assembly Bill A7660A

2019-2020 Legislative Session

Relates to the certification of dietitians and nutritionists

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2019 print number 7660a
May 23, 2019 amend (t) and recommit to higher education
May 14, 2019 referred to higher education

A7660 - Details

See Senate Version of this Bill:
S5665
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §8001, Ed L

A7660 - Summary

Relates to the certification of dietitians and nutritionists.

A7660 - Bill Text download pdf


                    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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A7660A (ACTIVE) - Details

See Senate Version of this Bill:
S5665
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §8001, Ed L

A7660A (ACTIVE) - Summary

Relates to the certification of dietitians and nutritionists.

A7660A (ACTIVE) - Bill Text download pdf


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

                                 7660--A

                       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  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to the  certification  of
  dietitians and nutritionists

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

  Section 1. 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 A HOSPITAL, INCLUDING DIAGNOSTIC
CENTER, TREATMENT CENTER, OR HOSPITAL-BASED OUTPATIENT DEPARTMENT, RESI-
DENTIAL HEALTH CARE FACILITY OR NURSING HOME 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.
  § 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law. Effective immediately, the addition and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on its effective date are authorized to be made and completed
on or before such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11593-02-9

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