STATE OF NEW YORK
________________________________________________________________________
7316
2013-2014 Regular Sessions
IN ASSEMBLY
May 10, 2013
___________
Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to the licensure of
dietitians and nutritionists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declaration of purpose. The legis-
2 lature finds that the application of scientific knowledge relating to
3 nutrition is important in effective care, treatment and prevention of
4 disease or trauma and in the attainment and maintenance of health, and
5 acknowledges that the rendering and communication of sound dietetic and
6 nutrition services in hospitals, nursing homes, extended care and ambu-
7 latory care settings, school districts, health departments, private
8 practice and consultation, and in other settings requires trained and
9 competent professionals. The legislature further finds that it is neces-
10 sary in the provision of medical nutrition therapy for such profes-
11 sionals to be licensed under article 157 of the education law to ensure
12 quality care through a standardized nutrition care process, consisting
13 of a nutrition assessment, nutrition diagnosis, nutrition intervention
14 and the monitoring and evaluation of outcomes directly related to the
15 nutrition care process. Therefore, it is hereby declared to be the
16 purpose of this act to protect the health, safety, and welfare of the
17 public by providing for the licensure and regulation of the activities
18 of persons engaged in the practice of dietetics and nutrition.
19 § 2. Section 8000 of the education law, as added by chapter 635 of the
20 laws of 1991, is amended to read as follows:
21 § 8000. Introduction. This article applies to the use of the titles
22 ["certified dietitian" and "certified nutritionist"] "licensed
23 dietitian/nutritionist" or "LDN" and the practice of dietetics and
24 nutrition. The general provision for all professions contained in arti-
25 cle one hundred thirty of this title shall apply to this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10500-02-3
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1 § 3. Section 8001 of the education law, as added by chapter 635 of the
2 laws of 1991, is amended to read as follows:
3 § 8001. [Definitions] Dietetic and nutrition practice. [1. Dietetics
4 and nutrition are herein each defined as the integration and applica-
5 tion of principles derived from the sciences of nutrition, biochemistry,
6 physiology, food management and behavioral and social sciences to
7 achieve and maintain people's health.
8 2. Where the title "certified dietitian" or "certified nutritionist"
9 is used in this article it shall mean "certified dietitian", "certified
10 dietician", or "certified nutritionist".
11 3. A certified dietitian or certified nutritionist is one who engages
12 in the integration and application of principles derived from the
13 sciences of nutrition, biochemistry, physiology, food management and
14 behavioral and social sciences to achieve and maintain people's health,
15 and who is certified as such by the department pursuant to section eight
16 thousand four of this article. The primary function of a certified
17 dietitian or certified nutritionist is the provision of nutrition care
18 services that shall include:
19 (a) Assessing nutrition needs and food patterns;
20 (b) Planning for and directing the provision of food appropriate for
21 physical and nutrition needs; and
22 (c) Providing nutrition counseling.] Dietetic and nutrition practice
23 is the application of medical nutrition therapy and a standardized
24 nutrition care process, including nutrition assessment, nutrition diag-
25 nosis, nutrition intervention, and nutrition evaluation and monitoring
26 for the prevention or treatment of nutrition related illnesses, nourish-
27 ment, and education of individuals and groups throughout the lifecycle.
28 § 4. The education law is amended by adding a new section 8001-a to
29 read as follows:
30 § 8001-a. Definitions. For purposes of this article: 1. "Medical
31 nutrition therapy" is an evidence based application of the nutrition
32 care process focused on prevention, delay or management of diseases and
33 conditions, and involves an in-depth assessment, periodic reassessment
34 and intervention.
35 2. "Nutrition diagnosis" in the context of dietetics and nutrition
36 practice means the identification and labeling of existing nutrition
37 problems expressed in terms of etiology, signs and symptoms. Nutrition
38 diagnosis is distinct from a medical diagnosis.
39 3. "Nutrition assessment" means the systematic process of obtaining,
40 verifying, and interpreting biochemical, anthropometric, physical and
41 dietary data in order to make decisions about the nature and cause of
42 nutrition related problems. Nutrition assessment is an ongoing, dynamic
43 process that involves initial data collection, reassessment and analysis
44 of client or community needs and provides the foundation for nutrition
45 diagnosis and nutritional recommendations including enteral and paren-
46 teral nutrition. The mere collection of these data for use in a nutri-
47 tion assessment is not a nutrition assessment and does not require a
48 license in dietetics and nutrition as set forth in this article.
