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S00607 Summary:

BILL NOS00607B
 
SAME ASNo Same As
 
SPONSORSTAVISKY
 
COSPNSR
 
MLTSPNSR
 
Rpld §§8004, 8005 & 8006, 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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S00607 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         607--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third  reading  -- recommitted to the Committee on Higher Education in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01594-04-6

        S. 607--B                           2
 
     1  comprehensive patient care. The general provision  for  all  professions
     2  contained  in  article  one  hundred thirty of this title shall apply to
     3  this article.
     4    § 2. Section 8001 of the education law, as added by chapter 635 of the
     5  laws of 1991, is amended to read as follows:
     6    § 8001. [Definitions]  Dietetic and nutrition practice.  1. [Dietetics
     7  and nutrition are herein each defined as  the integration  and  applica-
     8  tion of principles derived from the sciences of nutrition, biochemistry,
     9  physiology,  food  management  and  behavioral  and  social  sciences to
    10  achieve and maintain people's health.
    11    2. Where the title "certified dietitian" or  "certified  nutritionist"
    12  is  used in this article it shall mean "certified dietitian", "certified
    13  dietician", or "certified nutritionist".
    14    3. A certified dietitian or certified nutritionist is one who  engages
    15  in  the  integration  and  application  of  principles  derived from the
    16  sciences of nutrition, biochemistry,  physiology,  food  management  and
    17  behavioral  and social sciences to achieve and maintain people's health,
    18  and who is certified as such by the department pursuant to section eight
    19  thousand four of this article.   The primary  function  of  a  certified
    20  dietitian  or  certified nutritionist is the provision of nutrition care
    21  services that shall include:
    22    (a) Assessing nutrition needs and food patterns;
    23    (b) Planning for and directing the provision of food  appropriate  for
    24  physical and nutrition needs; and
    25    (c)  Providing nutrition counseling.] The practice of dietetics encom-
    26  passes the practice of nutrition and includes providing  medical  nutri-
    27  tion  therapy and advanced medical nutrition therapy delivered in-person
    28  or via telehealth, to  prevent,  manage,  or  treat  chronic  and  acute
    29  diseases  or  medical  conditions  and promote wellness in inpatient and
    30  outpatient settings.
    31    2. The practice of nutrition involves the provision of nutrition  care
    32  services in-person or via telehealth, including medical nutrition thera-
    33  py,  limited  to  the  prevention,  management,  or treatment of chronic
    34  diseases or medical conditions in outpatient settings and  treatment  of
    35  chronic  diseases  or  medical conditions in outpatient settings and the
    36  promotion of wellness. The  practice  of  nutrition  shall  include  the
    37  ordering  of  oral therapeutic diets; the ordering of medical laboratory
    38  tests related to nutritional therapeutic treatments; and  the  provision
    39  of recommendations on vitamin, mineral, and other dietary supplements.
    40    § 3. Section 8002 of the education law, as added by chapter 635 of the
    41  laws of 1991, is amended to read as follows:
    42    § 8002. Use  of  titles.  [Only  a] 1. No person [certified under this
    43  article shall be authorized to  use  the  title  "certified  dietitian",
    44  "certified  dietician",  or  "certified  nutritionist"] may designate or
    45  hold such person out as a dietitian or use or assume the  title  "dieti-
    46  tian",  "licensed dietitian", "dietician", or any other title indicating
    47  that the person is a licensed dietitian or append to or use in  conjunc-
    48  tion  with  that  person's  name  the letters "LD" unless such person is
    49  licensed as a dietitian under this article.
    50    2. No  person  may  use or assume any title indicating that the person
    51  is a licensed nutritionist or append to  or  use  in  conjunction   with
    52  that  person's  name the letters "LN" unless the person is licensed as a
    53  nutritionist under this article.
    54    3. No person may designate or hold such person out as  a  nutritionist
    55  or  use or assume the title "nutritionist" unless the person is licensed
    56  under this article.

