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S02231 Summary:

BILL NOS02231C
 
SAME ASSAME AS A08504-B
 
SPONSORLAVALLE
 
COSPNSRAMEDORE, BROOKS, GALLIVAN
 
MLTSPNSR
 
Rpld 8004 & 8005, amd Ed L, generally; amd 413 & 488, Soc Serv L
 
Provides for the licensure of dietitians and nutritionists; defines the practice thereof.
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S02231 Actions:

BILL NOS02231C
 
01/12/2017REFERRED TO HIGHER EDUCATION
06/12/2017AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
06/12/2017PRINT NUMBER 2231A
06/21/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/21/2017ORDERED TO THIRD READING CAL.2155
06/21/2017PASSED SENATE
06/21/2017DELIVERED TO ASSEMBLY
06/21/2017referred to higher education
01/03/2018died in assembly
01/03/2018returned to senate
01/03/2018REFERRED TO HIGHER EDUCATION
01/04/2018AMEND AND RECOMMIT TO HIGHER EDUCATION
01/04/2018PRINT NUMBER 2231B
01/12/2018AMEND AND RECOMMIT TO HIGHER EDUCATION
01/12/2018PRINT NUMBER 2231C
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S02231 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2231--C
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2017
                                       ___________
 
        Introduced by Sens. LAVALLE, AMEDORE, BROOKS, GALLIVAN -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Higher  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Higher Education in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN  ACT  to  amend  the  education  law  and the social services law, in
          relation to the licensure of dietitians and nutritionists; and repeal-
          ing 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07866-06-8

        S. 2231--C                          2
 
     1  providing  for the licensure and regulation of the activities of persons
     2  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  nutri-
     7  tionist"  or "LN" and "licensed dietitian/nutritionist" or "LDN" and the
     8  practice of dietetics and nutrition.   The  general  provision  for  all
     9  professions  contained in article one hundred thirty of this title shall
    10  apply to this article.
    11    § 3. Section 8001 of the education law, as added by chapter 635 of the
    12  laws of 1991, is amended to read as follows:
    13    § 8001. [Definitions] Dietetic and nutrition practice.  [1.  Dietetics
    14  and  nutrition  are herein each defined as  the integration and applica-
    15  tion of principles derived from the sciences of nutrition, biochemistry,
    16  physiology, food  management  and  behavioral  and  social  sciences  to
    17  achieve and maintain people's health.
    18    2.  Where  the title "certified dietitian" or "certified nutritionist"
    19  is used in this article it shall mean "certified dietitian",  "certified
    20  dietician", or "certified nutritionist".
    21    3.  A certified dietitian or certified nutritionist is one who engages
    22  in the integration  and  application  of  principles  derived  from  the
    23  sciences  of  nutrition,  biochemistry,  physiology, food management and
    24  behavioral and social sciences to achieve and maintain people's  health,
    25  and who is certified as such by the department pursuant to section eight
    26  thousand  four  of  this  article.   The primary function of a certified
    27  dietitian or certified nutritionist is the provision of  nutrition  care
    28  services that shall include:
    29    (a) Assessing nutrition needs and food patterns;
    30    (b)  Planning  for and directing the provision of food appropriate for
    31  physical and nutrition needs; and
    32    (c) Providing nutrition counseling.]
    33    1. Dietetic and nutrition  practice  is  the  application  of  medical
    34  nutrition  therapy and elements of nutrition care, which includes nutri-
    35  tion assessment, nutrition diagnosis, diet  or  nutrition  intervention,
    36  counseling, evaluation and monitoring for the prevention or treatment of
    37  nutrition related illnesses, nourishment and malnourishment.
    38    2.  A  licensed nutritionist and licensed dietitian/nutritionist shall
    39  have the authority, as necessary, and limited to the practice of dietet-
    40  ics and nutrition, to order diagnostic tests and devices, and laboratory
    41  tests, as established by the board in accordance with the commissioner's
    42  regulations.
    43    3. A licensed nutritionist  and  licensed  dietitian/nutritionist  may
    44  order,  write,  review,  evaluate,  monitor and manage therapeutic diets
    45  including enteral and parenteral diets.
    46    § 4. The education law is amended by adding a new  section  8001-a  to
    47  read as follows:
    48    §  8001-a.  Definitions.  For  purposes  of  this article: 1. "Medical
    49  nutrition therapy" is an evidence based application  of  nutrition  care
    50  focused  on  prevention, delay or management of diseases and conditions,
    51  and involves an in-depth assessment, intervention and periodic reassess-
    52  ment.
    53    2. "Nutrition diagnosis" in the context  of  dietetics  and  nutrition
    54  practice  means  the  identification  and labeling of existing nutrition
    55  problems expressed in terms of etiology, signs and  symptoms.  Nutrition
    56  diagnosis is distinct from a medical diagnosis.  Nothing in this section

