NY State Senate Bill 2015-S7692A

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	print number 7692a
May 24, 2016	amend and recommit to higher education
May 12, 2016	referred to higher education

Bill Amendments

Original

A (Active)

2015-S7692 - Details

See Assembly Version of this Bill:: A10491
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §8007, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S2628

2015-S7692 - Summary

Allows a qualified dietetic professional or qualified nutrition professional to manage the diet of a patient who is being treated in a facility by a physician for specific diseases.

2015-S7692 - Sponsor Memo

                                 BILL NUMBER:  S7692

 TITLE OF BILL :  An act to amend the education law, in relation to
management of therapeutic diet orders in a facility

 PURPOSE :

To allow hospitals to take advantage of the Centers for Medicare
&Medicaid Services (CMS) rule (Vol.79/No.91 May 12, 2014) which allows
a hospital to permit qualified dietitians or nutritionists the
authority to order therapeutic diets.

 SUMMARY OF PROVISIONS :

Section 1. Amends the education law to add a new section 8007 that
provides for management of therapeutic diet orders in a facility.
Subdivision 1 of the section provides definitions for "qualified
dietetic or nutrition professional", "therapeutic diet", and
"facility".

Subdivision 2 of the section provides that the management of
therapeutic diets performed by a qualified dietetic or nutrition
professional includes a review, evaluation, order and management of a
therapeutic diet to .a patient who is being treated in a facility by a
physician for specific diseases or disease states in accordance with
facility policies. This section further states that the management of

parenteral and enteral nutrition was part of a therapeutic diet order
may include adjustment of a diet or nutrition regimen, however, if the
treating physician disagrees with the protocol made by the dietitian
or nutritionist, the physician will prevail. This also provides that a
qualified dietetic or nutrition professional may evaluate and if
authorized by the facility, order clinical laboratory test related to
the therapeutic diet order and order or perform routine patient
monitoring as necessary for parenteral and enteral nutrition
management.

Subdivision 3 of the section states that nothing in this section shall
authorize a qualified dietetic or nutrition professional to establish
or modify a medical diagnosis.

Subdivision 4 of the section provides that authorization of any
qualified dietetic or nutrition professionals to engage in the
management of a therapeutic diet order shall be at the discretion of
the facility.

Subdivision 5 of the section provides that nothing in this section
shall be deemed to authorize, grant or extend hospital privileges to
individuals certified as dietitians or nutritionists under this
Article.

Section 2. Sets for the effective date.

 EXISTING LAW :

The education law currently provides for the certification of
dietitians and nutritionists (CDN).

 JUSTIFICATION :

Legislation is required to allow hospitals to permit a qualified
dietitian or nutritionist to order therapeutic diets.

Previously, the CMS rue was interpreted to require physicians to be
responsible for therapeutic diet orders. However, recent CMS rule now
indicates that qualified dietitians or nutritionists are "the
professionals who are best qualified to assess a patient's nutritional
status and to design and implement a nutritional treatment plan in
consultation with the patient's interdisciplinary care team".

In addition, the CMS rules state that the qualified dietitian or
nutritionist "must be viewed as an integral member of the hospital
interdisciplinary care team, one who as the team's clinical nutrition
expert is responsible for a patient's nutritional diagnosis and
treatment in light of a patient's medical diagnosis.

Finally, the CMS rules state that "we consider all patient diets to be
therapeutic in nature, regardless of the modality used to support the
nutritional needs o the patient and that the term would most certainly
include parenteral and enteral nutrition support".

However, New York State law does not permit CDNs to make an order. In
addition, since parenteral nutrition is dispensed by a pharmacist
within the facility, current law does not allow CDNs to order
nutrition via the parenteral dispensing process.

Language is needed to provide the authority and establish parameters
for responsible practice; acknowledging the responsibilities and
oversight of physician or pharmacist in the process of delivering
nutrition care.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect 180 days, provided, however, that effective
immediately the department of education is authorized to promulgate
any and all rules and regulations and take any other measure necessary
to implement this act on or before its effective date.