49 4. "Nutrition intervention" is a purposefully planned action, designed
50 to positively change nutrition related behavior, risk factor, environ-
51 mental condition or aspects of health status for individual, groups, or
52 the community.
53 § 5. Section 8002 of the education law, as added by chapter 635 of the
54 laws of 1991, is amended to read as follows:
55 § 8002. [Use] Authorization of [titles] title. Only a person [certi-
56 fied] licensed under this article shall be authorized to use the title
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1 ["certified dietitian", "certified dietician", or "certified nutrition-
2 ist"] "licensed dietitian/nutritionist" or "LDN".
3 § 6. Section 8003 of the education law, as amended by chapter 282 of
4 the laws of 1992, is amended to read as follows:
5 § 8003. State board for dietetics and nutrition. A state board for
6 dietetics and nutrition shall be appointed by the board of regents, on
7 recommendation of the commissioner, for the purpose of assisting the
8 board of regents and the department on matters of [certification] licen-
9 sure, practice and professional conduct in accordance with section
10 sixty-five hundred eight of this chapter.
11 The board shall consist of not less than [thirteen] nine members,
12 [ten] seven of whom shall be [certified dietitians or certified nutri-
13 tionists, except that the members of the first board need not be certi-
14 fied but shall be persons who are eligible for certification under the
15 provisions of this article prior to their appointment to the board]
16 licensed pursuant to this article. The [first] board, with respect to
17 members representing the profession, shall consist of [five] four
18 members [registered] credentialed by a national dietetic association
19 having [registration] credentialing standards acceptable to the depart-
20 ment and [five] three members who are [members of or registered] creden-
21 tialed by a national nutritional association having [membership and/or
22 registration] credentialing standards acceptable to the department.
23 [Thereafter, members of the profession appointed to such board shall be
24 certified pursuant to this article.] To the extent reasonable, the board
25 of regents should insure the state board is broadly representative of
26 various [professional interests] practice areas within the dietetic and
27 [nutritional] nutrition community. [Three members] One member shall be
28 [representatives] representative of the general public and one member
29 shall be a physician licensed under article one hundred thirty-one of
30 this title. An executive secretary to the board shall be appointed by
31 the board of regents on the recommendation of the commissioner.
32 § 7. Section 8004 of the education law, as added by chapter 635 of the
33 laws of 1991, subparagraph 2 of paragraph (a) of subdivision 2 and
34 subparagraph 2 of paragraph (b) of subdivision 2 and subdivision 3 as
35 amended by chapter 282 of the laws of 1992, is amended to read as
36 follows:
37 § 8004. Requirements for [certification] professional license. To
38 qualify for [certification] a license, an applicant shall fulfill the
39 following requirements:
40 1. File an application with the department;
41 2. [(a)(1) Have received an education including a bachelor's degree,
42 or its equivalent as determined by the department, in
43 dietetics/nutrition or an equivalent major course of study which shall
44 include appropriate core curriculum courses in dietetics/nutrition from
45 an accredited college or university as approved by the department, in
46 accordance with the commissioner's regulations; and
47 (2) Have completed a planned, continuous, experience component, in
48 accordance with the commissioner's regulations, in dietetic or nutrition
49 practice under the supervision of a certified dietitian or certified
50 nutritionist or a dietitian or nutritionist who is registered by or is a
51 member of a national dietetic association or national nutrition associ-
52 ation having registration or membership standards acceptable to the
53 department; such experience shall be satisfactory to the board and in
54 accordance with the commissioner's regulations; or
55 (b)(1) Have received an education including an associates degree in
56 dietetics or nutrition acceptable to the department,
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1 (2) In the last fifteen years have completed ten years of experience
2 and education in the field of dietetics or nutrition satisfactory to the
3 board in accordance with the commissioner's regulations. These ten years
4 must be the full time equivalent of any combination of post secondary
5 dietetic or nutrition education and dietetic or nutrition work experi-
6 ence satisfactory to the board in accordance with the commissioner's
7 regulations, and
8 (3) Have obtained the endorsement of three dietitians or nutritionists
9 acceptable to the department] Have received a bachelor's degree or high-