        S. 607--B                           3
 
     1    § 4. The education law is amended by adding a new  section  8002-a  to
     2  read as follows:
     3    § 8002-a. Definitions. For the purposes of this article, the following
     4  terms shall have the following meanings:
     5    1.  "Advanced  medical  nutrition  therapy" means services provided by
     6  licensed dietitians or qualified providers exempted under  this  article
     7  and  includes,  but  is  not limited to, the development and ordering of
     8  therapeutic diets via enteral and parenteral routes; conducting  swallow
     9  screens;  placing nasogastric or nasoenteric feeding tubes; implementing
    10  prescription drug dose adjustments under medical staff or prescriber-ap-
    11  proved disease treatment protocols; ordering  or  discontinuing  use  of
    12  vitamin,  mineral,  and  other  dietary  supplements; and developing and
    13  managing food service operations for  the  management  or  treatment  of
    14  diseases or medical conditions.
    15    2.  "Medical  nutrition  therapy"  means  the  provision  of nutrition
    16  assessment, nutrition diagnosis, nutrition  intervention,  or  nutrition
    17  monitoring  and evaluation for the purpose of management or treatment of
    18  a disease or medical condition. Only  a  person  licensed  or  otherwise
    19  exempt  under  this  article shall practice medical nutrition therapy or
    20  offer to provide such services.
    21    3. "Nutrition care services" means any part or all  of  the  following
    22  services provided within a systematic process:
    23    (a)  assessing and evaluating the nutritional needs of individuals and
    24  groups and determining resources and constraints in a practice  setting,
    25  including  ordering  of  nutrition-related laboratory tests to check and
    26  track nutrition status;
    27    (b) identifying nutrition problems and establishing priorities, goals,
    28  and  objectives  that  meet  nutritional  needs  and are consistent with
    29  available resources and constraints;
    30    (c) creating individualized dietary plans and issuing and implementing
    31  orders to meet nutritional needs of healthy individuals and  individuals
    32  in  acute  and  chronic  disease  states, including ordering therapeutic
    33  diets, and monitoring the effectiveness thereof;
    34    (d) determining and providing appropriate nutrition  interventions  in
    35  health   and   disease,  including  nutrition  counseling  on  food  and
    36  prescription drug interactions;
    37    (e) developing, implementing, and managing nutrition care systems; and
    38    (f)  evaluating, making changes in, and maintaining appropriate stand-
    39  ards of quality in food and nutrition service.
    40    4. "Nutrition diagnosis" in the context of the practice  of  dietetics
    41  or  the  practice  of nutrition means identifying and labeling nutrition
    42  problems managed and treated by a licensed dietitian or licensed  nutri-
    43  tionist.    Such diagnostic privilege is distinct from a medical diagno-
    44  sis.
    45    5. "Therapeutic diet" means a diet intervention prescribed by a physi-
    46  cian or other authorized provider, including a  licensed  dietitian  or,
    47  for  oral  diets  only,  a  licensed  nutritionist.  A  therapeutic diet
    48  provides food, fluids, or nutrients  by  oral,  enteral,  or  parenteral
    49  routes  and  is used in the treatment of a disease or clinical condition
    50  to modify, eliminate, decrease, or increase specific macro- or  micronu-
    51  trients,  or  to  provide mechanically altered food when medically indi-
    52  cated.
    53    § 5. Section 8003 of the education law, as amended by chapter  282  of
    54  the laws of 1992, is amended to read as follows:
    55    § 8003. State  board  for  dietetics and nutrition.  A state board for
    56  dietetics and nutrition shall be appointed by the board of  regents,  on