        S. 2231--C                          3
 
     1  shall     authorize     a     licensed    nutritionist    or    licensed
     2  dietitian/nutritionist to make a medical diagnosis.
     3    3.  "Nutrition  assessment" means the systematic process of obtaining,
     4  verifying, and interpreting biochemical,  anthropometric,  nutrigenomic,
     5  physical  and  dietary  data in order to make decisions about the nature
     6  and cause of nutrition related problems.  The mere collection  of  these
     7  data for use in a nutrition assessment is not a nutrition assessment and
     8  does  not  require  a license in dietetics and nutrition as set forth in
     9  this article.
    10    4. "Nutrition intervention" is a purposefully planned action,  includ-
    11  ing,  but  not  limited  to,  the recommendation or ordering of food and
    12  nutrition supplements designed to positively  change  nutrition  related
    13  behavior,  risk  factor,  environmental  condition  or aspects of health
    14  status for individuals, groups, or the community.
    15    § 5. Section 8002 of the education law, as added by chapter 635 of the
    16  laws of 1991, is amended to read as follows:
    17    § 8002. [Use]  Practice and authorization of titles.   Only  a  person
    18  [certified]  licensed  or  otherwise authorized under this article shall
    19  [be authorized to] practice dietetics and nutrition  or  use  the  title
    20  ["certified  dietitian", "certified dietician", or "certified nutrition-
    21  ist"]    "licensed    nutritionist"     or     "LN"     or     "licensed
    22  dietitian/nutritionist"  or  "LDN";  provided,  however, that nothing in
    23  this article shall prevent an individual from using any  title  obtained
    24  from a national credentialing body.
    25    §  6.  Section 8003 of the education law, as amended by chapter 282 of
    26  the laws of 1992, is amended to read as follows:
    27    § 8003. State board for dietetics and nutrition.   A state  board  for
    28  dietetics  and  nutrition shall be appointed by the board of regents, on
    29  recommendation of the commissioner, for the  purpose  of  assisting  the
    30  board of regents and the department on matters of [certification] licen-
    31  sure,  practice  and  professional  conduct  in  accordance with section
    32  sixty-five hundred eight of this [chapter] title.
    33    The board shall consist of not less than  [thirteen]  eleven  members,
    34  [ten]  four  of  whom shall be [certified dietitians or certified nutri-
    35  tionists, except that the members of the first board need not be  certi-
    36  fied   but shall be persons who are eligible for certification under the
    37  provisions of this article prior to  their  appointment  to  the  board]
    38  licensed  dietitian/nutritionists  and  four  of  whom shall be licensed
    39  nutritionists pursuant to this article.  The [first] board, with respect
    40  to members representing the profession, shall  consist  of  [five]  four
    41  members  [registered]  credentialed  by  a national dietetic association
    42  having [registration] credentialing standards acceptable to the  depart-
    43  ment  and [five] four members who are [members of or registered] creden-
    44  tialed by a national nutritional association having  [membership  and/or
    45  registration]  credentialing  standards  acceptable  to  the department;
    46  provided, however, that  no  such  credentialed  member  shall  be  also
    47  credentialed by a national nutrition association, nor a national dietet-
    48  ic  association,  respectively.  [Thereafter,  members of the profession
    49  appointed to such board shall be certified pursuant to this article.  To
    50  the extent reasonable, the board of  regents  should  insure  the  state
    51  board is broadly representative of various professional interests within
    52  the  dietetic  and  nutritional  community.   Three members] Two members
    53  shall be representatives of the general public and one member shall be a
    54  physician licensed under article one hundred thirty-one of  this  title.
    55  Such  physician  member  shall  not  be a member of or credentialed by a
    56  national dietetic or national nutrition association. An executive secre-

