STATE OF NEW YORK
________________________________________________________________________
9653
IN SENATE
May 16, 2024
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law and the social services law, in
relation to the licensure of dietitian nutritionists and nutrition-
ists; 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 tian nutritionists and nutritionists. A "licensed dietitian nutrition-
6 ist" shall mean a person duly licensed under this article as meeting the
7 requirements of subdivision two of section eight thousand four of this
8 article to practice dietetics and nutrition, which includes the practice
9 of medical nutrition therapy. A "licensed nutritionist" shall mean a
10 person duly licensed under this article as meeting the requirements of
11 subdivision one of section eight thousand four of this article to prac-
12 tice nutrition, which includes the practice of medical nutrition
13 therapy. The general provision for all professions contained in article
14 one hundred thirty of this title shall apply to this article.
15 § 2. Section 8001 of the education law, as added by chapter 635 of the
16 laws of 1991, is amended to read as follows:
17 § 8001. [Definitions] Dietetic and nutrition practice. [1. Dietetics
18 and nutrition are herein each defined as the integration and applica-
19 tion of principles derived from the sciences of nutrition, biochemistry,
20 physiology, food management and behavioral and social sciences to
21 achieve and maintain people's health.
22 2. Where the title "certified dietitian" or "certified nutritionist"
23 is used in this article it shall mean "certified dietitian", "certified
24 dietician", or "certified nutritionist".
25 3. A certified dietitian or certified nutritionist is one who engages
26 in the integration and application of principles derived from the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15632-01-4
S. 9653 2
1 sciences of nutrition, biochemistry, physiology, food management and
2 behavioral and social sciences to achieve and maintain people's health,
3 and who is certified as such by the department pursuant to section eight
4 thousand four of this article. The primary function of a certified
5 dietitian or certified nutritionist is the provision of nutrition care
6 services that shall include:
7 (a) Assessing nutrition needs and food patterns;
8 (b) Planning for and directing the provision of food appropriate for
9 physical and nutrition needs; and
10 (c) Providing nutrition counseling.] 1. The practice of dietetics
11 encompasses the practice of nutrition and includes providing advanced
12 medical nutrition therapy and related support activities including the
13 development and ordering of therapeutic diets via enteral and parenteral
14 routes; conducting swallow screens; placing nasogastric or nasoenteric
15 feeding tubes; implementing prescription drug dose adjustments under
16 medical staff or prescriber-approved disease treatment protocols; order-
17 ing or discontinuing use of vitamin, mineral, and other dietary supple-
18 ments; and developing and managing food service operations for the
19 management or treatment of disease or medical conditions.
20 2. The practice of nutrition involves the provision of nutrition care
21 services in-person or via telehealth, including medical nutrition thera-
22 py, to prevent, manage, or treat diseases or medical conditions and
23 promote wellness. The practice of nutrition shall include the ordering
24 of patient diets, including oral therapeutic diets; the ordering of
25 medical laboratory tests related to nutritional therapeutic treatments;
26 and the provision of recommendations on vitamin, mineral, and other
27 dietary supplements.
28 § 3. Section 8002 of the education law, as added by chapter 635 of the
29 laws of 1991, is amended to read as follows:
30 § 8002. Use of titles. [Only a] 1. No person [certified under this
31 article shall be authorized to use the title "certified dietitian",
32 "certified dietician", or "certified nutritionist"] may designate or
33 hold such person out as a dietitian nutritionist or use or assume the
34 title "dietitian nutritionist", "licensed dietitian nutritionist",
35 "dietician", or any other title indicating that the person is a licensed
36 dietitian nutritionist or append to or use in conjunction with that
37 person's name the letters "LDN" or "LD" unless such person is licensed
38 as a dietitian nutritionist under this article.
39 2. No person may use or assume any title indicating that the person
40 is a licensed nutritionist or append to or use in conjunction with
41 that person's name the letters "LN" unless the person is licensed as a
42 nutritionist under this article.
43 3. No person may designate or hold such person out as a nutritionist
44 or use or assume the title "nutritionist" unless the person is licensed
45 under this article.
