S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2231
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by Sens. LAVALLE, AMEDORE -- 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  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.
   § 2. Section 8000 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 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.
              

                                                            LBD07866-01-7

 S. 2231                             2
 
   § 3. Section 8001 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 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.
   §  4.  The  education law is amended by adding a new section 8001-a to
 read as follows:
   § 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.
   § 5. Section 8002 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 8002. [Use]  AUTHORIZATION of [titles] TITLE.  Only a person [certi-
 fied] LICENSED under this article shall be authorized to use  the  title

 S. 2231                             3
 
 ["certified  dietitian", "certified dietician", or "certified nutrition-
 ist"] "LICENSED DIETITIAN/NUTRITIONIST" OR "LDN".
   §  6.  Section 8003 of the education law, as amended by chapter 282 of
 the laws of 1992, is amended to read as follows:
   § 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] TITLE.
   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]  A 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.
   § 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:
   § 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,

 S. 2231                             4

   (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;

 S. 2231                             5
 
   [5.] 6. Be at least eighteen years of age;
   7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   § 8. Section 8005 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 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  SEVENTEEN WHICH AMENDED THIS SECTION TAKES EFFECT FOR
 THE PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH  GOVERN-
 MENTAL  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.
   § 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:
   §  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  SEVENTEEN  WHICH  AMENDED  THIS SECTION SHALL BE LICENSED AS A
 LICENSED DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL  REQUIRE-
 MENTS.
   § 10. The education law is amended by adding two new sections 8007 and
 8008 to read as follows:
   §  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  CERTIFIED
 NURSE  PRACTITIONER  PRACTICING  HIS  OR HER PROFESSION AS DEFINED UNDER

 S. 2231                             6
 
 ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE; OR QUALIFIED  MEMBERS  OF
 OTHER  PROFESSIONS  LICENSED UNDER THIS TITLE FROM PERFORMING WORK INCI-
 DENTAL 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)  PRINCI-
 PLES  OF GOOD NUTRITION AND FOOD PREPARATION; (B) FOOD TO BE INCLUDED IN
 THE NORMAL DAILY DIET; (C) THE ESSENTIAL NUTRIENTS NEEDED BY  THE  BODY;
 (D) RECOMMENDED AMOUNTS OF THE ESSENTIAL NUTRIENTS, 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 RENDER-
 ING 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 § 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. § 1786.
   § 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.
   § 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 are authorized and directed  to
 be  made  and completed by the department of education on or before such
 effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2231--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sens. LAVALLE, AMEDORE, GALLIVAN -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Higher
   Education -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 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:
 
   Section 1. Legislative findings and declaration of purpose. The legis-
 lature  finds  that  the application of scientific knowledge relating to
 dietetics and 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 ambulatory 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 necessary in the provision of medical nutrition therapy, and ther-
 apeutic  diets,  for such professionals to be licensed under article 157
 of the education law to ensure quality nutrition care, consisting  of  a
 nutrition  assessment,  nutrition  diagnosis, nutrition intervention and
 the monitoring and evaluation of outcomes directly related to the nutri-
 tion 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.
   § 2. Section 8000 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 8000. Introduction.  This article applies to the use of  the  titles
 ["certified dietitian" and "certified nutritionist"] LICENSED NUTRITION-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07866-02-7

 S. 2231--A                          2
 
 IST OR "LN" AND "LICENSED DIETITIAN/NUTRITIONIST" OR "LDN" AND THE PRAC-
 TICE  OF  DIETETICS  AND  NUTRITION.    The  general  provision  for all
 professions contained in article one hundred thirty of this title  shall
 apply to this article.
   § 3. Section 8001 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 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.]
   1.  DIETETIC  AND  NUTRITION  PRACTICE  IS  THE APPLICATION OF MEDICAL
 NUTRITION THERAPY AND ELEMENTS OF NUTRITION CARE, WHICH INCLUDES  NUTRI-
 TION  ASSESSMENT,  NUTRITION  DIAGNOSIS, DIET OR NUTRITION INTERVENTION,
 COUNSELING, EVALUATION AND MONITORING FOR THE PREVENTION OR TREATMENT OF
 NUTRITION RELATED ILLNESSES, NOURISHMENT AND MALNOURISHMENT.
   2. A LICENSED NUTRITIONIST AND LICENSED  DIETITIAN/NUTRITIONIST  SHALL
 HAVE THE AUTHORITY, AS NECESSARY, AND LIMITED TO THE PRACTICE OF DIETET-
 ICS AND NUTRITION, TO ORDER DIAGNOSTIC TESTS AND DEVICES, AND LABORATORY
 TESTS, AS ESTABLISHED BY THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS.
   3.  A  LICENSED  NUTRITIONIST  AND LICENSED DIETITIAN/NUTRITIONIST MAY
 ORDER, WRITE, REVIEW, EVALUATE, MONITOR  AND  MANAGE  THERAPEUTIC  DIETS
 INCLUDING ENTERAL AND PARENTERAL DIETS.
   §  4.  The  education law is amended by adding a new section 8001-a to
 read as follows:
   § 8001-A. DEFINITIONS. FOR  PURPOSES  OF  THIS  ARTICLE:  1.  "MEDICAL
 NUTRITION  THERAPY"  IS  AN EVIDENCE BASED APPLICATION OF NUTRITION CARE
 FOCUSED ON PREVENTION, DELAY OR MANAGEMENT OF DISEASES  AND  CONDITIONS,
 AND INVOLVES AN IN-DEPTH ASSESSMENT, INTERVENTION AND PERIODIC REASSESS-
 MENT.
   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.  NOTHING IN THIS SECTION
 SHALL    AUTHORIZE    A    LICENSED     NUTRITIONIST     OR     LICENSED
 DIETITIAN/NUTRITIONIST TO MAKE A MEDICAL DIAGNOSIS.
   3.  "NUTRITION  ASSESSMENT" MEANS THE SYSTEMATIC PROCESS OF OBTAINING,
 VERIFYING, AND INTERPRETING BIOCHEMICAL,  ANTHROPOMETRIC,  NUTRIGENOMIC,
 PHYSICAL  AND  DIETARY  DATA IN ORDER TO MAKE DECISIONS ABOUT THE NATURE
 AND CAUSE OF NUTRITION RELATED PROBLEMS.  THE MERE COLLECTION  OF  THESE

 S. 2231--A                          3
 
 DATA FOR USE IN A NUTRITION 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, INCLUD-
 ING, BUT NOT LIMITED TO, THE RECOMMENDATION  OR  ORDERING  OF  FOOD  AND
 NUTRITION  SUPPLEMENTS  DESIGNED  TO POSITIVELY CHANGE NUTRITION RELATED
 BEHAVIOR, RISK FACTOR, ENVIRONMENTAL  CONDITION  OR  ASPECTS  OF  HEALTH
 STATUS FOR INDIVIDUALS, GROUPS, OR THE COMMUNITY.
   § 5. Section 8002 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 8002. [Use]    PRACTICE  AND AUTHORIZATION of titles.  Only a person
 [certified] LICENSED OR OTHERWISE AUTHORIZED under  this  article  shall
 [be  authorized  to]  PRACTICE  DIETETICS AND NUTRITION OR use the title
 ["certified dietitian", "certified dietician", or "certified  nutrition-
 ist"]     "LICENSED     NUTRITIONIST"     OR     "LN"    OR    "LICENSED
 DIETITIAN/NUTRITIONIST" OR "LDN"; PROVIDED,  HOWEVER,  THAT  NOTHING  IN
 THIS  ARTICLE  SHALL PREVENT AN INDIVIDUAL FROM USING ANY TITLE OBTAINED
 FROM A NATIONAL CREDENTIALING BODY.
   § 6. Section 8003 of the education law, as amended by chapter  282  of
 the laws of 1992, is amended to read as follows:
   § 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] TITLE.
   The  board  shall  consist of not less than [thirteen] ELEVEN members,
 [ten] FOUR 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 DIETITION/NUTRITIONISTS AND FOUR  OF  WHOM  SHALL  BE  LICENSED
 NUTRITIONISTS 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] FOUR 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;
 PROVIDED,  HOWEVER,  THAT  NO  SUCH  CREDENTIALED  MEMBER  SHALL BE ALSO
 CREDENTIALED BY A NATIONAL NUTRITION ASSOCIATION, NOR A NATIONAL DIETET-
 IC ASSOCIATION, RESPECTIVELY. [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 within
 the dietetic and nutritional community.    Three  members]  TWO  MEMBERS
 shall be representatives of the general public AND ONE MEMBER SHALL BE A
 PHYSICIAN  LICENSED  UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE.
 SUCH PHYSICIAN MEMBER SHALL NOT BE A MEMBER  OF  OR  CREDENTIALED  BY  A
 NATIONAL DIETETIC OR NATIONAL NUTRITION ASSOCIATION. An executive secre-
 tary  to  the  board  shall  be appointed by the board of regents on the
 recommendation of the commissioner.
   § 7. Section 8004 of the education law is REPEALED and a  new  section
 8004 is added to read as follows:

 S. 2231--A                          4

   §  8004.  REQUIREMENTS  FOR  PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A
 LICENSE AS A LICENSED  NUTRITIONIST,  AN  APPLICANT  SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:
   (A) FILE AN APPLICATION WITH THE DEPARTMENT;
   (B) EDUCATION:
   (1)  HAVE  RECEIVED  A  MASTER'S  OR DOCTORAL DEGREE IN NUTRITION OR A
 NUTRITION-RELATED SCIENCE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR
 DETERMINED BY THE  DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT,  IN
 ACCORDANCE  WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  A  MASTER'S  OR
 DOCTORAL DEGREE IN A HEALTHCARE FIELD FROM A PROGRAM REGISTERED  BY  THE
 DEPARTMENT  OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
   (2) HAVE COMPLETED COURSEWORK COVERING CONTENT AREAS INCLUDING BUT NOT
 LIMITED TO:
   (I) BIOCHEMISTRY;
   (II) METABOLISM IN HEALTH AND DISEASE;
   (III) ANATOMY AND PHYSIOLOGY;
   (IV) CLINICAL AND LIFE SCIENCES;
   (V) HUMAN NUTRITION, ACROSS THE LIFE CYCLE IN HEALTH AND DISEASE;
   (VI) NUTRITION ASSESSMENT AND EVALUATION;
   (VII) MEDICAL NUTRITION THERAPY, PLANNING AND IMPLEMENTATION;
   (VIII) FOOD CONTENT, SAFETY AND QUALITY; AND
   (IX)PROFESSIONAL ORIENTATION AND ETHICS.
   (C) EXPERIENCE:
   (1) COMPLETE A MINIMUM OF ONE THOUSAND HOURS OF SUPERVISED  EXPERIENCE
 RELEVANT  TO  THE  PRACTICE  OF  DIETETICS  AND  NUTRITION IN A PLANNED,
 CONTINUOUS EXPERIENCE SATISFACTORY TO THE DEPARTMENT AND  IN  ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS.  A PRACTICUM COMPLETED AS PART OF A
 GRADUATE LEVEL PROGRAM SHALL BE CONSIDERED SUPERVISED EXPERIENCE FOR THE
 PURPOSES  OF  THIS PARAGRAPH IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   (2) SUPERVISED EXPERIENCE SHALL BE UNDER THE SUPERVISION OF  AN  INDI-
 VIDUAL WITH EXPERIENCE IN THE PRACTICE OF DIETETICS AND NUTRITION WHO IS
 LICENSED  UNDER  THIS  ARTICLE  OR IS A LICENSED HEALTHCARE PROFESSIONAL
 UNDER THIS TITLE, SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE  WITH
 THE  COMMISSIONER'S  REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN
 ENTITY OPERATING UNDER A WAIVER ISSUED BY  THE  DEPARTMENT  PURSUANT  TO
 SECTION  SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE
 DEPARTMENT NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE  BEEN  OBTAINED
 PRIOR  TO  THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A
 OF THIS TITLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A  WAIVER.  THE
 DEPARTMENT  MAY,  FOR  GOOD  CAUSE SHOWN, ACCEPT SATISFACTORY EXPERIENCE
 THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIV-
 ER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE
 THAT WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE  BELIEF  THAT
 APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED
 THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERI-
 ENCE.
   (3)  EXPERIENCE  OBTAINED  PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE
 SHALL HAVE BEEN SUPERVISED BY A CERTIFIED DIETITIAN/NUTRITIONIST  OR  BY
 AN  INDIVIDUAL  CREDENTIALED  BY  OR  RECOGNIZED  AS  A  SUPERVISOR BY A
 NATIONAL DIETETIC CREDENTIALING  ORGANIZATION  OR  NATIONAL  NUTRITIONAL
 CREDENTIALING  ORGANIZATION.  SUCH  NATIONAL CREDENTIALING ORGANIZATIONS
 MUST BE ACCREDITED BY THE NATIONAL COMMISSION FOR  CERTIFYING  AGENCIES,
 AND  APPROVED  BY  THE  DEPARTMENT  AS  HAVING  CREDENTIALING  STANDARDS

 S. 2231--A                          5
 
 SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR  LICENSURE  PURSUANT
 TO THIS ARTICLE.
   (4)  EXPERIENCE  SHALL  BE  RELEVANT  TO THE PRACTICE OF DIETETICS AND
 NUTRITION UNDER VARYING CONDITIONS OF HEALTH AND DISEASE, SOCIAL,  PHYS-
 ICAL, PSYCHOLOGICAL AND ECONOMIC STATUS.
   (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; PROVIDED THAT SUCH EXAM-
 INATION SHALL TEST A LEVEL OF KNOWLEDGE  AND  EXPERIENCE  EQUIVALENT  TO
 THAT  OBTAINED  BY AN INDIVIDUAL SATISFACTORILY MEETING THE REQUIREMENTS
 OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION;
   (E) PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION AND/OR 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 SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL  REGISTRATION
 PERIOD;
   (F) BE AT LEAST EIGHTEEN YEARS OF AGE; AND
   (G) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   2.  TO  QUALIFY FOR A LICENSE AS A LICENSED DIETITIAN/NUTRITIONIST, AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   (A) FILE AN APPLICATION WITH THE DEPARTMENT;
   (B) EDUCATION: HAVE RECEIVED  AN  EDUCATION,  INCLUDING  A  BACHELOR'S
 DEGREE  OR  HIGHER  IN DIETETICS AND NUTRITION FROM A PROGRAM REGISTERED
 WITH THE DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE  SUBSTAN-
 TIAL  EQUIVALENT THEREOF, IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS;
 OR POST GRADUATE COMPLETION OF A GRADUATE COURSEWORK  IN  DIETETICS  AND
 NUTRITION  FROM  A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY
 THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF,  IN  ACCORDANCE
 WITH  THE  COMMISSIONER'S  REGULATIONS.  THE COURSEWORK IN DIETETICS AND
 NUTRITION SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING AREAS:
   (1) PHYSICAL AND LIFE SCIENCES, INCLUDING ORGANIC CHEMISTRY,  BIOCHEM-
 ISTRY,  PHYSIOLOGY,  GENETICS,  MICROBIOLOGY,  PHARMACOLOGY, STATISTICS,
 NUTRIENT METABOLISM AND NUTRITION ACROSS THE LIFESPAN;
   (2) HUMAN BEHAVIOR AND DIVERSITY, SUCH AS PSYCHOLOGY OR SOCIOLOGY  AND
 COUNSELING METHODS;
   (3) PROFESSIONAL PRACTICE AND ETHICS;
   (4)  NUTRITION  CARE  INCLUDING  MEDICAL  NUTRITION THERAPY, NUTRITION
 DIAGNOSIS AND ENTERAL AND PARENTERAL NUTRITION;
   (5) ROLE OF ENVIRONMENT, FOOD,  NUTRITION  AND  LIFESTYLE  CHOICES  IN
 HEALTH PROMOTION AND DISEASE PREVENTION; AND
   (6)  PRINCIPLES OF FOOD SCIENCE AND FOOD PREPARATION, AND FOOD SYSTEMS
 MANAGEMENT.
   (C) EXPERIENCE:
   (1) COMPLETE A MINIMUM OF ONE THOUSAND HOURS OF SUPERVISED  EXPERIENCE
 RELEVANT  TO  THE  PRACTICE  OF  DIETETICS  AND  NUTRITION IN A PLANNED,
 CONTINUOUS, EXPERIENCE PROGRAM SATISFACTORY TO  THE  DEPARTMENT  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. A PRACTICUM COMPLETED AS
 PART  OF  AN EDUCATION PROGRAM SHALL BE CONSIDERED SUPERVISED EXPERIENCE
 FOR PURPOSES OF THIS PARAGRAPH IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS.
   (2) SUPERVISED EXPERIENCE SHALL BE UNDER THE SUPERVISION OF A LICENSED
 DIETITIAN/NUTRITIONIST LICENSED UNDER THIS ARTICLE. SATISFACTORY EXPERI-
 ENCE  OBTAINED  IN  AN  ENTITY  OPERATING  UNDER  A WAIVER ISSUED BY THE
 DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS  TITLE
 MAY  BE  ACCEPTED BY THE DEPARTMENT NOTWITHSTANDING THAT SUCH EXPERIENCE

 S. 2231--A                          6
 
 MAY HAVE BEEN OBTAINED PRIOR TO  THE  EFFECTIVE  DATE  OF  SUCH  SECTION
 SIXTY-FIVE  HUNDRED  THREE-A  OF  THIS  TITLE AND/OR PRIOR TO THE ENTITY
 HAVING OBTAINED A WAIVER. THE DEPARTMENT  MAY,  FOR  GOOD  CAUSE  SHOWN,
 ACCEPT SATISFACTORY EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD
 HAVE BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM
 THE  DEPARTMENT  OR  EXPERIENCE  THAT  WAS OBTAINED IN GOOD FAITH BY THE
 APPLICANT UNDER THE  BELIEF  THAT  APPROPRIATE  AUTHORIZATION  HAD  BEEN
 OBTAINED  FOR  THE  EXPERIENCE,  PROVIDED THAT SUCH EXPERIENCE MEETS ALL
 OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE.
   (3) EXPERIENCE OBTAINED PRIOR TO THE EFFECTIVE DATE  OF  THIS  ARTICLE
 SHALL  HAVE  BEEN SUPERVISED BY A CERTIFIED DIETITIAN/NUTRITIONIST OR BY
 AN INDIVIDUAL CREDENTIALED  BY  OR  RECOGNIZED  AS  A  SUPERVISOR  BY  A
 NATIONAL  DIETETIC  CREDENTIALING  ORGANIZATION  OR NATIONAL NUTRITIONAL
 CREDENTIALING ORGANIZATION. SUCH  NATIONAL  CREDENTIALING  ORGANIZATIONS
 MUST  BE  ACCREDITED BY THE NATIONAL COMMISSION FOR CERTIFYING AGENCIES,
 AND  APPROVED  BY  THE  DEPARTMENT  AS  HAVING  CREDENTIALING  STANDARDS
 SUBSTANTIALLY  EQUIVALENT  TO STANDARDS SET FORTH FOR LICENSURE PURSUANT
 TO THIS ARTICLE.
   (4) EXPERIENCE SHALL BE RELEVANT TO  THE  PRACTICE  OF  DIETETICS  AND
 NUTRITION  UNDER VARYING CONDITIONS OF HEALTH AND DISEASE, SOCIAL, PHYS-
 ICAL, PSYCHOLOGICAL AND ECONOMIC STATUS.
   (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; PROVIDED THAT SUCH EXAM-
 INATION  SHALL  TEST  A  LEVEL OF KNOWLEDGE AND EXPERIENCE EQUIVALENT TO
 THAT OBTAINED BY AN INDIVIDUAL SATISFACTORILY MEETING  THE  REQUIREMENTS
 OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION;
   (E)  PAY  A  FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPARTMENT
 FOR ADMISSION TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND/OR  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 SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION
 PERIOD;
   (F) BE AT LEAST EIGHTEEN YEARS OF AGE; AND
   (G) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   § 8. Section 8005 of the education law is REPEALED.
   § 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:
   §  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.] 1. 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

