S T A T E O F N E W Y O R K
________________________________________________________________________
7316
2013-2014 Regular Sessions
I N A S S E M B L Y
May 10, 2013
___________
Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to the licensure of
dietitians and nutritionists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration of purpose. The legis-
lature finds that the application of scientific knowledge relating to
nutrition is important in effective care, treatment and prevention of
disease or trauma and in the attainment and maintenance of health, and
acknowledges that the rendering and communication of sound dietetic and
nutrition services in hospitals, nursing homes, extended care and ambu-
latory care settings, school districts, health departments, private
practice and consultation, and in other settings requires trained and
competent professionals. The legislature further finds that it is neces-
sary in the provision of medical nutrition therapy for such profes-
sionals to be licensed under article 157 of the education law to ensure
quality care through a standardized nutrition care process, consisting
of a nutrition assessment, nutrition diagnosis, nutrition intervention
and the monitoring and evaluation of outcomes directly related to the
nutrition care process. Therefore, it is hereby declared to be the
purpose of this act to protect the health, safety, and welfare of the
public by providing for the licensure and regulation of the activities
of persons engaged in the practice of dietetics and nutrition.
S 2. Section 8000 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8000. Introduction. This article applies to the use of the titles
["certified dietitian" and "certified nutritionist"] "LICENSED
DIETITIAN/NUTRITIONIST" OR "LDN" AND THE PRACTICE OF DIETETICS AND
NUTRITION. The general provision for all professions contained in arti-
cle one hundred thirty of this title shall apply to this article.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10500-02-3
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S 3. Section 8001 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8001. [Definitions] DIETETIC AND NUTRITION PRACTICE. [1. Dietetics
and nutrition are herein each defined as the integration and applica-
tion of principles derived from the sciences of nutrition, biochemistry,
physiology, food management and behavioral and social sciences to
achieve and maintain people's health.
2. Where the title "certified dietitian" or "certified nutritionist"
is used in this article it shall mean "certified dietitian", "certified
dietician", or "certified nutritionist".
3. A certified dietitian or certified nutritionist is one who engages
in the integration and application of principles derived from the
sciences of nutrition, biochemistry, physiology, food management and
behavioral and social sciences to achieve and maintain people's health,
and who is certified as such by the department pursuant to section eight
thousand four of this article. The primary function of a certified
dietitian or certified nutritionist is the provision of nutrition care
services that shall include:
(a) Assessing nutrition needs and food patterns;
(b) Planning for and directing the provision of food appropriate for
physical and nutrition needs; and
(c) Providing nutrition counseling.] DIETETIC AND NUTRITION PRACTICE
IS THE APPLICATION OF MEDICAL NUTRITION THERAPY AND A STANDARDIZED
NUTRITION CARE PROCESS, INCLUDING NUTRITION ASSESSMENT, NUTRITION DIAG-
NOSIS, NUTRITION INTERVENTION, AND NUTRITION EVALUATION AND MONITORING
FOR THE PREVENTION OR TREATMENT OF NUTRITION RELATED ILLNESSES, NOURISH-
MENT, AND EDUCATION OF INDIVIDUALS AND GROUPS THROUGHOUT THE LIFECYCLE.
S 4. The education law is amended by adding a new section 8001-a to
read as follows:
S 8001-A. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE: 1. "MEDICAL
NUTRITION THERAPY" IS AN EVIDENCE BASED APPLICATION OF THE NUTRITION
CARE PROCESS FOCUSED ON PREVENTION, DELAY OR MANAGEMENT OF DISEASES AND
CONDITIONS, AND INVOLVES AN IN-DEPTH ASSESSMENT, PERIODIC REASSESSMENT
AND INTERVENTION.
2. "NUTRITION DIAGNOSIS" IN THE CONTEXT OF DIETETICS AND NUTRITION
PRACTICE MEANS THE IDENTIFICATION AND LABELING OF EXISTING NUTRITION
PROBLEMS EXPRESSED IN TERMS OF ETIOLOGY, SIGNS AND SYMPTOMS. NUTRITION
DIAGNOSIS IS DISTINCT FROM A MEDICAL DIAGNOSIS.
