STATE OF NEW YORK
________________________________________________________________________
2231--C
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
___________
Introduced by Sens. LAVALLE, AMEDORE, BROOKS, GALLIVAN -- read twice and
ordered printed, and when printed to be committed to the Committee on
Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the education law and the social services law, in
relation to the licensure of dietitians and nutritionists; and repeal-
ing certain provisions of the education law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declaration of purpose. The legis-
2 lature finds that the application of scientific knowledge relating to
3 dietetics and nutrition is important in effective care, treatment and
4 prevention of disease or trauma and in the attainment and maintenance of
5 health, and acknowledges that the rendering and communication of sound
6 dietetic and nutrition services in hospitals, nursing homes, extended
7 care and ambulatory care settings, school districts, health departments,
8 private practice and consultation, and in other settings requires
9 trained and competent professionals. The legislature further finds that
10 it is necessary in the provision of medical nutrition therapy, and ther-
11 apeutic diets, for such professionals to be licensed under article 157
12 of the education law to ensure quality nutrition care, consisting of a
13 nutrition assessment, nutrition diagnosis, nutrition intervention and
14 the monitoring and evaluation of outcomes directly related to the nutri-
15 tion care process. Therefore, it is hereby declared to be the purpose of
16 this act to protect the health, safety, and welfare of the public by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07866-06-8
S. 2231--C 2
1 providing for the licensure and regulation of the activities of persons
2 engaged in the practice of dietetics and nutrition.
3 § 2. Section 8000 of the education law, as added by chapter 635 of the
4 laws of 1991, is amended to read as follows:
5 § 8000. Introduction. This article applies to the use of the titles
6 ["certified dietitian" and "certified nutritionist"] "licensed nutri-
7 tionist" or "LN" and "licensed dietitian/nutritionist" or "LDN" and the
8 practice of dietetics and nutrition. The general provision for all
9 professions contained in article one hundred thirty of this title shall
10 apply to this article.
11 § 3. Section 8001 of the education law, as added by chapter 635 of the
12 laws of 1991, is amended to read as follows:
13 § 8001. [Definitions] Dietetic and nutrition practice. [1. Dietetics
14 and nutrition are herein each defined as the integration and applica-
15 tion of principles derived from the sciences of nutrition, biochemistry,
16 physiology, food management and behavioral and social sciences to
17 achieve and maintain people's health.
18 2. Where the title "certified dietitian" or "certified nutritionist"
19 is used in this article it shall mean "certified dietitian", "certified
20 dietician", or "certified nutritionist".
21 3. A certified dietitian or certified nutritionist is one who engages
22 in the integration and application of principles derived from the
23 sciences of nutrition, biochemistry, physiology, food management and
24 behavioral and social sciences to achieve and maintain people's health,
25 and who is certified as such by the department pursuant to section eight
26 thousand four of this article. The primary function of a certified
27 dietitian or certified nutritionist is the provision of nutrition care
28 services that shall include:
29 (a) Assessing nutrition needs and food patterns;
30 (b) Planning for and directing the provision of food appropriate for
31 physical and nutrition needs; and
32 (c) Providing nutrition counseling.]
33 1. Dietetic and nutrition practice is the application of medical
34 nutrition therapy and elements of nutrition care, which includes nutri-
35 tion assessment, nutrition diagnosis, diet or nutrition intervention,
36 counseling, evaluation and monitoring for the prevention or treatment of
37 nutrition related illnesses, nourishment and malnourishment.
38 2. A licensed nutritionist and licensed dietitian/nutritionist shall
39 have the authority, as necessary, and limited to the practice of dietet-
40 ics and nutrition, to order diagnostic tests and devices, and laboratory
41 tests, as established by the board in accordance with the commissioner's
42 regulations.
43 3. A licensed nutritionist and licensed dietitian/nutritionist may
44 order, write, review, evaluate, monitor and manage therapeutic diets
45 including enteral and parenteral diets.
46 § 4. The education law is amended by adding a new section 8001-a to
47 read as follows:
48 § 8001-a. Definitions. For purposes of this article: 1. "Medical
49 nutrition therapy" is an evidence based application of nutrition care
50 focused on prevention, delay or management of diseases and conditions,
51 and involves an in-depth assessment, intervention and periodic reassess-
52 ment.
