STATE OF NEW YORK
________________________________________________________________________
8968--A
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. HYNDMAN, SCHIAVONI -- read once and referred to
the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law and the social services law, in
relation to the licensure of dietitians and nutritionists; and to
repeal 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. Section 8000 of the education law, as added by chapter 635
2 of the laws of 1991, is amended to read as follows:
3 § 8000. Introduction. This article applies to the [use of the titles
4 "certified dietitian" and "certified nutritionist"] licensing of dieti-
5 tians and nutritionists. A "licensed dietitian" shall mean a person duly
6 licensed under this article as meeting the requirements of subdivision
7 two of section eight thousand four of this article to practice dietetics
8 and nutrition, which includes the practice of medical nutrition therapy.
9 A "licensed nutritionist" shall mean a person duly licensed under this
10 article as meeting the requirements of subdivision one of section eight
11 thousand four of this article to practice nutrition, which includes the
12 practice of medical nutrition therapy. All persons licensed under this
13 article shall exercise professional judgment within the scope of their
14 education, training, and experience, and shall make referrals to other
15 qualified health care providers when necessary to ensure safe and
16 comprehensive patient care. The general provision for all professions
17 contained in article one hundred thirty of this title shall apply to
18 this article.
19 § 2. Section 8001 of the education law, as added by chapter 635 of the
20 laws of 1991, is amended to read as follows:
21 § 8001. [Definitions] Dietetic and nutrition practice. 1. [Dietetics
22 and nutrition are herein each defined as the integration and applica-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01594-03-5
A. 8968--A 2
1 tion of principles derived from the sciences of nutrition, biochemistry,
2 physiology, food management and behavioral and social sciences to
3 achieve and maintain people's health.
4 2. Where the title "certified dietitian" or "certified nutritionist"
5 is used in this article it shall mean "certified dietitian", "certified
6 dietician", or "certified nutritionist".
7 3. A certified dietitian or certified nutritionist is one who engages
8 in the integration and application of principles derived from the
9 sciences of nutrition, biochemistry, physiology, food management and
10 behavioral and social sciences to achieve and maintain people's health,
11 and who is certified as such by the department pursuant to section eight
12 thousand four of this article. The primary function of a certified
13 dietitian or certified nutritionist is the provision of nutrition care
14 services that shall include:
15 (a) Assessing nutrition needs and food patterns;
16 (b) Planning for and directing the provision of food appropriate for
17 physical and nutrition needs; and
18 (c) Providing nutrition counseling.] The practice of dietetics encom-
19 passes the practice of nutrition and includes providing medical nutri-
20 tion therapy and advanced medical nutrition therapy delivered in-person
21 or via telehealth, to prevent, manage, or treat chronic and acute
22 diseases or medical conditions and promote wellness in inpatient and
23 outpatient settings.
24 2. The practice of nutrition involves the provision of nutrition care
25 services in-person or via telehealth, including medical nutrition thera-
26 py, limited to the prevention, management, or treatment of chronic
27 diseases or medical conditions in outpatient settings and treatment of
28 chronic diseases or medical conditions in outpatient settings and the
29 promotion of wellness. The practice of nutrition shall include the
30 ordering of oral therapeutic diets; the ordering of medical laboratory
31 tests related to nutritional therapeutic treatments; and the provision
32 of recommendations on vitamin, mineral, and other dietary supplements.
33 § 3. Section 8002 of the education law, as added by chapter 635 of the
34 laws of 1991, is amended to read as follows:
35 § 8002. Use of titles. [Only a] 1. No person [certified under this
36 article shall be authorized to use the title "certified dietitian",
37 "certified dietician", or "certified nutritionist"] may designate or
38 hold such person out as a dietitian or use or assume the title "dieti-
39 tian", "licensed dietitian", "dietician", or any other title indicating
40 that the person is a licensed dietitian or append to or use in conjunc-
41 tion with that person's name the letters "LD" unless such person is
42 licensed as a dietitian under this article.
43 2. No person may use or assume any title indicating that the person
44 is a licensed nutritionist or append to or use in conjunction with
45 that person's name the letters "LN" unless the person is licensed as a
46 nutritionist under this article.
47 3. No person may designate or hold such person out as a nutritionist
48 or use or assume the title "nutritionist" unless the person is licensed
49 under this article.
