STATE OF NEW YORK
________________________________________________________________________
5442
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
___________
Introduced by Sens. GAUGHRAN, LAVALLE -- 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 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
17 providing for the licensure and regulation of the activities of persons
18 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 nutri-
23 tionist" or "LN" and "licensed dietitian/nutritionist" or "LDN" and the
24 practice of dietetics and nutrition. The general provision for all
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11273-01-9
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1 professions contained in article one hundred thirty of this title shall
2 apply to this article.
3 § 3. Section 8001 of the education law, as added by chapter 635 of the
4 laws of 1991, is amended to read as follows:
5 § 8001. [Definitions] Dietetic and nutrition practice. [1. Dietetics
6 and nutrition are herein each defined as the integration and applica-
7 tion of principles derived from the sciences of nutrition, biochemistry,
8 physiology, food management and behavioral and social sciences to
9 achieve and maintain people's health.
10 2. Where the title "certified dietitian" or "certified nutritionist"
11 is used in this article it shall mean "certified dietitian", "certified
12 dietician", or "certified nutritionist".
13 3. A certified dietitian or certified nutritionist is one who engages
14 in the integration and application of principles derived from the
15 sciences of nutrition, biochemistry, physiology, food management and
16 behavioral and social sciences to achieve and maintain people's health,
17 and who is certified as such by the department pursuant to section eight
18 thousand four of this article. The primary function of a certified
19 dietitian or certified nutritionist is the provision of nutrition care
20 services that shall include:
21 (a) Assessing nutrition needs and food patterns;
22 (b) Planning for and directing the provision of food appropriate for
23 physical and nutrition needs; and
24 (c) Providing nutrition counseling.]
25 1. Dietetic and nutrition practice is the application of medical
26 nutrition therapy and elements of nutrition care, which includes nutri-
27 tion assessment, nutrition diagnosis, diet or nutrition intervention,
28 counseling, evaluation and monitoring for the prevention or treatment of
29 nutrition related illnesses, nourishment and malnourishment.
30 2. A licensed nutritionist and licensed dietitian/nutritionist shall
31 have the authority, as necessary, and limited to the practice of dietet-
32 ics and nutrition, to order diagnostic tests and devices, and laboratory
33 tests, as established by the board in accordance with the commissioner's
34 regulations.
35 3. A licensed nutritionist and licensed dietitian/nutritionist may
36 order, write, review, evaluate, monitor and manage therapeutic diets
37 including enteral and parenteral diets.
38 § 4. The education law is amended by adding a new section 8001-a to
39 read as follows:
40 § 8001-a. Definitions. For purposes of this article: 1. "Medical
41 nutrition therapy" is an evidence based application of nutrition care
42 focused on prevention, delay or management of diseases and conditions,
43 and involves an in-depth assessment, intervention and periodic reassess-
44 ment.
45 2. "Nutrition diagnosis" in the context of dietetics and nutrition
46 practice means the identification and labeling of existing nutrition
47 problems expressed in terms of etiology, signs and symptoms. Nutrition
48 diagnosis is distinct from a medical diagnosis. Nothing in this section
49 shall authorize a licensed nutritionist or licensed
50 dietitian/nutritionist to make a medical diagnosis.
51 3. "Nutrition assessment" means the systematic process of obtaining,
52 verifying, and interpreting biochemical, anthropometric, nutrigenomic,
53 physical and dietary data in order to make decisions about the nature
54 and cause of nutrition related problems. The mere collection of these
55 data for use in a nutrition assessment is not a nutrition assessment and
S. 5442 3
1 does not require a license in dietetics and nutrition as set forth in
2 this article.
3 4. "Nutrition intervention" is a purposefully planned action, includ-
4 ing, but not limited to, the recommendation or ordering of food and
5 nutrition supplements designed to positively change nutrition related
6 behavior, risk factor, environmental condition or aspects of health
7 status for individuals, groups, or the community.