 S. 2231--A                          7

 THOUSAND SEVENTEEN, WHICH AMENDED THIS SECTION, SHALL BE LICENSED  AS  A
 LICENSED  DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL REQUIRE-
 MENTS.
   2.  ANY  NON-EXEMPT  PERSON  PRACTICING THE PROFESSIONS TO BE LICENSED
 PURSUANT TO THIS ARTICLE SHALL APPLY FOR A LICENSE WITHIN  ONE  YEAR  OF
 THE EFFECTIVE DATE OF THIS SECTION.
   3.  ANY  NON-EXEMPT  PERSON  PRACTICING  THE PROFESSION THAT MEETS THE
 REQUIREMENTS FOR  A  LICENSE,  EXCEPT  FOR  EXPERIENCE,  AS  A  LICENSED
 DIETITIAN/NUTRITIONIST AS ESTABLISHED IN THIS ARTICLE, SUCH PERSON SHALL
 BE  ELIGIBLE  FOR  A LICENSE AS A DIETITIAN/NUTRITIONIST UNTIL TWO YEARS
 AFTER THE EFFECTIVE DATE  OF  THIS  SECTION  IF  THE  APPLICANT  SUBMITS
 EVIDENCE OF HAVING NINE HUNDRED HOURS OF SUPERVISED EXPERIENCE SATISFAC-
 TORY TO THE DEPARTMENT.
   §  10.  The education law is amended by adding four new sections 8007,
 8008, 8009 and 8010 to read as follows:
   § 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 CERTIFIED
 NURSE PRACTITIONER PRACTICING HIS OR HER  PROFESSION  AS  DEFINED  UNDER
 ARTICLE  ONE  HUNDRED THIRTY-NINE OF THIS TITLE; OR QUALIFIED MEMBERS OF
 OTHER PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING  WORK  INCI-
 DENTAL  TO  THE  PRACTICE OF THEIR PROFESSIONS, EXCEPT THAT SUCH PERSONS
 MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE AUTHORIZED BY THIS ARTICLE;
   2. A STUDENT, INTERN OR RESIDENT FROM  ENGAGING  IN  THE  PRACTICE  OF
 DIETETICS  OR  NUTRITION WHILE PARTICIPATING IN THE EDUCATION OR EXPERI-
 ENCE REQUIREMENTS DEFINED IN PARAGRAPHS (B) AND (C) OF SUBDIVISIONS  ONE
 AND TWO 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 TO INDIVIDUALS OR GROUPS GENER-
 AL NON-MEDICAL NUTRITION INFORMATION GUIDANCE, ENCOURAGEMENT;  OR  INDI-
 VIDUALIZED  NON-MEDICAL  NUTRITION  RECOMMENDATIONS  ON  FOOD OR DIETARY
 SUPPLEMENTS FOR THE PURPOSE OF PRIMARY PREVENTION OR MAINTENANCE OF GOOD
 HEALTH; OR ENGAGING IN THE EXPLANATION TO CUSTOMERS ABOUT FOOD  OR  FOOD
 PRODUCTS  IN  CONNECTION  WITH  THE  MARKETING AND DISTRIBUTION OF THOSE
 PRODUCTS; PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE  DEEMED  TO
 AUTHORIZE  THE  PROVISION OF MEDICAL NUTRITION THERAPY.  FOR PURPOSES OF
 THIS SUBDIVISION, "GENERAL NON-MEDICAL NUTRITION INFORMATION" AND "INDI-
 VIDUALIZED NON-MEDICAL NUTRITION RECOMMENDATIONS" MEANS  INFORMATION  OR
 RECOMMENDATIONS  ON  THE FOLLOWING: (A) PRINCIPLES OF GOOD NUTRITION AND
 FOOD PREPARATION; (B) FOOD TO BE INCLUDED IN THE NORMAL DAILY DIET;  (C)
 THE  ESSENTIAL  NUTRIENTS NEEDED BY THE BODY; (D) RECOMMENDED AMOUNTS OF
 THE ESSENTIAL NUTRIENTS, 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  ESSEN-
 TIAL NUTRIENTS;
   4.  A PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE A LICENSED
 DIETITIAN/NUTRITIONIST OR A LICENSED NUTRITIONIST FROM PROVIDING GENERAL
 NON-MEDICAL NUTRITION INFORMATION AND INDIVIDUALIZED NON-MEDICAL  RECOM-
 MENDATIONS  AS  DEFINED IN SUBDIVISION THREE OF THIS SECTION IF EMPLOYED
 BY OR OPERATING A HEALTH WEIGHT LOSS OR FITNESS PROGRAM;
   5. AN INDIVIDUAL EMPLOYED BY A WIC PROGRAM  AS  A  "COMPETENT  PROFES-
 SIONAL  AUTHORITY"  AS  DEFINED IN 7 C.F.R § 246.2 (1895) FROM PROVIDING
 NUTRITION SERVICES WITHIN SUCH WIC PROGRAM.  FOR  THE  PURPOSE  OF  THIS

 S. 2231--A                          8
 
 SUBDIVISION THE TERM "WIC PROGRAM" SHALL MEAN A PROGRAM AUTHORIZED BY 42
 U.S.C. § 1786; AND
   6.  A  DIET  OR  NUTRITION TECHNICIAN, AS DEFINED BY THE COMMISSIONER,
 AUTHORIZED BY THE DEPARTMENT AND UNDER THE DIRECTION AND SUPERVISION  OF
 A LICENSED DIETITIAN/NUTRITIONIST OR LICENSED NUTRITIONIST EMPLOYED IN A
 HOSPITAL,  INCLUDING  ANY DIAGNOSTIC CENTER, TREATMENT CENTER, OR HOSPI-
 TAL-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 SERVICES  AGENCY  LICENSED  OR
 CERTIFIED  AS  DEFINED  IN  SECTION  TWENTY-EIGHT  HUNDRED FIVE-X OF THE
 PUBLIC HEALTH LAW, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY
 OF THE PUBLIC HEALTH LAW, OR AN ENHANCED ASSISTED  LIVING  RESIDENCE  AS
 DEFINED  IN SECTION FORTY-SIX HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW
 AND CERTIFIED AND LICENSED PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC
 HEALTH LAW.  SUCH DIET OR NUTRITION TECHNICIAN SHALL BE INDIVIDUALS  WHO
 HAVE  MET STANDARDS, INCLUDING THOSE RELATING TO EDUCATION, EXAMINATION,
 CHARACTER, AND MAY INCLUDE STANDARDS RELATED TO EXPERIENCE,  AS  PROMUL-
 GATED  IN  REGULATIONS  BY  THE  COMMISSIONER.  SUCH INDIVIDUAL SHALL BE
 SUBJECT TO FULL DISCIPLINARY AND REGULATORY AUTHORITY OF  THE  BOARD  OF
 REGENTS  AND  THE STATE EDUCATION DEPARTMENT, PURSUANT TO THIS TITLE, AS
 IF SUCH AUTHORIZATION WERE A  PROFESSIONAL  LICENSE  ISSUED  UNDER  THIS
 ARTICLE. THE APPLICATION FEE FOR SUCH AUTHORIZATION SHALL BE ESTABLISHED
 IN REGULATION BY THE DEPARTMENT. EACH AUTHORIZED DIET OR NUTRITION TECH-
 NICIAN  SHALL  REGISTER  WITH THE DEPARTMENT EVERY THREE YEARS AND SHALL
 PAY A REGISTRATION FEE ESTABLISHED IN REGULATION BY THE DEPARTMENT.
   § 8008. LIMITED PERMIT. 1. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT
 TO AN APPLICANT FOR LICENSURE WHO HAS MET THE REQUIREMENTS OF  PARAGRAPH
 (B) OF SUBDIVISION TWO OF SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE.
   2.  THE  DURATION  OF A LIMITED PERMIT SHALL NOT EXCEED TWO YEARS FROM
 THE TIME OF ITS FIRST ISSUE AND THE DEPARTMENT MAY FOR GOOD CAUSE  RENEW
 A  LIMITED  PERMIT FOR AN ADDITIONAL ONE YEAR PROVIDED THAT NO APPLICANT
 SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN A TOTAL  OF  THREE
 YEARS.
   3.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
 OF INDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE AND MEET  THE  REQUIRE-
 MENTS  OF  PARAGRAPH (C) OF SUBDIVISION ONE OR PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE.
   4. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY-FIVE DOLLARS.
   § 8009. HOSPITAL PRIVILEGES. NOTHING HEREIN CONTAINED SHALL BE  DEEMED
 TO  AUTHORIZE,  GRANT,  OR  EXTEND  HOSPITAL  PRIVILEGES  TO INDIVIDUALS
 LICENSED UNDER THIS ARTICLE.
   § 8010. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL  BE  DEEMED
 PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
 FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
 OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICE  FOR
 SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL EVAL-
 UATION  OF  THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARDING
 SUCH ILLNESS. SUCH MEDICAL  EVALUATION  AND  CONSULTATION  SHALL  BE  TO
 DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
 ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS  MENTAL  ILLNESS"  MEANS
 SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR DEPRES-
 SIVE  DISORDER,  PANIC  DISORDER,  OBSESSIVE-COMPULSIVE DISORDER, ATTEN-
 TION-DEFICIT HYPERACTIVITY DISORDER AND AUTISM.
   2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
 THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:

 S. 2231--A                          9
 
   (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
 TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
 HER PROFESSION; AND
   (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
 TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
 MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING  RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   §  11.  Subparagraph  (i)  of  paragraph a of subdivision 1 of section
 6503-a of the education law, as amended by chapter 554 of  the  laws  of
 2013, is amended to read as follows:
   (i)  services  provided  under  article  one  hundred  fifty-four, ONE
 HUNDRED FIFTY-SEVEN, one hundred sixty-three or one hundred  sixty-seven
 of this title for which licensure would be required, or
   §  12.  Section 6505-b of the education law, as amended by chapter 477
 of the laws of 2008, is amended to read as follows:
   § 6505-b. Course work or  training  in  infection  control  practices.
 Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
 optometrist and dental hygienist, LICENSED  NUTRITIONIST,  AND  LICENSED
 DIETITIAN/NUTRITIONIST  practicing in the state shall, on or before July
 first, nineteen hundred ninety-four and  every  four  years  thereafter,
 complete course work or training appropriate to the professional's prac-
 tice  approved by the department regarding infection control and barrier
 precautions,  including  engineering  and  work  practice  controls,  in
 accordance  with  regulatory standards promulgated by the department, in
 consultation with the department of health, which shall  be  consistent,
 as  far as appropriate, with such standards adopted by the department of
 health pursuant to section two hundred thirty-nine of the public  health
 law  to  prevent  the  transmission  of HIV, HBV or HCV in the course of
 professional practice. Each such  professional  shall  document  to  the
 department  at the time of registration commencing with the first regis-
 tration after July first, nineteen hundred ninety-four that the  profes-
 sional  has  completed  course  work or training in accordance with this
 section, provided, however that a professional subject to the provisions
 of paragraph (f) of subdivision  one  of  section  twenty-eight  hundred
 five-k  of  the  public health law shall not be required to so document.
 The department shall provide  an  exemption  from  this  requirement  to
 anyone  who  requests such an exemption and who (i) clearly demonstrates
 to the department's satisfaction that there would be no need for him  or
 her  to  complete  such course work or training because of the nature of
 his or her practice or (ii) that he or she has completed course work  or
 training deemed by the department to be equivalent to the course work or
 training  approved  by  the  department  pursuant  to  this section. The
 department  shall   consult   with   organizations   representative   of
 professions,  institutions and those with expertise in infection control
 and HIV, HBV and HCV with respect to the regulatory standards promulgat-
 ed pursuant to this section.
   § 13. Paragraph a of subdivision 3 of section 6507  of  the  education
 law,  as  amended by chapter 554 of the laws of 2013, is amended to read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing, on or after January first, nineteen hundred ninety-one,  initially,

 S. 2231--A                         10
 
 or for the renewal of, a license, registration or limited permit to be a
 physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
 trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
 licensed  clinical  social  worker,  licensed  creative  arts therapist,
 licensed marriage and family therapist, licensed mental  health  counse-
 lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
 analyst, [or] certified behavior analyst assistant  OR  LICENSED  NUTRI-
 TIONIST OR LICENSED DIETICIAN/NUTRITIONIST shall, in addition to all the
 other  licensure,  certification  or permit requirements, have completed
 two hours of coursework or training  regarding  the  identification  and
 reporting  of  child  abuse and maltreatment. The coursework or training
 shall be obtained  from  an  institution  or  provider  which  has  been
 approved  by  the department to provide such coursework or training. The
 coursework or training shall include information regarding the  physical
 and behavioral indicators of child abuse and maltreatment and the statu-
 tory  reporting  requirements  set out in sections four hundred thirteen
 through four hundred twenty of the social services  law,  including  but
 not  limited  to, when and how a report must be made, what other actions
 the reporter is mandated or authorized to take,  the  legal  protections
 afforded  reporters,  and  the  consequences for failing to report. Such
 coursework or training may also include information regarding the  phys-
 ical  and  behavioral indicators of the abuse of individuals with mental
 retardation and other developmental disabilities and voluntary reporting
 of abused or neglected adults to the office of  mental  retardation  and
 developmental  disabilities or the local adult protective services unit.
 Each applicant shall provide the department with  documentation  showing
 that he or she has completed the required training. The department shall
 provide  an  exemption  from  the  child abuse and maltreatment training
 requirements to any applicant who requests such  an  exemption  and  who
 shows,  to  the  department's  satisfaction, that there would be no need
 because of the nature of his or her practice for him or her to  complete
 such training;
   §  14.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
 services law, as separately amended by chapters 126 and 205 of the  laws
 of 2014, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed  behavior  analyst;  certified  behavior   analyst   assistant;
 LICENSED NUTRITIONIST; LICENSED DIETITIAN/NUTRITIONIST; hospital person-
 nel engaged in the admission, examination, care or treatment of persons;
 a Christian Science practitioner; school official, which includes but is
 not  limited  to  school  teacher,  school  guidance  counselor,  school
 psychologist, school social worker, school nurse,  school  administrator

 S. 2231--A                         11
 
 or  other school personnel required to hold a teaching or administrative
 license or certificate; full or part-time  compensated  school  employee
 required  to  hold a temporary coaching license or professional coaching
 certificate;  social services worker; director of a children's overnight
 camp, summer day camp or traveling summer day camp, as  such  camps  are
 defined in section thirteen hundred ninety-two of the public health law;
 day care center worker; school-age child care worker; provider of family
 or  group  family  day care; employee or volunteer in a residential care
 facility for children that is licensed, certified  or  operated  by  the
 office  of  children  and  family  services;  or any other child care or
 foster care worker; mental health professional; substance abuse  counse-
 lor;  alcoholism  counselor;  all  persons credentialed by the office of
 alcoholism and substance abuse services; peace officer; police  officer;
 district  attorney or assistant district attorney; investigator employed
 in the office of a district attorney; or other law enforcement official.
   § 15. Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law,  as  amended  by section 2 of part Q of chapter 56 of the
 laws of 2017, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed   behavior   analyst;  certified  behavior  analyst  assistant;
 LICENSED NUTRITIONIST; LICENSED DIETITIAN/NUTRITIONIST; hospital person-
 nel engaged in the admission, examination, care or treatment of persons;
 a Christian Science practitioner; school official, which includes but is
 not  limited  to  school  teacher,  school  guidance  counselor,  school
 psychologist,  school  social worker, school nurse, school administrator
 or other school personnel required to hold a teaching or  administrative
 license  or  certificate;  full or part-time compensated school employee
 required to hold a temporary coaching license or  professional  coaching
 certificate; social services worker; employee of a publicly-funded emer-
 gency shelter for families with children; director of a children's over-
 night  camp, summer day camp or traveling summer day camp, as such camps
 are defined in section thirteen hundred ninety-two of the public  health
 law;  day  care center worker; school-age child care worker; provider of
 family or group family day care; employee or volunteer in a  residential
 care  facility  for  children that is licensed, certified or operated by
 the office of children and family services; or any other child  care  or
 foster  care worker; mental health professional; substance abuse counse-
 lor; alcoholism counselor; all persons credentialed  by  the  office  of
 alcoholism  and substance abuse services; peace officer; police officer;
 district attorney or assistant district attorney; investigator  employed
 in the office of a district attorney; or other law enforcement official.