46 § 4. The education law is amended by adding a new section 8002-a to
47 read as follows:
48 § 8002-a. Definitions. For the purposes of this article, the following
49 terms shall have the following meanings:
50 1. "Medical nutrition therapy" means the provision of nutrition
51 assessment, nutrition diagnosis, nutrition intervention, or nutrition
52 monitoring and evaluation for the purpose of management or treatment of
53 a disease or medical condition. Only a person licensed or otherwise
54 exempt under this article shall practice medical nutrition therapy or
55 offer to provide such services.
S. 9653 3
1 2. "Nutrition care services" means any part or all of the following
2 services provided within a systematic process:
3 (a) assessing and evaluating the nutritional needs of individuals and
4 groups and determining resources and constraints in a practice setting,
5 including ordering of nutrition-related laboratory tests to check and
6 track nutrition status;
7 (b) identifying nutrition problems and establishing priorities, goals,
8 and objectives that meet nutritional needs and are consistent with
9 available resources and constraints;
10 (c) creating individualized dietary plans and issuing and implementing
11 orders to meet nutritional needs of healthy individuals and individuals
12 in acute and chronic disease states, including ordering therapeutic
13 diets, and monitoring the effectiveness thereof;
14 (d) determining and providing appropriate nutrition interventions in
15 health and disease, including nutrition counseling on food and
16 prescription drug interactions;
17 (e) developing, implementing, and managing nutrition care systems; and
18 (f) evaluating, making changes in, and maintaining appropriate stand-
19 ards of quality in food and nutrition service.
20 § 5. Section 8003 of the education law, as amended by chapter 282 of
21 the laws of 1992, is amended to read as follows:
22 § 8003. State board for dietetics and nutrition. A state board for
23 dietetics and nutrition shall be appointed by the board of regents, on
24 recommendation of the commissioner, for the purpose of assisting the
25 board of regents and the department on matters of [certification] licen-
26 sure, practice, and professional conduct in accordance with section
27 sixty-five hundred eight of this [chapter] title.
28 [The] All members serving terms on the state board for dietetics and
29 nutrition on the effective date of the chapter of the laws of two thou-
30 sand twenty-four which amended this section shall continue to serve out
31 their respective terms of office until their respective successors are
32 appointed and qualified. Thereafter, the board shall consist of [not
33 less than thirteen] eleven members, [ten] six of whom shall be [certi-
34 fied dietitians or certified nutritionists, except that the members of
35 the first board need not be certified but shall be persons who are
36 eligible for certification under the provisions of this article prior to
37 their appointment to the board. The first board, with respect to
38 members representing the profession, shall consist of five members
39 registered by a national dietetic association having registration stand-
40 ards acceptable to the department and five members who are members of or
41 registered by a national nutritional association having membership
42 and/or registration standards acceptable to the department. Thereafter,
43 members of the profession appointed to such board shall be certified
44 pursuant to this article] licensed dietitian nutritionists and two of
45 whom shall be licensed nutritionists pursuant to this article. To the
46 extent reasonable, the board of regents should insure the state board is
47 broadly representative of various professional interests within the
48 dietetic and nutritional community. [Three] Two members shall be repre-
49 sentatives of the general public and one member shall be a physician
50 licensed under article one hundred thirty-one of this title. Such
51 physician member shall not be a member of or credentialed by a national
52 dietetic or national nutrition association. An executive secretary to
53 the board shall be appointed by the board of regents on the recommenda-
54 tion of the commissioner.