        S. 2231--C                          4

     1  tary to the board shall be appointed by the  board  of  regents  on  the
     2  recommendation of the commissioner.
     3    §  7.  Section 8004 of the education law is REPEALED and a new section
     4  8004 is added to read as follows:
     5    § 8004. Requirements for professional license. 1.  To  qualify  for  a
     6  license  as  a  licensed  nutritionist,  an  applicant shall fulfill the
     7  following requirements:
     8    (a) File an application with the department;
     9    (b) Education:
    10    (1) Have received a master's or doctoral  degree  in  nutrition  or  a
    11  nutrition-related science from a program registered by the department or
    12  determined  by  the  department  to  be  the  substantial equivalent, in
    13  accordance  with  the  commissioner's  regulations;  or  a  master's  or
    14  doctoral  degree  in a healthcare field from a program registered by the
    15  department or determined by the department to be the substantial  equiv-
    16  alent, in accordance with the commissioner's regulations; and
    17    (2) Have completed coursework covering content areas including but not
    18  limited to:
    19    (i) Biochemistry;
    20    (ii) Metabolism in health and disease;
    21    (iii) Anatomy and physiology;
    22    (iv) Clinical and life sciences;
    23    (v) Human nutrition, across the life cycle in health and disease;
    24    (vi) Nutrition assessment and evaluation;
    25    (vii) Medical nutrition therapy, planning and implementation;
    26    (viii) Food content, safety and quality; and
    27    (ix)Professional orientation and ethics.
    28    (c) Experience:
    29    (1)  Complete a minimum of one thousand hours of supervised experience
    30  relevant to the practice  of  dietetics  and  nutrition  in  a  planned,
    31  continuous  experience  satisfactory to the department and in accordance
    32  with the commissioner's regulations.  A practicum completed as part of a
    33  graduate level program shall be considered supervised experience for the
    34  purposes of this paragraph in accordance with the  commissioner's  regu-
    35  lations.
    36    (2)  Supervised  experience shall be under the supervision of an indi-
    37  vidual with experience in the practice of dietetics and nutrition who is
    38  licensed under this article or is  a  licensed  healthcare  professional
    39  under  this title, satisfactory to the department and in accordance with
    40  the commissioner's regulations. Satisfactory experience obtained  in  an
    41  entity  operating  under  a  waiver issued by the department pursuant to
    42  section sixty-five hundred three-a of this title may be accepted by  the
    43  department  notwithstanding  that such experience may have been obtained
    44  prior to the effective date of such section sixty-five  hundred  three-a
    45  of  this  title and/or prior to the entity having obtained a waiver. The
    46  department may, for good cause  shown,  accept  satisfactory  experience
    47  that was obtained in a setting that would have been eligible for a waiv-
    48  er but which has not obtained a waiver from the department or experience
    49  that  was  obtained in good faith by the applicant under the belief that
    50  appropriate authorization had been obtained for the experience, provided
    51  that such experience meets all other requirements for acceptable experi-
    52  ence.
    53    (3) Experience obtained prior to the effective date  of  this  section
    54  shall  have  been supervised by a certified dietitian/nutritionist or by
    55  an individual credentialed  by  or  recognized  as  a  supervisor  by  a
    56  national  dietetic  credentialing  organization  or national nutritional

        S. 2231--C                          5
 
     1  credentialing organization. Such  national  credentialing  organizations
     2  must  be  accredited by the national commission for certifying agencies,
     3  and  approved  by  the  department  as  having  credentialing  standards
     4  substantially  equivalent  to standards set forth for licensure pursuant
     5  to this article.
     6    (4) Experience shall be relevant to  the  practice  of  dietetics  and
     7  nutrition  under varying conditions of health and disease, social, phys-
     8  ical, psychological and economic status.
     9    (d) Examination: Pass an examination satisfactory to the board and  in
    10  accordance with the commissioner's regulations; provided that such exam-
    11  ination  shall  test  a  level of knowledge and experience equivalent to
    12  that obtained by an individual satisfactorily meeting  the  requirements
    13  of paragraphs (b) and (c) of this subdivision;
    14    (e)  Pay  a  fee of one hundred seventy-five dollars to the department
    15  for admission to  a  department  conducted  examination  and/or  initial
    16  certification,  a  fee  of eighty-five dollars for each reexamination, a
    17  fee of one hundred fifteen dollars  for  an  initial  certification  for
    18  persons not requiring admission to a department conducted examination, a
    19  fee  of one hundred seventy-five dollars for each triennial registration
    20  period;
    21    (f) Be at least eighteen years of age; and
    22    (g) Be of good moral character as determined by the department.
    23    2. To qualify for a license as a licensed  dietitian/nutritionist,  an
    24  applicant shall fulfill the following requirements:
    25    (a) File an application with the department;
    26    (b)  Education:  Have  received  an  education, including a bachelor's
    27  degree or higher in dietetics and nutrition from  a  program  registered
    28  with  the department, or determined by the department to be the substan-
    29  tial equivalent thereof, in accordance with commissioner's  regulations;
    30  or  post  graduate  completion of a graduate coursework in dietetics and
    31  nutrition from a program registered by the department or  determined  by
    32  the  department  to be the substantial equivalent thereof, in accordance
    33  with the commissioner's regulations. The  coursework  in  dietetics  and
    34  nutrition shall include but not be limited to the following areas:
    35    (1)  Physical and life sciences, including organic chemistry, biochem-
    36  istry, physiology,  genetics,  microbiology,  pharmacology,  statistics,
    37  nutrient metabolism and nutrition across the lifespan;
    38    (2)  Human behavior and diversity, such as psychology or sociology and
    39  counseling methods;
    40    (3) Professional practice and ethics;
    41    (4) Nutrition care  including  Medical  Nutrition  Therapy,  nutrition
    42  diagnosis and enteral and parenteral nutrition;
    43    (5)  Role  of  environment,  food,  nutrition and lifestyle choices in
    44  health promotion and disease prevention; and
    45    (6) Principles of food science and food preparation, and food  systems
    46  management.
    47    (c) Experience:
    48    (1)  Complete a minimum of one thousand hours of supervised experience
    49  relevant to the practice  of  dietetics  and  nutrition  in  a  planned,
    50  continuous,  experience  program  satisfactory  to the department and in
    51  accordance with the commissioner's regulations. A practicum completed as
    52  part of an education program shall be considered  supervised  experience
    53  for  purposes  of  this  paragraph in accordance with the commissioner's
    54  regulations.
    55    (2) Supervised experience shall be under the supervision of a licensed
    56  dietitian/nutritionist licensed under this article. Satisfactory experi-

