NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9481
SPONSOR: Solages TITLE OF BILL:
An act to amend the public health law, in relation to the creation of
the health professional nutrition education office
PURPOSE:
To ensure health professionals are adequately trained in nutrition and
diet.
SUMMARY:
Section 1. Adds a new title 2-G to the public health law.
Section 2. Sets the effective date.
JUSTIFICATION:
Diet is the most significant risk factor for disability and premature
death in the United States. Heart disease, cancer, stroke, and
diabetes-all highly correlated to diet-are among the leading causes of
death. Cardiovascular diseases are the leading causes of death in New
York, killing almost 59,000 of the state's residents each year.
Diabetes is also the state's most rapidly growing chronic disease,
affecting 1 out of 12 New Yorkers. Although many people consider physi-
cians to be a trusted source of information on the relationship between
diet and health, in actuality most physicians receive little to no
formal education on nutrition. Less than 1% of medical school lecture
hours are offered in nutrition education, and once physicians are
licensed, they are not required to complete any continuing medical
education on nutrition or diet. As a result, 73% of physicians report
that they received no or minimal instruction on nutrition, and 86% of
physicians feel unqualified to advise patients on nutrition. Yet, at the
same time, 61% of patients say they would like to talk to their physi-
cians about diet, and find them to be a credible source.
With the lack of nutrition education for doctors, there is a missed
opportunity to fight costly and preventable diet-related diseases.
Doctors who are trained in nutrition and nutrition counseling are more
likely to include nutrition assessments during patient exams, communi-
cate accurate basic nutrition advice, and provide referrals to dieti-
cians as needed. An analysis of data from the National Health and Nutri-
tional Examination Survey found that overweight and obese patients whose
doctors spoke with them about their weight were twice as likely to lose
at least 5% of their body mass over the following year. Without nutri-
tion education, physicians are much less likely to attempt offering
advice, and they won't be equipped to provide effective counseling based
on up-to-date nutrition science.
This legislation creates an office within the department of health that
would assist physician and other health professional training programs
in developing curricula and programs to provide nutrition education to
health professionals. Such assistance would reduce the administrative
and economic burdens on physician and other health professional training
programs by disseminating information regarding best practices and inno-
vative approaches to nutrition education, as well as curricula available
for adoption by those programs. The office would also promote research
regarding nutrition education for health professionals, serve as liaison
to the department on matters regarding the education of physicians and
other health professionals in nutrition, and publish a triennial report
analyzing both the status of physician and health professional nutrition
education and the policy options available to increase and improve that
education. This legislation also creates an advisory council that
assists in these functions.
RACIAL JUSTICE IMPACT:
The leading causes of death in the state of New York are heart disease,
stroke, and cancer. According to the CDC, Black people have the highest
rate of cancer diagnoses and the highest death rates resulting from
cancer (1). Additionally, In 2011-2015, Black adults in New York had a
premature death rate due to heart disease (77.6 per 100,000) that was
1.8 times that of White a person (2). A person's risk of being suscepti-
ble to these illnesses is associated with their cumulative lifetime
exposure to certain social, economic, and physical environments. These
environmental elements dictate exposure to quality health care and
access to health enhancing resources. African Americans are increasing-
ly facing health inequities and are therefore becoming increasingly
vulnerable to compromising diseases. By implementing this legislation,
we combat this by ensuring that health professionals are equipped with
the essential tools to cater to the health needs of at risk communities.
GENDER JUSTICE IMPACT:
TBD.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
2021-22: A8171; referred to higher education.
EFFECTIVE DATE:
This act shall take effect immediately.
(1) https://wvvw.cdc.govicancer/health-equity/groups/african-
american.htm
(2) https://www.nyc.gov/a.ssets/doh/downloads/pdffepi/databrief95.pdf
STATE OF NEW YORK
________________________________________________________________________
9481
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the public health law, in relation to the creation of
the health professional nutrition education office
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 2 of the public health law is amended by adding a
2 new title 4-A to read as follows:
3 TITLE IV-A
4 HEALTH PROFESSIONAL NUTRITION EDUCATION OFFICE
5 Section 255. Definitions.
6 255-a. Office of health professional nutrition education
7 created.
8 255-b. Health professional nutrition education council.
9 255-c. Preparation and distribution of reports.
10 § 255. Definitions. For purposes of this title:
11 1. "Health professional" shall mean a physician or other individual
12 providing medical and/or health care services under articles one hundred
13 thirty-one, one hundred thirty-one-B and one hundred thirty-three of the
14 education law.
15 2. "Health professional training program" shall mean medical schools,
16 graduate medical education programs, dental schools, physician assistant
17 programs, and other institutions that educate and train health profes-
18 sionals.
