LBD03955-01-1
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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
DATA FOR USE IN A NUTRITION ASSESSMENT IS NOT A NUTRITION ASSESSMENT AND
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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.
§ 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:
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(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,
AND APPROVED BY THE DEPARTMENT AS HAVING CREDENTIALING STANDARDS
SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR LICENSURE PURSUANT
TO THIS ARTICLE.
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(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
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
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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
NUTRITIONIST (CDN) ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND EIGHTEEN, WHICH AMENDED THIS SECTION, SHALL BE LICENSED AS
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A LICENSED DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL
REQUIREMENTS.
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
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;
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
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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:
A. 6353 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 10 of
the laws of 2018, 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, which shall
include sepsis, 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, HCV
and infections that could lead to sepsis in the course of professional
practice. Each such professional shall document to the department at the
time of registration commencing with the first registration after July
first, nineteen hundred ninety-four that the professional 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 satis-
faction 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, HCV and infections
that could lead to sepsis with respect to the regulatory standards
promulgated pursuant to this section.
§ 13. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 672 of the laws of 2019, 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-
A. 6353 10
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/NUTRITIONST 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 for people with develop-
mental 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 7 of part C of chapter 57 of the
laws of 2018, 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
A. 6353 11
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; employees, who are expected to
have regular and substantial contact with children, of a health home or
health home care management agency contracting with a health home as
designated by the department of health and authorized under section
three hundred sixty-five-l of this chapter or such employees who provide
home and community based services under a demonstration program pursuant
to section eleven hundred fifteen of the federal social security act who
are expected to have regular and substantial contact with children;
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. Effective immediately, the addition, amendment 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.