53 2. "Nutrition diagnosis" in the context of dietetics and nutrition
54 practice means the identification and labeling of existing nutrition
55 problems expressed in terms of etiology, signs and symptoms. Nutrition
56 diagnosis is distinct from a medical diagnosis. Nothing in this section
S. 2231--C 3
1 shall authorize a licensed nutritionist or licensed
2 dietitian/nutritionist to make a medical diagnosis.
3 3. "Nutrition assessment" means the systematic process of obtaining,
4 verifying, and interpreting biochemical, anthropometric, nutrigenomic,
5 physical and dietary data in order to make decisions about the nature
6 and cause of nutrition related problems. The mere collection of these
7 data for use in a nutrition assessment is not a nutrition assessment and
8 does not require a license in dietetics and nutrition as set forth in
9 this article.
10 4. "Nutrition intervention" is a purposefully planned action, includ-
11 ing, but not limited to, the recommendation or ordering of food and
12 nutrition supplements designed to positively change nutrition related
13 behavior, risk factor, environmental condition or aspects of health
14 status for individuals, groups, or the community.
15 § 5. Section 8002 of the education law, as added by chapter 635 of the
16 laws of 1991, is amended to read as follows:
17 § 8002. [Use] Practice and authorization of titles. Only a person
18 [certified] licensed or otherwise authorized under this article shall
19 [be authorized to] practice dietetics and nutrition or use the title
20 ["certified dietitian", "certified dietician", or "certified nutrition-
21 ist"] "licensed nutritionist" or "LN" or "licensed
22 dietitian/nutritionist" or "LDN"; provided, however, that nothing in
23 this article shall prevent an individual from using any title obtained
24 from a national credentialing body.
25 § 6. Section 8003 of the education law, as amended by chapter 282 of
26 the laws of 1992, is amended to read as follows:
27 § 8003. State board for dietetics and nutrition. A state board for
28 dietetics and nutrition shall be appointed by the board of regents, on
29 recommendation of the commissioner, for the purpose of assisting the
30 board of regents and the department on matters of [certification] licen-
31 sure, practice and professional conduct in accordance with section
32 sixty-five hundred eight of this [chapter] title.
33 The board shall consist of not less than [thirteen] eleven members,
34 [ten] four of whom shall be [certified dietitians or certified nutri-
35 tionists, except that the members of the first board need not be certi-
36 fied but shall be persons who are eligible for certification under the
37 provisions of this article prior to their appointment to the board]
38 licensed dietitian/nutritionists and four of whom shall be licensed
39 nutritionists pursuant to this article. The [first] board, with respect
40 to members representing the profession, shall consist of [five] four
41 members [registered] credentialed by a national dietetic association
42 having [registration] credentialing standards acceptable to the depart-
43 ment and [five] four members who are [members of or registered] creden-
44 tialed by a national nutritional association having [membership and/or
45 registration] credentialing standards acceptable to the department;
46 provided, however, that no such credentialed member shall be also
47 credentialed by a national nutrition association, nor a national dietet-
48 ic association, respectively. [Thereafter, members of the profession
49 appointed to such board shall be certified pursuant to this article. To
50 the extent reasonable, the board of regents should insure the state
51 board is broadly representative of various professional interests within
52 the dietetic and nutritional community. Three members] Two members
53 shall be representatives of the general public and one member shall be a
54 physician licensed under article one hundred thirty-one of this title.
55 Such physician member shall not be a member of or credentialed by a
56 national dietetic or national nutrition association. An executive secre-
S. 2231--C 4
1 tary to the board shall be appointed by the board of regents on the
2 recommendation of the commissioner.
3 § 7. Section 8004 of the education law is REPEALED and a new section
4 8004 is added to read as follows:
5 § 8004. Requirements for professional license. 1. To qualify for a
6 license as a licensed nutritionist, an applicant shall fulfill the
7 following requirements:
8 (a) File an application with the department;
9 (b) Education:
10 (1) Have received a master's or doctoral degree in nutrition or a
11 nutrition-related science from a program registered by the department or
12 determined by the department to be the substantial equivalent, in
13 accordance with the commissioner's regulations; or a master's or
14 doctoral degree in a healthcare field from a program registered by the
15 department or determined by the department to be the substantial equiv-
16 alent, in accordance with the commissioner's regulations; and
17 (2) Have completed coursework covering content areas including but not
18 limited to:
19 (i) Biochemistry;
20 (ii) Metabolism in health and disease;
21 (iii) Anatomy and physiology;
22 (iv) Clinical and life sciences;
23 (v) Human nutrition, across the life cycle in health and disease;
24 (vi) Nutrition assessment and evaluation;
25 (vii) Medical nutrition therapy, planning and implementation;
26 (viii) Food content, safety and quality; and
27 (ix)Professional orientation and ethics.