55 § 6. Section 8004 of the education law is REPEALED and a new section
56 8004 is added to read as follows:
S. 9653 4
1 § 8004. Requirements for professional license. 1. Each applicant for
2 a license as a licensed nutritionist shall: be at least twenty-one
3 years of age; submit a completed application upon a form and in such
4 manner as the board prescribes demonstrating the applicant is capable
5 and professionally competent, as determined by the board, to safely
6 engage in the practice of nutrition; submit any fees as required by the
7 board, and submit proof of all of the following:
8 (a) Education: Have received a master's or doctoral degree in nutri-
9 tion or a nutrition-related science leading to competence in nutrition,
10 including medical nutrition therapy, in accordance with the commission-
11 er's regulations;
12 (b) Experience: Have completed a planned, continuous, supervised prac-
13 tice experience satisfactory to the board and in accordance with the
14 commissioner's regulations, provided that such experience shall require
15 demonstration of competence in nutrition, including medical nutrition
16 therapy and involve at least one thousand hours under direct supervision
17 in the following practice areas, with a minimum of two hundred hours in
18 each practice area: conducting nutrition assessment; nutrition inter-
19 vention; and nutrition monitoring and evaluation. The experience shall
20 be determined by the board to have prepared the applicant to provide
21 nutrition care services for various populations of diverse cultures,
22 genders, and across the life cycle, and to be able to competently formu-
23 late actionable medical nutrition therapies and interventions, educa-
24 tion, counseling, and ongoing care for the prevention, modulation, and
25 management of a range of acute and chronic medical conditions within the
26 scope of nutrition; and
27 (c) Examination: Passage of a nutrition examination satisfactory to
28 the board and in accordance with the commissioner's regulations.
29 2. (a) Each applicant for a license as a licensed dietitian nutrition-
30 ist shall: be at least twenty-one years of age, submit a completed
31 application upon a form and in such manner as the board prescribes
32 demonstrating the applicant is capable and professionally competent, as
33 determined by the board, to safely engage in the practice of dietetics
34 and nutrition, submit any fees as required by the board, and submit
35 proof of all of the following:
36 (i) Education: Have received a master's or doctoral degree and satis-
37 factorily completed a program of study accredited by a national dietet-
38 ics accrediting body and approved by the department in accordance with
39 the commissioner's regulations;
40 (ii) Experience: Have completed a planned, continuous, supervised
41 practice experience accredited by a national dietetics accrediting body,
42 satisfactory to the board and in accordance with the commissioner's
43 regulations, provided that such experience shall require demonstration
44 of competence in dietetics and nutrition, including medical nutrition
45 therapy, and consist of not less than one thousand hours under the
46 direct supervision. The experience shall be determined by the board to
47 have prepared the applicant to provide nutrition care services for vari-
48 ous populations of diverse cultures, genders, and across the life cycle,
49 and to be able to competently formulate actionable medical nutrition
50 therapies and interventions, education, counseling, and ongoing care for
51 the prevention, modulation, and management of a range of acute and
52 chronic medical conditions within the scope of dietetics and nutrition;
53 and
54 (iii) Examination: Passage of a dietitian examination satisfactory to
55 the board and in accordance with the commissioner's regulations.
S. 9653 5
1 (b) An application for a dietitian nutritionist license submitted by
2 individuals, who prior to January first, two thousand twenty-four held
3 registration as a dietitian by a national dietetic commission that has
4 registration standards acceptable to the department, and currently holds
5 such registration, is governed by the provisions of law in effect imme-
6 diately before the effective date of this section, and the former law is
7 continued in effect for that purpose.
8 3. All applicants for licensure as a licensed nutritionist or licensed
9 dietitian nutritionist shall pay a fee for an initial license, and a fee
10 for each triennial registration period.
11 § 7. Section 8005 of the education law is REPEALED.
12 § 8. Section 8006 of the education law is REPEALED and a new section
13 8006 is added to read as follows:
14 § 8006. Special conditions. 1. Any person who is licensed as a certi-
15 fied dietitian or a certified nutritionist on the effective date of the
16 chapter of the laws of two thousand twenty-four which amended this
17 section, shall be licensed as a licensed dietitian nutritionist without
18 meeting any additional requirements so long as they hold registration as
19 a dietitian by a national dietetic commission that has registration
20 standards acceptable to the department or have completed:
21 (a) a bachelor's or higher degree from a programmatically accredited
22 didactic program approved by the department in accordance with the
23 commissioner's regulations;
24 (b) a supervised practice experience acceptable to the board and in
25 accordance with the commissioner's regulations, provided that such expe-
26 rience consisted of satisfactory completion of a nationally accredited
27 dietetic and nutrition experience approved by the department of not less
28 than nine hundred hours; and
29 (c) passage of a dietician examination satisfactory to the board and
30 in accordance with the commissioner's regulations.