10 er which includes appropriate major course of study in dietetics and
11 nutrition, or a bachelor's degree or higher and post graduate completion
12 of a major course of study in dietetics and nutrition; from a program
13 registered by the department or determined by the department to be the
14 substantial equivalent, in accordance with the commissioner's regu-
15 lations. Major course of study in dietetics and nutrition shall include
16 but not be limited to such areas as human nutrition, nutrition educa-
17 tion, food and nutrition, dietetic or food systems and management which
18 addresses the practice of dietetics and nutrition under varying condi-
19 tions of health and disease, social, physical, psychological and econom-
20 ic status for appropriate nutrition care;
21 3. During the first two years after the effective date of this subdi-
22 vision, complete at a minimum, nine hundred hours in the practice of
23 dietetics and nutrition in a planned, continuous, accredited program
24 experience under the supervision of an individual licensed pursuant to
25 this article, in accordance with the commissioner's regulations; after
26 which and thereafter, such experience shall include at a minimum twelve
27 hundred hours;
28 a. an accredited experience program shall provide experience in a
29 variety of settings, which may include hospitals, clinics, corporations,
30 and public health programs and include a formal outcome evaluation of
31 competency in dietetics and nutrition practice.
32 b. practice in an accredited experience program shall be under the
33 supervision of a licensed dietitian/nutritionist, except prior to the
34 effective date of this subdivision a supervisor need only be certified
35 as a dietitian or nutritionist pursuant to this article prior to the
36 effective date of this subdivision or shall be credentialed by a
37 national dietetic credentialing organization or credentialed by a
38 national nutritional credentialing organization. Such national dietetic
39 credentialing organization or national nutrition credentialing organiza-
40 tion must be accredited by the national commission for certifying agen-
41 cies and approved by the department and have credentialing standards
42 substantially equivalent to standards set forth for licensure pursuant
43 to this article;
44 [3.] 4. Pass an examination satisfactory to the board and in accord-
45 ance with the commissioner's regulations; provided that such examination
46 shall test a level of knowledge and experience equivalent to that
47 obtained by an individual satisfactorily meeting the requirements of
48 [paragraph (a) of subdivision] subdivisions two and three of this
49 section;
50 [4.] 5. Pay a fee of one hundred seventy-five dollars to the depart-
51 ment for admission to a department conducted examination and for initial
52 certification, a fee of eighty-five dollars for each reexamination, a
53 fee of one hundred fifteen dollars for an initial certification for
54 persons not requiring admission to a department conducted examination, a
55 fee of one hundred [fifty-five] seventy-five dollars for each triennial
56 registration period;
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1 [5.] 6. Be at least eighteen years of age;
2 7. Be of good moral character as determined by the department.
3 § 8. Section 8005 of the education law, as added by chapter 635 of the
4 laws of 1991, is amended to read as follows:
5 § 8005. Special provisions. 1. Nothing [contained in this article
6 shall be deemed to alter, modify or impair any conditions of employment
7 relating to service in the federal government, the state of New York,
8 its political subdivisions, including school districts, or special
9 districts and authorities or any facilities or institutions under the
10 jurisdiction of or subject to the certification of any agency of the
11 state of New York or its political subdivisions] in this article shall
12 prohibit or limit any state, county or municipal employee engaged in the
13 practice of dietetics and nutrition on the date the chapter of the laws
14 of two thousand thirteen which amended this section takes effect for the
15 period during which they maintain such employment with such governmental
16 unit within the context of such employment and shall be limited to the
17 services provided upon such effective date, however, this section shall
18 not authorize the use of any title authorized pursuant to this article.
19 Provided however, that employees engaged in the practice of dietetics
20 and nutrition hired two years after such effective date shall be subject
21 to all the requirements of this article.
22 2. This article shall not prohibit dietetic and nutrition practice by
23 a corporation, provided that such practice is carried on by a licensed
24 dietitian/nutritionist or a person exempt under this article. A
25 violation of this subdivision shall be a class A misdemeanor.