28 (c) Experience:
29 (1) Complete a minimum of one thousand hours of supervised experience
30 relevant to the practice of dietetics and nutrition in a planned,
31 continuous experience satisfactory to the department and in accordance
32 with the commissioner's regulations. A practicum completed as part of a
33 graduate level program shall be considered supervised experience for the
34 purposes of this paragraph in accordance with the commissioner's regu-
35 lations.
36 (2) Supervised experience shall be under the supervision of an indi-
37 vidual with experience in the practice of dietetics and nutrition who is
38 licensed under this article or is a licensed healthcare professional
39 under this title, satisfactory to the department and in accordance with
40 the commissioner's regulations. Satisfactory experience obtained in an
41 entity operating under a waiver issued by the department pursuant to
42 section sixty-five hundred three-a of this title may be accepted by the
43 department notwithstanding that such experience may have been obtained
44 prior to the effective date of such section sixty-five hundred three-a
45 of this title and/or prior to the entity having obtained a waiver. The
46 department may, for good cause shown, accept satisfactory experience
47 that was obtained in a setting that would have been eligible for a waiv-
48 er but which has not obtained a waiver from the department or experience
49 that was obtained in good faith by the applicant under the belief that
50 appropriate authorization had been obtained for the experience, provided
51 that such experience meets all other requirements for acceptable experi-
52 ence.
53 (3) Experience obtained prior to the effective date of this section
54 shall have been supervised by a certified dietitian/nutritionist or by
55 an individual credentialed by or recognized as a supervisor by a
56 national dietetic credentialing organization or national nutritional
S. 2231--C 5
1 credentialing organization. Such national credentialing organizations
2 must be accredited by the national commission for certifying agencies,
3 and approved by the department as having credentialing standards
4 substantially equivalent to standards set forth for licensure pursuant
5 to this article.
6 (4) Experience shall be relevant to the practice of dietetics and
7 nutrition under varying conditions of health and disease, social, phys-
8 ical, psychological and economic status.
9 (d) Examination: Pass an examination satisfactory to the board and in
10 accordance with the commissioner's regulations; provided that such exam-
11 ination shall test a level of knowledge and experience equivalent to
12 that obtained by an individual satisfactorily meeting the requirements
13 of paragraphs (b) and (c) of this subdivision;
14 (e) Pay a fee of one hundred seventy-five dollars to the department
15 for admission to a department conducted examination and/or initial
16 certification, a fee of eighty-five dollars for each reexamination, a
17 fee of one hundred fifteen dollars for an initial certification for
18 persons not requiring admission to a department conducted examination, a
19 fee of one hundred seventy-five dollars for each triennial registration
20 period;
21 (f) Be at least eighteen years of age; and
22 (g) Be of good moral character as determined by the department.
23 2. To qualify for a license as a licensed dietitian/nutritionist, an
24 applicant shall fulfill the following requirements:
25 (a) File an application with the department;
26 (b) Education: Have received an education, including a bachelor's
27 degree or higher in dietetics and nutrition from a program registered
28 with the department, or determined by the department to be the substan-
29 tial equivalent thereof, in accordance with commissioner's regulations;
30 or post graduate completion of a graduate coursework in dietetics and
31 nutrition from a program registered by the department or determined by
32 the department to be the substantial equivalent thereof, in accordance
33 with the commissioner's regulations. The coursework in dietetics and
34 nutrition shall include but not be limited to the following areas:
35 (1) Physical and life sciences, including organic chemistry, biochem-
36 istry, physiology, genetics, microbiology, pharmacology, statistics,
37 nutrient metabolism and nutrition across the lifespan;
38 (2) Human behavior and diversity, such as psychology or sociology and
39 counseling methods;
40 (3) Professional practice and ethics;
41 (4) Nutrition care including Medical Nutrition Therapy, nutrition
42 diagnosis and enteral and parenteral nutrition;
43 (5) Role of environment, food, nutrition and lifestyle choices in
44 health promotion and disease prevention; and
45 (6) Principles of food science and food preparation, and food systems
46 management.