8 § 5. Section 8002 of the education law, as added by chapter 635 of the
9 laws of 1991, is amended to read as follows:
10 § 8002. [Use] Practice and authorization of titles. Only a person
11 [certified] licensed or otherwise authorized under this article shall
12 [be authorized to] practice dietetics and nutrition or use the title
13 ["certified dietitian", "certified dietician", or "certified nutrition-
14 ist"] "licensed nutritionist" or "LN" or "licensed
15 dietitian/nutritionist" or "LDN"; provided, however, that nothing in
16 this article shall prevent an individual from using any title obtained
17 from a national credentialing body.
18 § 6. Section 8003 of the education law, as amended by chapter 282 of
19 the laws of 1992, is amended to read as follows:
20 § 8003. State board for dietetics and nutrition. A state board for
21 dietetics and nutrition shall be appointed by the board of regents, on
22 recommendation of the commissioner, for the purpose of assisting the
23 board of regents and the department on matters of [certification] licen-
24 sure, practice and professional conduct in accordance with section
25 sixty-five hundred eight of this [chapter] title.
26 The board shall consist of not less than [thirteen] eleven members,
27 [ten] four of whom shall be [certified dietitians or certified nutri-
28 tionists, except that the members of the first board need not be certi-
29 fied but shall be persons who are eligible for certification under the
30 provisions of this article prior to their appointment to the board]
31 licensed dietitian/nutritionists and four of whom shall be licensed
32 nutritionists pursuant to this article. The [first] board, with respect
33 to members representing the profession, shall consist of [five] four
34 members [registered] credentialed by a national dietetic association
35 having [registration] credentialing standards acceptable to the depart-
36 ment and [five] four members who are [members of or registered] creden-
37 tialed by a national nutritional association having [membership and/or
38 registration] credentialing standards acceptable to the department;
39 provided, however, that no such credentialed member shall be also
40 credentialed by a national nutrition association, nor a national dietet-
41 ic association, respectively. [Thereafter, members of the profession
42 appointed to such board shall be certified pursuant to this article. To
43 the extent reasonable, the board of regents should insure the state
44 board is broadly representative of various professional interests within
45 the dietetic and nutritional community. Three members] Two members
46 shall be representatives of the general public and one member shall be a
47 physician licensed under article one hundred thirty-one of this title.
48 Such physician member shall not be a member of or credentialed by a
49 national dietetic or national nutrition association. An executive secre-
50 tary to the board shall be appointed by the board of regents on the
51 recommendation of the commissioner.
52 § 7. Section 8004 of the education law is REPEALED and a new section
53 8004 is added to read as follows:
54 § 8004. Requirements for professional license. 1. To qualify for a
55 license as a licensed nutritionist, an applicant shall fulfill the
56 following requirements:
S. 5442 4
1 (a) File an application with the department;
2 (b) Education:
3 (1) Have received a master's or doctoral degree in nutrition or a
4 nutrition-related science from a program registered by the department or
5 determined by the department to be the substantial equivalent, in
6 accordance with the commissioner's regulations; or a master's or
7 doctoral degree in a healthcare field from a program registered by the
8 department or determined by the department to be the substantial equiv-
9 alent, in accordance with the commissioner's regulations; and
10 (2) Have completed coursework covering content areas including but not
11 limited to:
12 (i) Biochemistry;
13 (ii) Metabolism in health and disease;
14 (iii) Anatomy and physiology;
15 (iv) Clinical and life sciences;
16 (v) Human nutrition, across the life cycle in health and disease;
17 (vi) Nutrition assessment and evaluation;
18 (vii) Medical nutrition therapy, planning and implementation;
19 (viii) Food content, safety and quality; and
20 (ix)Professional orientation and ethics.