50 § 4. The education law is amended by adding a new section 8002-a to
51 read as follows:
52 § 8002-a. Definitions. For the purposes of this article, the following
53 terms shall have the following meanings:
54 1. "Advanced medical nutrition therapy" means services provided by
55 licensed dietitians or qualified providers exempted under this article
56 and includes, but is not limited to, the development and ordering of
A. 8968--A 3
1 therapeutic diets via enteral and parenteral routes; conducting swallow
2 screens; placing nasogastric or nasoenteric feeding tubes; implementing
3 prescription drug dose adjustments under medical staff or prescriber-ap-
4 proved disease treatment protocols; ordering or discontinuing use of
5 vitamin, mineral, and other dietary supplements; and developing and
6 managing food service operations for the management or treatment of
7 diseases or medical conditions.
8 2. "Medical nutrition therapy" means the provision of nutrition
9 assessment, nutrition diagnosis, nutrition intervention, or nutrition
10 monitoring and evaluation for the purpose of management or treatment of
11 a disease or medical condition. Only a person licensed or otherwise
12 exempt under this article shall practice medical nutrition therapy or
13 offer to provide such services.
14 3. "Nutrition care services" means any part or all of the following
15 services provided within a systematic process:
16 (a) assessing and evaluating the nutritional needs of individuals and
17 groups and determining resources and constraints in a practice setting,
18 including ordering of nutrition-related laboratory tests to check and
19 track nutrition status;
20 (b) identifying nutrition problems and establishing priorities, goals,
21 and objectives that meet nutritional needs and are consistent with
22 available resources and constraints;
23 (c) creating individualized dietary plans and issuing and implementing
24 orders to meet nutritional needs of healthy individuals and individuals
25 in acute and chronic disease states, including ordering therapeutic
26 diets, and monitoring the effectiveness thereof;
27 (d) determining and providing appropriate nutrition interventions in
28 health and disease, including nutrition counseling on food and
29 prescription drug interactions;
30 (e) developing, implementing, and managing nutrition care systems; and
31 (f) evaluating, making changes in, and maintaining appropriate stand-
32 ards of quality in food and nutrition service.
33 4. "Nutrition diagnosis" in the context of the practice of dietetics
34 or the practice of nutrition means identifying and labeling nutrition
35 problems managed and treated by a licensed dietitian or licensed nutri-
36 tionist. Such diagnostic privilege is distinct from a medical diagno-
37 sis.
38 5. "Therapeutic diet" means a diet intervention prescribed by a physi-
39 cian or other authorized provider, including a licensed dietitian or,
40 for oral diets only, a licensed nutritionist. A therapeutic diet
41 provides food, fluids, or nutrients by oral, enteral, or parenteral
42 routes and is used in the treatment of a disease or clinical condition
43 to modify, eliminate, decrease, or increase specific macro- or micronu-
44 trients, or to provide mechanically altered food when medically indi-
45 cated.
46 § 5. Section 8003 of the education law, as amended by chapter 282 of
47 the laws of 1992, is amended to read as follows:
48 § 8003. State board for dietetics and nutrition. A state board for
49 dietetics and nutrition shall be appointed by the board of regents, on
50 recommendation of the commissioner, for the purpose of assisting the
51 board of regents and the department on matters of [certification] licen-
52 sure, practice, and professional conduct in accordance with section
53 sixty-five hundred eight of this [chapter] title.
54 [The] All members serving terms on the state board for dietetics and
55 nutrition on the effective date of the chapter of the laws of two thou-
56 sand twenty-five which amended this section shall continue to serve out
A. 8968--A 4
1 their respective terms of office until their respective successors are
2 appointed and qualified. Thereafter, the board shall consist of [not
3 less than thirteen] eleven members, [ten] six of whom shall be [certi-
4 fied dietitians or certified nutritionists, except that the members of
5 the first board need not be certified but shall be persons who are
6 eligible for certification under the provisions of this article prior to
7 their appointment to the board. The first board, with respect to
8 members representing the profession, shall consist of five members
9 registered by a national dietetic association having registration stand-
10 ards acceptable to the department and five members who are members of or
11 registered by a national nutritional association having membership
12 and/or registration standards acceptable to the department. Thereafter,
13 members of the profession appointed to such board shall be certified
14 pursuant to this article] licensed dietitians and two of whom shall be
15 licensed nutritionists pursuant to this article. To the extent reason-
16 able, the board of regents should insure the state board is broadly
17 representative of various professional interests within the dietetic and
18 nutritional community. [Three] Two members shall be representatives of
19 the general public and one member shall be a physician licensed under
20 article one hundred thirty-one of this title. Such physician member
21 shall not be a member of or credentialed by a national dietetic or
22 national nutrition association. An executive secretary to the board
23 shall be appointed by the board of regents on the recommendation of the
24 commissioner.