47 (c) Experience:
48 (1) Complete a minimum of one thousand hours of supervised experience
49 relevant to the practice of dietetics and nutrition in a planned,
50 continuous, experience program satisfactory to the department and in
51 accordance with the commissioner's regulations. A practicum completed as
52 part of an education program shall be considered supervised experience
53 for purposes of this paragraph in accordance with the commissioner's
54 regulations.
55 (2) Supervised experience shall be under the supervision of a licensed
56 dietitian/nutritionist licensed under this article. Satisfactory experi-
S. 2231--C 6
1 ence obtained in an entity operating under a waiver issued by the
2 department pursuant to section sixty-five hundred three-a of this title
3 may be accepted by the department notwithstanding that such experience
4 may have been obtained prior to the effective date of such section
5 sixty-five hundred three-a of this title and/or prior to the entity
6 having obtained a waiver. The department may, for good cause shown,
7 accept satisfactory experience that was obtained in a setting that would
8 have been eligible for a waiver but which has not obtained a waiver from
9 the department or experience that was obtained in good faith by the
10 applicant under the belief that appropriate authorization had been
11 obtained for the experience, provided that such experience meets all
12 other requirements for acceptable experience.
13 (3) Experience obtained prior to the effective date of this section
14 shall have been supervised by a certified dietitian/nutritionist or by
15 an individual credentialed by or recognized as a supervisor by a
16 national dietetic credentialing organization or national nutritional
17 credentialing organization. Such national credentialing organizations
18 must be accredited by the national commission for certifying agencies,
19 and approved by the department as having credentialing standards
20 substantially equivalent to standards set forth for licensure pursuant
21 to this article.
22 (4) Experience shall be relevant to the practice of dietetics and
23 nutrition under varying conditions of health and disease, social, phys-
24 ical, psychological and economic status.
25 (d) Examination: Pass an examination satisfactory to the board and in
26 accordance with the commissioner's regulations; provided that such exam-
27 ination shall test a level of knowledge and experience equivalent to
28 that obtained by an individual satisfactorily meeting the requirements
29 of paragraphs (b) and (c) of this subdivision;
30 (e) Pay a fee of one hundred seventy-five dollars to the department
31 for admission to a department conducted examination and/or initial
32 certification, a fee of eighty-five dollars for each reexamination, a
33 fee of one hundred fifteen dollars for an initial certification for
34 persons not requiring admission to a department conducted examination, a
35 fee of one hundred seventy-five dollars for each triennial registration
36 period;
37 (f) Be at least eighteen years of age; and
38 (g) Be of good moral character as determined by the department.
39 § 8. Section 8005 of the education law is REPEALED.
40 § 9. Section 8006 of the education law, as added by chapter 635 of the
41 laws of 1991 and subdivision 2 as amended by chapter 282 of the laws of
42 1992, is amended to read as follows:
43 § 8006. Special conditions. [A person shall be certified without
44 examination provided that, within three years of the effective date of
45 this article, the individual:
46 1. files an application and pays the appropriate fees to the depart-
47 ment; and
48 2. (a) is registered as a dietitian or nutritionist by a national
49 dietetic or national nutrition association having registration standards
50 acceptable to the department;
51 (b) meets the requirements of subparagraph one of paragraph (a) of
52 subdivision two and subdivision five of section eight thousand four of
53 this article and has been actively engaged in the provision of nutrition
54 care services for a minimum of three years during the five years imme-
55 diately preceding the effective date of this article; or
S. 2231--C 7
1 (c) meets all the requirements of paragraph (b) of subdivision two and
2 subdivision five of section eight thousand four of this article.] 1. Any
3 person who is licensed as a certified dietitian or a certified nutri-
4 tionist (CDN) on the effective date of the chapter of the laws of two
5 thousand eighteen, which amended this section, shall be licensed as a
6 licensed dietitian/nutritionist without meeting any additional require-
7 ments.
8 2. Any non-exempt person practicing the professions to be licensed
9 pursuant to this article shall apply for a license within one year of
10 the effective date of this section.
