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S02231 Summary:

BILL NOS02231A
 
SAME ASNo Same As
 
SPONSORLAVALLE
 
COSPNSRAMEDORE, BROOKS, GALLIVAN, LATIMER
 
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 NOS02231A
 
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
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S02231 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2231--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2017
                                       ___________
 
        Introduced by Sens. LAVALLE, AMEDORE, 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
 
        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
    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 nutrition-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07866-02-7

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

        S. 2231--A                          3
 
     1  data for use in a nutrition assessment is not a nutrition assessment and
     2  does  not  require  a license in dietetics and nutrition as set forth in
     3  this article.
     4    4.  "Nutrition intervention" is a purposefully planned action, includ-
     5  ing, but not limited to, the recommendation  or  ordering  of  food  and
     6  nutrition  supplements  designed  to positively change nutrition related
     7  behavior, risk factor, environmental  condition  or  aspects  of  health
     8  status for individuals, groups, or the community.
     9    § 5. Section 8002 of the education law, as added by chapter 635 of the
    10  laws of 1991, is amended to read as follows:
    11    § 8002. [Use]    Practice  and authorization of titles.  Only a person
    12  [certified] licensed or otherwise authorized under  this  article  shall
    13  [be  authorized  to]  practice  dietetics and nutrition or use the title
    14  ["certified dietitian", "certified dietician", or "certified  nutrition-
    15  ist"]     "licensed     nutritionist"     or     "LN"    or    "licensed
    16  dietitian/nutritionist" or "LDN"; provided,  however,  that  nothing  in
    17  this  article  shall prevent an individual from using any title obtained
    18  from a national credentialing body.
    19    § 6. Section 8003 of the education law, as amended by chapter  282  of
    20  the laws of 1992, is amended to read as follows:
    21    § 8003. State  board  for  dietetics and nutrition.  A state board for
    22  dietetics and nutrition shall be appointed by the board of  regents,  on
    23  recommendation  of  the  commissioner,  for the purpose of assisting the
    24  board of regents and the department on matters of [certification] licen-
    25  sure, practice and  professional  conduct  in  accordance  with  section
    26  sixty-five hundred eight of this [chapter] title.
    27    The  board  shall  consist of not less than [thirteen] eleven members,
    28  [ten] four of whom shall be [certified dietitians  or  certified  nutri-
    29  tionists,  except that the members of the first board need not be certi-
    30  fied  but shall be persons who are eligible for certification under  the
    31  provisions  of  this  article  prior  to their appointment to the board]
    32  licensed dietition/nutritionists and four  of  whom  shall  be  licensed
    33  nutritionists pursuant to this article.  The [first] board, with respect
    34  to  members  representing  the  profession, shall consist of [five] four
    35  members [registered] credentialed by  a  national  dietetic  association
    36  having  [registration] credentialing standards acceptable to the depart-
    37  ment and [five] four members who are [members of or registered]  creden-
    38  tialed  by  a national nutritional association having [membership and/or
    39  registration] credentialing  standards  acceptable  to  the  department;
    40  provided,  however,  that  no  such  credentialed  member  shall be also
    41  credentialed by a national nutrition association, nor a national dietet-
    42  ic association, respectively. [Thereafter,  members  of  the  profession
    43  appointed to such board shall be certified pursuant to this article.  To
    44  the  extent  reasonable,  the  board  of regents should insure the state
    45  board is broadly representative of various professional interests within
    46  the dietetic and nutritional community.    Three  members]  Two  members
    47  shall be representatives of the general public and one member shall be a
    48  physician  licensed  under article one hundred thirty-one of this title.
    49  Such physician member shall not be a member  of  or  credentialed  by  a
    50  national dietetic or national nutrition association. An executive secre-
    51  tary  to  the  board  shall  be appointed by the board of regents on the
    52  recommendation of the commissioner.
    53    § 7. Section 8004 of the education law is REPEALED and a  new  section
    54  8004 is added to read as follows:

        S. 2231--A                          4

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

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

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

        S. 2231--A                          7

     1  thousand seventeen, which amended this section, shall be licensed  as  a
     2  licensed  dietitian/nutritionist without meeting any additional require-
     3  ments.
     4    2.  Any  non-exempt  person  practicing the professions to be licensed
     5  pursuant to this article shall apply for a license within  one  year  of
     6  the effective date of this section.
     7    3.  Any  non-exempt  person  practicing  the profession that meets the
     8  requirements for  a  license,  except  for  experience,  as  a  licensed
     9  dietitian/nutritionist as established in this article, such person shall
    10  be  eligible  for  a license as a dietitian/nutritionist until two years
    11  after the effective date  of  this  section  if  the  applicant  submits
    12  evidence of having nine hundred hours of supervised experience satisfac-
    13  tory to the department.
    14    §  10.  The education law is amended by adding four new sections 8007,
    15  8008, 8009 and 8010 to read as follows:
    16    § 8007. Exemptions.  This article shall not be construed to affect  or
    17  prevent:
    18    1.  A  licensed  physician  from  practicing  his or her profession as
    19  defined under articles one hundred thirty-one and  one  hundred  thirty-
    20  one-B  of  this  title;  a  registered professional nurse or a certified
    21  nurse practitioner practicing his or her  profession  as  defined  under
    22  article  one  hundred thirty-nine of this title; or qualified members of
    23  other professions licensed under this title from performing  work  inci-
    24  dental  to  the  practice of their professions, except that such persons
    25  may not hold themselves out under the title authorized by this article;
    26    2. A student, intern or resident from  engaging  in  the  practice  of
    27  dietetics  or  nutrition while participating in the education or experi-
    28  ence requirements defined in paragraphs (b) and (c) of subdivisions  one
    29  and two of section eight thousand four of this article;
    30    3.  Any person who does not hold himself or herself out to be licensed
    31  pursuant to this article from furnishing to individuals or groups gener-
    32  al non-medical nutrition information guidance, encouragement;  or  indi-
    33  vidualized  non-medical  nutrition  recommendations  on  food or dietary
    34  supplements for the purpose of primary prevention or maintenance of good
    35  health; or engaging in the explanation to customers about food  or  food
    36  products  in  connection  with  the  marketing and distribution of those
    37  products; provided that nothing in this subdivision shall be  deemed  to
    38  authorize  the  provision of medical nutrition therapy.  For purposes of
    39  this subdivision, "general non-medical nutrition information" and "indi-
    40  vidualized non-medical nutrition recommendations" means  information  or
    41  recommendations  on  the following: (a) Principles of good nutrition and
    42  food preparation; (b) Food to be included in the normal daily diet;  (c)
    43  The  essential  nutrients needed by the body; (d) Recommended amounts of
    44  the essential nutrients, based on established standards; (e) The actions
    45  of nutrients on the body; (f) The effects of deficiencies or excesses of
    46  nutrients; or (g) Food and supplements that are good sources  of  essen-
    47  tial nutrients;
    48    4.  A person who does not hold himself or herself out to be a licensed
    49  dietitian/nutritionist or a licensed nutritionist from providing general
    50  non-medical nutrition information and individualized non-medical  recom-
    51  mendations  as  defined in subdivision three of this section if employed
    52  by or operating a health weight loss or fitness program;
    53    5. An individual employed by a WIC program  as  a  "competent  profes-
    54  sional  authority"  as  defined in 7 C.F.R § 246.2 (1895) from providing
    55  nutrition services within such WIC program.  For  the  purpose  of  this