3. "NUTRITION ASSESSMENT" MEANS THE SYSTEMATIC PROCESS OF OBTAINING,
VERIFYING, AND INTERPRETING BIOCHEMICAL, ANTHROPOMETRIC, PHYSICAL AND
DIETARY DATA IN ORDER TO MAKE DECISIONS ABOUT THE NATURE AND CAUSE OF
NUTRITION RELATED PROBLEMS. NUTRITION ASSESSMENT IS AN ONGOING, DYNAMIC
PROCESS THAT INVOLVES INITIAL DATA COLLECTION, REASSESSMENT AND ANALYSIS
OF CLIENT OR COMMUNITY NEEDS AND PROVIDES THE FOUNDATION FOR NUTRITION
DIAGNOSIS AND NUTRITIONAL RECOMMENDATIONS INCLUDING ENTERAL AND PAREN-
TERAL NUTRITION. THE MERE COLLECTION OF THESE DATA FOR USE IN A NUTRI-
TION ASSESSMENT IS NOT A NUTRITION ASSESSMENT AND DOES NOT REQUIRE A
LICENSE IN DIETETICS AND NUTRITION AS SET FORTH IN THIS ARTICLE.
4. "NUTRITION INTERVENTION" IS A PURPOSEFULLY PLANNED ACTION, DESIGNED
TO POSITIVELY CHANGE NUTRITION RELATED BEHAVIOR, RISK FACTOR, ENVIRON-
MENTAL CONDITION OR ASPECTS OF HEALTH STATUS FOR INDIVIDUAL, GROUPS, OR
THE COMMUNITY.
S 5. Section 8002 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8002. [Use] AUTHORIZATION of [titles] TITLE. Only a person [certi-
fied] LICENSED under this article shall be authorized to use the title
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["certified dietitian", "certified dietician", or "certified nutrition-
ist"] "LICENSED DIETITIAN/NUTRITIONIST" OR "LDN".
S 6. Section 8003 of the education law, as amended by chapter 282 of
the laws of 1992, is amended to read as follows:
S 8003. State board for dietetics and nutrition. A state board for
dietetics and nutrition shall be appointed by the board of regents, on
recommendation of the commissioner, for the purpose of assisting the
board of regents and the department on matters of [certification] LICEN-
SURE, PRACTICE and professional conduct in accordance with section
sixty-five hundred eight of this chapter.
The board shall consist of not less than [thirteen] NINE members,
[ten] SEVEN of whom shall be [certified dietitians or certified nutri-
tionists, except that the members of the first board need not be certi-
fied but shall be persons who are eligible for certification under the
provisions of this article prior to their appointment to the board]
LICENSED PURSUANT TO THIS ARTICLE. The [first] board, with respect to
members representing the profession, shall consist of [five] FOUR
members [registered] CREDENTIALED by a national dietetic association
having [registration] CREDENTIALING standards acceptable to the depart-
ment and [five] THREE members who are [members of or registered] CREDEN-
TIALED by a national nutritional association having [membership and/or
registration] CREDENTIALING standards acceptable to the department.
[Thereafter, members of the profession appointed to such board shall be
certified pursuant to this article.] To the extent reasonable, the board
of regents should insure the state board is broadly representative of
various [professional interests] PRACTICE AREAS within the dietetic and
[nutritional] NUTRITION community. [Three members] ONE MEMBER shall be
[representatives] REPRESENTATIVE of the general public AND ONE MEMBER
SHALL BE A PHYSICIAN LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF
THIS TITLE. An executive secretary to the board shall be appointed by
the board of regents on the recommendation of the commissioner.
