutrition under varying conditions  of  health
    33  and  disease,  social,  physical,  psychological and economic status for
    34  appropriate nutrition care;

    35    3. Through December thirty-first, two thousand fifteen, complete at  a
    36  minimum nine hundred hours in the practice of dietetics and nutrition in
    37  a  planned, continuous, experience component under the supervision of an
    38  individual licensed pursuant to this article,  in  accordance  with  the
    39  commissioner's   regulations;  effective  January  first,  two  thousand
    40  sixteen and thereafter, such  experience  shall  include  at  a  minimum
    41  twelve hundred hours;
    42    [3.]  4.  Pass an examination satisfactory to the board and in accord-
    43  ance with the commissioner's regulations; provided that such examination
    44  shall test a level  of  knowledge  and  experience  equivalent  to  that
    45  obtained  by  an  individual  satisfactorily meeting the requirements of

    46  [paragraph (a) of  subdivision]  subdivisions  two  and  three  of  this
    47  section;
    48    [4.]  5.  Pay a fee of one hundred seventy-five dollars to the depart-
    49  ment for admission to a department conducted examination and for initial
    50  certification, a fee of eighty-five dollars for  each  reexamination,  a
    51  fee  of  one  hundred  fifteen  dollars for an initial certification for
    52  persons not requiring admission to a department conducted examination, a
    53  fee of one hundred [fifty-five] seventy-five dollars for each  triennial
    54  registration period;
    55    [5.] 6. Be at least eighteen years of age;
    56    7. Be of good moral character as determined by the department.


        S. 3556                             5                            A. 5666
 
     1    § 7. Section 8005 of the education law, as added by chapter 635 of the
     2  laws of 1991, is amended to read as follows:
     3    § 8005. Special  provisions.  Nothing [contained in this article shall
     4  be deemed to alter, modify or impair any conditions of employment relat-
     5  ing to service in the federal government, the state  of  New  York,  its
     6  political subdivisions, including school districts, or special districts
     7  and authorities or any facilities or institutions under the jurisdiction
     8  of  or  subject  to  the certification of any agency of the state of New
     9  York or its political subdivisions] in this article  shall  prohibit  or

    10  limit any state, county or municipal employee engaged in the practice of
    11  dietetics and nutrition on the date the chapter of the laws of two thou-
    12  sand  eleven  which  amended  this  section  takes effect for the period
    13  during which they maintain such employment with such  governmental  unit
    14  within  the  context  of  such  employment  and  shall be limited to the
    15  services provided upon such effective date, however, this section  shall
    16  not  authorize the use of any title authorized pursuant to this article.
    17  Provided however, that employees engaged in the  practice  of  dietetics
    18  and nutrition hired two years after such effective date shall be subject
    19  to all the requirements of this article.

    20    § 8. Section 8006 of the education law, as added by chapter 635 of the
    21  laws  of 1991 and subdivision 2 as amended by chapter 282 of the laws of
    22  1992, is amended to read as follows:
    23    § 8006. Special conditions.  A person shall  be  [certified]  licensed
    24  without  examination provided that, within [three years of the effective
    25  date of this article] one year of the effective date of the  chapter  of
    26  the laws of two thousand eleven which amended this section, the individ-
    27  ual:
    28    1.  files  an application and pays the appropriate fees to the depart-
    29  ment; and
    30    [2.] (a) is currently certified under this article prior to the effec-
    31  tive date of the chapter of the law of two thousand eleven which amended
    32  this section; or

    33    (b) is registered as a dietitian or nutritionist by a national dietet-
    34  ic or  national  nutrition  association  having  registration  standards
    35  acceptable to the department; and
    36    [(b)]  2. meets the requirements of [subparagraph one of paragraph (a)
    37  of] subdivision two [and subdivision five]  of  section  eight  thousand
    38  four  of this article [and has been actively engaged in the provision of
    39  nutrition care services for a minimum of three  years  during  the  five
    40  years immediately preceding the effective date of this article; or
    41    (c) meets all the requirements of paragraph (b) of subdivision two and
    42  subdivision five of section eight thousand four of this article].

    43    §  9. The education law is amended by adding two new sections 8007 and
    44  8008 to read as follows:
    45    § 8007. Exemptions.  This article shall not be construed to affect  or
    46  prevent:
    47    1.  A  licensed  physician  from  practicing  his or her profession as
    48  defined under articles one hundred thirty-one and  one  hundred  thirty-
    49  one-B  of  this  title;  a  registered professional nurse or a certified
    50  nurse practitioner practicing his or her  profession  as  defined  under
    51  article  one  hundred thirty-nine of this title; or qualified members of
    52  other professions licensed under this title from performing  work  inci-
    53  dental  to  the  practice of their professions, except that such persons

    54  may not hold themselves out under the title authorized by this article;
    55    2. An individual from engaging in the practice of dietetics or  nutri-
    56  tion  while  participating  in  the education or experience requirements

        S. 3556                             6                            A. 5666
 
     1  defined in subdivisions two and three of section eight thousand four  of
     2  this article;
     3    3.  Any person who does not hold himself or herself out to be licensed
     4  pursuant to this article from furnishing general  nutrition  information
     5  on food or dietary supplements; engaging in the explanation to customers
     6  about  food  or  food  products  in  connection  with  the marketing and

     7  distribution of those products; provided that nothing in  this  subdivi-
     8  sion  shall  be  deemed  to authorize the provision of medical nutrition
     9  therapy; and
    10    4. A person from presenting  a  general  program  of  instruction  for
    11  weight  control provided the general program is approved in writing by a
    12  licensed dietitian, a dietitian registered by the Commission of Dietetic
    13  Registration of the American Dietetic Association or a  licensed  physi-
    14  cian.
    15  provided  that,  no  title,  sign,  card or device shall be used in such
    16  manner as to tend to convey the impression  that  the  person  rendering
    17  such service is licensed pursuant to this article.
    18    § 8008. Limited permit. The department shall issue a limited permit to

    19  an  applicant  for licensure who has met all the requirements of section
    20  eight thousand four of this article, but has not yet passed the examina-
    21  tion. 1. The duration of a limited permit shall not exceed one year from
    22  the time of its first issue and the department may for good cause  renew
    23  a  limited  permit  provided  that no applicant shall practice under any
    24  limited permit for more than a total of two years.
    25    2. All practice under a limited permit shall be under the  supervision
    26  of  an individual licensed pursuant to this article except that prior to
    27  the effective date of this section, and for  a  period  of  three  years
    28  following  such effective date, in order to qualify as a supervisor such
    29  individual need only be eligible for licensure.

    30    3. The fee for each limited permit shall be seventy-five dollars.
    31    § 10. This act shall take effect one year after it shall have become a
    32  law; provided however, that effective immediately, the addition,  amend-
    33  ment and/or repeal of any rule or regulation necessary for the implemen-
    34  tation  of  this act on its effective date is authorized and directed to
    35  be made and completed by the department of education on or  before  such
    36  effective date.
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