|SAME AS||SAME AS UNI. A05666|
|Amd SS8000, 8001, 8002, 8003, 8004, 8005 & 8006, add SS8007 & 8008, Ed L|
|Provides for the licensure of dietitians and nutritionists; defines the practice thereof.|
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STATE OF NEW YORK ________________________________________________________________________ S. 3556 A. 5666 2011-2012 Regular Sessions SENATE - ASSEMBLY February 25, 2011 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion IN ASSEMBLY -- Introduced by M. of A. CANESTRARI, GUNTHER, ENGLEBRIGHT, N. RIVERA, REILLY, MARKEY, SPANO, BURLING, LUPARDO, LAVINE, MAISEL, MONTESANO, MURRAY, SIMOTAS -- Multi-Sponsored by -- M. of A. ABBATE, CONTE, GABRYSZAK, GIBSON, MAYERSOHN, McENENY, McLAUGHLIN, NOLAN, PHEF- FER, P. RIVERA, TITONE, TOWNS, WEISENBERG -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08623-02-1S. 3556 2 A. 5666 1 public by providing for the licensure and regulation of the activities 2 of persons 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 7 dietitian/nutritionist" or "LDN". The general provision for all 8 professions contained in article one hundred thirty of this title shall 9 apply to this article. 10 § 3. Section 8001 of the education law, as added by chapter 635 of the 11 laws of 1991, is amended to read as follows: 12 § 8001. [ Definitions] Definition of the practice of dietetics and 13 nutrition. [ 1. Dietetics and nutrition are herein each defined as the14 integration and application of principles derived from the sciences of15 nutrition, biochemistry, physiology, food management and behavioral and16 social sciences to achieve and maintain people's health.17 2. Where the title "certified dietitian" or "certified nutritionist"18 is used in this article it shall mean "certified dietitian", "certified19 dietician", or "certified nutritionist".20 3. A certified dietitian or certified nutritionist is one who engages21 in the integration and application of principles derived from the22 sciences of nutrition, biochemistry, physiology, food management and23 behavioral and social sciences to achieve and maintain people's health,24 and who is certified as such by the department pursuant to section eight25 thousand four of this article. The primary function of a certified26 dietitian or certified nutritionist is the provision of nutrition care27 services that shall include:28 (a) Assessing nutrition needs and food patterns;29 (b) Planning for and directing the provision of food appropriate for30 physical and nutrition needs; and31 (c) Providing nutrition counseling.] The practice of dietetics and 32 nutrition is the application of medical nutrition therapy and a stand- 33 ardized nutrition care process, including nutrition assessment, nutri- 34 tion diagnosis, nutrition intervention, and nutrition evaluation and 35 monitoring for the prevention or treatment of nutrition related 36 illnesses, nourishment, and education of individuals and groups through- 37 out the lifecycle. 1. "Medical nutrition therapy" is an evidence based 38 application of the nutrition care process focused on prevention, delay 39 or management of diseases and conditions, and involves an in-depth 40 assessment, periodic reassessment and intervention. 41 2. "Nutrition diagnosis" in the context of the practice of dietetics 42 and nutrition means the identification and labeling of existing nutri- 43 tion problems expressed in terms of etiology, signs and symptoms. Nutri- 44 tion diagnosis is distinct from a medical diagnosis. 45 3. "Nutrition assessment" is a systematic approach to collect, record, 46 and interpret relevant data from patients, clients, family members, 47 caregivers, and other individuals and groups. Nutrition assessment is an 48 ongoing, dynamic process that involves initial data collection as well 49 as continual reassessment and analysis of the patient's/client's status 50 compared to specified criteria. 51 4. "Nutrition intervention" is a purposefully planned action, such as, 52 but not limited to, nutrition therapy or nutrition counseling, designed 53 to change nutrition related behaviors, risk factors, environmental 54 conditions or aspects of health status for individuals, groups, or the 55 community.S. 3556 3 A. 5666 1 § 4. Section 8002 of the education law, as added by chapter 635 of the 2 laws of 1991, is amended to read as follows: 3 § 8002. Use of titles. Only a person [ certified] licensed under this 4 article shall be authorized to use the title [ "certified dietitian",5 "certified dietician", or "certified nutritionist"] "licensed 6 dietitian/nutritionist" or "LDN". No person, firm, partnership or corpo- 7 ration claiming to be engaged in the practice of dietetics and nutrition 8 shall in any manner advertise, or place any advertisement for services 9 as defined in section eight thousand one of this article unless such 10 services are performed by a person licensed or authorized pursuant to 11 this article. 12 § 5. Section 8003 of the education law, as amended by chapter 282 of 13 the laws of 1992, is amended to read as follows: 14 § 8003. State board for dietetics and nutrition. A state board for 15 dietetics and nutrition shall be appointed by the board of regents, on 16 recommendation of the commissioner, for the purpose of assisting the 17 board of regents and the department on matters of [ certification] licen- 18 sure, practice and professional conduct in accordance with section 19 sixty-five hundred eight of this chapter. 