21 (c) Experience:
22 (1) Complete a minimum of one thousand hours of supervised experience
23 relevant to the practice of dietetics and nutrition in a planned,
24 continuous experience satisfactory to the department and in accordance
25 with the commissioner's regulations. A practicum completed as part of a
26 graduate level program shall be considered supervised experience for the
27 purposes of this paragraph in accordance with the commissioner's regu-
28 lations.
29 (2) Supervised experience shall be under the supervision of an indi-
30 vidual with experience in the practice of dietetics and nutrition who is
31 licensed under this article or is a licensed healthcare professional
32 under this title, satisfactory to the department and in accordance with
33 the commissioner's regulations. Satisfactory experience obtained in an
34 entity operating under a waiver issued by the department pursuant to
35 section sixty-five hundred three-a of this title may be accepted by the
36 department notwithstanding that such experience may have been obtained
37 prior to the effective date of such section sixty-five hundred three-a
38 of this title and/or prior to the entity having obtained a waiver. The
39 department may, for good cause shown, accept satisfactory experience
40 that was obtained in a setting that would have been eligible for a waiv-
41 er but which has not obtained a waiver from the department or experience
42 that was obtained in good faith by the applicant under the belief that
43 appropriate authorization had been obtained for the experience, provided
44 that such experience meets all other requirements for acceptable experi-
45 ence.
46 (3) Experience obtained prior to the effective date of this section
47 shall have been supervised by a certified dietitian/nutritionist or by
48 an individual credentialed by or recognized as a supervisor by a
49 national dietetic credentialing organization or national nutritional
50 credentialing organization. Such national credentialing organizations
51 must be accredited by the national commission for certifying agencies,
52 and approved by the department as having credentialing standards
53 substantially equivalent to standards set forth for licensure pursuant
54 to this article.
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1 (4) Experience shall be relevant to the practice of dietetics and
2 nutrition under varying conditions of health and disease, social, phys-
3 ical, psychological and economic status.
4 (d) Examination: Pass an examination satisfactory to the board and in
5 accordance with the commissioner's regulations; provided that such exam-
6 ination shall test a level of knowledge and experience equivalent to
7 that obtained by an individual satisfactorily meeting the requirements
8 of paragraphs (b) and (c) of this subdivision;
9 (e) Pay a fee of one hundred seventy-five dollars to the department
10 for admission to a department conducted examination and/or initial
11 certification, a fee of eighty-five dollars for each reexamination, a
12 fee of one hundred fifteen dollars for an initial certification for
13 persons not requiring admission to a department conducted examination, a
14 fee of one hundred seventy-five dollars for each triennial registration
15 period;
16 (f) Be at least eighteen years of age; and
17 (g) Be of good moral character as determined by the department.
18 2. To qualify for a license as a licensed dietitian/nutritionist, an
19 applicant shall fulfill the following requirements:
20 (a) File an application with the department;
21 (b) Education: Have received an education, including a bachelor's
22 degree or higher in dietetics and nutrition from a program registered
23 with the department, or determined by the department to be the substan-
24 tial equivalent thereof, in accordance with commissioner's regulations;
25 or post graduate completion of a graduate coursework in dietetics and
26 nutrition from a program registered by the department or determined by
27 the department to be the substantial equivalent thereof, in accordance
28 with the commissioner's regulations. The coursework in dietetics and
29 nutrition shall include but not be limited to the following areas:
30 (1) Physical and life sciences, including organic chemistry, biochem-
31 istry, physiology, genetics, microbiology, pharmacology, statistics,
32 nutrient metabolism and nutrition across the lifespan;
33 (2) Human behavior and diversity, such as psychology or sociology and
34 counseling methods;
35 (3) Professional practice and ethics;
36 (4) Nutrition care including Medical Nutrition Therapy, nutrition
37 diagnosis and enteral and parenteral nutrition;
38 (5) Role of environment, food, nutrition and lifestyle choices in
39 health promotion and disease prevention; and
40 (6) Principles of food science and food preparation, and food systems
41 management.