25 § 6. Section 8004 of the education law is REPEALED and a new section
26 8004 is added to read as follows:
27 § 8004. Requirements for professional license. 1. Each applicant for
28 a license as a licensed nutritionist shall: be at least twenty-one
29 years of age; be of good moral character, acceptable to the department;
30 submit a completed application upon a form and in such manner as the
31 board prescribes demonstrating the applicant is capable and profes-
32 sionally competent, as determined by the board, to safely engage in the
33 practice of nutrition; submit any fees as required by the board, and
34 submit proof of all of the following:
35 (a) Education: Have received a master's or doctoral degree in nutri-
36 tion or a nutrition-related science leading to competence in nutrition,
37 including medical nutrition therapy, in accordance with the commission-
38 er's regulations;
39 (b) Experience: Have completed a planned, continuous, supervised prac-
40 tice experience satisfactory to the board and in accordance with the
41 commissioner's regulations, provided that such experience shall require
42 demonstration of competence in nutrition, including medical nutrition
43 therapy and involve at least one thousand hours under direct supervision
44 in the following practice areas, with a minimum of two hundred hours in
45 each practice area: conducting nutrition assessment; nutrition inter-
46 vention; and nutrition monitoring and evaluation. The experience shall
47 be determined by the board to have prepared the applicant to provide
48 nutrition care services for various populations of diverse cultures,
49 genders, and across the life cycle, and to be able to competently formu-
50 late actionable medical nutrition therapies and interventions, educa-
51 tion, counseling, and ongoing care for the prevention, modulation, and
52 management of a range of chronic medical conditions within the scope of
53 nutrition; and
54 (c) Examination: Passage of a nutrition examination satisfactory to
55 the board and in accordance with the commissioner's regulations.
A. 8968--A 5
1 2. (a) Each applicant for a license as a licensed dietitian shall: be
2 at least twenty-one years of age; be of good moral character, acceptable
3 to the department; submit a completed application upon a form and in
4 such manner as the board prescribes demonstrating the applicant is capa-
5 ble and professionally competent, as determined by the board, to safely
6 engage in the practice of dietetics and nutrition; submit any fees as
7 required by the board; and submit proof of all of the following:
8 (i) Education: Have received a master's or doctoral degree and satis-
9 factorily completed a program of study accredited by a national dietet-
10 ics accrediting body and approved by the department in accordance with
11 the commissioner's regulations;
12 (ii) Experience: Have received a master's or doctoral degree or an
13 equivalent as determined by the department and satisfactorily completed
14 a program of study accredited by a national dietetics accreditation body
15 and approved by the department in accordance with the commissioner's
16 regulations, provided that such experience shall require demonstration
17 of competence in dietetics and nutrition, including medical nutrition
18 therapy, and consist of not less than one thousand hours under direct
19 supervision. The experience shall be determined by the board to have
20 prepared the applicant to provide nutrition care services for various
21 populations of diverse cultures, genders, and across the life cycle, and
22 to be able to competently formulate actionable medical nutrition thera-
23 pies and interventions, education, counseling, and ongoing care for the
24 prevention, modulation, and management of a range of acute and chronic
25 medical conditions within the scope of dietetics and nutrition; and
26 (iii) Examination: Passage of a dietitian examination satisfactory to
27 the board and in accordance with the commissioner's regulations.
28 (b) An application for a dietitian license submitted by individuals,
29 who prior to January first, two thousand twenty-five held registration
30 as a dietitian by a national dietetic commission that has registration
31 standards acceptable to the department, and currently holds such regis-
32 tration, is governed by the provisions of law in effect immediately
33 before the effective date of this section, and the former law is contin-
34 ued in effect for that purpose.
35 3. All applicants for licensure as a licensed nutritionist or licensed
36 dietitian shall pay a fee for an initial license, and a fee for each
37 triennial registration period.
38 § 7. Section 8005 of the education law is REPEALED.
39 § 8. Section 8006 of the education law is REPEALED and a new section
40 8006 is added to read as follows:
41 § 8006. Special conditions. 1. Any person who is licensed as a certi-
42 fied dietitian or a certified nutritionist on the effective date of the
43 chapter of the laws of two thousand twenty-five which added this
44 section, shall be licensed as a licensed dietitian without meeting any
45 additional requirements so long as they hold registration as a dietitian
46 by a national dietetic commission that has registration standards
47 acceptable to the department or have completed:
48 (a) a bachelor's or higher degree from a programmatically accredited
49 didactic program approved by the department in accordance with the
50 commissioner's regulations;
51 (b) a supervised practice experience acceptable to the board and in
52 accordance with the commissioner's regulations, provided that such expe-
53 rience consisted of satisfactory completion of a nationally accredited
54 dietetic and nutrition experience approved by the department of not less
55 than nine hundred hours; and
A. 8968--A 6
1 (c) passage of a dietitian examination satisfactory to the board and
2 in accordance with the commissioner's regulations.