        S. 2231--C                          6
 
     1  ence obtained in an entity  operating  under  a  waiver  issued  by  the
     2  department  pursuant to section sixty-five hundred three-a of this title
     3  may be accepted by the department notwithstanding that  such  experience
     4  may  have  been  obtained  prior  to  the effective date of such section
     5  sixty-five hundred three-a of this title  and/or  prior  to  the  entity
     6  having  obtained  a  waiver.  The  department may, for good cause shown,
     7  accept satisfactory experience that was obtained in a setting that would
     8  have been eligible for a waiver but which has not obtained a waiver from
     9  the department or experience that was obtained  in  good  faith  by  the
    10  applicant  under  the  belief  that  appropriate  authorization had been
    11  obtained for the experience, provided that  such  experience  meets  all
    12  other requirements for acceptable experience.
    13    (3)  Experience  obtained  prior to the effective date of this section
    14  shall have been supervised by a certified dietitian/nutritionist  or  by
    15  an  individual  credentialed  by  or  recognized  as  a  supervisor by a
    16  national dietetic credentialing  organization  or  national  nutritional
    17  credentialing  organization.  Such  national credentialing organizations
    18  must be accredited by the national commission for  certifying  agencies,
    19  and  approved  by  the  department  as  having  credentialing  standards
    20  substantially equivalent to standards set forth for  licensure  pursuant
    21  to this article.
    22    (4)  Experience  shall  be  relevant  to the practice of dietetics and
    23  nutrition under varying conditions of health and disease, social,  phys-
    24  ical, psychological and economic status.
    25    (d)  Examination: Pass an examination satisfactory to the board and in
    26  accordance with the commissioner's regulations; provided that such exam-
    27  ination shall test a level of knowledge  and  experience  equivalent  to
    28  that  obtained  by an individual satisfactorily meeting the requirements
    29  of paragraphs (b) and (c) of this subdivision;
    30    (e) Pay a fee of one hundred seventy-five dollars  to  the  department
    31  for  admission  to  a  department  conducted  examination and/or initial
    32  certification, a fee of eighty-five dollars for  each  reexamination,  a
    33  fee  of  one  hundred  fifteen  dollars for an initial certification for
    34  persons not requiring admission to a department conducted examination, a
    35  fee of one hundred seventy-five dollars for each triennial  registration
    36  period;
    37    (f) Be at least eighteen years of age; and
    38    (g) Be of good moral character as determined by the department.
    39    § 8. Section 8005 of the education law is REPEALED.
    40    § 9. Section 8006 of the education law, as added by chapter 635 of the
    41  laws  of 1991 and subdivision 2 as amended by chapter 282 of the laws of
    42  1992, is amended to read as follows:
    43    § 8006. Special conditions.   [A person  shall  be  certified  without
    44  examination  provided  that, within three years of the effective date of
    45  this article, the individual:
    46    1. files an application and pays the appropriate fees to  the  depart-
    47  ment; and
    48    2.    (a)  is  registered as a dietitian or nutritionist by a national
    49  dietetic or national nutrition association having registration standards
    50  acceptable to the department;
    51    (b) meets the requirements of subparagraph one  of  paragraph  (a)  of
    52  subdivision  two  and subdivision five of section eight thousand four of
    53  this article and has been actively engaged in the provision of nutrition
    54  care services for a minimum of three years during the five  years  imme-
    55  diately preceding the effective date of this article; or