42 (c) Experience:
43 (1) Complete a minimum of one thousand hours of supervised experience
44 relevant to the practice of dietetics and nutrition in a planned,
45 continuous, experience program satisfactory to the department and in
46 accordance with the commissioner's regulations. A practicum completed as
47 part of an education program shall be considered supervised experience
48 for purposes of this paragraph in accordance with the commissioner's
49 regulations.
50 (2) Supervised experience shall be under the supervision of a licensed
51 dietitian/nutritionist licensed under this article. Satisfactory experi-
52 ence obtained in an entity operating under a waiver issued by the
53 department pursuant to section sixty-five hundred three-a of this title
54 may be accepted by the department notwithstanding that such experience
55 may have been obtained prior to the effective date of such section
56 sixty-five hundred three-a of this title and/or prior to the entity
S. 5442 6
1 having obtained a waiver. The department may, for good cause shown,
2 accept satisfactory experience that was obtained in a setting that would
3 have been eligible for a waiver but which has not obtained a waiver from
4 the department or experience that was obtained in good faith by the
5 applicant under the belief that appropriate authorization had been
6 obtained for the experience, provided that such experience meets all
7 other requirements for acceptable experience.
8 (3) Experience obtained prior to the effective date of this section
9 shall have been supervised by a certified dietitian/nutritionist or by
10 an individual credentialed by or recognized as a supervisor by a
11 national dietetic credentialing organization or national nutritional
12 credentialing organization. Such national credentialing organizations
13 must be accredited by the national commission for certifying agencies,
14 and approved by the department as having credentialing standards
15 substantially equivalent to standards set forth for licensure pursuant
16 to this article.
17 (4) Experience shall be relevant to the practice of dietetics and
18 nutrition under varying conditions of health and disease, social, phys-
19 ical, psychological and economic status.
20 (d) Examination: Pass an examination satisfactory to the board and in
21 accordance with the commissioner's regulations; provided that such exam-
22 ination shall test a level of knowledge and experience equivalent to
23 that obtained by an individual satisfactorily meeting the requirements
24 of paragraphs (b) and (c) of this subdivision;
25 (e) Pay a fee of one hundred seventy-five dollars to the department
26 for admission to a department conducted examination and/or initial
27 certification, a fee of eighty-five dollars for each reexamination, a
28 fee of one hundred fifteen dollars for an initial certification for
29 persons not requiring admission to a department conducted examination, a
30 fee of one hundred seventy-five dollars for each triennial registration
31 period;
32 (f) Be at least eighteen years of age; and
33 (g) Be of good moral character as determined by the department.
34 § 8. Section 8005 of the education law is REPEALED.
35 § 9. Section 8006 of the education law, as added by chapter 635 of the
36 laws of 1991 and subdivision 2 as amended by chapter 282 of the laws of
37 1992, is amended to read as follows:
38 § 8006. Special conditions. [A person shall be certified without
39 examination provided that, within three years of the effective date of
40 this article, the individual:
41 1. files an application and pays the appropriate fees to the depart-
42 ment; and
43 2. (a) is registered as a dietitian or nutritionist by a national
44 dietetic or national nutrition association having registration standards
45 acceptable to the department;
46 (b) meets the requirements of subparagraph one of paragraph (a) of
47 subdivision two and subdivision five of section eight thousand four of
48 this article and has been actively engaged in the provision of nutrition
49 care services for a minimum of three years during the five years imme-
50 diately preceding the effective date of this article; or
51 (c) meets all the requirements of paragraph (b) of subdivision two and
52 subdivision five of section eight thousand four of this article.]
53 1. Any person who is licensed as a certified dietitian or a certified
54 nutritionist (CDN) on the effective date of the chapter of the laws of
55 two thousand eighteen, which amended this section, shall be licensed as
S. 5442 7
1 a licensed dietitian/nutritionist without meeting any additional
2 requirements.