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

        S. 2231--A                          9
 
     1    (a) Prescribing or administering drugs as defined in this chapter as a
     2  treatment,  therapy,  or  professional service in the practice of his or
     3  her profession; and
     4    (b) Using invasive procedures as a treatment, therapy, or professional
     5  service  in  the practice of his or her profession. For purposes of this
     6  subdivision, "invasive procedure" means any  procedure  in  which  human
     7  tissue  is cut, altered, or otherwise infiltrated by mechanical or other
     8  means. Invasive procedure includes surgery, lasers, ionizing  radiation,
     9  therapeutic ultrasound, or electroconvulsive therapy.
    10    §  11.  Subparagraph  (i)  of  paragraph a of subdivision 1 of section
    11  6503-a of the education law, as amended by chapter 554 of  the  laws  of
    12  2013, is amended to read as follows:
    13    (i)  services  provided  under  article  one  hundred  fifty-four, one
    14  hundred fifty-seven, one hundred sixty-three or one hundred  sixty-seven
    15  of this title for which licensure would be required, or
    16    §  12.  Section 6505-b of the education law, as amended by chapter 477
    17  of the laws of 2008, is amended to read as follows:
    18    § 6505-b. Course work or  training  in  infection  control  practices.
    19  Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
    20  optometrist and dental hygienist, licensed  nutritionist,  and  licensed
    21  dietitian/nutritionist  practicing in the state shall, on or before July
    22  first, nineteen hundred ninety-four and  every  four  years  thereafter,
    23  complete course work or training appropriate to the professional's prac-
    24  tice  approved by the department regarding infection control and barrier
    25  precautions,  including  engineering  and  work  practice  controls,  in
    26  accordance  with  regulatory standards promulgated by the department, in
    27  consultation with the department of health, which shall  be  consistent,
    28  as  far as appropriate, with such standards adopted by the department of
    29  health pursuant to section two hundred thirty-nine of the public  health
    30  law  to  prevent  the  transmission  of HIV, HBV or HCV in the course of
    31  professional practice. Each such  professional  shall  document  to  the
    32  department  at the time of registration commencing with the first regis-
    33  tration after July first, nineteen hundred ninety-four that the  profes-
    34  sional  has  completed  course  work or training in accordance with this
    35  section, provided, however that a professional subject to the provisions
    36  of paragraph (f) of subdivision  one  of  section  twenty-eight  hundred
    37  five-k  of  the  public health law shall not be required to so document.
    38  The department shall provide  an  exemption  from  this  requirement  to
    39  anyone  who  requests such an exemption and who (i) clearly demonstrates
    40  to the department's satisfaction that there would be no need for him  or
    41  her  to  complete  such course work or training because of the nature of
    42  his or her practice or (ii) that he or she has completed course work  or
    43  training deemed by the department to be equivalent to the course work or
    44  training  approved  by  the  department  pursuant  to  this section. The
    45  department  shall   consult   with   organizations   representative   of
    46  professions,  institutions and those with expertise in infection control
    47  and HIV, HBV and HCV with respect to the regulatory standards promulgat-
    48  ed pursuant to this section.
    49    § 13. Paragraph a of subdivision 3 of section 6507  of  the  education
    50  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
    51  as follows:
    52    a. Establish standards for preprofessional and professional education,
    53  experience and licensing examinations as required to implement the arti-
    54  cle for each profession. Notwithstanding any other provision of law, the
    55  commissioner shall establish standards requiring that all persons apply-
    56  ing, on or after January first, nineteen hundred ninety-one,  initially,