20 The board shall consist of not less than [ thirteen] nine members, 21 [ ten] seven of whom shall be [ certified dietitians or certified nutri-22 tionists, except that the members of the first board need not be certi-23 fied but shall be persons who are eligible for certification under the24 provisions of this article prior to their appointment to the board] 25 licensed pursuant to this article. The [ first] board, with respect to 26 members representing the profession, shall consist of [ five] four 27 members registered by a national dietetic association having registra- 28 tion standards acceptable to the department and [ five] three members who 29 are [ members of or] registered by a national nutritional association 30 having [ membership and/or] registration standards acceptable to the 31 department. [ Thereafter, members of the profession appointed to such32 board shall be certified pursuant to this article.] To the extent 33 reasonable, the board of regents should insure the state board is broad- 34 ly representative of various [ professional interests] practice areas 35 within the dietetic and [ nutritional] nutrition community. [ Three36 members] One member shall be [ representatives] representative of the 37 general public and one member shall be a physician licensed under arti- 38 cle one hundred thirty-one of this title. Members of the first board 39 need not be licensed prior to their appointment to the board. The terms 40 of the first appointed members shall be staggered so that four are 41 appointed for three years, three are appointed for four years, and two 42 are appointed for five years. An executive secretary to the board shall 43 be appointed by the board of regents on the recommendation of the 44 commissioner. 45 § 6. Section 8004 of the education law, as added by chapter 635 of the 46 laws of 1991, subparagraph 2 of paragraph (a) of subdivision 2 and 47 subparagraph 2 of paragraph (b) of subdivision 2 and subdivision 3 as 48 amended by chapter 282 of the laws of 1992, is amended to read as 49 follows: 50 § 8004. Requirements for [ certification] professional license. To 51 qualify for [ certification] a license, an applicant shall fulfill the 52 following requirements: 53 1. File an application with the department; 54 2. [ (a)(1) Have received an education including a bachelor's degree,55 or its equivalent as determined by the department, in56 dietetics/nutrition or an equivalent major course of study which shallS. 3556 4 A. 5666 1 include appropriate core curriculum courses in dietetics/nutrition from2 an accredited college or university as approved by the department, in3 accordance with the commissioner's regulations; and4 (2) Have completed a planned, continuous, experience component, in5 accordance with the commissioner's regulations, in dietetic or nutrition6 practice under the supervision of a certified dietitian or certified7 nutritionist or a dietitian or nutritionist who is registered by or is a8 member of a national dietetic association or national nutrition associ-9 ation having registration or membership standards acceptable to the10 department; such experience shall be satisfactory to the board and in11 accordance with the commissioner's regulations; or12 (b)(1) Have received an education including an associates degree in13 dietetics or nutrition acceptable to the department,14 (2) In the last fifteen years have completed ten years of experience15 and education in the field of dietetics or nutrition satisfactory to the16 board in accordance with the commissioner's regulations. These ten years17 must be the full time equivalent of any combination of post secondary18 dietetic or nutrition education and dietetic or nutrition work experi-19 ence satisfactory to the board in accordance with the commissioner's20 regulations, and21 (3) Have obtained the endorsement of three dietitians or nutritionists22 acceptable to the department] Have received a bachelor's degree or high- 23 er in dietetics and nutrition, or a bachelor's degree or higher which 24 includes appropriate major course of study in dietetics and nutrition, 25 or a bachelor's degree or higher and post graduate completion of a major 26 course of study in dietetics and nutrition; from a program registered by 27 the department or determined by the department to be the substantial 28 equivalent, in accordance with the commissioner's regulations. Major 29 course of study in dietetics and nutrition shall include but not be 30 limited to such areas as human nutrition, nutrition education, food and 31 nutrition, dietetic or food systems and management which addresses the 32 practice of dietetics and nutrition under varying conditions of health 33 and disease, social, physical, psychological and economic status for 34 appropriate nutrition care; 35 3. Through December thirty-first, two thousand fifteen, complete at a 36 minimum nine hundred hours in the practice of dietetics and nutrition in 37 a planned, continuous, experience component under the supervision of an 38 individual licensed pursuant to this article, in accordance with the 39 commissioner's regulations; effective January first, two thousand 40 sixteen and thereafter, such experience shall include at a minimum 41 twelve hundred hours; 42 [ 3.] 4. Pass an examination satisfactory to the board and in accord- 43 ance with the commissioner's regulations; provided that such examination 44 shall test a level of knowledge and experience equivalent to that 45 obtained by an individual satisfactorily meeting the requirements of 46 [ paragraph (a) of subdivision] subdivisions two and three of this 47 section; 48 [ 4.] 5. Pay a fee of one hundred seventy-five dollars to the depart- 49 ment for admission to a department conducted examination and for initial 50 certification, a fee of eighty-five dollars for each reexamination, a 51 fee of one hundred fifteen dollars for an initial certification for 52 persons not requiring admission to a department conducted examination, a 53 fee of one hundred [ fifty-five] seventy-five dollars for each triennial 54 registration period; 55 [ 5.] 