11 3. Any non-exempt person practicing the profession that meets the
12 requirements for a license, except for experience, as a licensed
13 dietitian/nutritionist as established in this article, such person shall
14 be eligible for a license as a dietitian/nutritionist until two years
15 after the effective date of this section if the applicant submits
16 evidence of having nine hundred hours of supervised experience satisfac-
17 tory to the department.
18 § 10. The education law is amended by adding four new sections 8007,
19 8008, 8009 and 8010 to read as follows:
20 § 8007. Exemptions. This article shall not be construed to affect or
21 prevent:
22 1. A licensed physician from practicing his or her profession as
23 defined under articles one hundred thirty-one and one hundred thirty-
24 one-B of this title; a registered professional nurse or a certified
25 nurse practitioner practicing his or her profession as defined under
26 article one hundred thirty-nine of this title; or qualified members of
27 other professions licensed under this title from performing work inci-
28 dental to the practice of their professions, except that such persons
29 may not hold themselves out under the title authorized by this article;
30 2. A student, intern or resident from engaging in the practice of
31 dietetics or nutrition while participating in the education or experi-
32 ence requirements defined in paragraphs (b) and (c) of subdivisions one
33 and two of section eight thousand four of this article;
34 3. Any person who does not hold himself or herself out to be licensed
35 pursuant to this article from furnishing to individuals or groups gener-
36 al non-medical nutrition information guidance, encouragement; or indi-
37 vidualized non-medical nutrition recommendations on food or dietary
38 supplements for the purpose of primary prevention or maintenance of good
39 health; or engaging in the explanation to customers about food or food
40 products in connection with the marketing and distribution of those
41 products; provided that nothing in this subdivision shall be deemed to
42 authorize the provision of medical nutrition therapy. For purposes of
43 this subdivision, "general non-medical nutrition information" and "indi-
44 vidualized non-medical nutrition recommendations" means information or
45 recommendations on the following: (a) Principles of good nutrition and
46 food preparation; (b) Food to be included in the normal daily diet; (c)
47 The essential nutrients needed by the body; (d) Recommended amounts of
48 the essential nutrients, based on established standards; (e) The actions
49 of nutrients on the body; (f) The effects of deficiencies or excesses of
50 nutrients; (g) Food and supplements that are good sources of essential
51 nutrients; or (h) Evidence based recommendations on nutrition and diet
52 to maintain good health and for the purposes of primary prevention;
53 4. A person who does not hold himself or herself out to be a licensed
54 dietitian/nutritionist or a licensed nutritionist from providing general
55 non-medical nutrition information and individualized non-medical recom-
S. 2231--C 8
1 mendations as defined in subdivision three of this section if employed
2 by or operating a health weight loss or fitness program;
3 5. An individual employed by a WIC program as a "competent profes-
4 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing
5 nutrition services within such WIC program. For the purpose of this
6 subdivision the term "WIC program" shall mean a program authorized by 42
7 U.S.C. § 1786; and
8 6. A diet or nutrition technician, as defined by the commissioner,
9 authorized by the department and under the direction and supervision of
10 a licensed dietitian/nutritionist or licensed nutritionist employed in a
11 hospital, including any diagnostic center, treatment center, or hospi-
12 tal-based outpatient department, residential health care facility or
13 nursing home or any facility as defined in section twenty-eight hundred
14 one of the public health law, a home care services agency licensed or
15 certified as defined in section twenty-eight hundred five-x of the
16 public health law, a hospice program certified pursuant to article forty
17 of the public health law, or an enhanced assisted living residence as
18 defined in section forty-six hundred fifty-one of the public health law
19 and certified and licensed pursuant to article forty-six-B of the public
20 health law. Such diet or nutrition technician shall be individuals who
21 have met standards, including those relating to education, examination,
22 character, and may include standards related to experience, as promul-
23 gated in regulations by the commissioner. Such individual shall be
24 subject to full disciplinary and regulatory authority of the board of
25 regents and the state education department, pursuant to this title, as
26 if such authorization were a professional license issued under this
27 article. The application fee for such authorization shall be established
28 in regulation by the department. Each authorized diet or nutrition tech-
29 nician shall register with the department every three years and shall
30 pay a registration fee established in regulation by the department.