2015-S7692 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7692

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. 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, in relation to management  of  thera-
  peutic diet orders in a facility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  8007
to read as follows:
  S  8007.  MANAGEMENT  OF THERAPEUTIC DIET ORDERS IN A FACILITY. 1.  AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A) "QUALIFIED DIETETIC OR  NUTRITION  PROFESSIONAL"  IS  A  CERTIFIED
DIETICIAN  OR  CERTIFIED NUTRITIONIST LICENSED AND REGISTERED IN ACCORD-
ANCE WITH THIS ARTICLE, WHO HAS MET THE REQUIREMENTS OF  PARAGRAPHS  (A)
AND  (B) OF SUBDIVISION TWO AND SUBDIVISION THREE OF SECTION EIGHT THOU-
SAND FOUR OF THIS ARTICLE AND  WHO  HAS  MET  NATIONAL  REGISTRATION  OR
CERTIFICATION  STANDARDS  ACCEPTABLE  TO  THE  DEPARTMENT  THAT PROVIDES
EDUCATION AND TRAINING IN PARENTERAL AND ENTERAL NUTRITION.
  (B) "THERAPEUTIC DIET" IS A DIET INTERVENTION THAT  PROVIDES  FOOD  OR
NUTRIENTS VIA ORAL, ENTERAL AND PARENTERAL ROUTES AS A PART OF TREATMENT
OF  DISEASE  OR  CLINICAL  CONDITIONS TO MODIFY, ELIMINATE, DECREASE, OR
INCREASE IDENTIFIED MICRO- AND MACRO-NUTRIENTS IN THE DIET.
  (C) "FACILITY" SHALL MEAN A HOSPITAL, INCLUDING ANY DIAGNOSTIC CENTER,
TREATMENT CENTER, OR HOSPITAL-BASED OUTPATIENT  DEPARTMENT,  RESIDENTIAL
HEALTH  CARE  FACILITY  OR  NURSING  HOME  OR ANY FACILITY AS DEFINED IN
SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, A  HOME  CARE
AGENCY AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWO OF THE PUBLIC HEALTH
LAW OR OTHER ENTITY THAT PROVIDES DIRECT PATIENT CARE UNDER THE AUSPICES
OF A MEDICAL DIRECTOR.
  2.  (A)  THE  MANAGEMENT OF THERAPEUTIC DIETS PERFORMED BY A QUALIFIED
DIETETIC OR NUTRITION PROFESSIONAL INCLUDES A REVIEW, EVALUATION,  ORDER
AND MANAGEMENT OF A THERAPEUTIC DIET, INCLUDING THE ORDERING OF FOOD AND
NUTRITION  SUPPLEMENTS,  AND  THE  MANAGEMENT  OF  PARENTERAL OR ENTERAL
NUTRITION, AS DEFINED IN THIS SUBDIVISION, TO A  PATIENT  WHO  IS  BEING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15363-02-6