6. Be at least eighteen years of age; 56 7. Be of good moral character as determined by the department.S. 3556 5 A. 5666 1 § 7. Section 8005 of the education law, as added by chapter 635 of the 2 laws of 1991, is amended to read as follows: 3 § 8005. Special provisions. Nothing [ contained in this article shall4 be deemed to alter, modify or impair any conditions of employment relat-5 ing to service in the federal government, the state of New York, its6 political subdivisions, including school districts, or special districts7 and authorities or any facilities or institutions under the jurisdiction8 of or subject to the certification of any agency of the state of New9 York or its political subdivisions] in this article shall prohibit or 10 limit any state, county or municipal employee engaged in the practice of 11 dietetics and nutrition on the date the chapter of the laws of two thou- 12 sand eleven which amended this section takes effect for the period 13 during which they maintain such employment with such governmental unit 14 within the context of such employment and shall be limited to the 15 services provided upon such effective date, however, this section shall 16 not authorize the use of any title authorized pursuant to this article. 17 Provided however, that employees engaged in the practice of dietetics 18 and nutrition hired two years after such effective date shall be subject 19 to all the requirements of this article. 20 § 8. Section 8006 of the education law, as added by chapter 635 of the 21 laws of 1991 and subdivision 2 as amended by chapter 282 of the laws of 22 1992, is amended to read as follows: 23 § 8006. Special conditions. A person shall be [ certified] licensed 24 without examination provided that, within [ three years of the effective25 date of this article] one year of the effective date of the chapter of 26 the laws of two thousand eleven which amended this section, the individ- 27 ual: 28 1. files an application and pays the appropriate fees to the depart- 29 ment; and 30 [ 2.] (a) is currently certified under this article prior to the effec- 31 tive date of the chapter of the law of two thousand eleven which amended 32 this section; or 33 (b) is registered as a dietitian or nutritionist by a national dietet- 34 ic or national nutrition association having registration standards 35 acceptable to the department; and 36 [ (b)] 2. meets the requirements of [ subparagraph one of paragraph (a)37 of] subdivision two [ and subdivision five] of section eight thousand 38 four of this article [ and has been actively engaged in the provision of39 nutrition care services for a minimum of three years during the five40 years immediately preceding the effective date of this article; or41 (c) meets all the requirements of paragraph (b) of subdivision two and42 subdivision five of section eight thousand four of this article]. 43 § 9. The education law is amended by adding two new sections 8007 and 44 8008 to read as follows: 45 § 8007. Exemptions. This article shall not be construed to affect or 46 prevent: 47 1. A licensed physician from practicing his or her profession as 48 defined under articles one hundred thirty-one and one hundred thirty- 49 one-B of this title; a registered professional nurse or a certified 50 nurse practitioner practicing his or her profession as defined under 51 article one hundred thirty-nine of this title; or qualified members of 52 other professions licensed under this title from performing work inci- 53 dental to the practice of their professions, except that such persons 54 may not hold themselves out under the title authorized by this article; 55 2. An individual from engaging in the practice of dietetics or nutri- 56 tion while participating in the education or experience requirementsS. 3556 6 A. 5666 1 defined in subdivisions two and three of section eight thousand four of 2 this article; 3 3. Any person who does not hold himself or herself out to be licensed 4 pursuant to this article from furnishing general nutrition information 5 on food or dietary supplements; engaging in the explanation to customers 6 about food or food products in connection with the marketing and 7 distribution of those products; provided that nothing in this subdivi- 8 sion shall be deemed to authorize the provision of medical nutrition 9 therapy; and 10 4. A person from presenting a general program of instruction for 11 weight control provided the general program is approved in writing by a 12 licensed dietitian, a dietitian registered by the Commission of Dietetic 13 Registration of the American Dietetic Association or a licensed physi- 14 cian. 15 provided that, no title, sign, card or device shall be used in such 16 manner as to tend to convey the impression that the person rendering 17 such service is licensed pursuant to this article. 18 § 8008. Limited permit. The department shall issue a limited permit to 19 an applicant for licensure who has met all the requirements of section 20 eight thousand four of this article, but has not yet passed the examina- 21 tion. 1. The duration of a limited permit shall not exceed one year from 22 the time of its first issue and the department may for good cause renew 23 a limited permit provided that no applicant shall practice under any 24 limited permit for more than a total of two years. 25 2. All practice under a limited permit shall be under the supervision 26 of an individual licensed pursuant to this article except that prior to 27 the effective date of this section, and for a period of three years 28 following such effective date, in order to qualify as a supervisor such 29 individual need only be eligible for licensure. 30 3. The fee for each limited permit shall be seventy-five dollars. 31 § 10. This act shall take effect one year after it shall have become a 32 law; provided however, that effective immediately, the addition, amend- 33 ment and/or repeal of any rule or regulation necessary for the implemen- 34 tation of this act on its effective date is authorized and directed to 35 be made and completed by the department of education on or before such 36 effective date.