S 7. Section 8004 of the education law, as added by chapter 635 of the
laws of 1991, subparagraph 2 of paragraph (a) of subdivision 2 and
subparagraph 2 of paragraph (b) of subdivision 2 and subdivision 3 as
amended by chapter 282 of the laws of 1992, is amended to read as
follows:
S 8004. Requirements for [certification] PROFESSIONAL LICENSE. To
qualify for [certification] A LICENSE, an applicant shall fulfill the
following requirements:
1. File an application with the department;
2. [(a)(1) Have received an education including a bachelor's degree,
or its equivalent as determined by the department, in
dietetics/nutrition or an equivalent major course of study which shall
include appropriate core curriculum courses in dietetics/nutrition from
an accredited college or university as approved by the department, in
accordance with the commissioner's regulations; and
(2) Have completed a planned, continuous, experience component, in
accordance with the commissioner's regulations, in dietetic or nutrition
practice under the supervision of a certified dietitian or certified
nutritionist or a dietitian or nutritionist who is registered by or is a
member of a national dietetic association or national nutrition associ-
ation having registration or membership standards acceptable to the
department; such experience shall be satisfactory to the board and in
accordance with the commissioner's regulations; or
(b)(1) Have received an education including an associates degree in
dietetics or nutrition acceptable to the department,
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(2) In the last fifteen years have completed ten years of experience
and education in the field of dietetics or nutrition satisfactory to the
board in accordance with the commissioner's regulations. These ten years
must be the full time equivalent of any combination of post secondary
dietetic or nutrition education and dietetic or nutrition work experi-
ence satisfactory to the board in accordance with the commissioner's
regulations, and
(3) Have obtained the endorsement of three dietitians or nutritionists
acceptable to the department] HAVE RECEIVED A BACHELOR'S DEGREE OR HIGH-
ER WHICH INCLUDES APPROPRIATE MAJOR COURSE OF STUDY IN DIETETICS AND
NUTRITION, OR A BACHELOR'S DEGREE OR HIGHER AND POST GRADUATE COMPLETION
OF A MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION; FROM A PROGRAM
REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE
SUBSTANTIAL EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS. MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION SHALL INCLUDE
BUT NOT BE LIMITED TO SUCH AREAS AS HUMAN NUTRITION, NUTRITION EDUCA-
TION, FOOD AND NUTRITION, DIETETIC OR FOOD SYSTEMS AND MANAGEMENT WHICH
ADDRESSES THE PRACTICE OF DIETETICS AND NUTRITION UNDER VARYING CONDI-
TIONS OF HEALTH AND DISEASE, SOCIAL, PHYSICAL, PSYCHOLOGICAL AND ECONOM-
IC STATUS FOR APPROPRIATE NUTRITION CARE;
3. DURING THE FIRST TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION, COMPLETE AT A MINIMUM, NINE HUNDRED HOURS IN THE PRACTICE OF
DIETETICS AND NUTRITION IN A PLANNED, CONTINUOUS, ACCREDITED PROGRAM
EXPERIENCE UNDER THE SUPERVISION OF AN INDIVIDUAL LICENSED PURSUANT TO
THIS ARTICLE, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AFTER
WHICH AND THEREAFTER, SUCH EXPERIENCE SHALL INCLUDE AT A MINIMUM TWELVE
HUNDRED HOURS;
A. AN ACCREDITED EXPERIENCE PROGRAM SHALL PROVIDE EXPERIENCE IN A
VARIETY OF SETTINGS, WHICH MAY INCLUDE HOSPITALS, CLINICS, CORPORATIONS,
AND PUBLIC HEALTH PROGRAMS AND INCLUDE A FORMAL OUTCOME EVALUATION OF
COMPETENCY IN DIETETICS AND NUTRITION PRACTICE.