 S. 2231--A                         12
 
   §  16.  Subdivision  5-a of section 488 of the social services law, as
 amended by chapter 205 of the laws  of  2014,  is  amended  to  read  as
 follows:
   5-a.  "Human  services professional" shall mean any: physician; regis-
 tered physician assistant; surgeon; medical examiner; coroner;  dentist;
 dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
 resident; intern; psychologist;  registered  nurse;  licensed  practical
 nurse;  nurse practitioner; social worker; emergency medical technician;
 licensed creative arts therapist; licensed marriage  and  family  thera-
 pist; licensed mental health counselor; licensed psychoanalyst; licensed
 behavior   analyst;   certified  behavior  analyst  assistant;  licensed
 speech/language pathologist or audiologist; licensed physical therapist;
 licensed  occupational  therapist;   LICENSED   NUTRITIONIST;   LICENSED
 DIETITIAN/NUTRITIONIST;  hospital  personnel  engaged  in the admission,
 examination, care or treatment of persons; Christian Science practition-
 er; school official, which includes but is not limited to school  teach-
 er,  school guidance counselor, school psychologist, school social work-
 er,  school  nurse,  school  administrator  or  other  school  personnel
 required  to  hold  a teaching or administrative license or certificate;
 full or part-time compensated school employee required to hold a  tempo-
 rary  coaching  license  or  professional  coaching  certificate; social
 services worker; any other child care  or  foster  care  worker;  mental
 health professional; person credentialed by the office of alcoholism and
 substance abuse services; peace officer; police officer; district attor-
 ney  or assistant district attorney; investigator employed in the office
 of a district attorney; or other law enforcement official.
   § 17. 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 are authorized and directed to
 be made and completed by the department of education on or  before  such
 effective  date; provided, further, that if section 2 of part Q of chap-
 ter 56 of the laws of 2017 shall not have taken effect on or before such
 date then section fifteen of this act shall take effect on the same date
 and in the same manner as such chapter of the laws of 2017 takes effect.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2231--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sens. LAVALLE, AMEDORE, BROOKS, GALLIVAN -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Higher  Education  --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Higher Education in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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:
 
   Section 1. Legislative findings and declaration of purpose. The legis-
 lature  finds  that  the application of scientific knowledge relating to
 dietetics and 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 ambulatory 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 necessary in the provision of medical nutrition therapy, and ther-
 apeutic  diets,  for such professionals to be licensed under article 157
 of the education law to ensure quality nutrition care, consisting  of  a
 nutrition  assessment,  nutrition  diagnosis, nutrition intervention and
 the monitoring and evaluation of outcomes directly related to the nutri-
 tion 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07866-05-7
              

 S. 2231--B                          2
 
   § 2. Section 8000 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 8000. Introduction.    This article applies to the use of the titles
 ["certified dietitian" and "certified nutritionist"] LICENSED NUTRITION-
 IST OR "LN" AND "LICENSED DIETITIAN/NUTRITIONIST" OR "LDN" AND THE PRAC-
 TICE OF  DIETETICS  AND  NUTRITION.    The  general  provision  for  all
 professions  contained in article one hundred thirty of this title shall
 apply to this article.
   § 3. Section 8001 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 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.]
   1. DIETETIC AND NUTRITION  PRACTICE  IS  THE  APPLICATION  OF  MEDICAL
 NUTRITION  THERAPY AND ELEMENTS OF NUTRITION CARE, WHICH INCLUDES NUTRI-
 TION ASSESSMENT, NUTRITION DIAGNOSIS, DIET  OR  NUTRITION  INTERVENTION,
 COUNSELING, EVALUATION AND MONITORING FOR THE PREVENTION OR TREATMENT OF
 NUTRITION RELATED ILLNESSES, NOURISHMENT AND MALNOURISHMENT.
   2.  A  LICENSED NUTRITIONIST AND LICENSED DIETITIAN/NUTRITIONIST SHALL
 HAVE THE AUTHORITY, AS NECESSARY, AND LIMITED TO THE PRACTICE OF DIETET-
 ICS AND NUTRITION, TO ORDER DIAGNOSTIC TESTS AND DEVICES, AND LABORATORY
 TESTS, AS ESTABLISHED BY THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S
 REGULATIONS.
   3. A LICENSED NUTRITIONIST  AND  LICENSED  DIETITIAN/NUTRITIONIST  MAY
 ORDER,  WRITE,  REVIEW,  EVALUATE,  MONITOR AND MANAGE THERAPEUTIC DIETS
 INCLUDING ENTERAL AND PARENTERAL DIETS.
   § 4. The education law is amended by adding a new  section  8001-a  to
 read as follows:
   §  8001-A.  DEFINITIONS.  FOR  PURPOSES  OF  THIS ARTICLE: 1. "MEDICAL
 NUTRITION THERAPY" IS AN EVIDENCE BASED APPLICATION  OF  NUTRITION  CARE
 FOCUSED  ON  PREVENTION, DELAY OR MANAGEMENT OF DISEASES AND CONDITIONS,
 AND INVOLVES AN IN-DEPTH ASSESSMENT, INTERVENTION AND PERIODIC REASSESS-
 MENT.
   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.  NOTHING IN THIS SECTION
 SHALL     AUTHORIZE     A     LICENSED    NUTRITIONIST    OR    LICENSED
 DIETITIAN/NUTRITIONIST TO MAKE A MEDICAL DIAGNOSIS.

 S. 2231--B                          3
 
   3. "NUTRITION ASSESSMENT" MEANS THE SYSTEMATIC PROCESS  OF  OBTAINING,
 VERIFYING,  AND  INTERPRETING BIOCHEMICAL, ANTHROPOMETRIC, NUTRIGENOMIC,
 PHYSICAL AND DIETARY DATA IN ORDER TO MAKE DECISIONS  ABOUT  THE  NATURE
 AND  CAUSE  OF NUTRITION RELATED PROBLEMS.  THE MERE COLLECTION OF THESE
 DATA FOR USE IN A NUTRITION 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,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  THE RECOMMENDATION OR ORDERING OF FOOD AND
 NUTRITION SUPPLEMENTS DESIGNED TO POSITIVELY  CHANGE  NUTRITION  RELATED
 BEHAVIOR,  RISK  FACTOR,  ENVIRONMENTAL  CONDITION  OR ASPECTS OF HEALTH
 STATUS FOR INDIVIDUALS, GROUPS, OR THE COMMUNITY.
   § 5. Section 8002 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 8002. [Use]  PRACTICE AND AUTHORIZATION of titles.   Only  a  person
 [certified]  LICENSED  OR  OTHERWISE AUTHORIZED under this article shall
 [be authorized to] PRACTICE DIETETICS AND NUTRITION  OR  use  the  title
 ["certified  dietitian", "certified dietician", or "certified nutrition-
 ist"]    "LICENSED    NUTRITIONIST"     OR     "LN"     OR     "LICENSED
 DIETITIAN/NUTRITIONIST"  OR  "LDN";  PROVIDED,  HOWEVER, THAT NOTHING IN
 THIS ARTICLE SHALL PREVENT AN INDIVIDUAL FROM USING ANY  TITLE  OBTAINED
 FROM A NATIONAL CREDENTIALING BODY.
   §  6.  Section 8003 of the education law, as amended by chapter 282 of
 the laws of 1992, is amended to read as follows:
   § 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] TITLE.
   The board shall consist of not less than  [thirteen]  ELEVEN  members,
 [ten]  FOUR  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  DIETITIAN/NUTRITIONISTS  AND  FOUR  OF  WHOM SHALL BE LICENSED
 NUTRITIONISTS 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] FOUR 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;
 PROVIDED, HOWEVER, THAT  NO  SUCH  CREDENTIALED  MEMBER  SHALL  BE  ALSO
 CREDENTIALED BY A NATIONAL NUTRITION ASSOCIATION, NOR A NATIONAL DIETET-
 IC  ASSOCIATION,  RESPECTIVELY.  [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 within
 the  dietetic  and  nutritional  community.   Three members] TWO MEMBERS
 shall be representatives of the general public AND ONE MEMBER SHALL BE A
 PHYSICIAN LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF  THIS  TITLE.
 SUCH  PHYSICIAN  MEMBER  SHALL  NOT  BE A MEMBER OF OR CREDENTIALED BY A
 NATIONAL DIETETIC OR NATIONAL NUTRITION ASSOCIATION. An executive secre-
 tary to the board shall be appointed by the  board  of  regents  on  the
 recommendation of the commissioner.