3 2. Any person who is licensed as a certified dietitian or a certified
4 nutritionist and does not meet the requirements provided under subdivi-
5 sion one of this section on the effective date of the chapter of the
6 laws of two thousand twenty-five which added this section, shall be
7 licensed as a licensed nutritionist without meeting any additional
8 requirements.
9 § 9. The education law is amended by adding two new sections 8007 and
10 8008 to read as follows:
11 § 8007. Exemptions. This article shall not be construed to affect or
12 prevent:
13 1. A licensed physician from practicing such physician's profession as
14 defined under articles one hundred thirty-one and one hundred thirty-
15 one-B of this title; a registered professional nurse or a certified
16 nurse practitioner practicing such nurse or nurse practitioner's profes-
17 sion as defined under article one hundred thirty-nine of this title; a
18 licensed physician assistant from such physician assistant's profession
19 as defined under article one hundred thirty-one-B of this title; or
20 qualified members of other professions licensed under this title from
21 performing work incidental to the practice of their professions, except
22 that such persons may not hold themselves out under the title authorized
23 by this article;
24 2. A student, intern or resident from engaging in the practice of
25 dietetics or nutrition while participating in the education or experi-
26 ence requirements under section eight thousand four of this article, so
27 long as:
28 (a) The student or trainee who is completing their supervised practice
29 experience required under section eight thousand four of this article
30 practices under this subdivision not more than five years after complet-
31 ing education requirements under section eight thousand four of this
32 article;
33 (b) The student or trainee practices under this subdivision only while
34 supervised by a qualified supervisor as approved by the department in
35 accordance with the commissioner's regulations;
36 (c) The student or trainee does not engage in the unrestricted prac-
37 tice of medical nutrition therapy; and
38 (d) While practicing under this subdivision, the student or trainee
39 uses a title that clearly indicates such student trainee's status as a
40 student, intern, trainee, or supervisee;
41 3. A dietitian or nutritionist who is serving in the armed forces of
42 the United States or any other federal agency from engaging in the prac-
43 tice of dietetics or nutrition, or using government issued titles,
44 provided that such practice or title use is related to service or
45 employment;
46 4. A person who provides individualized nutrition recommendations for
47 the wellness and primary prevention of chronic disease, health coaching,
48 holistic and wellness education, guidance, motivation, behavior change
49 management, services for non-medical weight control, or other nutrition
50 care services so long as all of the following apply:
51 (a) The services do not constitute medical nutrition therapy;
52 (b) The person does not represent such person using titles authorized
53 under this article; and
54 (c) The person does not hold such person out as licensed or qualified
55 to engage in the practice of medical nutrition therapy;
A. 8968--A 7
1 5. A person who disseminates non-individualized, written, general
2 nutrition information in connection with the marketing and distribution
3 of dietary supplements, food, herbs, or food materials, including expla-
4 nations of their federally regulated label claims, any known drug-nu-
5 trient interactions, their role in various diets, or suggestions as how
6 to best use and combine them so long as such information does not
7 constitute medical nutrition therapy and the person does not use titles
8 authorized under this article or hold such person out as qualified to
9 engage in the practice of medical nutrition therapy;
10 6. A person who provides medical weight control for persons with
11 obesity as part of any of the following:
12 (a) An instructional program that has been approved in writing by one
13 of the following:
14 (i) a dietitian or nutritionist licensed in this state; or
15 (ii) a health care practitioner licensed or certified in this state
16 whose scope of practice includes medical nutrition therapy; or
17 (b) A plan of care that is overseen by a health professional licensed
18 in this state whose scope of practice otherwise authorizes the health
19 professional to provide and delegate medical nutrition therapy, so long
20 as the medical weight control services are not discretionary and do not
21 require the exercise of professional judgment;
22 7. An individual employed by a WIC program as a "competent profes-
23 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing
24 nutrition services within such WIC program. For the purpose of this
25 subdivision the term "WIC program" shall mean a program authorized by 42
26 U.S.C. § 1786;
27 8. A person who does not utilize titles authorized under this article
28 and assists the provision of medical nutrition therapy if the person
29 performs only support activities that are not discretionary and that do
30 not require the exercise of professional judgment for their performance,
31 and the person is directly supervised by a nutritionist or dietitian
32 licensed under this title; and
33 9. A person from practicing dietetics or nutrition to the extent
34 permissible within the scope of practice of such professions, by any
35 not-for-profit corporation or education corporation providing services
36 within the state of New York and operating under a waiver pursuant to
37 section sixty-five hundred three-a of this title, provided that such
38 entities offering dietetics or nutrition services shall only provide
39 such services through an individual appropriately licensed or otherwise
40 authorized to provide such services or a professional entity authorized
41 by law to provide such services.