B. PRACTICE IN AN ACCREDITED EXPERIENCE PROGRAM SHALL BE UNDER THE
SUPERVISION OF A LICENSED DIETITIAN/NUTRITIONIST, EXCEPT PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION A SUPERVISOR NEED ONLY BE CERTIFIED
AS A DIETITIAN OR NUTRITIONIST PURSUANT TO THIS ARTICLE PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION OR SHALL BE CREDENTIALED BY A
NATIONAL DIETETIC CREDENTIALING ORGANIZATION OR CREDENTIALED BY A
NATIONAL NUTRITIONAL CREDENTIALING ORGANIZATION. SUCH NATIONAL DIETETIC
CREDENTIALING ORGANIZATION OR NATIONAL NUTRITION CREDENTIALING ORGANIZA-
TION MUST BE ACCREDITED BY THE NATIONAL COMMISSION FOR CERTIFYING AGEN-
CIES AND APPROVED BY THE DEPARTMENT AND HAVE CREDENTIALING STANDARDS
SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR LICENSURE PURSUANT
TO THIS ARTICLE;
[3.] 4. Pass an examination satisfactory to the board and in accord-
ance with the commissioner's regulations; provided that such examination
shall test a level of knowledge and experience equivalent to that
obtained by an individual satisfactorily meeting the requirements of
[paragraph (a) of subdivision] SUBDIVISIONS two AND THREE of this
section;
[4.] 5. Pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for initial
certification, a fee of eighty-five dollars for each reexamination, a
fee of one hundred fifteen dollars for an initial certification for
persons not requiring admission to a department conducted examination, a
fee of one hundred [fifty-five] SEVENTY-FIVE dollars for each triennial
registration period;
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[5.] 6. Be at least eighteen years of age;
7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
S 8. Section 8005 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8005. Special provisions. 1. Nothing [contained in this article
shall be deemed to alter, modify or impair any conditions of employment
relating to service in the federal government, the state of New York,
its political subdivisions, including school districts, or special
districts and authorities or any facilities or institutions under the
jurisdiction of or subject to the certification of any agency of the
state of New York or its political subdivisions] IN THIS ARTICLE SHALL
PROHIBIT OR LIMIT ANY STATE, COUNTY OR MUNICIPAL EMPLOYEE ENGAGED IN THE
PRACTICE OF DIETETICS AND NUTRITION ON THE DATE THE CHAPTER OF THE LAWS
OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SECTION TAKES EFFECT FOR THE
PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH GOVERNMENTAL
UNIT WITHIN THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED TO THE
SERVICES PROVIDED UPON SUCH EFFECTIVE DATE, HOWEVER, THIS SECTION SHALL
NOT AUTHORIZE THE USE OF ANY TITLE AUTHORIZED PURSUANT TO THIS ARTICLE.
PROVIDED HOWEVER, THAT EMPLOYEES ENGAGED IN THE PRACTICE OF DIETETICS
AND NUTRITION HIRED TWO YEARS AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT
TO ALL THE REQUIREMENTS OF THIS ARTICLE.
2. THIS ARTICLE SHALL NOT PROHIBIT DIETETIC AND NUTRITION PRACTICE BY
A CORPORATION, PROVIDED THAT SUCH PRACTICE IS CARRIED ON BY A LICENSED
DIETITIAN/NUTRITIONIST OR A PERSON EXEMPT UNDER THIS ARTICLE. A
VIOLATION OF THIS SUBDIVISION SHALL BE A CLASS A MISDEMEANOR.
S 9. Section 8006 of the education law, as added by chapter 635 of the
laws of 1991 and subdivision 2 as amended by chapter 282 of the laws of
1992, is amended to read as follows:
S 8006. Special conditions. [A person shall be certified without
examination provided that, within three years of the effective date of
this article, the individual:
1. files an application and pays the appropriate fees to the depart-
ment; and
2. (a) is registered as a dietitian or nutritionist by a national
dietetic or national nutrition association having registration standards
acceptable to the department;
(b) meets the requirements of subparagraph one of paragraph (a) of
subdivision two and subdivision five of section eight thousand four of
this article and has been actively engaged in the provision of nutrition
care services for a minimum of three years during the five years imme-
diately preceding the effective date of this article; or
(c) meets all the requirements of paragraph (b) of subdivision two and
subdivision five of section eight thousand four of this article.] ANY
PERSON WHO IS LICENSED AS A CERTIFIED DIETITIAN OR A CERTIFIED NUTRI-
TIONIST (CDN) ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND THIRTEEN WHICH AMENDED THIS SECTION SHALL BE LICENSED AS A
LICENSED DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL REQUIRE-
MENTS.