S. 7692                             2

TREATED  IN  A  FACILITY BY A PHYSICIAN FOR SPECIFIC DISEASES OR DISEASE
STATES, IN ACCORDANCE WITH THE POLICIES, PROCEDURES,  AND  PROTOCOLS  OF
THE FACILITY.
  (B)  THE  MANAGEMENT  OF PARENTERAL NUTRITION AS PART OF A THERAPEUTIC
DIET ORDER BY A QUALIFIED DIETETIC OR NUTRITION PROFESSIONAL MAY INCLUDE
PRESCRIBING, ADJUSTING AND MANAGING A DIET OR  NUTRITION  REGIMEN  OF  A
PATIENT  PURSUANT  TO  A  PATIENT SPECIFIC WRITTEN ORDER OR PROTOCOL FOR
PARENTERAL NUTRITION ACCESS MADE BY THE PATIENT'S PHYSICIAN.   IMPLEMEN-
TATION  OR ADJUSTMENTS SHALL BE MADE AFTER THE REVIEW BY THE PHARMACISTS
RESPONSIBLE TO THE FACILITY FOR THE CARE OF THE PATIENT.  THE  PHYSICIAN
OR  FACILITY  MAY  PROHIBIT,  BY  WRITTEN INSTRUCTION, ANY ADJUSTMENT OR
CHANGE IN THE PATIENT'S DIET OR NUTRITION REGIMEN BY THE QUALIFIED DIET-
ETIC OR NUTRITION PROFESSIONAL.
  IN THE EVENT THAT A TREATING PHYSICIAN OR PHARMACIST MAY DISAGREE WITH
THE EXERCISE OF PROFESSIONAL  JUDGMENT  BY  THE  QUALIFIED  DIETETIC  OR
NUTRITION  PROFESSIONAL  AS  IT  RELATES TO THE MANAGEMENT OF PARENTERAL
NUTRITION, THE JUDGMENT OF THE TREATING PHYSICIAN  OR  PHARMACIST  SHALL
PREVAIL.
  (C)  THE MANAGEMENT OF ENTERAL NUTRITION AS PART OF A THERAPEUTIC DIET
ORDER BY A QUALIFIED DIETETIC  OR  NUTRITION  PROFESSIONAL  MAY  INCLUDE
ADJUSTING AND MANAGING A DIET OR NUTRITION REGIMEN OF A PATIENT PURSUANT
TO  A  PATIENT  SPECIFIC WRITTEN ORDER OR PROTOCOL FOR ENTERAL NUTRITION
ACCESS MADE BY THE PATIENT'S PHYSICIAN. THE PHYSICIAN  OR  FACILITY  MAY
PROHIBIT,  BY  WRITTEN  INSTRUCTION,  ANY  ADJUSTMENT  OR  CHANGE IN THE
PATIENT'S DIET OR NUTRITION REGIMEN BY THE QUALIFIED DIETETIC OR  NUTRI-
TION PROFESSIONAL.
  IN  THE EVENT THAT A TREATING PHYSICIAN MAY DISAGREE WITH THE EXERCISE
OF PROFESSIONAL JUDGMENT BY THE QUALIFIED DIETETIC OR NUTRITION  PROFES-
SIONAL  AS  IT RELATES TO THE MANAGEMENT OF ENTERAL NUTRITION, THE JUDG-
MENT OF THE TREATING PHYSICIAN SHALL PREVAIL.
  (D) A QUALIFIED DIETETIC OR NUTRITION PROFESSIONAL MAY  EVALUATE  AND,
ONLY IF SPECIFICALLY AUTHORIZED BY THE POLICIES, PROCEDURES, OR PROTOCOL
OF  THE  FACILITY  AND  ONLY  TO  THE  EXTENT NECESSARY TO DISCHARGE THE
RESPONSIBILITIES SET FORTH IN THIS SECTION,  ORDER  CLINICAL  LABORATORY
TESTS  RELATED  TO  THE  MANAGEMENT  OF A THERAPEUTIC DIET ORDER FOR THE
SPECIFIC DISEASES OR DISEASE STATES SPECIFIED WITHIN THE  WRITTEN  ORDER
OR  PROTOCOL,  AND ORDER OR PERFORM ROUTINE PATIENT MONITORING FUNCTIONS
AS MAY BE NECESSARY FOR THE MANAGEMENT OF PARENTERAL AND ENTERAL  NUTRI-
TION.
  3.  NOTHING  HEREIN  SHALL AUTHORIZE A QUALIFIED DIETETIC OR NUTRITION
PROFESSIONAL TO ESTABLISH OR MODIFY A MEDICAL DIAGNOSIS.
  4. THE AUTHORIZATION OF ANY QUALIFIED DIETETIC  OR  NUTRITION  PROFES-
SIONAL  TO ENGAGE IN THE MANAGEMENT OF A THERAPEUTIC DIET ORDER, INCLUD-
ING THE MANAGEMENT OF PARENTERAL AND ENTERAL NUTRITION, SHALL BE AT  THE
DISCRETION OF THE FACILITY.
  5.  NOTHING  HEREIN  CONTAINED SHALL BE DEEMED TO AUTHORIZE, GRANT, OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS CERTIFIED UNDER THIS ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly the department of education may promulgate  any  rule  or  regulation
necessary  for  the  timely implementation of this act on this effective
date.

2015-S7692A (ACTIVE) - Details

See Assembly Version of this Bill:: A10491
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §8007, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S2628

2015-S7692A (ACTIVE) - Summary

Allows a qualified dietetic professional or qualified nutrition professional to manage the diet of a patient who is being treated in a facility by a physician for specific diseases.

2015-S7692A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7692A

 TITLE OF BILL :  An act to amend the education law, in relation to
management of therapeutic diet orders in a facility

 PURPOSE :

To allow hospitals to take advantage of the Centers for Medicare
&Medicaid Services (CMS) rule (Vo1.79/No.91 May 12, 2014) which allows
a hospital to permit qualified dietitians or nutritionists the
authority to order therapeutic diets.