42 § 8008. Limited permit. 1. The department may issue a limited permit
43 to practice as a provisionally licensed nutritionist or provisionally
44 licensed dietitian to an applicant for licensure who has met the educa-
45 tion and experience requirements for a licensed nutritionist or licensed
46 dietitian provided under section eight thousand four of this article.
47 2. The duration of a limited permit shall not exceed one year from the
48 time of its first issue and the department may for good cause renew a
49 limited permit for an additional one year provided that no individual
50 shall practice under any limited permit for more than a total of two
51 years.
52 3. All practice under a limited permit shall be under the supervision
53 of a dietitian licensed pursuant to this article.
54 4. All practice under a limited nutritionist permit shall be under the
55 supervision of a nutritionist or dietitian licensed pursuant to this
56 article.
A. 8968--A 8
1 5. The fee for a limited permit or the renewal thereof shall be seven-
2 ty-five dollars.
3 § 10. Subparagraph (i) of paragraph a of subdivision 1 of section
4 6503-a of the education law, as amended by chapter 554 of the laws of
5 2013, is amended to read as follows:
6 (i) services provided under article one hundred fifty-four, one
7 hundred fifty-seven, one hundred sixty-three or one hundred sixty-seven
8 of this title for which licensure would be required, or
9 § 11. Section 6505-b of the education law, as amended by chapter 10 of
10 the laws of 2018, is amended to read as follows:
11 § 6505-b. Course work or training in infection control practices.
12 Every dentist, registered nurse, licensed practical nurse, podiatrist,
13 optometrist [and], dental hygienist, licensed nutritionist, and licensed
14 dietitian practicing in the state shall, on or before July first, nine-
15 teen hundred ninety-four and every four years thereafter, complete
16 course work or training appropriate to the professional's practice
17 approved by the department regarding infection control, which shall
18 include sepsis, and barrier precautions, including engineering and work
19 practice controls, in accordance with regulatory standards promulgated
20 by the department, in consultation with the department of health, which
21 shall be consistent, as far as appropriate, with such standards adopted
22 by the department of health pursuant to section two hundred thirty-nine
23 of the public health law to prevent the transmission of HIV, HBV, HCV
24 and infections that could lead to sepsis in the course of professional
25 practice. Each such professional shall document to the department at the
26 time of registration commencing with the first registration after July
27 first, nineteen hundred ninety-four that the professional has completed
28 course work or training in accordance with this section, provided,
29 however that a professional subject to the provisions of paragraph (f)
30 of subdivision one of section twenty-eight hundred five-k of the public
31 health law shall not be required to so document. The department shall
32 provide an exemption from this requirement to anyone who requests such
33 an exemption and who (i) clearly demonstrates to the department's satis-
34 faction that there would be no need for [him or her] such dentist,
35 registered nurse, licensed practical nurse, podiatrist, optometrist,
36 dental hygienist, licensed nutritionist, and licensed dietitian to
37 complete such course work or training because of the nature of [his or
38 her] such dentist, registered nurse, licensed practical nurse, podia-
39 trist, optometrist, dental hygienist, licensed nutritionist, and
40 licensed dietitian practice or (ii) that [he or she] such dentist,
41 registered nurse, licensed practical nurse, podiatrist, optometrist,
42 dental hygienist, licensed nutritionist, and licensed dietitian has
43 completed course work or training deemed by the department to be equiv-
44 alent to the course work or training approved by the department pursuant
45 to this section. The department shall consult with organizations repre-
46 sentative of professions, institutions and those with expertise in
47 infection control and HIV, HBV, HCV and infections that could lead to
48 sepsis with respect to the regulatory standards promulgated pursuant to
49 this section.
50 § 11-a. Section 6505-b of the education law, as amended by chapter 733
51 of the laws of 2023, is amended to read as follows:
52 § 6505-b. Course work or training in infection control practices.