        S. 2231--C                          7

     1    (c) meets all the requirements of paragraph (b) of subdivision two and
     2  subdivision five of section eight thousand four of this article.] 1. Any
     3  person  who  is  licensed as a certified dietitian or a certified nutri-
     4  tionist (CDN) on the effective date of the chapter of the  laws  of  two
     5  thousand  eighteen,  which  amended this section, shall be licensed as a
     6  licensed dietitian/nutritionist without meeting any additional  require-
     7  ments.
     8    2.  Any  non-exempt  person  practicing the professions to be licensed
     9  pursuant to this article shall apply for a license within  one  year  of
    10  the effective date of this section.
    11    3.  Any  non-exempt  person  practicing  the profession that meets the
    12  requirements for  a  license,  except  for  experience,  as  a  licensed
    13  dietitian/nutritionist as established in this article, such person shall
    14  be  eligible  for  a license as a dietitian/nutritionist until two years
    15  after the effective date  of  this  section  if  the  applicant  submits
    16  evidence of having nine hundred hours of supervised experience satisfac-
    17  tory to the department.
    18    §  10.  The education law is amended by adding four new sections 8007,
    19  8008, 8009 and 8010 to read as follows:
    20    § 8007. Exemptions.  This article shall not be construed to affect  or
    21  prevent:
    22    1.  A  licensed  physician  from  practicing  his or her profession as
    23  defined under articles one hundred thirty-one and  one  hundred  thirty-
    24  one-B  of  this  title;  a  registered professional nurse or a certified
    25  nurse practitioner practicing his or her  profession  as  defined  under
    26  article  one  hundred thirty-nine of this title; or qualified members of
    27  other professions licensed under this title from performing  work  inci-
    28  dental  to  the  practice of their professions, except that such persons
    29  may not hold themselves out under the title authorized by this article;
    30    2. A student, intern or resident from  engaging  in  the  practice  of
    31  dietetics  or  nutrition while participating in the education or experi-
    32  ence requirements defined in paragraphs (b) and (c) of subdivisions  one
    33  and two of section eight thousand four of this article;
    34    3.  Any person who does not hold himself or herself out to be licensed
    35  pursuant to this article from furnishing to individuals or groups gener-
    36  al non-medical nutrition information guidance, encouragement;  or  indi-
    37  vidualized  non-medical  nutrition  recommendations  on  food or dietary
    38  supplements for the purpose of primary prevention or maintenance of good
    39  health; or engaging in the explanation to customers about food  or  food
    40  products  in  connection  with  the  marketing and distribution of those
    41  products; provided that nothing in this subdivision shall be  deemed  to
    42  authorize  the  provision of medical nutrition therapy.  For purposes of
    43  this subdivision, "general non-medical nutrition information" and "indi-
    44  vidualized non-medical nutrition recommendations" means  information  or
    45  recommendations  on  the following: (a) Principles of good nutrition and
    46  food preparation; (b) Food to be included in the normal daily diet;  (c)
    47  The  essential  nutrients needed by the body; (d) Recommended amounts of
    48  the essential nutrients, based on established standards; (e) The actions
    49  of nutrients on the body; (f) The effects of deficiencies or excesses of
    50  nutrients; (g) Food and supplements that are good sources  of  essential
    51  nutrients;  or  (h) Evidence based recommendations on nutrition and diet
    52  to maintain good health and for the purposes of primary prevention;
    53    4. A person who does not hold himself or herself out to be a  licensed
    54  dietitian/nutritionist or a licensed nutritionist from providing general
    55  non-medical  nutrition information and individualized non-medical recom-