        S. 607--B                           4

     1  recommendation  of  the  commissioner,  for the purpose of assisting the
     2  board of regents and the department on matters of [certification] licen-
     3  sure, practice, and professional  conduct  in  accordance  with  section
     4  sixty-five hundred eight of this [chapter] title.
     5    [The]   All members serving terms on the state board for dietetics and
     6  nutrition on the effective date of the chapter of the laws of two  thou-
     7  sand  twenty-six  which amended this section shall continue to serve out
     8  their respective terms of office until their respective  successors  are
     9  appointed  and  qualified.  Thereafter,  the board shall consist of [not
    10  less than thirteen] eleven members, [ten] six of whom shall  be  [certi-
    11  fied  dietitians  or certified nutritionists, except that the members of
    12  the first board need not be certified  but  shall  be  persons  who  are
    13  eligible for certification under the provisions of this article prior to
    14  their  appointment  to  the  board.    The  first board, with respect to
    15  members representing the  profession,  shall  consist  of  five  members
    16  registered by a national dietetic association having registration stand-
    17  ards acceptable to the department and five members who are members of or
    18  registered  by  a  national  nutritional  association  having membership
    19  and/or registration standards acceptable to the department.  Thereafter,
    20  members  of  the  profession  appointed to such board shall be certified
    21  pursuant to this article] licensed dietitians and two of whom  shall  be
    22  licensed  nutritionists  pursuant to this article. To the extent reason-
    23  able, the board of regents should insure  the  state  board  is  broadly
    24  representative of various professional interests within the dietetic and
    25  nutritional  community.  [Three] Two members shall be representatives of
    26  the general public and one member shall be a  physician  licensed  under
    27  article  one  hundred  thirty-one of this title.   Such physician member
    28  shall not be a member of or  credentialed  by  a  national  dietetic  or
    29  national  nutrition  association.  An  executive  secretary to the board
    30  shall be appointed by the board of regents on the recommendation of  the
    31  commissioner.
    32    §  6.  Section 8004 of the education law is REPEALED and a new section
    33  8004 is added to read as follows:
    34    § 8004. Requirements for professional license.  1. Each applicant  for
    35  a  license  as  a  licensed nutritionist shall:   be at least twenty-one
    36  years of age; be of good moral character, acceptable to  the department;
    37  submit a completed application upon a form and in  such  manner  as  the
    38  board  prescribes  demonstrating  the  applicant  is capable and profes-
    39  sionally competent, as determined by the board, to safely engage in  the
    40  practice  of  nutrition;  submit  any fees as required by the board, and
    41  submit proof of all of the following:
    42    (a) Education: Have received a master's or doctoral degree  in  nutri-
    43  tion  or a nutrition-related science leading to competence in nutrition,
    44  including medical nutrition therapy, in accordance with the  commission-
    45  er's regulations;
    46    (b) Experience: Have completed a planned, continuous, supervised prac-
    47  tice  experience  satisfactory  to  the board and in accordance with the
    48  commissioner's regulations, provided that such experience shall  require
    49  demonstration  of  competence  in nutrition, including medical nutrition
    50  therapy and involve at least one thousand hours under direct supervision
    51  in the following practice areas, with a minimum of two hundred hours  in
    52  each  practice  area:  conducting nutrition assessment; nutrition inter-
    53  vention; and nutrition monitoring and evaluation. The  experience  shall
    54  be  determined  by  the  board to have prepared the applicant to provide
    55  nutrition care services for various  populations  of  diverse  cultures,
    56  genders, and across the life cycle, and to be able to competently formu-