53 Every dentist, registered nurse, licensed practical nurse, podiatrist,
54 optometrist, athletic trainer, [and] dental hygienist, and licensed
55 nutritionist, and licensed dietitian practicing in the state shall, on
56 or before July first, nineteen hundred ninety-four and every four years
A. 8968--A 9
1 thereafter, complete course work or training appropriate to the profes-
2 sional's practice approved by the department regarding infection
3 control, which shall include sepsis, and barrier precautions, including
4 engineering and work practice controls, in accordance with regulatory
5 standards promulgated by the department, in consultation with the
6 department of health, which shall be consistent, as far as appropriate,
7 with such standards adopted by the department of health pursuant to
8 section two hundred thirty-nine of the public health law to prevent the
9 transmission of HIV, HBV, HCV and infections that could lead to sepsis
10 in the course of professional practice. Each such professional shall
11 document to the department at the time of registration commencing with
12 the first registration after July first, nineteen hundred ninety-four
13 that the professional has completed course work or training in accord-
14 ance with this section, provided, however that a professional subject to
15 the provisions of paragraph (f) of subdivision one of section twenty-
16 eight hundred five-k of the public health law shall not be required to
17 so document. The department shall provide an exemption from this
18 requirement to anyone who requests such an exemption and who (i) clearly
19 demonstrates to the department's satisfaction that there would be no
20 need for [him or her] such dentist, registered nurse, licensed practical
21 nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist,
22 and licensed dietitian to complete such course work or training because
23 of the nature of [his or her] such dentist, registered nurse, licensed
24 practical nurse, podiatrist, optometrist, dental hygienist, licensed
25 nutritionist, and licensed dietitian practice or (ii) that [he or she]
26 such dentist, registered nurse, licensed practical nurse, podiatrist,
27 optometrist, dental hygienist, licensed nutritionist, and licensed
28 dietitian has completed course work or training deemed by the department
29 to be equivalent to the course work or training approved by the depart-
30 ment pursuant to this section. The department shall consult with organ-
31 izations representative of professions, institutions and those with
32 expertise in infection control and HIV, HBV, HCV and infections that
33 could lead to sepsis with respect to the regulatory standards promulgat-
34 ed pursuant to this section.
35 § 12. Paragraph a of subdivision 3 of section 6507 of the education
36 law, as amended by chapter 479 of the laws of 2022, is amended to read
37 as follows:
38 a. Establish standards for preprofessional and professional education,
39 experience and licensing examinations as required to implement the arti-
40 cle for each profession. Notwithstanding any other provision of law, the
41 commissioner shall establish standards requiring that all persons apply-
42 ing, on or after January first, nineteen hundred ninety-one, initially,
43 or for the renewal of, a license, registration or limited permit to be a
44 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
45 trist, psychiatrist, psychologist, licensed master social worker,
46 licensed clinical social worker, licensed creative arts therapist,
47 licensed marriage and family therapist, licensed mental health counse-
48 lor, licensed psychoanalyst, dental hygienist, licensed behavior
49 analyst, [or] certified behavior analyst assistant, licensed nutrition-
50 ist or licensed dietitian shall, in addition to all the other licensure,
51 certification or permit requirements, have completed two hours of
52 coursework or training regarding the identification and reporting of
53 child abuse and maltreatment. The coursework or training shall be
54 obtained from an institution or provider which has been approved by the
55 department to provide such coursework or training. The coursework or
56 training shall include information regarding the physical and behavioral
A. 8968--A 10
1 indicators of child abuse and maltreatment and the statutory reporting
2 requirements set out in sections four hundred thirteen through four
3 hundred twenty of the social services law, including but not limited to,
4 when and how a report must be made, what other actions the reporter is
5 mandated or authorized to take, the legal protections afforded repor-
6 ters, and the consequences for failing to report. Such coursework or
7 training may also include information regarding the physical and behav-
8 ioral indicators of the abuse of individuals with developmental disabil-
9 ities and voluntary reporting of abused or neglected adults to the
10 office for people with developmental disabilities or the local adult
11 protective services unit. Each applicant shall provide the department
12 with documentation showing that [he or she] such applicant has completed
13 the required training. The department shall provide an exemption from
14 the child abuse and maltreatment training requirements to any applicant
15 who requests such an exemption and who shows, to the department's satis-
16 faction, that there would be no need because of the nature of [his or
17 her] such applicant's practice for [him or her] such applicant to
18 complete such training;
19 § 12-a. Paragraph a of subdivision 3 of section 6507 of the education
20 law, as amended by chapter 733 of the laws of 2023, is amended to read
21 as follows:
22 a. Establish standards for preprofessional and professional education,
23 experience and licensing examinations as required to implement the arti-
24 cle for each profession. Notwithstanding any other provision of law, the