        S. 2231--C                          8
 
     1  mendations as defined in subdivision three of this section  if  employed
     2  by or operating a health weight loss or fitness program;
     3    5.  An  individual  employed  by a WIC program as a "competent profes-
     4  sional authority" as defined in 7 C.F.R § 246.2  (1895)  from  providing
     5  nutrition  services  within  such  WIC  program. For the purpose of this
     6  subdivision the term "WIC program" shall mean a program authorized by 42
     7  U.S.C. § 1786; and
     8    6. A diet or nutrition technician, as  defined  by  the  commissioner,
     9  authorized  by the department and under the direction and supervision of
    10  a licensed dietitian/nutritionist or licensed nutritionist employed in a
    11  hospital, including any diagnostic center, treatment center,  or  hospi-
    12  tal-based  outpatient  department,  residential  health care facility or
    13  nursing home or any facility as defined in section twenty-eight  hundred
    14  one  of  the  public health law, a home care services agency licensed or
    15  certified as defined in  section  twenty-eight  hundred  five-x  of  the
    16  public health law, a hospice program certified pursuant to article forty
    17  of  the  public  health law, or an enhanced assisted living residence as
    18  defined in section forty-six hundred fifty-one of the public health  law
    19  and certified and licensed pursuant to article forty-six-B of the public
    20  health  law.  Such diet or nutrition technician shall be individuals who
    21  have met standards, including those relating to education,  examination,
    22  character,  and  may include standards related to experience, as promul-
    23  gated in regulations by  the  commissioner.  Such  individual  shall  be
    24  subject  to  full  disciplinary and regulatory authority of the board of
    25  regents and the state education department, pursuant to this  title,  as
    26  if  such  authorization  were  a  professional license issued under this
    27  article. The application fee for such authorization shall be established
    28  in regulation by the department. Each authorized diet or nutrition tech-
    29  nician shall register with the department every three  years  and  shall
    30  pay a registration fee established in regulation by the department.
    31    § 8008. Limited permit. 1. The department shall issue a limited permit
    32  to  an applicant for licensure who has met the requirements of paragraph
    33  (b) of subdivision two of section eight thousand four of this article.
    34    2. The duration of a limited permit shall not exceed  two  years  from
    35  the  time of its first issue and the department may for good cause renew
    36  a limited permit for an additional one year provided that  no  applicant
    37  shall  practice  under any limited permit for more than a total of three
    38  years.
    39    3. All practice under a limited permit shall be under the  supervision
    40  of  individuals  licensed pursuant to this article and meet the require-
    41  ments of paragraph (c) of subdivision one or paragraph (c)  of  subdivi-
    42  sion two of section eight thousand four of this article.
    43    4. The fee for each limited permit shall be seventy-five dollars.
    44    §  8009. Hospital privileges. Nothing herein contained shall be deemed
    45  to authorize,  grant,  or  extend  hospital  privileges  to  individuals
    46  licensed under this article.
    47    §  8010.  Boundaries of professional competency. 1. It shall be deemed
    48  practicing outside the boundaries of his or her professional  competence
    49  for a person licensed pursuant to this article, in the case of treatment
    50  of  any serious mental illness, to provide any mental health service for
    51  such illness on a continuous and sustained basis without a medical eval-
    52  uation of the illness by, and consultation with, a  physician  regarding
    53  such  illness.  Such  medical  evaluation  and  consultation shall be to
    54  determine and advise whether any medical  care  is  indicated  for  such
    55  illness.  For  purposes  of this section, "serious mental illness" means
    56  schizophrenia, schizoaffective disorder, bipolar disorder, major depres-

        S. 2231--C                          9
 
     1  sive disorder, panic  disorder,  obsessive-compulsive  disorder,  atten-
     2  tion-deficit hyperactivity disorder and autism.
     3    2.  Any individual whose license or authority to practice derives from
     4  the provisions of this article shall be prohibited from:
     5    (a) Prescribing or administering drugs as defined in this chapter as a
     6  treatment, therapy, or professional service in the practice  of  his  or
     7  her profession; and
     8    (b) Using invasive procedures as a treatment, therapy, or professional
     9  service  in  the practice of his or her profession. For purposes of this
    10  subdivision, "invasive procedure" means any  procedure  in  which  human
    11  tissue  is cut, altered, or otherwise infiltrated by mechanical or other
    12  means. Invasive procedure includes surgery, lasers, ionizing  radiation,
    13  therapeutic ultrasound, or electroconvulsive therapy.
    14    §  11.  Subparagraph  (i)  of  paragraph a of subdivision 1 of section
    15  6503-a of the education law, as amended by chapter 554 of  the  laws  of
    16  2013, is amended to read as follows:
    17    (i)  services  provided  under  article  one  hundred  fifty-four, one
    18  hundred fifty-seven, one hundred sixty-three or one hundred  sixty-seven
    19  of this title for which licensure would be required, or
    20    §  12.  Section 6505-b of the education law, as amended by chapter 477
    21  of the laws of 2008, is amended to read as follows:
    22    § 6505-b. Course work or  training  in  infection  control  practices.
    23  Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
    24  optometrist and dental hygienist, licensed  nutritionist,  and  licensed
    25  dietitian/nutritionist  practicing in the state shall, on or before July
    26  first, nineteen hundred ninety-four and  every  four  years  thereafter,
    27  complete course work or training appropriate to the professional's prac-
    28  tice  approved by the department regarding infection control and barrier
    29  precautions,  including  engineering  and  work  practice  controls,  in
    30  accordance  with  regulatory standards promulgated by the department, in
    31  consultation with the department of health, which shall  be  consistent,
    32  as  far as appropriate, with such standards adopted by the department of
    33  health pursuant to section two hundred thirty-nine of the public  health
    34  law  to  prevent  the  transmission  of HIV, HBV or HCV in the course of
    35  professional practice. Each such  professional  shall  document  to  the
    36  department  at the time of registration commencing with the first regis-
    37  tration after July first, nineteen hundred ninety-four that the  profes-
    38  sional  has  completed  course  work or training in accordance with this
    39  section, provided, however that a professional subject to the provisions
    40  of paragraph (f) of subdivision  one  of  section  twenty-eight  hundred
    41  five-k  of  the  public health law shall not be required to so document.
    42  The department shall provide  an  exemption  from  this  requirement  to
    43  anyone  who  requests such an exemption and who (i) clearly demonstrates
    44  to the department's satisfaction that there would be no need for him  or
    45  her  to  complete  such course work or training because of the nature of
    46  his or her practice or (ii) that he or she has completed course work  or
    47  training deemed by the department to be equivalent to the course work or
    48  training  approved  by  the  department  pursuant  to  this section. The
    49  department  shall   consult   with   organizations   representative   of
    50  professions,  institutions and those with expertise in infection control
    51  and HIV, HBV and HCV with respect to the regulatory standards promulgat-
    52  ed pursuant to this section.
    53    § 13. Section 6505-b of the education law, as amended by  chapter  347
    54  of the laws of 2017, is amended to read as follows:
    55    § 6505-b. Course  work  or  training  in  infection control practices.
    56  Every dentist, registered nurse, licensed practical  nurse,  podiatrist,