3 2. Any non-exempt person practicing the professions to be licensed
4 pursuant to this article shall apply for a license within one year of
5 the effective date of this section.
6 3. Any non-exempt person practicing the profession that meets the
7 requirements for a license, except for experience, as a licensed
8 dietitian/nutritionist as established in this article, such person shall
9 be eligible for a license as a dietitian/nutritionist until two years
10 after the effective date of this section if the applicant submits
11 evidence of having nine hundred hours of supervised experience satisfac-
12 tory to the department.
13 § 10. The education law is amended by adding four new sections 8007,
14 8008, 8009 and 8010 to read as follows:
15 § 8007. Exemptions. This article shall not be construed to affect or
16 prevent:
17 1. A licensed physician from practicing his or her profession as
18 defined under articles one hundred thirty-one and one hundred thirty-
19 one-B of this title; a registered professional nurse or a certified
20 nurse practitioner practicing his or her profession as defined under
21 article one hundred thirty-nine of this title; or qualified members of
22 other professions licensed under this title from performing work inci-
23 dental to the practice of their professions, except that such persons
24 may not hold themselves out under the title authorized by this article;
25 2. A student, intern or resident from engaging in the practice of
26 dietetics or nutrition while participating in the education or experi-
27 ence requirements defined in paragraphs (b) and (c) of subdivisions one
28 and two of section eight thousand four of this article;
29 3. Any person who does not hold himself or herself out to be licensed
30 pursuant to this article from furnishing to individuals or groups gener-
31 al non-medical nutrition information guidance, encouragement; or indi-
32 vidualized non-medical nutrition recommendations on food or dietary
33 supplements for the purpose of primary prevention or maintenance of good
34 health; or engaging in the explanation to customers about food or food
35 products in connection with the marketing and distribution of those
36 products; provided that nothing in this subdivision shall be deemed to
37 authorize the provision of medical nutrition therapy. For purposes of
38 this subdivision, "general non-medical nutrition information" and "indi-
39 vidualized non-medical nutrition recommendations" means information or
40 recommendations on the following: (a) Principles of good nutrition and
41 food preparation; (b) Food to be included in the normal daily diet; (c)
42 The essential nutrients needed by the body; (d) Recommended amounts of
43 the essential nutrients, based on established standards; (e) The actions
44 of nutrients on the body; (f) The effects of deficiencies or excesses of
45 nutrients; (g) Food and supplements that are good sources of essential
46 nutrients; or (h) Evidence based recommendations on nutrition and diet
47 to maintain good health and for the purposes of primary prevention;
48 4. A person who does not hold himself or herself out to be a licensed
49 dietitian/nutritionist or a licensed nutritionist from providing general
50 non-medical nutrition information and individualized non-medical recom-
51 mendations as defined in subdivision three of this section if employed
52 by or operating a health weight loss or fitness program;
53 5. An individual employed by a WIC program as a "competent profes-
54 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing
55 nutrition services within such WIC program. For the purpose of this
S. 5442 8
1 subdivision the term "WIC program" shall mean a program authorized by 42
2 U.S.C. § 1786; and
3 6. A diet or nutrition technician, as defined by the commissioner,
4 authorized by the department and under the direction and supervision of
5 a licensed dietitian/nutritionist or licensed nutritionist employed in a
6 hospital, including any diagnostic center, treatment center, or hospi-
7 tal-based outpatient department, residential health care facility or
8 nursing home or any facility as defined in section twenty-eight hundred
9 one of the public health law, a home care services agency licensed or
10 certified as defined in section twenty-eight hundred five-x of the
11 public health law, a hospice program certified pursuant to article forty
12 of the public health law, or an enhanced assisted living residence as
13 defined in section forty-six hundred fifty-one of the public health law
14 and certified and licensed pursuant to article forty-six-B of the public
15 health law. Such diet or nutrition technician shall be individuals who
16 have met standards, including those relating to education, examination,
17 character, and may include standards related to experience, as promul-
18 gated in regulations by the commissioner. Such individual shall be
19 subject to full disciplinary and regulatory authority of the board of
20 regents and the state education department, pursuant to this title, as
21 if such authorization were a professional license issued under this
22 article. The application fee for such authorization shall be established
23 in regulation by the department. Each authorized diet or nutrition tech-
24 nician shall register with the department every three years and shall
25 pay a registration fee established in regulation by the department.