 S. 2231--B                          4
 
   §  7.  Section 8004 of the education law is REPEALED and a new section
 8004 is added to read as follows:
   §  8004.  REQUIREMENTS  FOR  PROFESSIONAL LICENSE. 1. TO QUALIFY FOR A
 LICENSE AS A LICENSED  NUTRITIONIST,  AN  APPLICANT  SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:
   (A) FILE AN APPLICATION WITH THE DEPARTMENT;
   (B) EDUCATION:
   (1)  HAVE  RECEIVED  A  MASTER'S  OR DOCTORAL DEGREE IN NUTRITION OR A
 NUTRITION-RELATED SCIENCE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR
 DETERMINED BY THE  DEPARTMENT  TO  BE  THE  SUBSTANTIAL  EQUIVALENT,  IN
 ACCORDANCE  WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  A  MASTER'S  OR
 DOCTORAL DEGREE IN A HEALTHCARE FIELD FROM A PROGRAM REGISTERED  BY  THE
 DEPARTMENT  OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
   (2) HAVE COMPLETED COURSEWORK COVERING CONTENT AREAS INCLUDING BUT NOT
 LIMITED TO:
   (I) BIOCHEMISTRY;
   (II) METABOLISM IN HEALTH AND DISEASE;
   (III) ANATOMY AND PHYSIOLOGY;
   (IV) CLINICAL AND LIFE SCIENCES;
   (V) HUMAN NUTRITION, ACROSS THE LIFE CYCLE IN HEALTH AND DISEASE;
   (VI) NUTRITION ASSESSMENT AND EVALUATION;
   (VII) MEDICAL NUTRITION THERAPY, PLANNING AND IMPLEMENTATION;
   (VIII) FOOD CONTENT, SAFETY AND QUALITY; AND
   (IX)PROFESSIONAL ORIENTATION AND ETHICS.
   (C) EXPERIENCE:
   (1) COMPLETE A MINIMUM OF ONE THOUSAND HOURS OF SUPERVISED  EXPERIENCE
 RELEVANT  TO  THE  PRACTICE  OF  DIETETICS  AND  NUTRITION IN A PLANNED,
 CONTINUOUS EXPERIENCE SATISFACTORY TO THE DEPARTMENT AND  IN  ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS.  A PRACTICUM COMPLETED AS PART OF A
 GRADUATE LEVEL PROGRAM SHALL BE CONSIDERED SUPERVISED EXPERIENCE FOR THE
 PURPOSES  OF  THIS PARAGRAPH IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS.
   (2) SUPERVISED EXPERIENCE SHALL BE UNDER THE SUPERVISION OF  AN  INDI-
 VIDUAL WITH EXPERIENCE IN THE PRACTICE OF DIETETICS AND NUTRITION WHO IS
 LICENSED  UNDER  THIS  ARTICLE  OR IS A LICENSED HEALTHCARE PROFESSIONAL
 UNDER THIS TITLE, SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE  WITH
 THE  COMMISSIONER'S  REGULATIONS. SATISFACTORY EXPERIENCE OBTAINED IN AN
 ENTITY OPERATING UNDER A WAIVER ISSUED BY  THE  DEPARTMENT  PURSUANT  TO
 SECTION  SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE MAY BE ACCEPTED BY THE
 DEPARTMENT NOTWITHSTANDING THAT SUCH EXPERIENCE MAY HAVE  BEEN  OBTAINED
 PRIOR  TO  THE EFFECTIVE DATE OF SUCH SECTION SIXTY-FIVE HUNDRED THREE-A
 OF THIS TITLE AND/OR PRIOR TO THE ENTITY HAVING OBTAINED A  WAIVER.  THE
 DEPARTMENT  MAY,  FOR  GOOD  CAUSE SHOWN, ACCEPT SATISFACTORY EXPERIENCE
 THAT WAS OBTAINED IN A SETTING THAT WOULD HAVE BEEN ELIGIBLE FOR A WAIV-
 ER BUT WHICH HAS NOT OBTAINED A WAIVER FROM THE DEPARTMENT OR EXPERIENCE
 THAT WAS OBTAINED IN GOOD FAITH BY THE APPLICANT UNDER THE  BELIEF  THAT
 APPROPRIATE AUTHORIZATION HAD BEEN OBTAINED FOR THE EXPERIENCE, PROVIDED
 THAT SUCH EXPERIENCE MEETS ALL OTHER REQUIREMENTS FOR ACCEPTABLE EXPERI-
 ENCE.
   (3)  EXPERIENCE  OBTAINED  PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
 SHALL HAVE BEEN SUPERVISED BY A CERTIFIED DIETITIAN/NUTRITIONIST  OR  BY
 AN  INDIVIDUAL  CREDENTIALED  BY  OR  RECOGNIZED  AS  A  SUPERVISOR BY A
 NATIONAL DIETETIC CREDENTIALING  ORGANIZATION  OR  NATIONAL  NUTRITIONAL
 CREDENTIALING  ORGANIZATION.  SUCH  NATIONAL CREDENTIALING ORGANIZATIONS
 MUST BE ACCREDITED BY THE NATIONAL COMMISSION FOR  CERTIFYING  AGENCIES,

 S. 2231--B                          5
 
 AND  APPROVED  BY  THE  DEPARTMENT  AS  HAVING  CREDENTIALING  STANDARDS
 SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR  LICENSURE  PURSUANT
 TO THIS ARTICLE.
   (4)  EXPERIENCE  SHALL  BE  RELEVANT  TO THE PRACTICE OF DIETETICS AND
 NUTRITION UNDER VARYING CONDITIONS OF HEALTH AND DISEASE, SOCIAL,  PHYS-
 ICAL, PSYCHOLOGICAL AND ECONOMIC STATUS.
   (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; PROVIDED THAT SUCH EXAM-
 INATION SHALL TEST A LEVEL OF KNOWLEDGE  AND  EXPERIENCE  EQUIVALENT  TO
 THAT  OBTAINED  BY AN INDIVIDUAL SATISFACTORILY MEETING THE REQUIREMENTS
 OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION;
   (E) PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION AND/OR 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 SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL  REGISTRATION
 PERIOD;
   (F) BE AT LEAST EIGHTEEN YEARS OF AGE; AND
   (G) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   2.  TO  QUALIFY FOR A LICENSE AS A LICENSED DIETITIAN/NUTRITIONIST, AN
 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   (A) FILE AN APPLICATION WITH THE DEPARTMENT;
   (B) EDUCATION: HAVE RECEIVED  AN  EDUCATION,  INCLUDING  A  BACHELOR'S
 DEGREE  OR  HIGHER  IN DIETETICS AND NUTRITION FROM A PROGRAM REGISTERED
 WITH THE DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE  SUBSTAN-
 TIAL  EQUIVALENT THEREOF, IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS;
 OR POST GRADUATE COMPLETION OF A GRADUATE COURSEWORK  IN  DIETETICS  AND
 NUTRITION  FROM  A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY
 THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF,  IN  ACCORDANCE
 WITH  THE  COMMISSIONER'S  REGULATIONS.  THE COURSEWORK IN DIETETICS AND
 NUTRITION SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING AREAS:
   (1) PHYSICAL AND LIFE SCIENCES, INCLUDING ORGANIC CHEMISTRY,  BIOCHEM-
 ISTRY,  PHYSIOLOGY,  GENETICS,  MICROBIOLOGY,  PHARMACOLOGY, STATISTICS,
 NUTRIENT METABOLISM AND NUTRITION ACROSS THE LIFESPAN;
   (2) HUMAN BEHAVIOR AND DIVERSITY, SUCH AS PSYCHOLOGY OR SOCIOLOGY  AND
 COUNSELING METHODS;
   (3) PROFESSIONAL PRACTICE AND ETHICS;
   (4)  NUTRITION  CARE  INCLUDING  MEDICAL  NUTRITION THERAPY, NUTRITION
 DIAGNOSIS AND ENTERAL AND PARENTERAL NUTRITION;
   (5) ROLE OF ENVIRONMENT, FOOD,  NUTRITION  AND  LIFESTYLE  CHOICES  IN
 HEALTH PROMOTION AND DISEASE PREVENTION; AND
   (6)  PRINCIPLES OF FOOD SCIENCE AND FOOD PREPARATION, AND FOOD SYSTEMS
 MANAGEMENT.
   (C) EXPERIENCE:
   (1) COMPLETE A MINIMUM OF ONE THOUSAND HOURS OF SUPERVISED  EXPERIENCE
 RELEVANT  TO  THE  PRACTICE  OF  DIETETICS  AND  NUTRITION IN A PLANNED,
 CONTINUOUS, EXPERIENCE PROGRAM SATISFACTORY TO  THE  DEPARTMENT  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. A PRACTICUM COMPLETED AS
 PART  OF  AN EDUCATION PROGRAM SHALL BE CONSIDERED SUPERVISED EXPERIENCE
 FOR PURPOSES OF THIS PARAGRAPH IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS.
   (2) SUPERVISED EXPERIENCE SHALL BE UNDER THE SUPERVISION OF A LICENSED
 DIETITIAN/NUTRITIONIST LICENSED UNDER THIS ARTICLE. SATISFACTORY EXPERI-
 ENCE  OBTAINED  IN  AN  ENTITY  OPERATING  UNDER  A WAIVER ISSUED BY THE
 DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS  TITLE

 S. 2231--B                          6
 
 MAY  BE  ACCEPTED BY THE DEPARTMENT NOTWITHSTANDING THAT SUCH EXPERIENCE
 MAY HAVE BEEN OBTAINED PRIOR TO  THE  EFFECTIVE  DATE  OF  SUCH  SECTION
 SIXTY-FIVE  HUNDRED  THREE-A  OF  THIS  TITLE AND/OR PRIOR TO THE ENTITY
 HAVING  OBTAINED  A  WAIVER.  THE  DEPARTMENT MAY, FOR GOOD CAUSE SHOWN,
 ACCEPT SATISFACTORY EXPERIENCE THAT WAS OBTAINED IN A SETTING THAT WOULD
 HAVE BEEN ELIGIBLE FOR A WAIVER BUT WHICH HAS NOT OBTAINED A WAIVER FROM
 THE DEPARTMENT OR EXPERIENCE THAT WAS OBTAINED  IN  GOOD  FAITH  BY  THE
 APPLICANT  UNDER  THE  BELIEF  THAT  APPROPRIATE  AUTHORIZATION HAD BEEN
 OBTAINED FOR THE EXPERIENCE, PROVIDED THAT  SUCH  EXPERIENCE  MEETS  ALL
 OTHER REQUIREMENTS FOR ACCEPTABLE EXPERIENCE.
   (3)  EXPERIENCE  OBTAINED  PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
 SHALL HAVE BEEN SUPERVISED BY A CERTIFIED DIETITIAN/NUTRITIONIST  OR  BY
 AN  INDIVIDUAL  CREDENTIALED  BY  OR  RECOGNIZED  AS  A  SUPERVISOR BY A
 NATIONAL DIETETIC CREDENTIALING  ORGANIZATION  OR  NATIONAL  NUTRITIONAL
 CREDENTIALING  ORGANIZATION.  SUCH  NATIONAL CREDENTIALING ORGANIZATIONS
 MUST BE ACCREDITED BY THE NATIONAL COMMISSION FOR  CERTIFYING  AGENCIES,
 AND  APPROVED  BY  THE  DEPARTMENT  AS  HAVING  CREDENTIALING  STANDARDS
 SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR  LICENSURE  PURSUANT
 TO THIS ARTICLE.
   (4)  EXPERIENCE  SHALL  BE  RELEVANT  TO THE PRACTICE OF DIETETICS AND
 NUTRITION UNDER VARYING CONDITIONS OF HEALTH AND DISEASE, SOCIAL,  PHYS-
 ICAL, PSYCHOLOGICAL AND ECONOMIC STATUS.
   (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; PROVIDED THAT SUCH EXAM-
 INATION SHALL TEST A LEVEL OF KNOWLEDGE  AND  EXPERIENCE  EQUIVALENT  TO
 THAT  OBTAINED  BY AN INDIVIDUAL SATISFACTORILY MEETING THE REQUIREMENTS
 OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION;
   (E) PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS  TO  THE  DEPARTMENT
 FOR  ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION AND/OR 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 SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL  REGISTRATION
 PERIOD;
   (F) BE AT LEAST EIGHTEEN YEARS OF AGE; AND
   (G) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   § 8. Section 8005 of the education law is REPEALED.
   § 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:
   § 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.] 1. ANY
 PERSON  WHO  IS  LICENSED AS A CERTIFIED DIETITIAN OR A CERTIFIED NUTRI-