 SUMMARY OF PROVISIONS :

Section 1. Amends the education law to add a new section 8007 that
provides for management of therapeutic diet orders in a facility.
Subdivision 1 of the section provides definitions for "qualified
dietetic professional" or qualified nutrition professional",
"therapeutic diet", and "facility".

Subdivision 2 of the section provides that the management of
therapeutic diets performed by a qualified dietetic or nutrition
professional includes a review, evaluation, order and management of a
therapeutic diet to a patient who is being treated in a facility by a
physician for specific diseases or disease states in accordance with
facility policies. This section further states that the management of

parenteral and enteral nutrition was part of a therapeutic diet order
may include adjustment of a diet or nutrition regimen, however, if the
treating physician disagrees with the protocol made by the dietitian
or nutritionist, the physician will prevail. This also provides that a
qualified dietetic or nutrition professional may evaluate and if
authorized by the facility, order clinical laboratory test related to
the therapeutic diet order and order or perform routine patient
monitoring as necessary for parenteral and enteral nutrition
management.

Subdivision 3 of the section states that nothing in this section shall
authorize a qualified dietetic or nutrition professional to establish
or modify a medical diagnosis.

Subdivision 4 of the section provides that authorization of any
qualified dietetic or nutrition professionals to engage in the
management of a therapeutic diet order shall be at the discretion of
the facility.

Subdivision 5 of the section provides that nothing in this section
shall be deemed to authorize, grant or extend hospital privileges to
individuals certified as dietitians or nutritionists under this
Article.

Section 2. Sets for the effective date.

 EXISTING LAW :

The education law currently provides for the certification of
dietitians and nutritionists (CDN).

 JUSTIFICATION :

Legislation is required to allow hospitals to permit a qualified
dietitian or nutritionist to order therapeutic diets.

Previously, the CMS rue was interpreted to require physicians to be
responsible for therapeutic diet orders. However, recent CMS rule now
indicates that qualified dietitians or nutritionists are "the
professionals who are best qualified to assess a patient's nutritional
status and to design and implement a nutritional treatment plan in
consultation with the patient's interdisciplinary care team".

In addition, the CMS rules state that the qualified dietitian or
nutritionist "must be viewed as an integral member of the hospital
interdisciplinary care team, one who as the team's clinical nutrition
expert is responsible for a patient's nutritional diagnosis and
treatment in light of a patient's medical diagnosis.

Finally, the CMS rules state that "we consider all patient diets to be
therapeutic in nature, regardless of the modality used to support the
nutritional needs o the patient and that the term would most certainly
include parenteral and enteral nutrition support".

However, New York State law does not permit CDNs to make an order. In
addition, since parenteral nutrition is dispensed by a pharmacist
within the facility, current law does not allow CDNs to order
nutrition via the parenteral dispensing process.

Language is needed to provide the authority and establish parameters
for responsible practice; acknowledging the responsibilities and
oversight of physician or pharmacist in the process of delivering
nutrition care.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective immediately
the Department of Education may promulgate any rule or regulation
necessary for the timely implementation of this act on this effective
date.

2015-S7692A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7692--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. LAVALLE -- 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

AN ACT to amend the education law, in relation to management  of  thera-
  peutic diet orders in a facility