26 § 8008. Limited permit. 1. The department shall issue a limited permit
27 to an applicant for licensure who has met the requirements of paragraph
28 (b) of subdivision two of section eight thousand four of this article.
29 2. The duration of a limited permit shall not exceed two years from
30 the time of its first issue and the department may for good cause renew
31 a limited permit for an additional one year provided that no applicant
32 shall practice under any limited permit for more than a total of three
33 years.
34 3. All practice under a limited permit shall be under the supervision
35 of individuals licensed pursuant to this article and meet the require-
36 ments of paragraph (c) of subdivision one or paragraph (c) of subdivi-
37 sion two of section eight thousand four of this article.
38 4. The fee for each limited permit shall be seventy-five dollars.
39 § 8009. Hospital privileges. Nothing herein contained shall be deemed
40 to authorize, grant, or extend hospital privileges to individuals
41 licensed under this article.
42 § 8010. Boundaries of professional competency. 1. It shall be deemed
43 practicing outside the boundaries of his or her professional competence
44 for a person licensed pursuant to this article, in the case of treatment
45 of any serious mental illness, to provide any mental health service for
46 such illness on a continuous and sustained basis without a medical eval-
47 uation of the illness by, and consultation with, a physician regarding
48 such illness. Such medical evaluation and consultation shall be to
49 determine and advise whether any medical care is indicated for such
50 illness. For purposes of this section, "serious mental illness" means
51 schizophrenia, schizoaffective disorder, bipolar disorder, major depres-
52 sive disorder, panic disorder, obsessive-compulsive disorder, atten-
53 tion-deficit hyperactivity disorder and autism.
54 2. Any individual whose license or authority to practice derives from
55 the provisions of this article shall be prohibited from:
S. 5442 9
1 (a) Prescribing or administering drugs as defined in this chapter as a
2 treatment, therapy, or professional service in the practice of his or
3 her profession; and
4 (b) Using invasive procedures as a treatment, therapy, or professional
5 service in the practice of his or her profession. For purposes of this
6 subdivision, "invasive procedure" means any procedure in which human
7 tissue is cut, altered, or otherwise infiltrated by mechanical or other
8 means. Invasive procedure includes surgery, lasers, ionizing radiation,
9 therapeutic ultrasound, or electroconvulsive therapy.
10 § 11. Subparagraph (i) of paragraph a of subdivision 1 of section
11 6503-a of the education law, as amended by chapter 554 of the laws of
12 2013, is amended to read as follows:
13 (i) services provided under article one hundred fifty-four, one
14 hundred fifty-seven, one hundred sixty-three or one hundred sixty-seven
15 of this title for which licensure would be required, or
16 § 12. Section 6505-b of the education law, as amended by chapter 10 of
17 the laws of 2018, is amended to read as follows:
18 § 6505-b. Course work or training in infection control practices.