26 § 9. Section 8006 of the education law, as added by chapter 635 of the
27 laws of 1991 and subdivision 2 as amended by chapter 282 of the laws of
28 1992, is amended to read as follows:
29 § 8006. Special conditions. [A person shall be certified without
30 examination provided that, within three years of the effective date of
31 this article, the individual:
32 1. files an application and pays the appropriate fees to the depart-
33 ment; and
34 2. (a) is registered as a dietitian or nutritionist by a national
35 dietetic or national nutrition association having registration standards
36 acceptable to the department;
37 (b) meets the requirements of subparagraph one of paragraph (a) of
38 subdivision two and subdivision five of section eight thousand four of
39 this article and has been actively engaged in the provision of nutrition
40 care services for a minimum of three years during the five years imme-
41 diately preceding the effective date of this article; or
42 (c) meets all the requirements of paragraph (b) of subdivision two and
43 subdivision five of section eight thousand four of this article.] Any
44 person who is licensed as a certified dietitian or a certified nutri-
45 tionist (CDN) on the effective date of the chapter of the laws of two
46 thousand thirteen which amended this section shall be licensed as a
47 licensed dietitian/nutritionist without meeting any additional require-
48 ments.
49 § 10. The education law is amended by adding two new sections 8007 and
50 8008 to read as follows:
51 § 8007. Exemptions. This article shall not be construed to affect or
52 prevent:
53 1. A licensed physician from practicing his or her profession as
54 defined under articles one hundred thirty-one and one hundred thirty-
55 one-B of this title; a registered professional nurse or a certified
56 nurse practitioner practicing his or her profession as defined under
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1 article one hundred thirty-nine of this title; or qualified members of
2 other professions licensed under this title from performing work inci-
3 dental to the practice of their professions, except that such persons
4 may not hold themselves out under the title authorized by this article;
5 2. An individual from engaging in the practice of dietetics or nutri-
6 tion while participating in the education or experience requirements
7 defined in subdivisions two and three of section eight thousand four of
8 this article;
9 3. Any person who does not hold himself or herself out to be licensed
10 pursuant to this article from furnishing general non-medical nutrition
11 information on food or dietary supplements; engaging in the explanation
12 to customers about food or food products in connection with the market-
13 ing and distribution of those products; provided that nothing in this
14 subdivision shall be deemed to authorize the provision of medical nutri-
15 tion therapy. For purposes of this subdivision,
16 "general non-medical nutrition information" means information on the
17 following: (a) "Principles of good nutrition and food preparation; (b)
18 Food to be included in the normal daily diet; (c) The essential nutri-
19 ents needed by the body; (d) Recommended amounts of the essential nutri-
20 ents, based on established standards; (e) The actions of nutrients on
21 the body; (f) The effects of deficiencies or excesses of nutrients; or
22 (g) Food and supplements that are good sources of essential nutrients;
23 and
24 4. A person from presenting a general program of instruction for
25 weight control provided the general program is approved in writing by a
26 licensed dietitian, a dietitian registered by the Commission of Dietetic
27 Registration of the American Dietetic Association or a licensed physi-
28 cian.
29 provided that, no title, sign, card or device shall be used in such
30 manner as to tend to convey the impression that the person rendering
31 such service is licensed pursuant to this article.
32 5. An individual employed by a WIC program as a "competent profes-
33 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing
34 nutrition services within such WIC program. For the purpose of the
35 subdivision the term "WIC program" shall mean a program authorized by 42
36 U.S.C. § 1786.
37 § 8008. Limited permit. The department shall issue a limited permit to
38 an applicant for licensure who has met all the requirements of section
39 eight thousand four of this article, but has not yet passed the examina-
40 tion. 1. The duration of a limited permit shall not exceed one year from
41 the time of its first issue and the department may for good cause renew
42 a limited permit provided that no applicant shall practice under any
43 limited permit for more than a total of two years.
44 2. All practice under a limited permit shall be under the supervision
45 of an individual licensed pursuant to this article.
46 3. The fee for each limited permit shall be seventy-five dollars.
47 § 11. This act shall take effect one year after it shall have become a
48 law; provided however, that effective immediately, the addition, amend-
49 ment and/or repeal of any rule or regulation necessary for the implemen-
50 tation of this act on its effective date is authorized and directed to
51 be made and completed by the department of education on or before such
52 effective date.