25 commissioner shall establish standards requiring that all persons apply-
26 ing, on or after January first, nineteen hundred ninety-one, initially,
27 or for the renewal of, a license, registration or limited permit to be a
28 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
29 trist, psychiatrist, psychologist, licensed master social worker,
30 licensed clinical social worker, licensed creative arts therapist,
31 licensed marriage and family therapist, licensed mental health counse-
32 lor, licensed psychoanalyst, dental hygienist, licensed behavior
33 analyst, certified behavior analyst assistant, licensed nutritionist,
34 licensed dietitian, or athletic trainer shall, in addition to all the
35 other licensure, certification or permit requirements, have completed
36 two hours of coursework or training regarding the identification and
37 reporting of child abuse and maltreatment. The coursework or training
38 shall be obtained from an institution or provider which has been
39 approved by the department to provide such coursework or training. The
40 coursework or training shall include information regarding the physical
41 and behavioral indicators of child abuse and maltreatment and the statu-
42 tory reporting requirements set out in sections four hundred thirteen
43 through four hundred twenty of the social services law, including but
44 not limited to, when and how a report must be made, what other actions
45 the reporter is mandated or authorized to take, the legal protections
46 afforded reporters, and the consequences for failing to report. Such
47 coursework or training may also include information regarding the phys-
48 ical and behavioral indicators of the abuse of individuals with develop-
49 mental disabilities and voluntary reporting of abused or neglected
50 adults to the office for people with developmental disabilities or the
51 local adult protective services unit. Each applicant shall provide the
52 department with documentation showing that [he or she] such applicant
53 has completed the required training. The department shall provide an
54 exemption from the child abuse and maltreatment training requirements to
55 any applicant who requests such an exemption and who shows, to the
56 department's satisfaction, that there would be no need because of the
A. 8968--A 11
1 nature of [his or her] such applicant's practice for [him or her] such
2 applicant to complete such training;
3 § 13. Paragraph (a) of subdivision 1 of section 413 of the social
4 services law, as amended by section 7 of part C of chapter 57 of the
5 laws of 2018, is amended to read as follows:
6 (a) The following persons and officials are required to report or
7 cause a report to be made in accordance with this title when they have
8 reasonable cause to suspect that a child coming before them in their
9 professional or official capacity is an abused or maltreated child, or
10 when they have reasonable cause to suspect that a child is an abused or
11 maltreated child where the parent, guardian, custodian or other person
12 legally responsible for such child comes before them in their profes-
13 sional or official capacity and states from personal knowledge facts,
14 conditions or circumstances which, if correct, would render the child an
15 abused or maltreated child: any physician; registered physician assist-
16 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
17 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
18 psychologist; registered nurse; social worker; emergency medical techni-
19 cian; licensed creative arts therapist; licensed marriage and family
20 therapist; licensed mental health counselor; licensed psychoanalyst;
21 licensed behavior analyst; certified behavior analyst assistant;
22 licensed nutritionist; licensed dietitian; hospital personnel engaged in
23 the admission, examination, care or treatment of persons; a Christian
24 Science practitioner; school official, which includes but is not limited
25 to school teacher, school guidance counselor, school psychologist,
26 school social worker, school nurse, school administrator or other school
27 personnel required to hold a teaching or administrative license or
28 certificate; full or part-time compensated school employee required to
29 hold a temporary coaching license or professional coaching certificate;
30 social services worker; employee of a publicly-funded emergency shelter
31 for families with children; director of a children's overnight camp,
32 summer day camp or traveling summer day camp, as such camps are defined
33 in section thirteen hundred ninety-two of the public health law; day
34 care center worker; school-age child care worker; provider of family or
35 group family day care; employee or volunteer in a residential care
36 facility for children that is licensed, certified or operated by the
37 office of children and family services; or any other child care or
38 foster care worker; mental health professional; substance abuse counse-
39 lor; alcoholism counselor; all persons credentialed by the office of
40 [alcoholism] addiction services and [substance abuse services] supports;
41 employees, who are expected to have regular and substantial contact with
42 children, of a health home or health home care management agency
43 contracting with a health home as designated by the department of health
44 and authorized under section three hundred sixty-five-l of this chapter
45 or such employees who provide home and community based services under a
46 demonstration program pursuant to section eleven hundred fifteen of the
47 federal social security act who are expected to have regular and
48 substantial contact with children; peace officer; police officer;
49 district attorney or assistant district attorney; investigator employed
50 in the office of a district attorney; or other law enforcement official.
