The New York State Senate

                    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.