31 2. Any person who is licensed as a certified dietitian or a certified
32 nutritionist and does not meet the requirements provided under subdivi-
33 sion one of this section on the effective date of the chapter of the
34 laws of two thousand twenty-four which amend this section, shall be
35 licensed as a licensed nutritionist without meeting any additional
36 requirements.
37 3. Any non-exempt person practicing the professions to be licensed
38 pursuant to this article shall apply for a license within one year of
39 the effective date of this section.
40 § 9. The education law is amended by adding two new sections 8007 and
41 8008 to read as follows:
42 § 8007. Exemptions. This article shall not be construed to affect or
43 prevent:
44 1. A licensed physician from practicing such physician's profession as
45 defined under articles one hundred thirty-one and one hundred thirty-
46 one-B of this title; a registered professional nurse or a certified
47 nurse practitioner practicing such nurse or nurse practioner's profes-
48 sion as defined under article one hundred thirty-nine of this title; a
49 licensed physician assistant from such physician assistant's profession
50 as defined under article one hundred thirty-one-B of this title; or
51 qualified members of other professions licensed under this title from
52 performing work incidental to the practice of their professions, except
53 that such persons may not hold themselves out under the title authorized
54 by this article.
55 2. A student, intern or resident from engaging in the practice of
56 dietetics or nutrition while participating in the education or experi-
S. 9653 6
1 ence requirements under section eight thousand four of this article, so
2 long as:
3 (a) The student or trainee who is completing their supervised practice
4 experience required under section eight thousand four of this article
5 practices under this subdivision not more than five years after complet-
6 ing education requirements under section eight thousand four of this
7 article;
8 (b) The student or trainee practices under this subdivision only while
9 supervised by a qualified supervisor as approved by the department in
10 accordance with the commissioner's regulations;
11 (c) The student or trainee does not engage in the unrestricted prac-
12 tice of medical nutrition therapy; and
13 (d) While practicing under this subdivision, the student or trainee
14 uses a title that clearly indicates such student trainee's status as a
15 student, intern, trainee, or supervisee.
16 3. A dietitian nutritionist or nutritionist who is serving in the
17 armed forces of the United States or any other federal agency from
18 engaging in the practice of medical nutrition therapy, or using govern-
19 ment issued titles, provided that such practice or title use is related
20 to service or employment, provided that such practice is related to
21 service or employment.
22 4. A person who provides individualized nutrition recommendations for
23 the wellness and primary prevention of chronic disease, health coaching,
24 holistic and wellness education, guidance, motivation, behavior change
25 management, services for non-medical weight control, or other nutrition
26 care services so long as all of the following apply:
27 (a) The services do not constitute medical nutrition therapy;
28 (b) The person does not represent such person using titles authorized
29 under this article; and
30 (c) The person does not hold such person out as licensed or qualified
31 to engage in the practice of medical nutrition therapy.
32 5. A person who disseminates non-individualized, written, general
33 nutrition information in connection with the marketing and distribution
34 of dietary supplements, food, herbs, or food materials, including expla-
35 nations of their federally regulated label claims, any known drug-nu-
36 trient interactions, their role in various diets, or suggestions as how
37 to best use and combine them so long as such information does not
38 constitute medical nutrition therapy and the person does not use titles
39 authorized under this article or hold such person out as qualified to
40 engage in the practice of medical nutrition therapy.
41 6. A person who provides medical weight control for persons with
42 obesity as part of any of the following:
43 (a) An instructional program that has been approved in writing by one
44 of the following:
45 (i) a dietitian nutritionist or nutritionist licensed in this state;
46 or
47 (ii) a health care practitioner licensed or certified in this state
48 whose scope of practice includes medical nutrition therapy; or
49 (b) A plan of care that is overseen by a health professional licensed
50 in this state whose scope of practice otherwise authorizes the health
51 professional to provide and delegate medical nutrition therapy, so long
52 as the medical weight control services are not discretionary and do not
53 require the exercise of professional judgment.