51 § 13-a. Paragraph (a) of subdivision 1 of section 413 of the social
52 services law, as amended by chapter 733 of the laws of 2023, is amended
53 to read as follows:
54 (a) The following persons and officials are required to report or
55 cause a report to be made in accordance with this title when they have
56 reasonable cause to suspect that a child coming before them in their
A. 8968--A 12
1 professional or official capacity is an abused or maltreated child, or
2 when they have reasonable cause to suspect that a child is an abused or
3 maltreated child where the parent, guardian, custodian or other person
4 legally responsible for such child comes before them in their profes-
5 sional or official capacity and states from personal knowledge facts,
6 conditions or circumstances which, if correct, would render the child an
7 abused or maltreated child: any physician; registered physician assist-
8 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
9 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
10 athletic trainer; psychologist; registered nurse; social worker; emer-
11 gency medical technician; licensed creative arts therapist; licensed
12 marriage and family therapist; licensed mental health counselor;
13 licensed psychoanalyst; licensed behavior analyst; certified behavior
14 analyst assistant; licensed nutritionist; licensed dietitian; hospital
15 personnel engaged in the admission, examination, care or treatment of
16 persons; a Christian Science practitioner; school official, which
17 includes but is not limited to school teacher, school guidance counse-
18 lor, school psychologist, school social worker, school nurse, school
19 administrator or other school personnel required to hold a teaching or
20 administrative license or certificate; full or part-time compensated
21 school employee required to hold a temporary coaching license or profes-
22 sional coaching certificate; social services worker; employee of a publ-
23 icly-funded emergency shelter for families with children; director of a
24 children's overnight camp, summer day camp or traveling summer day camp,
25 as such camps are defined in section thirteen hundred ninety-two of the
26 public health law; day care center worker; school-age child care worker;
27 provider of family or group family day care; employee or volunteer in a
28 residential care facility for children that is licensed, certified or
29 operated by the office of children and family services; or any other
30 child care or foster care worker; mental health professional; substance
31 abuse counselor; alcoholism counselor; all persons credentialed by the
32 office of [alcoholism and substance abuse services] addiction services
33 and supports; employees, who are expected to have regular and substan-
34 tial contact with children, of a health home or health home care manage-
35 ment agency contracting with a health home as designated by the depart-
36 ment of health and authorized under section three hundred sixty-five-l
37 of this chapter or such employees who provide home and community based
38 services under a demonstration program pursuant to section eleven
39 hundred fifteen of the federal social security act who are expected to
40 have regular and substantial contact with children; peace officer;
41 police officer; district attorney or assistant district attorney; inves-
42 tigator employed in the office of a district attorney; or other law
43 enforcement official.
44 § 14. Subdivision 5-a of section 488 of the social services law, as
45 amended by chapter 205 of the laws of 2014, is amended to read as
46 follows:
47 5-a. "Human services professional" shall mean any: physician; regis-
48 tered physician assistant; surgeon; medical examiner; coroner; dentist;
49 dental hygienist; osteopath; optometrist; chiropractor; podiatrist;
50 resident; intern; psychologist; registered nurse; licensed practical
51 nurse; nurse practitioner; social worker; emergency medical technician;
52 licensed creative arts therapist; licensed marriage and family thera-
53 pist; licensed mental health counselor; licensed psychoanalyst; licensed
54 behavior analyst; certified behavior analyst assistant; licensed
55 speech/language pathologist or audiologist; licensed physical therapist;
56 licensed occupational therapist; licensed nutritionist; licensed dieti-
A. 8968--A 13
1 tian; hospital personnel engaged in the admission, examination, care or
2 treatment of persons; Christian Science practitioner; school official,
3 which includes but is not limited to school teacher, school guidance
4 counselor, school psychologist, school social worker, school nurse,
5 school administrator or other school personnel required to hold a teach-
6 ing or administrative license or certificate; full or part-time compen-
7 sated school employee required to hold a temporary coaching license or
8 professional coaching certificate; social services worker; any other
9 child care or foster care worker; mental health professional; person
10 credentialed by the office of [alcoholism] addiction services and
11 [substance abuse services] supports; peace officer; police officer;
12 district attorney or assistant district attorney; investigator employed
13 in the office of a district attorney; or other law enforcement official.
14 § 15. This act shall take effect eighteen months after it shall have
15 become a law; provided, however, that the provisions of sections
16 eleven-a, twelve-a and thirteen-a of this act shall take effect on the
17 same date and in the same manner as chapter 733 of the laws of 2023
18 takes effect. Effective immediately, the addition, amendment and/or
19 repeal of any rule or regulation necessary for the implementation of
20 this act on its effective date are authorized to be made and completed
21 on or before such effective date.