        S. 607--B                           5
 
     1  late  actionable  medical  nutrition therapies and interventions, educa-
     2  tion, counseling, and ongoing care for the prevention,  modulation,  and
     3  management  of a range of chronic medical conditions within the scope of
     4  nutrition; and
     5    (c)  Examination:  Passage  of a nutrition examination satisfactory to
     6  the board and in accordance with the commissioner's regulations.
     7    2. (a) Each applicant for a license as a licensed dietitian shall:  be
     8  at least twenty-one years of age; be of good moral character, acceptable
     9  to  the  department;  submit  a completed application upon a form and in
    10  such manner as the board prescribes demonstrating the applicant is capa-
    11  ble and professionally competent, as determined by the board, to  safely
    12  engage  in  the  practice of dietetics and nutrition; submit any fees as
    13  required by the board; and submit proof of all of the following:
    14    (i) Education: Have received a master's or doctoral degree and  satis-
    15  factorily  completed a program of study accredited by a national dietet-
    16  ics accrediting body and approved by the department in  accordance  with
    17  the commissioner's regulations;
    18    (ii)  Experience:  Have  received  a master's or doctoral degree or an
    19  equivalent as determined by the department and satisfactorily  completed
    20  a program of study accredited by a national dietetics accreditation body
    21  and  approved  by  the  department in accordance with the commissioner's
    22  regulations, provided that such experience shall  require  demonstration
    23  of  competence  in  dietetics and nutrition, including medical nutrition
    24  therapy, and consist of not less than one thousand  hours  under  direct
    25  supervision.    The  experience shall be determined by the board to have
    26  prepared the applicant to provide nutrition care  services  for  various
    27  populations of diverse cultures, genders, and across the life cycle, and
    28  to  be able to competently formulate actionable medical nutrition thera-
    29  pies and interventions, education, counseling, and ongoing care for  the
    30  prevention,  modulation,  and management of a range of acute and chronic
    31  medical conditions within the scope of dietetics and nutrition; and
    32    (iii) Examination: Passage of a dietitian examination satisfactory  to
    33  the board and in accordance with the commissioner's regulations.
    34    (b)  An  application for a dietitian license submitted by individuals,
    35  who prior to January first, two thousand twenty-six held registration as
    36  a dietitian by a national  dietetic  commission  that  has  registration
    37  standards  acceptable to the department, and currently holds such regis-
    38  tration, is governed by the provisions  of  law  in  effect  immediately
    39  before the effective date of this section, and the former law is contin-
    40  ued in effect for that purpose.
    41    3. All applicants for licensure as a licensed nutritionist or licensed
    42  dietitian  shall  pay  a  fee for an initial license, and a fee for each
    43  triennial registration period.
    44    § 7. Section 8005 of the education law is REPEALED.
    45    § 8. Section 8006 of the education law is REPEALED and a  new  section
    46  8006 is added to read as follows:
    47    §  8006. Special conditions. 1. Any person who is licensed as a certi-
    48  fied dietitian or a certified nutritionist on the effective date of  the
    49  chapter of the laws of two thousand twenty-six which added this section,
    50  shall be licensed as a licensed dietitian without meeting any additional
    51  requirements  so  long  as  they  hold  registration as a dietitian by a
    52  national dietetic commission that has registration standards  acceptable
    53  to the department or have completed:
    54    (a)  a  bachelor's or higher degree from a programmatically accredited
    55  didactic program approved by  the  department  in  accordance  with  the
    56  commissioner's regulations;