54 7. An individual employed by a WIC program as a "competent profes-
55 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing
56 nutrition services within such WIC program. For the purpose of this
S. 9653 7
1 subdivision the term "WIC program" shall mean a program authorized by 42
2 U.S.C. § 1786; and
3 8. A person who does not utilize titles authorized under this article
4 and assists the provision of medical nutrition therapy if the person
5 performs only support activities that are not discretionary and that do
6 not require the exercise of professional judgment for their performance,
7 and the person is directly supervised by a nutritionist or dietitian
8 nutritionist licensed under this title.
9 § 8008. Limited permit. 1. The department may issue a limited permit
10 to practice as a provisionally licensed nutritionist or provisionally
11 licensed dietitian nutritionist to an applicant for licensure who has
12 met the education and experience requirements for a licensed nutrition-
13 ist or licensed dietitian nutritionist provided under section eight
14 thousand four of this article.
15 2. The duration of a limited permit shall not exceed one year from the
16 time of its first issue and the department may for good cause renew a
17 limited permit for an additional one year provided that no individual
18 shall practice under any limited permit for more than a total of two
19 years.
20 3. All practice under a limited permit shall be under the supervision
21 of individuals licensed pursuant to this article.
22 4. The fee for a limited permit or the renewal thereof shall be seven-
23 ty-five dollars.
24 § 10. Subparagraph (i) of paragraph a of subdivision 1 of section
25 6503-a of the education law, as amended by chapter 554 of the laws of
26 2013, is amended to read as follows:
27 (i) services provided under article one hundred fifty-four, one
28 hundred fifty-seven, one hundred sixty-three or one hundred sixty-seven
29 of this title for which licensure would be required, or
30 § 11. Section 6505-b of the education law, as amended by chapter 10 of
31 the laws of 2018, is amended to read as follows:
32 § 6505-b. Course work or training in infection control practices.
33 Every dentist, registered nurse, licensed practical nurse, podiatrist,
34 optometrist [and], dental hygienist, licensed nutritionist, and licensed
35 dietitian nutritionist practicing in the state shall, on or before July
36 first, nineteen hundred ninety-four and every four years thereafter,
37 complete course work or training appropriate to the professional's prac-
38 tice approved by the department regarding infection control, which shall
39 include sepsis, and barrier precautions, including engineering and work
40 practice controls, in accordance with regulatory standards promulgated
41 by the department, in consultation with the department of health, which
42 shall be consistent, as far as appropriate, with such standards adopted
43 by the department of health pursuant to section two hundred thirty-nine
44 of the public health law to prevent the transmission of HIV, HBV, HCV
45 and infections that could lead to sepsis in the course of professional
46 practice. Each such professional shall document to the department at the
47 time of registration commencing with the first registration after July
48 first, nineteen hundred ninety-four that the professional has completed
49 course work or training in accordance with this section, provided,
50 however that a professional subject to the provisions of paragraph (f)
51 of subdivision one of section twenty-eight hundred five-k of the public
52 health law shall not be required to so document. The department shall
53 provide an exemption from this requirement to anyone who requests such
54 an exemption and who (i) clearly demonstrates to the department's satis-
55 faction that there would be no need for [him or her] such dentist,
56 registered nurse, licensed practical nurse, podiatrist, optometrist,
S. 9653 8
1 dental hygienist, licensed nutritionist, and licensed dietitian nutri-
2 tionist to complete such course work or training because of the nature
3 of [his or her] such dentist, registered nurse, licensed practical
4 nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist,
5 and licensed dietitian nutritionist practice or (ii) that [he or she]
6 such dentist, registered nurse, licensed practical nurse, podiatrist,
7 optometrist, dental hygienist, licensed nutritionist, and licensed
8 dietitian nutritionist has completed course work or training deemed by
9 the department to be equivalent to the course work or training approved
10 by the department pursuant to this section. The department shall consult
11 with organizations representative of professions, institutions and those
12 with expertise in infection control and HIV, HBV, HCV and infections
13 that could lead to sepsis with respect to the regulatory standards
14 promulgated pursuant to this section.