        S. 2231--A                         10
 
     1  or for the renewal of, a license, registration or limited permit to be a
     2  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
     3  trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
     4  licensed  clinical  social  worker,  licensed  creative  arts therapist,
     5  licensed marriage and family therapist, licensed mental  health  counse-
     6  lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
     7  analyst, [or] certified behavior analyst assistant  or  licensed  nutri-
     8  tionist or licensed dietician/nutritionist shall, in addition to all the
     9  other  licensure,  certification  or permit requirements, have completed
    10  two hours of coursework or training  regarding  the  identification  and
    11  reporting  of  child  abuse and maltreatment. The coursework or training
    12  shall be obtained  from  an  institution  or  provider  which  has  been
    13  approved  by  the department to provide such coursework or training. The
    14  coursework or training shall include information regarding the  physical
    15  and behavioral indicators of child abuse and maltreatment and the statu-
    16  tory  reporting  requirements  set out in sections four hundred thirteen
    17  through four hundred twenty of the social services  law,  including  but
    18  not  limited  to, when and how a report must be made, what other actions
    19  the reporter is mandated or authorized to take,  the  legal  protections
    20  afforded  reporters,  and  the  consequences for failing to report. Such
    21  coursework or training may also include information regarding the  phys-
    22  ical  and  behavioral indicators of the abuse of individuals with mental
    23  retardation and other developmental disabilities and voluntary reporting
    24  of abused or neglected adults to the office of  mental  retardation  and
    25  developmental  disabilities or the local adult protective services unit.
    26  Each applicant shall provide the department with  documentation  showing
    27  that he or she has completed the required training. The department shall
    28  provide  an  exemption  from  the  child abuse and maltreatment training
    29  requirements to any applicant who requests such  an  exemption  and  who
    30  shows,  to  the  department's  satisfaction, that there would be no need
    31  because of the nature of his or her practice for him or her to  complete
    32  such training;
    33    §  14.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
    34  services law, as separately amended by chapters 126 and 205 of the  laws
    35  of 2014, is amended to read as follows:
    36    (a)  The  following  persons  and  officials are required to report or
    37  cause a report to be made in accordance with this title when  they  have
    38  reasonable  cause  to  suspect  that a child coming before them in their
    39  professional or official capacity is an abused or maltreated  child,  or
    40  when  they have reasonable cause to suspect that a child is an abused or
    41  maltreated child where the parent, guardian, custodian or  other  person
    42  legally  responsible  for  such child comes before them in their profes-
    43  sional or official capacity and states from  personal  knowledge  facts,
    44  conditions or circumstances which, if correct, would render the child an
    45  abused  or maltreated child: any physician; registered physician assist-
    46  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    47  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    48  psychologist; registered nurse; social worker; emergency medical techni-
    49  cian; licensed creative arts therapist;  licensed  marriage  and  family
    50  therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
    51  licensed  behavior  analyst;  certified  behavior   analyst   assistant;
    52  licensed nutritionist; licensed dietitian/nutritionist; hospital person-
    53  nel engaged in the admission, examination, care or treatment of persons;
    54  a Christian Science practitioner; school official, which includes but is
    55  not  limited  to  school  teacher,  school  guidance  counselor,  school
    56  psychologist, school social worker, school nurse,  school  administrator