 S. 2231--B                          7
 
 TIONIST (CDN) ON THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF  TWO
 THOUSAND  SEVENTEEN,  WHICH AMENDED THIS SECTION, SHALL BE LICENSED AS A
 LICENSED DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL  REQUIRE-
 MENTS.
   2.  ANY  NON-EXEMPT  PERSON  PRACTICING THE PROFESSIONS TO BE LICENSED
 PURSUANT TO THIS ARTICLE SHALL APPLY FOR A LICENSE WITHIN  ONE  YEAR  OF
 THE EFFECTIVE DATE OF THIS SECTION.
   3.  ANY  NON-EXEMPT  PERSON  PRACTICING  THE PROFESSION THAT MEETS THE
 REQUIREMENTS FOR  A  LICENSE,  EXCEPT  FOR  EXPERIENCE,  AS  A  LICENSED
 DIETITIAN/NUTRITIONIST AS ESTABLISHED IN THIS ARTICLE, SUCH PERSON SHALL
 BE  ELIGIBLE  FOR  A LICENSE AS A DIETITIAN/NUTRITIONIST UNTIL TWO YEARS
 AFTER THE EFFECTIVE DATE  OF  THIS  SECTION  IF  THE  APPLICANT  SUBMITS
 EVIDENCE OF HAVING NINE HUNDRED HOURS OF SUPERVISED EXPERIENCE SATISFAC-
 TORY TO THE DEPARTMENT.
   §  10.  The education law is amended by adding four new sections 8007,
 8008, 8009 and 8010 to read as follows:
   § 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 CERTIFIED
 NURSE PRACTITIONER PRACTICING HIS OR HER  PROFESSION  AS  DEFINED  UNDER
 ARTICLE  ONE  HUNDRED THIRTY-NINE OF THIS TITLE; OR QUALIFIED MEMBERS OF
 OTHER PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING  WORK  INCI-
 DENTAL  TO  THE  PRACTICE OF THEIR PROFESSIONS, EXCEPT THAT SUCH PERSONS
 MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE AUTHORIZED BY THIS ARTICLE;
   2. A STUDENT, INTERN OR RESIDENT FROM  ENGAGING  IN  THE  PRACTICE  OF
 DIETETICS  OR  NUTRITION WHILE PARTICIPATING IN THE EDUCATION OR EXPERI-
 ENCE REQUIREMENTS DEFINED IN PARAGRAPHS (B) AND (C) OF SUBDIVISIONS  ONE
 AND TWO 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 TO INDIVIDUALS OR GROUPS GENER-
 AL NON-MEDICAL NUTRITION INFORMATION GUIDANCE, ENCOURAGEMENT;  OR  INDI-
 VIDUALIZED  NON-MEDICAL  NUTRITION  RECOMMENDATIONS  ON  FOOD OR DIETARY
 SUPPLEMENTS FOR THE PURPOSE OF PRIMARY PREVENTION OR MAINTENANCE OF GOOD
 HEALTH; OR ENGAGING IN THE EXPLANATION TO CUSTOMERS ABOUT FOOD  OR  FOOD
 PRODUCTS  IN  CONNECTION  WITH  THE  MARKETING AND DISTRIBUTION OF THOSE
 PRODUCTS; PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE  DEEMED  TO
 AUTHORIZE  THE  PROVISION OF MEDICAL NUTRITION THERAPY.  FOR PURPOSES OF
 THIS SUBDIVISION, "GENERAL NON-MEDICAL NUTRITION INFORMATION" AND "INDI-
 VIDUALIZED NON-MEDICAL NUTRITION RECOMMENDATIONS" MEANS  INFORMATION  OR
 RECOMMENDATIONS  ON  THE FOLLOWING: (A) PRINCIPLES OF GOOD NUTRITION AND
 FOOD PREPARATION; (B) FOOD TO BE INCLUDED IN THE NORMAL DAILY DIET;  (C)
 THE  ESSENTIAL  NUTRIENTS NEEDED BY THE BODY; (D) RECOMMENDED AMOUNTS OF
 THE ESSENTIAL NUTRIENTS, BASED ON ESTABLISHED STANDARDS; (E) THE ACTIONS
 OF NUTRIENTS ON THE BODY; (F) THE EFFECTS OF DEFICIENCIES OR EXCESSES OF
 NUTRIENTS; (G) FOOD AND SUPPLEMENTS THAT ARE GOOD SOURCES  OF  ESSENTIAL
 NUTRIENTS;  OR  (H) EVIDENCE BASED RECOMMENDATIONS ON NUTRITION AND DIET
 DEMONSTRATED TO MAINTAIN GOOD HEALTH AND FOR  THE  PURPOSES  OF  PRIMARY
 PREVENTION;
   4.  A PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE A LICENSED
 DIETITIAN/NUTRITIONIST OR A LICENSED NUTRITIONIST FROM PROVIDING GENERAL
 NON-MEDICAL NUTRITION INFORMATION AND INDIVIDUALIZED NON-MEDICAL  RECOM-
 MENDATIONS  AS  DEFINED IN SUBDIVISION THREE OF THIS SECTION IF EMPLOYED
 BY OR OPERATING A HEALTH WEIGHT LOSS OR FITNESS PROGRAM;

 S. 2231--B                          8
 
   5. AN INDIVIDUAL EMPLOYED BY A WIC PROGRAM  AS  A  "COMPETENT  PROFES-
 SIONAL  AUTHORITY"  AS  DEFINED IN 7 C.F.R § 246.2 (1895) FROM PROVIDING
 NUTRITION SERVICES WITHIN SUCH WIC PROGRAM.  FOR  THE  PURPOSE  OF  THIS
 SUBDIVISION THE TERM "WIC PROGRAM" SHALL MEAN A PROGRAM AUTHORIZED BY 42
 U.S.C. § 1786; AND
   6.  A  DIET  OR  NUTRITION TECHNICIAN, AS DEFINED BY THE COMMISSIONER,
 AUTHORIZED BY THE DEPARTMENT AND UNDER THE DIRECTION AND SUPERVISION  OF
 A LICENSED DIETITIAN/NUTRITIONIST OR LICENSED NUTRITIONIST EMPLOYED IN A
 HOSPITAL,  INCLUDING  ANY DIAGNOSTIC CENTER, TREATMENT CENTER, OR HOSPI-
 TAL-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 SERVICES  AGENCY  LICENSED  OR
 CERTIFIED  AS  DEFINED  IN  SECTION  TWENTY-EIGHT  HUNDRED FIVE-X OF THE
 PUBLIC HEALTH LAW, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY
 OF THE PUBLIC HEALTH LAW, OR AN ENHANCED ASSISTED  LIVING  RESIDENCE  AS
 DEFINED  IN SECTION FORTY-SIX HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW
 AND CERTIFIED AND LICENSED PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC
 HEALTH LAW.  SUCH DIET OR NUTRITION TECHNICIAN SHALL BE INDIVIDUALS  WHO
 HAVE  MET STANDARDS, INCLUDING THOSE RELATING TO EDUCATION, EXAMINATION,
 CHARACTER, AND MAY INCLUDE STANDARDS RELATED TO EXPERIENCE,  AS  PROMUL-
 GATED  IN  REGULATIONS  BY  THE  COMMISSIONER.  SUCH INDIVIDUAL SHALL BE
 SUBJECT TO FULL DISCIPLINARY AND REGULATORY AUTHORITY OF  THE  BOARD  OF
 REGENTS  AND  THE STATE EDUCATION DEPARTMENT, PURSUANT TO THIS TITLE, AS
 IF SUCH AUTHORIZATION WERE A  PROFESSIONAL  LICENSE  ISSUED  UNDER  THIS
 ARTICLE. THE APPLICATION FEE FOR SUCH AUTHORIZATION SHALL BE ESTABLISHED
 IN REGULATION BY THE DEPARTMENT. EACH AUTHORIZED DIET OR NUTRITION TECH-
 NICIAN  SHALL  REGISTER  WITH THE DEPARTMENT EVERY THREE YEARS AND SHALL
 PAY A REGISTRATION FEE ESTABLISHED IN REGULATION BY THE DEPARTMENT.
   § 8008. LIMITED PERMIT. 1. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT
 TO AN APPLICANT FOR LICENSURE WHO HAS MET THE REQUIREMENTS OF  PARAGRAPH
 (B) OF SUBDIVISION TWO OF SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE.
   2.  THE  DURATION  OF A LIMITED PERMIT SHALL NOT EXCEED TWO YEARS FROM
 THE TIME OF ITS FIRST ISSUE AND THE DEPARTMENT MAY FOR GOOD CAUSE  RENEW
 A  LIMITED  PERMIT FOR AN ADDITIONAL ONE YEAR PROVIDED THAT NO APPLICANT
 SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN A TOTAL  OF  THREE
 YEARS.
   3.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
 OF INDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE AND MEET  THE  REQUIRE-
 MENTS  OF  PARAGRAPH (C) OF SUBDIVISION ONE OR PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE.
   4. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY-FIVE DOLLARS.
   § 8009. HOSPITAL PRIVILEGES. NOTHING HEREIN CONTAINED SHALL BE  DEEMED
 TO  AUTHORIZE,  GRANT,  OR  EXTEND  HOSPITAL  PRIVILEGES  TO INDIVIDUALS
 LICENSED UNDER THIS ARTICLE.
   § 8010. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1. IT SHALL  BE  DEEMED
 PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
 FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
 OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE ANY MENTAL HEALTH SERVICE  FOR
 SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A MEDICAL EVAL-
 UATION  OF  THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARDING
 SUCH ILLNESS. SUCH MEDICAL  EVALUATION  AND  CONSULTATION  SHALL  BE  TO
 DETERMINE  AND  ADVISE  WHETHER  ANY  MEDICAL CARE IS INDICATED FOR SUCH
 ILLNESS. FOR PURPOSES OF THIS SECTION, "SERIOUS  MENTAL  ILLNESS"  MEANS
 SCHIZOPHRENIA, SCHIZOAFFECTIVE DISORDER, BIPOLAR DISORDER, MAJOR DEPRES-
 SIVE  DISORDER,  PANIC  DISORDER,  OBSESSIVE-COMPULSIVE DISORDER, ATTEN-
 TION-DEFICIT HYPERACTIVITY DISORDER AND AUTISM.