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  8007
to read as follows:
  S  8007.  MANAGEMENT  OF THERAPEUTIC DIET ORDERS IN A FACILITY. 1.  AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A) "QUALIFIED DIETETIC PROFESSIONAL" OR "QUALIFIED NUTRITION  PROFES-
SIONAL" SHALL BE AN INDIVIDUAL WHO MEETS THE FOLLOWING REQUIREMENTS:
  (I)  HOLDS  A  VALID  LICENSE  AND CURRENT REGISTRATION AS A CERTIFIED
DIETICIAN OR CERTIFIED NUTRITIONIST IN ACCORDANCE WITH THIS ARTICLE; AND
  (II) HAS NET THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION  TWO  OF
SECTION  EIGHT  THOUSAND  FOUR  OF THIS ARTICLE AND SUBDIVISION THREE OF
SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE; AND
  (III) HOLDS A REGISTRATION OR CERTIFICATION FROM A NATIONAL  REGISTRA-
TION OR CERTIFYING ASSOCIATION, WITH STANDARDS ACCEPTABLE TO THE DEPART-
MENT,  THAT  PROVIDES  EDUCATION  AND TRAINING IN PARENTERAL AND ENTERAL
NUTRITION ACCEPTABLE TO  THE  DEPARTMENT  AND  IN  ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATIONS.
  (B)  "THERAPEUTIC  DIET"  IS A DIET INTERVENTION THAT PROVIDES FOOD OR
NUTRIENTS VIA ORAL, ENTERAL AND PARENTERAL ROUTES AS A PART OF TREATMENT
OF DISEASE OR CLINICAL CONDITIONS TO  MODIFY,  ELIMINATE,  DECREASE,  OR
INCREASE IDENTIFIED MICRO- AND MACRO-NUTRIENTS IN THE DIET.
  (C) "FACILITY" SHALL MEAN A HOSPITAL, INCLUDING ANY DIAGNOSTIC CENTER,
TREATMENT  CENTER,  OR HOSPITAL-BASED OUTPATIENT DEPARTMENT, RESIDENTIAL
HEALTH CARE FACILITY OR NURSING HOME  OR  ANY  FACILITY  AS  DEFINED  IN
SECTION  TWENTY-EIGHT  HUNDRED ONE OF THE PUBLIC HEALTH LAW, A HOME CARE
AGENCY AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWO OF THE PUBLIC HEALTH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15363-03-6