15 § 11-a. Section 6505-b of the education law, as amended by chapter 733
16 of the laws of 2023, is amended to read as follows:
17 § 6505-b. Course work or training in infection control practices.
18 Every dentist, registered nurse, licensed practical nurse, podiatrist,
19 optometrist, athletic trainer, [and] dental hygienist, and licensed
20 nutritionist, and licensed dietitian nutritionist practicing in the
21 state shall, on or before July first, nineteen hundred ninety-four and
22 every four years thereafter, complete course work or training appropri-
23 ate to the professional's practice approved by the department regarding
24 infection control, which shall include sepsis, and barrier precautions,
25 including engineering and work practice controls, in accordance with
26 regulatory standards promulgated by the department, in consultation with
27 the department of health, which shall be consistent, as far as appropri-
28 ate, with such standards adopted by the department of health pursuant to
29 section two hundred thirty-nine of the public health law to prevent the
30 transmission of HIV, HBV, HCV and infections that could lead to sepsis
31 in the course of professional practice. Each such professional shall
32 document to the department at the time of registration commencing with
33 the first registration after July first, nineteen hundred ninety-four
34 that the professional has completed course work or training in accord-
35 ance with this section, provided, however that a professional subject to
36 the provisions of paragraph (f) of subdivision one of section twenty-
37 eight hundred five-k of the public health law shall not be required to
38 so document. The department shall provide an exemption from this
39 requirement to anyone who requests such an exemption and who (i) clearly
40 demonstrates to the department's satisfaction that there would be no
41 need for [him or her] such dentist, registered nurse, licensed practical
42 nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist,
43 and licensed dietitian nutritionist to complete such course work or
44 training because of the nature of [his or her] such dentist, registered
45 nurse, licensed practical nurse, podiatrist, optometrist, dental hygien-
46 ist, licensed nutritionist, and licensed dietitian nutritionist practice
47 or (ii) that [he or she] such dentist, registered nurse, licensed prac-
48 tical nurse, podiatrist, optometrist, dental hygienist, licensed nutri-
49 tionist, and licensed dietitian nutritionist has completed course work
50 or training deemed by the department to be equivalent to the course work
51 or training approved by the department pursuant to this section. The
52 department shall consult with organizations representative of
53 professions, institutions and those with expertise in infection control
54 and HIV, HBV, HCV and infections that could lead to sepsis with respect
55 to the regulatory standards promulgated pursuant to this section.
S. 9653 9
1 § 12. Paragraph a of subdivision 3 of section 6507 of the education
2 law, as amended by chapter 479 of the laws of 2022, 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, [or] certified behavior analyst assistant, licensed nutrition-
16 ist or licensed dietitian nutritionist 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 § 12-a. Paragraph a of subdivision 3 of section 6507 of the education
42 law, as amended by chapter 733 of the laws of 2023, is amended to read
43 as follows:
44 a. Establish standards for preprofessional and professional education,
45 experience and licensing examinations as required to implement the arti-
46 cle for each profession. Notwithstanding any other provision of law, the
47 commissioner shall establish standards requiring that all persons apply-
48 ing, on or after January first, nineteen hundred ninety-one, initially,
49 or for the renewal of, a license, registration or limited permit to be a
50 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
51 trist, psychiatrist, psychologist, licensed master social worker,
52 licensed clinical social worker, licensed creative arts therapist,
53 licensed marriage and family therapist, licensed mental health counse-
54 lor, licensed psychoanalyst, dental hygienist, licensed behavior
55 analyst, certified behavior analyst assistant, licensed nutritionist,
56 licensed dietitian nutritionist, or athletic trainer shall, in addition
S. 9653 10
1 to all the other licensure, certification or permit requirements, have
2 completed two hours of coursework or training regarding the identifica-
3 tion and reporting of child abuse and maltreatment. The coursework or
4 training shall be obtained from an institution or provider which has
5 been approved by the department to provide such coursework or training.