S 10. The education law is amended by adding two new sections 8007 and
8008 to read as follows:
S 8007. EXEMPTIONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR
PREVENT:
1. A LICENSED PHYSICIAN FROM PRACTICING HIS OR HER PROFESSION AS
DEFINED UNDER ARTICLES ONE HUNDRED THIRTY-ONE AND ONE HUNDRED
THIRTY-ONE-B OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A CERTI-
FIED NURSE PRACTITIONER PRACTICING HIS OR HER PROFESSION AS DEFINED
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UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE; OR QUALIFIED
MEMBERS OF OTHER PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING
WORK INCIDENTAL TO THE PRACTICE OF THEIR PROFESSIONS, EXCEPT THAT SUCH
PERSONS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE AUTHORIZED BY THIS
ARTICLE;
2. AN INDIVIDUAL FROM ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRI-
TION WHILE PARTICIPATING IN THE EDUCATION OR EXPERIENCE REQUIREMENTS
DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION EIGHT THOUSAND FOUR OF
THIS ARTICLE;
3. ANY PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE LICENSED
PURSUANT TO THIS ARTICLE FROM FURNISHING GENERAL NON-MEDICAL NUTRITION
INFORMATION ON FOOD OR DIETARY SUPPLEMENTS; ENGAGING IN THE EXPLANATION
TO CUSTOMERS ABOUT FOOD OR FOOD PRODUCTS IN CONNECTION WITH THE MARKET-
ING AND DISTRIBUTION OF THOSE PRODUCTS; PROVIDED THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE THE PROVISION OF MEDICAL NUTRI-
TION THERAPY. FOR PURPOSES OF THIS SUBDIVISION,
"GENERAL NON-MEDICAL NUTRITION INFORMATION" MEANS INFORMATION ON THE
FOLLOWING: (A) "PRINCIPLES OF GOOD NUTRITION AND FOOD PREPARATION; (B)
FOOD TO BE INCLUDED IN THE NORMAL DAILY DIET; (C) THE ESSENTIAL NUTRI-
ENTS NEEDED BY THE BODY; (D) RECOMMENDED AMOUNTS OF THE ESSENTIAL NUTRI-
ENTS, BASED ON ESTABLISHED STANDARDS; (E) THE ACTIONS OF NUTRIENTS ON
THE BODY; (F) THE EFFECTS OF DEFICIENCIES OR EXCESSES OF NUTRIENTS; OR
(G) FOOD AND SUPPLEMENTS THAT ARE GOOD SOURCES OF ESSENTIAL NUTRIENTS;
AND
4. A PERSON FROM PRESENTING A GENERAL PROGRAM OF INSTRUCTION FOR
WEIGHT CONTROL PROVIDED THE GENERAL PROGRAM IS APPROVED IN WRITING BY A
LICENSED DIETITIAN, A DIETITIAN REGISTERED BY THE COMMISSION OF DIETETIC
REGISTRATION OF THE AMERICAN DIETETIC ASSOCIATION OR A LICENSED PHYSI-
CIAN.
PROVIDED THAT, NO TITLE, SIGN, CARD OR DEVICE SHALL BE USED IN SUCH
MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT THE PERSON RENDERING
SUCH SERVICE IS LICENSED PURSUANT TO THIS ARTICLE.
5. AN INDIVIDUAL EMPLOYED BY A WIC PROGRAM AS A "COMPETENT PROFES-
SIONAL AUTHORITY" AS DEFINED IN 7 C.F.R S 246.2 (1895) FROM PROVIDING
NUTRITION SERVICES WITHIN SUCH WIC PROGRAM. FOR THE PURPOSE OF THE
SUBDIVISION THE TERM "WIC PROGRAM" SHALL MEAN A PROGRAM AUTHORIZED BY 42
U.S.C. S 1786.
S 8008. LIMITED PERMIT. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT TO
AN APPLICANT FOR LICENSURE WHO HAS MET ALL THE REQUIREMENTS OF SECTION
EIGHT THOUSAND FOUR OF THIS ARTICLE, BUT HAS NOT YET PASSED THE EXAMINA-
TION. 1. THE DURATION OF A LIMITED PERMIT SHALL NOT EXCEED ONE YEAR FROM
THE TIME OF ITS FIRST ISSUE AND THE DEPARTMENT MAY FOR GOOD CAUSE RENEW
A LIMITED PERMIT PROVIDED THAT NO APPLICANT SHALL PRACTICE UNDER ANY
LIMITED PERMIT FOR MORE THAN A TOTAL OF TWO YEARS.
2. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF AN INDIVIDUAL LICENSED PURSUANT TO THIS ARTICLE.
3. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY-FIVE DOLLARS.
S 11. This act shall take effect one year after it shall have become a
law; provided however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and directed to
be made and completed by the department of education on or before such
effective date.