19 Every dentist, registered nurse, licensed practical nurse, podiatrist,
20 optometrist and dental hygienist, licensed nutritionist, and licensed
21 dietitian/nutritionist practicing in the state shall, on or before July
22 first, nineteen hundred ninety-four and every four years thereafter,
23 complete course work or training appropriate to the professional's prac-
24 tice approved by the department regarding infection control, which shall
25 include sepsis, and barrier precautions, including engineering and work
26 practice controls, in accordance with regulatory standards promulgated
27 by the department, in consultation with the department of health, which
28 shall be consistent, as far as appropriate, with such standards adopted
29 by the department of health pursuant to section two hundred thirty-nine
30 of the public health law to prevent the transmission of HIV, HBV, HCV
31 and infections that could lead to sepsis in the course of professional
32 practice. Each such professional shall document to the department at the
33 time of registration commencing with the first registration after July
34 first, nineteen hundred ninety-four that the professional has completed
35 course work or training in accordance with this section, provided,
36 however that a professional subject to the provisions of paragraph (f)
37 of subdivision one of section twenty-eight hundred five-k of the public
38 health law shall not be required to so document. The department shall
39 provide an exemption from this requirement to anyone who requests such
40 an exemption and who (i) clearly demonstrates to the department's satis-
41 faction that there would be no need for him or her to complete such
42 course work or training because of the nature of his or her practice or
43 (ii) that he or she has completed course work or training deemed by the
44 department to be equivalent to the course work or training approved by
45 the department pursuant to this section. The department shall consult
46 with organizations representative of professions, institutions and those
47 with expertise in infection control and HIV, HBV, HCV and infections
48 that could lead to sepsis with respect to the regulatory standards
49 promulgated pursuant to this section.
50 § 13. Paragraph a of subdivision 3 of section 6507 of the education
51 law, as amended by chapter 554 of the laws of 2013, is amended to read
52 as follows:
53 a. Establish standards for preprofessional and professional education,
54 experience and licensing examinations as required to implement the arti-
55 cle for each profession. Notwithstanding any other provision of law, the
56 commissioner shall establish standards requiring that all persons apply-
S. 5442 10
1 ing, on or after January first, nineteen hundred ninety-one, initially,
2 or for the renewal of, a license, registration or limited permit to be a
3 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
4 trist, psychiatrist, psychologist, licensed master social worker,
5 licensed clinical social worker, licensed creative arts therapist,
6 licensed marriage and family therapist, licensed mental health counse-
7 lor, licensed psychoanalyst, dental hygienist, licensed behavior
8 analyst, [or] certified behavior analyst assistant or licensed nutri-
9 tionist or licensed dietician/nutritionist shall, in addition to all the
10 other licensure, certification or permit requirements, have completed
11 two hours of coursework or training regarding the identification and
12 reporting of child abuse and maltreatment. The coursework or training
13 shall be obtained from an institution or provider which has been
14 approved by the department to provide such coursework or training. The
15 coursework or training shall include information regarding the physical
16 and behavioral indicators of child abuse and maltreatment and the statu-
17 tory reporting requirements set out in sections four hundred thirteen
18 through four hundred twenty of the social services law, including but
19 not limited to, when and how a report must be made, what other actions
20 the reporter is mandated or authorized to take, the legal protections
21 afforded reporters, and the consequences for failing to report. Such
22 coursework or training may also include information regarding the phys-
23 ical and behavioral indicators of the abuse of individuals with mental
24 retardation and other developmental disabilities and voluntary reporting
25 of abused or neglected adults to the office of mental retardation and
26 developmental disabilities or the local adult protective services unit.