19 3. "Office" shall mean the office of health professional nutrition
20 education, as created pursuant to section two hundred fifty-five-a of
21 this title.
22 4. "Health professional nutrition education council" or "council"
23 shall mean the advisory body to the commissioner, created pursuant to
24 the provisions of section two hundred fifty-five-b of this title.
25 § 255-a. Office of health professional nutrition education created.
26 There is hereby created an office of health professional nutrition
27 education within the department. Such office shall:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14479-01-4
A. 9481 2
1 1. Assist health professional training programs in developing curric-
2 ula and programs to improve the education of health professionals in
3 the topics of diet and nutrition. This may be accomplished by establish-
4 ing core competencies in nutrition for relevant health professional
5 training programs, acting as a clearinghouse for information about
6 existing initiatives and available curricular offerings, and providing
7 recognition for health professional training programs with excellent
8 curricular offerings in nutrition.
9 2. Apply for grants and accept gifts from private and public sources
10 for research to improve and enhance the education of health profes-
11 sionals regarding diet and nutrition. The office shall also promote
12 nutrition education research in universities and colleges, including
13 research regarding the impact of physician nutrition education on popu-
14 lation health.
15 3. Together with the council, serve as liaison to the department on
16 matters regarding the education of health professionals in nutrition.
17 This function shall include the provision of staff support to the coun-
18 cil and the preparation and distribution of triennial reports as
19 provided for in section two hundred fifty-five-c of this title.
20 § 255-b. Health professional nutrition education council. 1. There
21 shall be established within the office a health professional nutrition
22 education council to be composed of the commissioner and fourteen
23 members to be appointed by the governor with the advice and consent of
24 the senate. The governor shall designate one of the members of the
25 public health and health planning council as its chair. The members of
26 the council shall include deans or other representatives of health
27 professional training programs; representatives of health professionals;
28 and individuals with expertise in public health, health planning, health
29 workforce education, nutrition dietetics, and lifestyle medicine.
30 2. a. The council shall, at the request of the commissioner, consider
31 any matter relating to the nutrition education and training of health
32 professionals, and may advise the commissioner thereon; and it may, from
33 time to time, submit to the commissioner any recommendations relating to
34 the provision of health professional nutrition education.
35 b. The council shall also assist the office with its responsibilities
36 as delineated in section two hundred fifty-five-a of this title;
37 contribute to the triennial report required pursuant to section two
38 hundred fifty-five-c of this title; and act as liaison and advocate on
39 health professional nutrition education matters.
40 3. a. The terms of office of members of the council shall be three
41 years. The members of the council shall continue in office until the
42 expiration of their terms and until their successors are appointed and
43 have qualified. Such appointments shall be made by the governor, with
44 the advice and consent of the senate, within one year following the
45 expiration of such terms.
46 b. Vacancies shall be filled by appointment by the governor for the
47 unexpired terms within one year of the date upon which such vacancies
48 occur.
49 4. The council shall meet as frequently as its business may require,
50 but not less than two times a year. Meetings may be called by the chair-
51 person at the request of the commissioner.
52 5. The members of the council shall serve without compensation other
53 than reimbursement of actual and necessary expenses incurred in the
54 performance of their duties hereunder.
55 6. Staff support for the council shall be provided for by the office
56 as provided for in section two hundred fifty-five-a of this title.
A. 9481 3
1 7. The entirety of each meeting of the council shall be live webcast
2 to the public on the department's website and shall be archived on the
3 department's website, for a period of no less than two years, within
4 twenty-four hours of the adjournment of the last meeting. The depart-
5 ment shall provide notice to the public, via the department's website,
6 of the availability of the live webcast of each such meeting.
7 § 255-c. Preparation and distribution of reports. The department shall
8 submit a triennial report to the governor and the legislature describing
9 the activities of the office, the status of health professional nutri-
10 tion education in New York, and the policy options available to increase
11 health professional nutrition education. The first such report shall be
12 transmitted on or before September first, two thousand twenty-seven.
13 Such reports shall contain the following information:
14 1. Activities of the office, expenditures incurred in carrying out
15 such activities, and anticipated activities to be undertaken in the
16 future.
17 2. Progress in carrying out the functions and duties listed in section
18 two hundred fifty-five-a of this title.
19 3. An analysis of the status of health professional nutrition educa-
20 tion in New York, the policy options available to encourage health
21 professional training programs to provide adequate nutrition education,
22 and the policy options available to encourage health professionals them-
23 selves to obtain adequate nutrition education. Such analysis shall be
24 conducted in cooperation with the council.
25 4. Any recommended improvements to programs and/or regulations that
26 would improve the nutrition education of health professionals.
27 § 2. This act shall take effect immediately.