        S. 2231--C                         10
 
     1  optometrist  and  dental  hygienist, licensed nutritionist, and licensed
     2  dietitian/nutritionist practicing in the state shall, on or before  July
     3  first,  nineteen  hundred  ninety-four  and every four years thereafter,
     4  complete course work or training appropriate to the professional's prac-
     5  tice approved by the department regarding infection control, which shall
     6  include  sepsis, and barrier precautions, including engineering and work
     7  practice controls, in accordance with regulatory  standards  promulgated
     8  by  the department, in consultation with the department of health, which
     9  shall be consistent, as far as appropriate, with such standards  adopted
    10  by  the department of health pursuant to section two hundred thirty-nine
    11  of the public health law to prevent the transmission of  HIV,  HBV,  HCV
    12  and  sepsis  in  the  course of professional practice. Each such profes-
    13  sional shall document to the department  at  the  time  of  registration
    14  commencing  with  the  first  registration  after  July  first, nineteen
    15  hundred ninety-four that the professional has completed course  work  or
    16  training  in  accordance  with  this  section,  provided, however that a
    17  professional subject to the provisions of paragraph (f)  of  subdivision
    18  one  of  section  twenty-eight  hundred  five-k of the public health law
    19  shall not be required to so document. The department  shall  provide  an
    20  exemption from this requirement to anyone who requests such an exemption
    21  and  who  (i) clearly demonstrates to the department's satisfaction that
    22  there would be no need for him or her to complete such  course  work  or
    23  training because of the nature of his or her practice or (ii) that he or
    24  she has completed course work or training deemed by the department to be
    25  equivalent  to  the  course  work or training approved by the department
    26  pursuant to this section. The department shall  consult  with  organiza-
    27  tions  representative of professions, institutions and those with exper-
    28  tise in infection control and HIV, HBV, HCV and sepsis with  respect  to
    29  the regulatory standards promulgated pursuant to this section.
    30    §  14.  Paragraph  a of subdivision 3 of section 6507 of the education
    31  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    32  as follows:
    33    a. Establish standards for preprofessional and professional education,
    34  experience and licensing examinations as required to implement the arti-
    35  cle for each profession. Notwithstanding any other provision of law, the
    36  commissioner shall establish standards requiring that all persons apply-
    37  ing,  on or after January first, nineteen hundred ninety-one, initially,
    38  or for the renewal of, a license, registration or limited permit to be a
    39  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    40  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    41  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    42  licensed  marriage  and family therapist, licensed mental health counse-
    43  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    44  analyst,  [or]  certified  behavior analyst assistant or licensed nutri-
    45  tionist or licensed dietician/nutritionist shall, in addition to all the
    46  other licensure, certification or permit  requirements,  have  completed
    47  two  hours  of  coursework  or training regarding the identification and
    48  reporting of child abuse and maltreatment. The  coursework  or  training
    49  shall  be  obtained  from  an  institution  or  provider  which has been
    50  approved by the department to provide such coursework or  training.  The
    51  coursework  or training shall include information regarding the physical
    52  and behavioral indicators of child abuse and maltreatment and the statu-
    53  tory reporting requirements set out in sections  four  hundred  thirteen
    54  through  four  hundred  twenty of the social services law, including but
    55  not limited to, when and how a report must be made, what  other  actions
    56  the  reporter  is  mandated or authorized to take, the legal protections