        S. 607--B                           6
 
     1    (b)  a  supervised  practice experience acceptable to the board and in
     2  accordance with the commissioner's regulations, provided that such expe-
     3  rience consisted of satisfactory completion of a  nationally  accredited
     4  dietetic and nutrition experience approved by the department of not less
     5  than nine hundred hours; and
     6    (c)  passage  of a dietitian examination satisfactory to the board and
     7  in accordance with the commissioner's regulations.
     8    2. Any person who is licensed as a certified dietitian or a  certified
     9  nutritionist  and does not meet the requirements provided under subdivi-
    10  sion one of this section on the effective date of  the  chapter  of  the
    11  laws  of  two  thousand  twenty-six  which  added this section, shall be
    12  licensed as a  licensed  nutritionist  without  meeting  any  additional
    13  requirements.
    14    §  9. The education law is amended by adding two new sections 8007 and
    15  8008 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 such physician's 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 such nurse or nurse practitioner's profes-
    22  sion  as  defined under article one hundred thirty-nine of this title; a
    23  licensed physician assistant from such physician assistant's  profession
    24  as  defined  under  article  one  hundred thirty-one-B of this title; or
    25  qualified members of other professions licensed under  this  title  from
    26  performing  work incidental to the practice of their professions, except
    27  that such persons may not hold themselves out under the title authorized
    28  by this article;
    29    2. A student, intern or resident from  engaging  in  the  practice  of
    30  dietetics  or  nutrition while participating in the education or experi-
    31  ence requirements under section eight thousand four of this article,  so
    32  long as:
    33    (a) The student or trainee who is completing their supervised practice
    34  experience  required  under  section eight thousand four of this article
    35  practices under this subdivision not more than five years after complet-
    36  ing education requirements under section eight  thousand  four  of  this
    37  article;
    38    (b) The student or trainee practices under this subdivision only while
    39  supervised  by  a  qualified supervisor as approved by the department in
    40  accordance with the commissioner's regulations;
    41    (c) The student or trainee does not engage in the  unrestricted  prac-
    42  tice of medical nutrition therapy; and
    43    (d)  While  practicing  under this subdivision, the student or trainee
    44  uses a title that clearly indicates such student trainee's status  as  a
    45  student, intern, trainee, or supervisee;
    46    3.  A  dietitian or nutritionist who is serving in the armed forces of
    47  the United States or any other federal agency from engaging in the prac-
    48  tice of dietetics or  nutrition,  or  using  government  issued  titles,
    49  provided  that  such  practice  or  title  use  is related to service or
    50  employment;
    51    4. A person who provides individualized nutrition recommendations  for
    52  the wellness and primary prevention of chronic disease, health coaching,
    53  holistic  and  wellness education, guidance, motivation, behavior change
    54  management, services for non-medical weight control, or other  nutrition
    55  care services so long as all of the following apply:
    56    (a) The services do not constitute medical nutrition therapy;

        S. 607--B                           7
 
     1    (b)  The person does not represent such person using titles authorized
     2  under this article; and
     3    (c)  The person does not hold such person out as licensed or qualified
     4  to engage in the practice of medical nutrition therapy;
     5    5. A person  who  disseminates  non-individualized,  written,  general
     6  nutrition  information in connection with the marketing and distribution
     7  of dietary supplements, food, herbs, or food materials, including expla-
     8  nations of their federally regulated label claims,  any  known  drug-nu-
     9  trient  interactions, their role in various diets, or suggestions as how
    10  to best use and combine them  so  long  as  such  information  does  not
    11  constitute  medical nutrition therapy and the person does not use titles
    12  authorized under this article or hold such person out  as  qualified  to
    13  engage in the practice of medical nutrition therapy;
    14    6.  A  person  who  provides  medical  weight control for persons with
    15  obesity as part of any of the following:
    16    (a) An instructional program that has been approved in writing by  one
    17  of the following:
    18    (i) a dietitian or nutritionist licensed in this state; or
    19    (ii)  a  health  care practitioner licensed or certified in this state
    20  whose scope of practice includes medical nutrition therapy; or
    21    (b) A plan of care that is overseen by a health professional  licensed
    22  in  this  state  whose scope of practice otherwise authorizes the health
    23  professional to provide and delegate medical nutrition therapy, so  long
    24  as  the medical weight control services are not discretionary and do not
    25  require the exercise of professional judgment;
    26    7. An individual employed by a WIC program  as  a  "competent  profes-
    27  sional  authority"  as  defined in 7 C.F.R § 246.2 (1895) from providing
    28  nutrition services within such WIC program.  For  the  purpose  of  this
    29  subdivision the term "WIC program" shall mean a program authorized by 42
    30  U.S.C. § 1786;
    31    8.  A person who does not utilize titles authorized under this article
    32  and assists the provision of medical nutrition  therapy  if  the  person
    33  performs  only support activities that are not discretionary and that do
    34  not require the exercise of professional judgment for their performance,
    35  and the person is directly supervised by  a  nutritionist  or  dietitian
    36  licensed under this title; and
    37    9.  A  person  from  practicing  dietetics  or nutrition to the extent
    38  permissible within the scope of practice of  such  professions,  by  any
    39  not-for-profit  corporation  or education corporation providing services
    40  within the state of New York and operating under a  waiver  pursuant  to
    41  section  sixty-five  hundred  three-a  of this title, provided that such
    42  entities offering dietetics or nutrition  services  shall  only  provide
    43  such  services through an individual appropriately licensed or otherwise
    44  authorized to provide such services or a professional entity  authorized
    45  by law to provide such services.
    46    §  8008.  Limited permit. 1. The department may issue a limited permit
    47  to practice as a provisionally licensed  nutritionist  or  provisionally
    48  licensed  dietitian to an applicant for licensure who has met the educa-
    49  tion and experience requirements for a licensed nutritionist or licensed
    50  dietitian provided under section eight thousand four of this article.
    51    2. The duration of a limited permit shall not exceed one year from the
    52  time of its first issue and the department may for good  cause  renew  a
    53  limited  permit  for  an additional one year provided that no individual
    54  shall practice under any limited permit for more than  a  total  of  two
    55  years.