6 The coursework or training shall include information regarding the phys-
7 ical and behavioral indicators of child abuse and maltreatment and the
8 statutory reporting requirements set out in sections four hundred thir-
9 teen through four hundred twenty of the social services law, including
10 but not limited to, when and how a report must be made, what other
11 actions the reporter is mandated or authorized to take, the legal
12 protections afforded reporters, and the consequences for failing to
13 report. Such coursework or training may also include information regard-
14 ing the physical and behavioral indicators of the abuse of individuals
15 with developmental disabilities and voluntary reporting of abused or
16 neglected adults to the office for people with developmental disabili-
17 ties or the local adult protective services unit. Each applicant shall
18 provide the department with documentation showing that [he or she] such
19 applicant has completed the required training. The department shall
20 provide an exemption from the child abuse and maltreatment training
21 requirements to any applicant who requests such an exemption and who
22 shows, to the department's satisfaction, that there would be no need
23 because of the nature of [his or her] such applicant's practice for [him
24 or her] such applicant to complete such training;
25 § 13. Paragraph (a) of subdivision 1 of section 413 of the social
26 services law, as amended by section 7 of part C of chapter 57 of the
27 laws of 2018, is amended to read as follows:
28 (a) The following persons and officials are required to report or
29 cause a report to be made in accordance with this title when they have
30 reasonable cause to suspect that a child coming before them in their
31 professional or official capacity is an abused or maltreated child, or
32 when they have reasonable cause to suspect that a child is an abused or
33 maltreated child where the parent, guardian, custodian or other person
34 legally responsible for such child comes before them in their profes-
35 sional or official capacity and states from personal knowledge facts,
36 conditions or circumstances which, if correct, would render the child an
37 abused or maltreated child: any physician; registered physician assist-
38 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
39 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
40 psychologist; registered nurse; social worker; emergency medical techni-
41 cian; licensed creative arts therapist; licensed marriage and family
42 therapist; licensed mental health counselor; licensed psychoanalyst;
43 licensed behavior analyst; certified behavior analyst assistant;
44 licensed nutritionist; licensed dietitian nutritionist; hospital person-
45 nel engaged in the admission, examination, care or treatment of persons;
46 a Christian Science practitioner; school official, which includes but is
47 not limited to school teacher, school guidance counselor, school
48 psychologist, school social worker, school nurse, school administrator
49 or other school personnel required to hold a teaching or administrative
50 license or certificate; full or part-time compensated school employee
51 required to hold a temporary coaching license or professional coaching
52 certificate; social services worker; employee of a publicly-funded emer-
53 gency shelter for families with children; director of a children's over-
54 night camp, summer day camp or traveling summer day camp, as such camps
55 are defined in section thirteen hundred ninety-two of the public health
56 law; day care center worker; school-age child care worker; provider of
S. 9653 11
1 family or group family day care; employee or volunteer in a residential
2 care facility for children that is licensed, certified or operated by
3 the office of children and family services; or any other child care or
4 foster care worker; mental health professional; substance abuse counse-
5 lor; alcoholism counselor; all persons credentialed by the office of
6 alcoholism and substance abuse services; employees, who are expected to
7 have regular and substantial contact with children, of a health home or
8 health home care management agency contracting with a health home as
9 designated by the department of health and authorized under section
10 three hundred sixty-five-l of this chapter or such employees who provide
11 home and community based services under a demonstration program pursuant
12 to section eleven hundred fifteen of the federal social security act who
13 are expected to have regular and substantial contact with children;
14 peace officer; police officer; district attorney or assistant district
15 attorney; investigator employed in the office of a district attorney; or
16 other law enforcement official.