27 Each applicant shall provide the department with documentation showing
28 that he or she has completed the required training. The department shall
29 provide an exemption from the child abuse and maltreatment training
30 requirements to any applicant who requests such an exemption and who
31 shows, to the department's satisfaction, that there would be no need
32 because of the nature of his or her practice for him or her to complete
33 such training;
34 § 14. Paragraph (a) of subdivision 1 of section 413 of the social
35 services law, as amended by section 7 of part C of chapter 57 of the
36 laws of 2018, is amended to read as follows:
37 (a) The following persons and officials are required to report or
38 cause a report to be made in accordance with this title when they have
39 reasonable cause to suspect that a child coming before them in their
40 professional or official capacity is an abused or maltreated child, or
41 when they have reasonable cause to suspect that a child is an abused or
42 maltreated child where the parent, guardian, custodian or other person
43 legally responsible for such child comes before them in their profes-
44 sional or official capacity and states from personal knowledge facts,
45 conditions or circumstances which, if correct, would render the child an
46 abused or maltreated child: any physician; registered physician assist-
47 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
48 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
49 psychologist; registered nurse; social worker; emergency medical techni-
50 cian; licensed creative arts therapist; licensed marriage and family
51 therapist; licensed mental health counselor; licensed psychoanalyst;
52 licensed behavior analyst; certified behavior analyst assistant;
53 licensed nutritionist; licensed dietitian/nutritionist; hospital person-
54 nel engaged in the admission, examination, care or treatment of persons;
55 a Christian Science practitioner; school official, which includes but is
56 not limited to school teacher, school guidance counselor, school
S. 5442 11
1 psychologist, school social worker, school nurse, school administrator
2 or other school personnel required to hold a teaching or administrative
3 license or certificate; full or part-time compensated school employee
4 required to hold a temporary coaching license or professional coaching
5 certificate; social services worker; employee of a publicly-funded emer-
6 gency shelter for families with children; director of a children's over-
7 night camp, summer day camp or traveling summer day camp, as such camps
8 are defined in section thirteen hundred ninety-two of the public health
9 law; day care center worker; school-age child care worker; provider of
10 family or group family day care; employee or volunteer in a residential
11 care facility for children that is licensed, certified or operated by
12 the office of children and family services; or any other child care or
13 foster care worker; mental health professional; substance abuse counse-
14 lor; alcoholism counselor; all persons credentialed by the office of
15 alcoholism and substance abuse services; employees, who are expected to
16 have regular and substantial contact with children, of a health home or
17 health home care management agency contracting with a health home as
18 designated by the department of health and authorized under section
19 three hundred sixty-five-l of this chapter or such employees who provide
20 home and community based services under a demonstration program pursuant
21 to section eleven hundred fifteen of the federal social security act who
22 are expected to have regular and substantial contact with children;
23 peace officer; police officer; district attorney or assistant district
24 attorney; investigator employed in the office of a district attorney; or
25 other law enforcement official.
26 § 15. Subdivision 5-a of section 488 of the social services law, as
27 amended by chapter 205 of the laws of 2014, is amended to read as
28 follows:
29 5-a. "Human services professional" shall mean any: physician; regis-
30 tered physician assistant; surgeon; medical examiner; coroner; dentist;
31 dental hygienist; osteopath; optometrist; chiropractor; podiatrist;
32 resident; intern; psychologist; registered nurse; licensed practical
33 nurse; nurse practitioner; social worker; emergency medical technician;
34 licensed creative arts therapist; licensed marriage and family thera-
35 pist; licensed mental health counselor; licensed psychoanalyst; licensed
36 behavior analyst; certified behavior analyst assistant; licensed
37 speech/language pathologist or audiologist; licensed physical therapist;
38 licensed occupational therapist; licensed nutritionist; licensed
39 dietitian/nutritionist; hospital personnel engaged in the admission,
40 examination, care or treatment of persons; Christian Science practition-
41 er; school official, which includes but is not limited to school teach-
42 er, school guidance counselor, school psychologist, school social work-
43 er, school nurse, school administrator or other school personnel
44 required to hold a teaching or administrative license or certificate;
45 full or part-time compensated school employee required to hold a tempo-
46 rary coaching license or professional coaching certificate; social
47 services worker; any other child care or foster care worker; mental
48 health professional; person credentialed by the office of alcoholism and
49 substance abuse services; peace officer; police officer; district attor-
50 ney or assistant district attorney; investigator employed in the office
51 of a district attorney; or other law enforcement official.
52 § 16. This act shall take effect one year after it shall have become a
53 law. Effective immediately, the addition, amendment and/or repeal of any
54 rule or regulation necessary for the implementation of this act on its
55 effective date are authorized to be made and completed on or before such
56 effective date.