        S. 607--B                           8

     1    3.  All practice under a limited permit shall be under the supervision
     2  of a dietitian licensed pursuant to this article.
     3    4. All practice under a limited nutritionist permit shall be under the
     4  supervision  of  a  nutritionist  or dietitian licensed pursuant to this
     5  article.
     6    5. The fee for a limited permit or the renewal thereof shall be seven-
     7  ty-five dollars.
     8    § 10. Subparagraph (i) of paragraph a  of  subdivision  1  of  section
     9  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    10  2013, is amended to read as follows:
    11    (i) services  provided  under  article  one  hundred  fifty-four,  one
    12  hundred  fifty-seven, one hundred sixty-three or one hundred sixty-seven
    13  of this title for which licensure would be required, or
    14    § 11. Section 6505-b of the education law, as amended by  chapter  733
    15  of the laws of 2023, is amended to read as follows:
    16    § 6505-b. Course  work  or  training  in  infection control practices.
    17  Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
    18  optometrist,  athletic  trainer,  [and]  dental  hygienist, and licensed
    19  nutritionist, and licensed dietitian practicing in the state  shall,  on
    20  or  before July first, nineteen hundred ninety-four and every four years
    21  thereafter, complete course work or training appropriate to the  profes-
    22  sional's   practice  approved  by  the  department  regarding  infection
    23  control, which shall include sepsis, and barrier precautions,  including
    24  engineering  and  work  practice controls, in accordance with regulatory
    25  standards promulgated  by  the  department,  in  consultation  with  the
    26  department  of health, which shall be consistent, as far as appropriate,
    27  with such standards adopted by the  department  of  health  pursuant  to
    28  section  two hundred thirty-nine of the public health law to prevent the
    29  transmission of HIV, HBV, HCV and infections that could lead  to  sepsis
    30  in  the  course  of  professional practice. Each such professional shall
    31  document to the department at the time of registration  commencing  with
    32  the  first  registration  after July first, nineteen hundred ninety-four
    33  that the professional has completed course work or training  in  accord-
    34  ance with this section, provided, however that a professional subject to
    35  the  provisions  of  paragraph (f) of subdivision one of section twenty-
    36  eight hundred five-k of the public health law shall not be  required  to
    37  so  document.  The  department  shall  provide  an  exemption  from this
    38  requirement to anyone who requests such an exemption and who (i) clearly
    39  demonstrates to the department's satisfaction that  there  would  be  no
    40  need for [him or her] such dentist, registered nurse, licensed practical
    41  nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist,
    42  and  licensed dietitian to complete such course work or training because
    43  of the nature of [his or her] such dentist, registered  nurse,  licensed
    44  practical  nurse,  podiatrist,  optometrist,  dental hygienist, licensed
    45  nutritionist, and licensed dietitian practice or (ii) that [he  or  she]
    46  such  dentist,  registered  nurse, licensed practical nurse, podiatrist,
    47  optometrist,  dental  hygienist,  licensed  nutritionist,  and  licensed
    48  dietitian has completed course work or training deemed by the department
    49  to  be equivalent to the course work or training approved by the depart-
    50  ment pursuant to this section. The department shall consult with  organ-
    51  izations  representative  of  professions,  institutions  and those with
    52  expertise in infection control and HIV, HBV,  HCV  and  infections  that
    53  could lead to sepsis with respect to the regulatory standards promulgat-
    54  ed pursuant to this section.