17 § 13-a. Paragraph (a) of subdivision 1 of section 413 of the social
18 services law, as amended by chapter 733 of the laws of 2023, is amended
19 to read as follows:
20 (a) The following persons and officials are required to report or
21 cause a report to be made in accordance with this title when they have
22 reasonable cause to suspect that a child coming before them in their
23 professional or official capacity is an abused or maltreated child, or
24 when they have reasonable cause to suspect that a child is an abused or
25 maltreated child where the parent, guardian, custodian or other person
26 legally responsible for such child comes before them in their profes-
27 sional or official capacity and states from personal knowledge facts,
28 conditions or circumstances which, if correct, would render the child an
29 abused or maltreated child: any physician; registered physician assist-
30 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
31 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
32 athletic trainer; psychologist; registered nurse; social worker; emer-
33 gency medical technician; licensed creative arts therapist; licensed
34 marriage and family therapist; licensed mental health counselor;
35 licensed psychoanalyst; licensed behavior analyst; certified behavior
36 analyst assistant; licensed nutritionist; licensed dietitian nutrition-
37 ist; hospital personnel engaged in the admission, examination, care or
38 treatment of persons; a Christian Science practitioner; school official,
39 which includes but is not limited to school teacher, school guidance
40 counselor, school psychologist, school social worker, school nurse,
41 school administrator or other school personnel required to hold a teach-
42 ing or administrative license or certificate; full or part-time compen-
43 sated school employee required to hold a temporary coaching license or
44 professional coaching certificate; social services worker; employee of a
45 publicly-funded emergency shelter for families with children; director
46 of a children's overnight camp, summer day camp or traveling summer day
47 camp, as such camps are defined in section thirteen hundred ninety-two
48 of the public health law; day care center worker; school-age child care
49 worker; provider of family or group family day care; employee or volun-
50 teer in a residential care facility for children that is licensed,
51 certified or operated by the office of children and family services; or
52 any other child care or foster care worker; mental health professional;
53 substance abuse counselor; alcoholism counselor; all persons creden-
54 tialed by the office of [alcoholism and substance abuse services]
55 addiction services and supports; employees, who are expected to have
56 regular and substantial contact with children, of a health home or
S. 9653 12
1 health home care management agency contracting with a health home as
2 designated by the department of health and authorized under section
3 three hundred sixty-five-l of this chapter or such employees who provide
4 home and community based services under a demonstration program pursuant
5 to section eleven hundred fifteen of the federal social security act who
6 are expected to have regular and substantial contact with children;
7 peace officer; police officer; district attorney or assistant district
8 attorney; investigator employed in the office of a district attorney; or
9 other law enforcement official.
10 § 14. Subdivision 5-a of section 488 of the social services law, as
11 amended by chapter 205 of the laws of 2014, is amended to read as
12 follows:
13 5-a. "Human services professional" shall mean any: physician; regis-
14 tered physician assistant; surgeon; medical examiner; coroner; dentist;
15 dental hygienist; osteopath; optometrist; chiropractor; podiatrist;
16 resident; intern; psychologist; registered nurse; licensed practical
17 nurse; nurse practitioner; social worker; emergency medical technician;
18 licensed creative arts therapist; licensed marriage and family thera-
19 pist; licensed mental health counselor; licensed psychoanalyst; licensed
20 behavior analyst; certified behavior analyst assistant; licensed
21 speech/language pathologist or audiologist; licensed physical therapist;
22 licensed occupational therapist; licensed nutritionist; licensed dieti-
23 tian nutritionist; hospital personnel engaged in the admission, examina-
24 tion, care or treatment of persons; Christian Science practitioner;
25 school official, which includes but is not limited to school teacher,
26 school guidance counselor, school psychologist, school social worker,
27 school nurse, school administrator or other school personnel required to
28 hold a teaching or administrative license or certificate; full or part-
29 time compensated school employee required to hold a temporary coaching
30 license or professional coaching certificate; social services worker;
31 any other child care or foster care worker; mental health professional;
32 person credentialed by the office of alcoholism and substance abuse
33 services; peace officer; police officer; district attorney or assistant
34 district attorney; investigator employed in the office of a district
35 attorney; or other law enforcement official.
36 § 15. This act shall take effect eighteen months after it shall have
37 become a law; provided, however, that the provisions of sections
38 eleven-a, twelve-a and thirteen-a of this act shall take effect on the
39 same date and in the same manner as chapter 733 of the laws of 2023
40 takes effect. Effective immediately, the addition, amendment and/or
41 repeal of any rule or regulation necessary for the implementation of
42 this act on its effective date are authorized to be made and completed
43 on or before such effective date.