31 § 8008. Limited permit. 1. The department shall issue a limited permit
32 to an applicant for licensure who has met the requirements of paragraph
33 (b) of subdivision two of section eight thousand four of this article.
34 2. The duration of a limited permit shall not exceed two years from
35 the time of its first issue and the department may for good cause renew
36 a limited permit for an additional one year provided that no applicant
37 shall practice under any limited permit for more than a total of three
38 years.
39 3. All practice under a limited permit shall be under the supervision
40 of individuals licensed pursuant to this article and meet the require-
41 ments of paragraph (c) of subdivision one or paragraph (c) of subdivi-
42 sion two of section eight thousand four of this article.
43 4. The fee for each limited permit shall be seventy-five dollars.
44 § 8009. Hospital privileges. Nothing herein contained shall be deemed
45 to authorize, grant, or extend hospital privileges to individuals
46 licensed under this article.
47 § 8010. Boundaries of professional competency. 1. It shall be deemed
48 practicing outside the boundaries of his or her professional competence
49 for a person licensed pursuant to this article, in the case of treatment
50 of any serious mental illness, to provide any mental health service for
51 such illness on a continuous and sustained basis without a medical eval-
52 uation of the illness by, and consultation with, a physician regarding
53 such illness. Such medical evaluation and consultation shall be to
54 determine and advise whether any medical care is indicated for such
55 illness. For purposes of this section, "serious mental illness" means
56 schizophrenia, schizoaffective disorder, bipolar disorder, major depres-
S. 2231--C 9
1 sive disorder, panic disorder, obsessive-compulsive disorder, atten-
2 tion-deficit hyperactivity disorder and autism.
3 2. Any individual whose license or authority to practice derives from
4 the provisions of this article shall be prohibited from:
5 (a) Prescribing or administering drugs as defined in this chapter as a
6 treatment, therapy, or professional service in the practice of his or
7 her profession; and
8 (b) Using invasive procedures as a treatment, therapy, or professional
9 service in the practice of his or her profession. For purposes of this
10 subdivision, "invasive procedure" means any procedure in which human
11 tissue is cut, altered, or otherwise infiltrated by mechanical or other
12 means. Invasive procedure includes surgery, lasers, ionizing radiation,
13 therapeutic ultrasound, or electroconvulsive therapy.
14 § 11. Subparagraph (i) of paragraph a of subdivision 1 of section
15 6503-a of the education law, as amended by chapter 554 of the laws of
16 2013, is amended to read as follows:
17 (i) services provided under article one hundred fifty-four, one
18 hundred fifty-seven, one hundred sixty-three or one hundred sixty-seven
19 of this title for which licensure would be required, or
20 § 12. Section 6505-b of the education law, as amended by chapter 477
21 of the laws of 2008, is amended to read as follows:
22 § 6505-b. Course work or training in infection control practices.
23 Every dentist, registered nurse, licensed practical nurse, podiatrist,
24 optometrist and dental hygienist, licensed nutritionist, and licensed
25 dietitian/nutritionist practicing in the state shall, on or before July
26 first, nineteen hundred ninety-four and every four years thereafter,
27 complete course work or training appropriate to the professional's prac-
28 tice approved by the department regarding infection control and barrier
29 precautions, including engineering and work practice controls, in
30 accordance with regulatory standards promulgated by the department, in
31 consultation with the department of health, which shall be consistent,
32 as far as appropriate, with such standards adopted by the department of
33 health pursuant to section two hundred thirty-nine of the public health
34 law to prevent the transmission of HIV, HBV or HCV in the course of
35 professional practice. Each such professional shall document to the
36 department at the time of registration commencing with the first regis-
37 tration after July first, nineteen hundred ninety-four that the profes-
38 sional has completed course work or training in accordance with this
39 section, provided, however that a professional subject to the provisions
40 of paragraph (f) of subdivision one of section twenty-eight hundred
41 five-k of the public health law shall not be required to so document.
42 The department shall provide an exemption from this requirement to
43 anyone who requests such an exemption and who (i) clearly demonstrates
44 to the department's satisfaction that there would be no need for him or
45 her to complete such course work or training because of the nature of
46 his or her practice or (ii) that he or she has completed course work or
47 training deemed by the department to be equivalent to the course work or
48 training approved by the department pursuant to this section. The
49 department shall consult with organizations representative of
50 professions, institutions and those with expertise in infection control
51 and HIV, HBV and HCV with respect to the regulatory standards promulgat-
52 ed pursuant to this section.