        S. 607--B                           9
 
     1    §  12.  Paragraph  a of subdivision 3 of section 6507 of the education
     2  law, as amended by chapter 733 of the laws of 2023, is amended  to  read
     3  as follows:
     4    a. Establish standards for preprofessional and professional education,
     5  experience and licensing examinations as required to implement the arti-
     6  cle for each profession. Notwithstanding any other provision of law, the
     7  commissioner shall establish standards requiring that all persons apply-
     8  ing,  on or after January first, nineteen hundred ninety-one, initially,
     9  or for the renewal of, a license, registration or limited permit to be a
    10  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    11  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    12  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    13  licensed  marriage  and family therapist, licensed mental health counse-
    14  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    15  analyst,  certified  behavior  analyst assistant, licensed nutritionist,
    16  licensed dietitian, or athletic trainer shall, in addition  to  all  the
    17  other  licensure,  certification  or permit requirements, have completed
    18  two hours of coursework or training  regarding  the  identification  and
    19  reporting  of  child  abuse and maltreatment. The coursework or training
    20  shall be obtained  from  an  institution  or  provider  which  has  been
    21  approved  by  the department to provide such coursework or training. The
    22  coursework or training shall include information regarding the  physical
    23  and behavioral indicators of child abuse and maltreatment and the statu-
    24  tory  reporting  requirements  set out in sections four hundred thirteen
    25  through four hundred twenty of the social services  law,  including  but
    26  not  limited  to, when and how a report must be made, what other actions
    27  the reporter is mandated or authorized to take,  the  legal  protections
    28  afforded  reporters,  and  the  consequences for failing to report. Such
    29  coursework or training may also include information regarding the  phys-
    30  ical and behavioral indicators of the abuse of individuals with develop-
    31  mental  disabilities  and  voluntary  reporting  of  abused or neglected
    32  adults to the office for people with developmental disabilities  or  the
    33  local  adult protective services unit.  Each applicant shall provide the
    34  department with documentation showing that [he or  she]  such  applicant
    35  has  completed  the  required  training. The department shall provide an
    36  exemption from the child abuse and maltreatment training requirements to
    37  any applicant who requests such an  exemption  and  who  shows,  to  the
    38  department's  satisfaction,  that  there would be no need because of the
    39  nature of [his or her] such applicant's practice for [him or  her]  such
    40  applicant to complete such training;
    41    §  13.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
    42  services law, as amended by chapter 733 of the laws of 2023, is  amended
    43  to read as follows:
    44    (a)  The  following  persons  and  officials are required to report or
    45  cause a report to be made in accordance with this title when  they  have
    46  reasonable  cause  to  suspect  that a child coming before them in their
    47  professional or official capacity is an abused or maltreated  child,  or
    48  when  they have reasonable cause to suspect that a child is an abused or
    49  maltreated child where the parent, guardian, custodian or  other  person
    50  legally  responsible  for  such child comes before them in their profes-
    51  sional or official capacity and states from  personal  knowledge  facts,
    52  conditions or circumstances which, if correct, would render the child an
    53  abused  or maltreated child: any physician; registered physician assist-
    54  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    55  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    56  athletic trainer; psychologist; registered nurse; social  worker;  emer-

