S T A T E O F N E W Y O R K
________________________________________________________________________
7660
2019-2020 Regular Sessions
I N A S S E M B L Y
May 14, 2019
___________
Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to delivering nutrition
care through therapeutic diets
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
legislature finds that the Center for Medicaid and Medicare Services
(CMS) issued a new rule that permits hospitals to allow qualified dieti-
tians and nutritionists to order therapeutic diets in the Federal Regis-
ter Volume 79, Number 91 on May 12, 2014. CMS rules are related to
federal reimbursement of services. The CMS rules state that dietitians
and nutritionists are the professionals who are best qualified to assess
a patient's nutritional status and to design and implement a nutritional
treatment plan in consultation with the patient's interdisciplinary care
team. In addition, the CMS rules state that the qualified dietitian or
nutritionist must be viewed as an integral member of the hospital inter-
disciplinary care team, one who, as the team's clinical nutrition
expert, is responsible for a patient's nutritional diagnosis and treat-
ment in light of a patient's medical diagnosis. The CMS rule further
states that all patient diets are considered to be therapeutic in
nature, regardless of the modality used to support the nutritional needs
of the patient and that the term would most certainly include parenteral
and enteral nutrition support. The legislature finds that CMS issued a
similar rule for long term care facilities in the Federal Register
Volume 81, Number 192 on October 4, 2016. Since CMS rules emphasize that
the state law governs the scope of practice, the legislature finds that
the current scope of practice for certified dietitians and certified
nutritionists does not specifically allow for the ordering of therapeu-
tic diets. The legislature intends to provide language which is needed
to allow the state of New York to deliver nutrition care via therapeutic
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11593-01-9
A. 7660 2
diets through recognized dietetic and nutrition professionals, in a
manner deemed as being appropriate and efficient.
§ 2. Section 8001 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
CERTIFIED DIETITIAN OR CERTIFIED NUTRITIONIST MAY PRESCRIBE, ORDER,
WRITE, REVIEW, EVALUATE, MONITOR AND MANAGE THERAPEUTIC DIETS, INCLUDING
ENTERAL AND PARENTERAL NUTRITION, IN HOSPITALS, INCLUDING DIAGNOSTIC
CENTERS, TREATMENT CENTERS, HOSPITAL-BASED OUTPATIENT DEPARTMENTS, RESI-
DENTIAL HEALTH CARE FACILITIES OR NURSING HOMES OR ANY OTHER FACILITY AS
DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW,
WHEN COMPETENCY IS DETERMINED BY THE MEDICAL DIRECTOR OR GOVERNING BODY
OF SUCH FACILITY.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. 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 to be made and
completed on or before such effective date.