        S. 2231--C                         11

     1  afforded reporters, and the consequences for  failing  to  report.  Such
     2  coursework  or training may also include information regarding the phys-
     3  ical and behavioral indicators of the abuse of individuals  with  mental
     4  retardation and other developmental disabilities and voluntary reporting
     5  of  abused  or  neglected adults to the office of mental retardation and
     6  developmental disabilities or the local adult protective services  unit.
     7  Each  applicant  shall provide the department with documentation showing
     8  that he or she has completed the required training. The department shall
     9  provide an exemption from the  child  abuse  and  maltreatment  training
    10  requirements  to  any  applicant  who requests such an exemption and who
    11  shows, to the department's satisfaction, that there  would  be  no  need
    12  because  of the nature of his or her practice for him or her to complete
    13  such training;
    14    § 15. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    15  services  law,  as  amended  by section 2 of part Q of chapter 56 of the
    16  laws of 2017, is amended to read as follows:
    17    (a) The following persons and officials  are  required  to  report  or
    18  cause  a  report to be made in accordance with this title when they have
    19  reasonable cause to suspect that a child coming  before  them  in  their
    20  professional  or  official capacity is an abused or maltreated child, or
    21  when they have reasonable cause to suspect that a child is an abused  or
    22  maltreated  child  where the parent, guardian, custodian or other person
    23  legally responsible for such child comes before them  in  their  profes-
    24  sional  or  official  capacity and states from personal knowledge facts,
    25  conditions or circumstances which, if correct, would render the child an
    26  abused or maltreated child: any physician; registered physician  assist-
    27  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    28  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    29  psychologist; registered nurse; social worker; emergency medical techni-
    30  cian;  licensed  creative  arts  therapist; licensed marriage and family
    31  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    32  licensed   behavior   analyst;  certified  behavior  analyst  assistant;
    33  licensed nutritionist; licensed dietitian/nutritionist; hospital person-
    34  nel engaged in the admission, examination, care or treatment of persons;
    35  a Christian Science practitioner; school official, which includes but is
    36  not  limited  to  school  teacher,  school  guidance  counselor,  school
    37  psychologist,  school  social worker, school nurse, school administrator
    38  or other school personnel required to hold a teaching or  administrative
    39  license  or  certificate;  full or part-time compensated school employee
    40  required to hold a temporary coaching license or  professional  coaching
    41  certificate; social services worker; employee of a publicly-funded emer-
    42  gency shelter for families with children; director of a children's over-
    43  night  camp, summer day camp or traveling summer day camp, as such camps
    44  are defined in section thirteen hundred ninety-two of the public  health
    45  law;  day  care center worker; school-age child care worker; provider of
    46  family or group family day care; employee or volunteer in a  residential
    47  care  facility  for  children that is licensed, certified or operated by
    48  the office of children and family services; or any other child  care  or
    49  foster  care worker; mental health professional; substance abuse counse-
    50  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    51  alcoholism  and substance abuse services; peace officer; police officer;
    52  district attorney or assistant district attorney; investigator  employed
    53  in the office of a district attorney; or other law enforcement official.
    54    §  16.  Subdivision  5-a of section 488 of the social services law, as
    55  amended by chapter 205 of the laws  of  2014,  is  amended  to  read  as
    56  follows:

        S. 2231--C                         12
 
     1    5-a.  "Human  services professional" shall mean any: physician; regis-
     2  tered physician assistant; surgeon; medical examiner; coroner;  dentist;
     3  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
     4  resident; intern; psychologist;  registered  nurse;  licensed  practical
     5  nurse;  nurse practitioner; social worker; emergency medical technician;
     6  licensed creative arts therapist; licensed marriage  and  family  thera-
     7  pist; licensed mental health counselor; licensed psychoanalyst; licensed
     8  behavior   analyst;   certified  behavior  analyst  assistant;  licensed
     9  speech/language pathologist or audiologist; licensed physical therapist;
    10  licensed  occupational  therapist;   licensed   nutritionist;   licensed
    11  dietitian/nutritionist;  hospital  personnel  engaged  in the admission,
    12  examination, care or treatment of persons; Christian Science practition-
    13  er; school official, which includes but is not limited to school  teach-
    14  er,  school guidance counselor, school psychologist, school social work-
    15  er,  school  nurse,  school  administrator  or  other  school  personnel
    16  required  to  hold  a teaching or administrative license or certificate;
    17  full or part-time compensated school employee required to hold a  tempo-
    18  rary  coaching  license  or  professional  coaching  certificate; social
    19  services worker; any other child care  or  foster  care  worker;  mental
    20  health professional; person credentialed by the office of alcoholism and
    21  substance abuse services; peace officer; police officer; district attor-
    22  ney  or assistant district attorney; investigator employed in the office
    23  of a district attorney; or other law enforcement official.
    24    § 17. This act shall take effect one year after it shall have become a
    25  law; provided however, that:
    26    1. effective immediately, the addition, amendment and/or repeal of any
    27  rule or regulation necessary for the implementation of this act  on  its
    28  effective  date  are authorized and directed to be made and completed by
    29  the department of education on or before such effective date; and
    30    2. provided, however, that if chapter 347 of the laws  of  2017  shall
    31  not  have  taken  effect on or before such date then section thirteen of
    32  this act shall take effect on the same date and in the  same  manner  as
    33  such chapter of the laws of 2017, takes effect.
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