S. 7692--A                          2

LAW OR OTHER ENTITY THAT PROVIDES DIRECT PATIENT CARE UNDER THE AUSPICES
OF A MEDICAL DIRECTOR.
  2.  (A)  THE  MANAGEMENT OF THERAPEUTIC DIETS PERFORMED BY A QUALIFIED
DIETETIC PROFESSIONAL OR QUALIFIED  NUTRITION  PROFESSIONAL  INCLUDES  A
REVIEW,  EVALUATION, ORDER AND MANAGEMENT OF A THERAPEUTIC DIET, INCLUD-
ING THE ORDERING OF FOOD AND NUTRITION SUPPLEMENTS, AND  THE  MANAGEMENT
OF PARENTERAL OR ENTERAL NUTRITION, AS DEFINED IN THIS SUBDIVISION, TO A
PATIENT  WHO  IS BEING TREATED IN A FACILITY BY A PHYSICIAN FOR SPECIFIC
DISEASES OR DISEASE STATES, IN ACCORDANCE WITH THE POLICIES, PROCEDURES,
AND PROTOCOLS OF THE FACILITY.
  (B) THE MANAGEMENT OF PARENTERAL NUTRITION AS PART  OF  A  THERAPEUTIC
DIET  ORDER  BY A QUALIFIED DIETETIC PROFESSIONAL OR QUALIFIED NUTRITION
PROFESSIONAL MAY INCLUDE PRESCRIBING, ADJUSTING AND MANAGING A  DIET  OR
NUTRITION  REGIMEN  OF  A PATIENT PURSUANT TO A PATIENT SPECIFIC WRITTEN
ORDER OR PROTOCOL FOR PARENTERAL NUTRITION ACCESS MADE BY THE  PATIENT'S
PHYSICIAN.  IMPLEMENTATION OR ADJUSTMENTS SHALL BE MADE AFTER THE REVIEW
BY  THE  PHARMACISTS  RESPONSIBLE  TO  THE  FACILITY FOR THE CARE OF THE
PATIENT. THE PHYSICIAN OR FACILITY MAY PROHIBIT, BY WRITTEN INSTRUCTION,
ANY ADJUSTMENT OR CHANGE IN THE PATIENT'S DIET OR NUTRITION  REGIMEN  BY
THE QUALIFIED DIETETIC PROFESSIONAL OR QUALIFIED NUTRITION PROFESSIONAL.
  IN THE EVENT THAT A TREATING PHYSICIAN OR PHARMACIST MAY DISAGREE WITH
THE  EXERCISE OF PROFESSIONAL JUDGMENT BY THE QUALIFIED DIETETIC PROFES-
SIONAL OR QUALIFIED NUTRITION PROFESSIONAL AS IT RELATES TO THE  MANAGE-
MENT  OF PARENTERAL NUTRITION, THE JUDGMENT OF THE TREATING PHYSICIAN OR
PHARMACIST SHALL PREVAIL.
  (C) THE MANAGEMENT OF ENTERAL NUTRITION AS PART OF A THERAPEUTIC  DIET
ORDER  BY  A  QUALIFIED  DIETETIC  PROFESSIONAL  OR  QUALIFIED NUTRITION
PROFESSIONAL MAY INCLUDE ADJUSTING AND  MANAGING  A  DIET  OR  NUTRITION
REGIMEN  OF  A  PATIENT  PURSUANT TO A PATIENT SPECIFIC WRITTEN ORDER OR
PROTOCOL FOR ENTERAL NUTRITION ACCESS MADE BY THE  PATIENT'S  PHYSICIAN.
THE  PHYSICIAN  OR  FACILITY  MAY  PROHIBIT, BY WRITTEN INSTRUCTION, ANY
ADJUSTMENT OR CHANGE IN THE PATIENT'S DIET OR NUTRITION REGIMEN  BY  THE
QUALIFIED DIETETIC PROFESSIONAL OR QUALIFIED NUTRITION PROFESSIONAL.
  IN  THE EVENT THAT A TREATING PHYSICIAN MAY DISAGREE WITH THE EXERCISE
OF PROFESSIONAL JUDGMENT BY THE QUALIFIED DIETETIC PROFESSIONAL OR QUAL-
IFIED NUTRITION PROFESSIONAL AS IT RELATES TO THE MANAGEMENT OF  ENTERAL
NUTRITION, THE JUDGMENT OF THE TREATING PHYSICIAN SHALL PREVAIL.
  (D)  A  QUALIFIED DIETETIC PROFESSIONAL OR QUALIFIED NUTRITION PROFES-
SIONAL MAY EVALUATE AND, ONLY IF SPECIFICALLY AUTHORIZED  BY  THE  POLI-
CIES,  PROCEDURES,  OR  PROTOCOL  OF THE FACILITY AND ONLY TO THE EXTENT
NECESSARY TO DISCHARGE THE RESPONSIBILITIES SET FORTH IN  THIS  SECTION,
ORDER CLINICAL LABORATORY TESTS RELATED TO THE MANAGEMENT OF A THERAPEU-
TIC  DIET  ORDER  FOR  THE SPECIFIC DISEASES OR DISEASE STATES SPECIFIED
WITHIN THE WRITTEN ORDER OR  PROTOCOL,  AND  ORDER  OR  PERFORM  ROUTINE
PATIENT  MONITORING  FUNCTIONS AS MAY BE NECESSARY FOR THE MANAGEMENT OF
PARENTERAL AND ENTERAL NUTRITION.
  3. NOTHING HEREIN SHALL AUTHORIZE A QUALIFIED DIETETIC PROFESSIONAL OR
QUALIFIED NUTRITION PROFESSIONAL TO ESTABLISH OR MODIFY A MEDICAL  DIAG-
NOSIS.
  4.  THE AUTHORIZATION OF ANY QUALIFIED DIETETIC PROFESSIONAL OR QUALI-
FIED NUTRITION PROFESSIONAL TO ENGAGE IN THE MANAGEMENT OF A THERAPEUTIC
DIET ORDER, INCLUDING THE MANAGEMENT OF PARENTERAL  AND  ENTERAL  NUTRI-
TION, SHALL BE AT THE DISCRETION OF THE FACILITY.
  5.  NOTHING  HEREIN  CONTAINED SHALL BE DEEMED TO AUTHORIZE, GRANT, OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS CERTIFIED UNDER THIS ARTICLE.

S. 7692--A                          3

  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly the department of education may promulgate  any  rule  or  regulation
necessary  for  the  timely implementation of this act on this effective
date.

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Senate Bill S7692A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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Bill Amendments

2015-S7692 - Details

2015-S7692 - Summary

2015-S7692 - Sponsor Memo

2015-S7692 - Bill Text download pdf

2015-S7692A (ACTIVE) - Details

2015-S7692A (ACTIVE) - Summary

2015-S7692A (ACTIVE) - Sponsor Memo

2015-S7692A (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

2015-S7692 - Details

2015-S7692 - Summary

2015-S7692 - Sponsor Memo

2015-S7692 - Bill Text download pdf

2015-S7692A (ACTIVE) - Details

2015-S7692A (ACTIVE) - Summary

2015-S7692A (ACTIVE) - Sponsor Memo

2015-S7692A (ACTIVE) - Bill Text download pdf

Comments