 S. 2231--B                          9
 
   2. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
 THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
   (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
 TREATMENT,  THERAPY,  OR  PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
 HER PROFESSION; AND
   (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES  OF  THIS
 SUBDIVISION,  "INVASIVE  PROCEDURE"  MEANS  ANY PROCEDURE IN WHICH HUMAN
 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR  OTHER
 MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY.
   § 11. Subparagraph (i) of paragraph a  of  subdivision  1  of  section
 6503-a  of  the  education law, as amended by chapter 554 of the laws of
 2013, is amended to read as follows:
   (i) services  provided  under  article  one  hundred  fifty-four,  ONE
 HUNDRED  FIFTY-SEVEN, one hundred sixty-three or one hundred sixty-seven
 of this title for which licensure would be required, or
   § 12. Section 6505-b of the education law, as amended by  chapter  477
 of the laws of 2008, is amended to read as follows:
   § 6505-b. Course  work  or  training  in  infection control practices.
 Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
 optometrist  and  dental  hygienist, LICENSED NUTRITIONIST, AND LICENSED
 DIETITIAN/NUTRITIONIST practicing in the state shall, on or before  July
 first,  nineteen  hundred  ninety-four  and every four years thereafter,
 complete course work or training appropriate to the professional's prac-
 tice approved by the department regarding infection control and  barrier
 precautions,  including  engineering  and  work  practice  controls,  in
 accordance with regulatory standards promulgated by the  department,  in
 consultation  with  the department of health, which shall be consistent,
 as far as appropriate, with such standards adopted by the department  of
 health  pursuant to section two hundred thirty-nine of the public health
 law to prevent the transmission of HIV, HBV or  HCV  in  the  course  of
 professional  practice.  Each  such  professional  shall document to the
 department at the time of registration commencing with the first  regis-
 tration  after July first, nineteen hundred ninety-four that the profes-
 sional has completed course work or training  in  accordance  with  this
 section, provided, however that a professional subject to the provisions
 of  paragraph  (f)  of  subdivision  one of section twenty-eight hundred
 five-k of the public health law shall not be required  to  so  document.
 The  department  shall  provide  an  exemption  from this requirement to
 anyone who requests such an exemption and who (i)  clearly  demonstrates
 to  the department's satisfaction that there would be no need for him or
 her to complete such course work or training because of  the  nature  of
 his  or her practice or (ii) that he or she has completed course work or
 training deemed by the department to be equivalent to the course work or
 training approved by  the  department  pursuant  to  this  section.  The
 department   shall   consult   with   organizations   representative  of
 professions, institutions and those with expertise in infection  control
 and HIV, HBV and HCV with respect to the regulatory standards promulgat-
 ed pursuant to this section.
   §  13.  Paragraph  a of subdivision 3 of section 6507 of the education
 law, as amended by chapter 554 of the laws of 2013, is amended  to  read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the

 S. 2231--B                         10
 
 commissioner shall establish standards requiring that all persons apply-
 ing,  on or after January first, nineteen hundred ninety-one, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
 trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
 licensed  clinical  social  worker,  licensed  creative  arts therapist,
 licensed marriage and family therapist, licensed mental  health  counse-
 lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
 analyst, [or] certified behavior analyst assistant  OR  LICENSED  NUTRI-
 TIONIST OR LICENSED DIETICIAN/NUTRITIONIST shall, in addition to all the
 other  licensure,  certification  or permit requirements, have completed
 two hours of coursework or training  regarding  the  identification  and
 reporting  of  child  abuse and maltreatment. The coursework or training
 shall be obtained  from  an  institution  or  provider  which  has  been
 approved  by  the department to provide such coursework or training. The
 coursework or training shall include information regarding the  physical
 and behavioral indicators of child abuse and maltreatment and the statu-
 tory  reporting  requirements  set out in sections four hundred thirteen
 through four hundred twenty of the social services  law,  including  but
 not  limited  to, when and how a report must be made, what other actions
 the reporter is mandated or authorized to take,  the  legal  protections
 afforded  reporters,  and  the  consequences for failing to report. Such
 coursework or training may also include information regarding the  phys-
 ical  and  behavioral indicators of the abuse of individuals with mental
 retardation and other developmental disabilities and voluntary reporting
 of abused or neglected adults to the office of  mental  retardation  and
 developmental  disabilities or the local adult protective services unit.
 Each applicant shall provide the department with  documentation  showing
 that he or she has completed the required training. The department shall
 provide  an  exemption  from  the  child abuse and maltreatment training
 requirements to any applicant who requests such  an  exemption  and  who
 shows,  to  the  department's  satisfaction, that there would be no need
 because of the nature of his or her practice for him or her to  complete
 such training;
   §  14.    Paragraph  (a) of subdivision 1 of section 413 of the social
 services law, as amended by section 2 of part Q of  chapter  56  of  the
 laws of 2017, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed  behavior  analyst;  certified  behavior   analyst   assistant;
 LICENSED NUTRITIONIST; LICENSED DIETITIAN/NUTRITIONIST; hospital person-
 nel engaged in the admission, examination, care or treatment of persons;
 a Christian Science practitioner; school official, which includes but is

 S. 2231--B                         11
 
 not  limited  to  school  teacher,  school  guidance  counselor,  school
 psychologist, school social worker, school nurse,  school  administrator
 or  other school personnel required to hold a teaching or administrative
 license  or  certificate;  full or part-time compensated school employee
 required to hold a temporary coaching license or  professional  coaching
 certificate; social services worker; employee of a publicly-funded emer-
 gency shelter for families with children; director of a children's over-
 night  camp, summer day camp or traveling summer day camp, as such camps
 are defined in section thirteen hundred ninety-two of the public  health
 law;  day  care center worker; school-age child care worker; provider of
 family or group family day care; employee or volunteer in a  residential
 care  facility  for  children that is licensed, certified or operated by
 the office of children and family services; or any other child  care  or
 foster  care worker; mental health professional; substance abuse counse-
 lor; alcoholism counselor; all persons credentialed  by  the  office  of
 alcoholism  and substance abuse services; peace officer; police officer;
 district attorney or assistant district attorney; investigator  employed
 in the office of a district attorney; or other law enforcement official.
   §  15.  Subdivision  5-a of section 488 of the social services law, as
 amended by chapter 205 of the laws  of  2014,  is  amended  to  read  as
 follows:
   5-a.  "Human  services professional" shall mean any: physician; regis-
 tered physician assistant; surgeon; medical examiner; coroner;  dentist;
 dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
 resident; intern; psychologist;  registered  nurse;  licensed  practical
 nurse;  nurse practitioner; social worker; emergency medical technician;
 licensed creative arts therapist; licensed marriage  and  family  thera-
 pist; licensed mental health counselor; licensed psychoanalyst; licensed
 behavior   analyst;   certified  behavior  analyst  assistant;  licensed
 speech/language pathologist or audiologist; licensed physical therapist;
 licensed  occupational  therapist;   LICENSED   NUTRITIONIST;   LICENSED
 DIETITIAN/NUTRITIONIST;  hospital  personnel  engaged  in the admission,
 examination, care or treatment of persons; Christian Science practition-
 er; school official, which includes but is not limited to school  teach-
 er,  school guidance counselor, school psychologist, school social work-
 er,  school  nurse,  school  administrator  or  other  school  personnel
 required  to  hold  a teaching or administrative license or certificate;
 full or part-time compensated school employee required to hold a  tempo-
 rary  coaching  license  or  professional  coaching  certificate; social
 services worker; any other child care  or  foster  care  worker;  mental
 health professional; person credentialed by the office of alcoholism and
 substance abuse services; peace officer; police officer; district attor-
 ney  or assistant district attorney; investigator employed in the office
 of a district attorney; or other law enforcement official.
   § 16. 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 are authorized and directed to
 be made and completed by the department of education on or  before  such
 effective date.