        S. 607--B                          10
 
     1  gency  medical  technician;  licensed  creative arts therapist; licensed
     2  marriage  and  family  therapist;  licensed  mental  health   counselor;
     3  licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
     4  analyst  assistant;  licensed nutritionist; licensed dietitian; hospital
     5  personnel engaged in the admission, examination, care  or  treatment  of
     6  persons;  a  Christian  Science  practitioner;  school  official,  which
     7  includes but is not limited to school teacher, school  guidance  counse-
     8  lor,  school  psychologist,  school  social worker, school nurse, school
     9  administrator or other school personnel required to hold a  teaching  or
    10  administrative  license  or  certificate;  full or part-time compensated
    11  school employee required to hold a temporary coaching license or profes-
    12  sional coaching certificate; social services worker; employee of a publ-
    13  icly-funded emergency shelter for families with children; director of  a
    14  children's overnight camp, summer day camp or traveling summer day camp,
    15  as  such camps are defined in section thirteen hundred ninety-two of the
    16  public health law; day care center worker; school-age child care worker;
    17  provider of family or group family day care; employee or volunteer in  a
    18  residential  care  facility  for children that is licensed, certified or
    19  operated by the office of children and family  services;  or  any  other
    20  child  care or foster care worker; mental health professional; substance
    21  abuse counselor; alcoholism counselor; all persons credentialed  by  the
    22  office  of  [alcoholism and substance abuse services] addiction services
    23  and supports; employees, who are expected to have regular  and  substan-
    24  tial contact with children, of a health home or health home care manage-
    25  ment  agency contracting with a health home as designated by the depart-
    26  ment of health and authorized under section three  hundred  sixty-five-l
    27  of  this  chapter or such employees who provide home and community based
    28  services under  a  demonstration  program  pursuant  to  section  eleven
    29  hundred  fifteen  of the federal social security act who are expected to
    30  have regular and  substantial  contact  with  children;  peace  officer;
    31  police officer; district attorney or assistant district attorney; inves-
    32  tigator  employed  in  the  office  of a district attorney; or other law
    33  enforcement official.
    34    § 14. Subdivision 5-a of section 488 of the social  services  law,  as
    35  amended  by  chapter  205  of  the  laws  of 2014, is amended to read as
    36  follows:
    37    5-a. "Human services professional" shall mean any:  physician;  regis-
    38  tered  physician assistant; surgeon; medical examiner; coroner; dentist;
    39  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
    40  resident;  intern;  psychologist;  registered  nurse; licensed practical
    41  nurse; nurse practitioner; social worker; emergency medical  technician;
    42  licensed  creative  arts  therapist; licensed marriage and family thera-
    43  pist; licensed mental health counselor; licensed psychoanalyst; licensed
    44  behavior  analyst;  certified  behavior  analyst   assistant;   licensed
    45  speech/language pathologist or audiologist; licensed physical therapist;
    46  licensed  occupational therapist; licensed nutritionist; licensed dieti-
    47  tian; hospital personnel engaged in the admission, examination, care  or
    48  treatment  of  persons; Christian Science practitioner; school official,
    49  which includes but is not limited to  school  teacher,  school  guidance
    50  counselor,  school  psychologist,  school  social  worker, school nurse,
    51  school administrator or other school personnel required to hold a teach-
    52  ing or administrative license or certificate; full or part-time  compen-
    53  sated  school  employee required to hold a temporary coaching license or
    54  professional coaching certificate; social  services  worker;  any  other
    55  child  care  or  foster  care worker; mental health professional; person
    56  credentialed by  the  office  of  [alcoholism]  addiction  services  and

        S. 607--B                          11
 
     1  [substance  abuse  services]  supports;  peace  officer; police officer;
     2  district attorney or assistant district attorney; investigator  employed
     3  in the office of a district attorney; or other law enforcement official.
     4    §  15.  This act shall take effect eighteen months after it shall have
     5  become a law. Effective  immediately,  the  addition,  amendment  and/or
     6  repeal  of  any  rule  or regulation necessary for the implementation of
     7  this act on its effective date are authorized to be made  and  completed
     8  on or before such effective date.
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