53 § 13. Section 6505-b of the education law, as amended by chapter 347
54 of the laws of 2017, is amended to read as follows:
55 § 6505-b. Course work or training in infection control practices.
56 Every dentist, registered nurse, licensed practical nurse, podiatrist,
S. 2231--C 10
1 optometrist and dental hygienist, licensed nutritionist, and licensed
2 dietitian/nutritionist practicing in the state shall, on or before July
3 first, nineteen hundred ninety-four and every four years thereafter,
4 complete course work or training appropriate to the professional's prac-
5 tice approved by the department regarding infection control, which shall
6 include sepsis, and barrier precautions, including engineering and work
7 practice controls, in accordance with regulatory standards promulgated
8 by the department, in consultation with the department of health, which
9 shall be consistent, as far as appropriate, with such standards adopted
10 by the department of health pursuant to section two hundred thirty-nine
11 of the public health law to prevent the transmission of HIV, HBV, HCV
12 and sepsis in the course of professional practice. Each such profes-
13 sional shall document to the department at the time of registration
14 commencing with the first registration after July first, nineteen
15 hundred ninety-four that the professional has completed course work or
16 training in accordance with this section, provided, however that a
17 professional subject to the provisions of paragraph (f) of subdivision
18 one of section twenty-eight hundred five-k of the public health law
19 shall not be required to so document. The department shall provide an
20 exemption from this requirement to anyone who requests such an exemption
21 and who (i) clearly demonstrates to the department's satisfaction that
22 there would be no need for him or her to complete such course work or
23 training because of the nature of his or her practice or (ii) that he or
24 she has completed course work or training deemed by the department to be
25 equivalent to the course work or training approved by the department
26 pursuant to this section. The department shall consult with organiza-
27 tions representative of professions, institutions and those with exper-
28 tise in infection control and HIV, HBV, HCV and sepsis with respect to
29 the regulatory standards promulgated pursuant to this section.
30 § 14. Paragraph a of subdivision 3 of section 6507 of the education
31 law, as amended by chapter 554 of the laws of 2013, is amended to read
32 as follows:
33 a. Establish standards for preprofessional and professional education,
34 experience and licensing examinations as required to implement the arti-
35 cle for each profession. Notwithstanding any other provision of law, the
36 commissioner shall establish standards requiring that all persons apply-
37 ing, on or after January first, nineteen hundred ninety-one, initially,
38 or for the renewal of, a license, registration or limited permit to be a
39 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
40 trist, psychiatrist, psychologist, licensed master social worker,
41 licensed clinical social worker, licensed creative arts therapist,
42 licensed marriage and family therapist, licensed mental health counse-
43 lor, licensed psychoanalyst, dental hygienist, licensed behavior
44 analyst, [or] certified behavior analyst assistant or licensed nutri-
45 tionist or licensed dietician/nutritionist shall, in addition to all the
46 other licensure, certification or permit requirements, have completed
47 two hours of coursework or training regarding the identification and
48 reporting of child abuse and maltreatment. The coursework or training
49 shall be obtained from an institution or provider which has been
50 approved by the department to provide such coursework or training. The
51 coursework or training shall include information regarding the physical
52 and behavioral indicators of child abuse and maltreatment and the statu-
53 tory reporting requirements set out in sections four hundred thirteen
54 through four hundred twenty of the social services law, including but
55 not limited to, when and how a report must be made, what other actions
56 the reporter is mandated or authorized to take, the legal protections
S. 2231--C 11
1 afforded reporters, and the consequences for failing to report. Such
2 coursework or training may also include information regarding the phys-
3 ical and behavioral indicators of the abuse of individuals with mental
4 retardation and other developmental disabilities and voluntary reporting
5 of abused or neglected adults to the office of mental retardation and
6 developmental disabilities or the local adult protective services unit.