        S. 2231--A                         11
 
     1  or  other school personnel required to hold a teaching or administrative
     2  license or certificate; full or part-time  compensated  school  employee
     3  required  to  hold a temporary coaching license or professional coaching
     4  certificate;  social services worker; director of a children's overnight
     5  camp, summer day camp or traveling summer day camp, as  such  camps  are
     6  defined in section thirteen hundred ninety-two of the public health law;
     7  day care center worker; school-age child care worker; provider of family
     8  or  group  family  day care; employee or volunteer in a residential care
     9  facility for children that is licensed, certified  or  operated  by  the
    10  office  of  children  and  family  services;  or any other child care or
    11  foster care worker; mental health professional; substance abuse  counse-
    12  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    13  alcoholism and substance abuse services; peace officer; police  officer;
    14  district  attorney or assistant district attorney; investigator employed
    15  in the office of a district attorney; or other law enforcement official.
    16    § 15. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    17  services  law,  as  amended  by section 2 of part Q of chapter 56 of the
    18  laws of 2017, is amended to read as follows:
    19    (a) The following persons and officials  are  required  to  report  or
    20  cause  a  report to be made in accordance with this title when they have
    21  reasonable cause to suspect that a child coming  before  them  in  their
    22  professional  or  official capacity is an abused or maltreated child, or
    23  when they have reasonable cause to suspect that a child is an abused  or
    24  maltreated  child  where the parent, guardian, custodian or other person
    25  legally responsible for such child comes before them  in  their  profes-
    26  sional  or  official  capacity and states from personal knowledge facts,
    27  conditions or circumstances which, if correct, would render the child an
    28  abused or maltreated child: any physician; registered physician  assist-
    29  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    30  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    31  psychologist; registered nurse; social worker; emergency medical techni-
    32  cian;  licensed  creative  arts  therapist; licensed marriage and family
    33  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    34  licensed   behavior   analyst;  certified  behavior  analyst  assistant;
    35  licensed nutritionist; licensed dietitian/nutritionist; hospital person-
    36  nel engaged in the admission, examination, care or treatment of persons;
    37  a Christian Science practitioner; school official, which includes but is
    38  not  limited  to  school  teacher,  school  guidance  counselor,  school
    39  psychologist,  school  social worker, school nurse, school administrator
    40  or other school personnel required to hold a teaching or  administrative
    41  license  or  certificate;  full or part-time compensated school employee
    42  required to hold a temporary coaching license or  professional  coaching
    43  certificate; social services worker; employee of a publicly-funded emer-
    44  gency shelter for families with children; director of a children's over-
    45  night  camp, summer day camp or traveling summer day camp, as such camps
    46  are defined in section thirteen hundred ninety-two of the public  health
    47  law;  day  care center worker; school-age child care worker; provider of
    48  family or group family day care; employee or volunteer in a  residential
    49  care  facility  for  children that is licensed, certified or operated by
    50  the office of children and family services; or any other child  care  or
    51  foster  care worker; mental health professional; substance abuse counse-
    52  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    53  alcoholism  and substance abuse services; peace officer; police officer;
    54  district attorney or assistant district attorney; investigator  employed
    55  in the office of a district attorney; or other law enforcement official.

        S. 2231--A                         12
 
     1    §  16.  Subdivision  5-a of section 488 of the social services law, as
     2  amended by chapter 205 of the laws  of  2014,  is  amended  to  read  as
     3  follows:
     4    5-a.  "Human  services professional" shall mean any: physician; regis-
     5  tered physician assistant; surgeon; medical examiner; coroner;  dentist;
     6  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
     7  resident; intern; psychologist;  registered  nurse;  licensed  practical
     8  nurse;  nurse practitioner; social worker; emergency medical technician;
     9  licensed creative arts therapist; licensed marriage  and  family  thera-
    10  pist; licensed mental health counselor; licensed psychoanalyst; licensed
    11  behavior   analyst;   certified  behavior  analyst  assistant;  licensed
    12  speech/language pathologist or audiologist; licensed physical therapist;
    13  licensed  occupational  therapist;   licensed   nutritionist;   licensed
    14  dietitian/nutritionist;  hospital  personnel  engaged  in the admission,
    15  examination, care or treatment of persons; Christian Science practition-
    16  er; school official, which includes but is not limited to school  teach-
    17  er,  school guidance counselor, school psychologist, school social work-
    18  er,  school  nurse,  school  administrator  or  other  school  personnel
    19  required  to  hold  a teaching or administrative license or certificate;
    20  full or part-time compensated school employee required to hold a  tempo-
    21  rary  coaching  license  or  professional  coaching  certificate; social
    22  services worker; any other child care  or  foster  care  worker;  mental
    23  health professional; person credentialed by the office of alcoholism and
    24  substance abuse services; peace officer; police officer; district attor-
    25  ney  or assistant district attorney; investigator employed in the office
    26  of a district attorney; or other law enforcement official.
    27    § 17. This act shall take effect one year after it shall have become a
    28  law; provided however, that effective immediately, the addition,  amend-
    29  ment and/or repeal of any rule or regulation necessary for the implemen-
    30  tation  of this act on its effective date are authorized and directed to
    31  be made and completed by the department of education on or  before  such
    32  effective  date; provided, further, that if section 2 of part Q of chap-
    33  ter 56 of the laws of 2017 shall not have taken effect on or before such
    34  date then section fifteen of this act shall take effect on the same date
    35  and in the same manner as such chapter of the laws of 2017 takes effect.
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