7 Each applicant shall provide the department with documentation showing
8 that he or she has completed the required training. The department shall
9 provide an exemption from the child abuse and maltreatment training
10 requirements to any applicant who requests such an exemption and who
11 shows, to the department's satisfaction, that there would be no need
12 because of the nature of his or her practice for him or her to complete
13 such training;
14 § 15. Paragraph (a) of subdivision 1 of section 413 of the social
15 services law, as amended by section 2 of part Q of chapter 56 of the
16 laws of 2017, is amended to read as follows:
17 (a) The following persons and officials are required to report or
18 cause a report to be made in accordance with this title when they have
19 reasonable cause to suspect that a child coming before them in their
20 professional or official capacity is an abused or maltreated child, or
21 when they have reasonable cause to suspect that a child is an abused or
22 maltreated child where the parent, guardian, custodian or other person
23 legally responsible for such child comes before them in their profes-
24 sional or official capacity and states from personal knowledge facts,
25 conditions or circumstances which, if correct, would render the child an
26 abused or maltreated child: any physician; registered physician assist-
27 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
28 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
29 psychologist; registered nurse; social worker; emergency medical techni-
30 cian; licensed creative arts therapist; licensed marriage and family
31 therapist; licensed mental health counselor; licensed psychoanalyst;
32 licensed behavior analyst; certified behavior analyst assistant;
33 licensed nutritionist; licensed dietitian/nutritionist; hospital person-
34 nel engaged in the admission, examination, care or treatment of persons;
35 a Christian Science practitioner; school official, which includes but is
36 not limited to school teacher, school guidance counselor, school
37 psychologist, school social worker, school nurse, school administrator
38 or other school personnel required to hold a teaching or administrative
39 license or certificate; full or part-time compensated school employee
40 required to hold a temporary coaching license or professional coaching
41 certificate; social services worker; employee of a publicly-funded emer-
42 gency shelter for families with children; director of a children's over-
43 night camp, summer day camp or traveling summer day camp, as such camps
44 are defined in section thirteen hundred ninety-two of the public health
45 law; day care center worker; school-age child care worker; provider of
46 family or group family day care; employee or volunteer in a residential
47 care facility for children that is licensed, certified or operated by
48 the office of children and family services; or any other child care or
49 foster care worker; mental health professional; substance abuse counse-
50 lor; alcoholism counselor; all persons credentialed by the office of
51 alcoholism and substance abuse services; peace officer; police officer;
52 district attorney or assistant district attorney; investigator employed
53 in the office of a district attorney; or other law enforcement official.
54 § 16. Subdivision 5-a of section 488 of the social services law, as
55 amended by chapter 205 of the laws of 2014, is amended to read as
56 follows:
S. 2231--C 12
1 5-a. "Human services professional" shall mean any: physician; regis-
2 tered physician assistant; surgeon; medical examiner; coroner; dentist;
3 dental hygienist; osteopath; optometrist; chiropractor; podiatrist;
4 resident; intern; psychologist; registered nurse; licensed practical
5 nurse; nurse practitioner; social worker; emergency medical technician;
6 licensed creative arts therapist; licensed marriage and family thera-
7 pist; licensed mental health counselor; licensed psychoanalyst; licensed
8 behavior analyst; certified behavior analyst assistant; licensed
9 speech/language pathologist or audiologist; licensed physical therapist;
10 licensed occupational therapist; licensed nutritionist; licensed
11 dietitian/nutritionist; hospital personnel engaged in the admission,
12 examination, care or treatment of persons; Christian Science practition-
13 er; school official, which includes but is not limited to school teach-
14 er, school guidance counselor, school psychologist, school social work-
15 er, school nurse, school administrator or other school personnel
16 required to hold a teaching or administrative license or certificate;
17 full or part-time compensated school employee required to hold a tempo-
18 rary coaching license or professional coaching certificate; social
19 services worker; any other child care or foster care worker; mental
20 health professional; person credentialed by the office of alcoholism and
21 substance abuse services; peace officer; police officer; district attor-
22 ney or assistant district attorney; investigator employed in the office
23 of a district attorney; or other law enforcement official.
24 § 17. This act shall take effect one year after it shall have become a
25 law; provided however, that:
26 1. effective immediately, the addition, amendment and/or repeal of any
27 rule or regulation necessary for the implementation of this act on its
28 effective date are authorized and directed to be made and completed by
29 the department of education on or before such effective date; and
30 2. provided, however, that if chapter 347 of the laws of 2017 shall
31 not have taken effect on or before such date then section thirteen of
32 this act shall take effect on the same date and in the same manner as
33 such chapter of the laws of 2017, takes effect.
