S T A T E O F N E W Y O R K
________________________________________________________________________
7858
2021-2022 Regular Sessions
I N A S S E M B L Y
May 28, 2021
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the public health law, in relation to requiring the
introduction of training in nutrition for physicians
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
264 to read as follows:
§ 264. COURSEWORK OR TRAINING IN NUTRITION. 1. EVERY PHYSICIAN
LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW
SHALL, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR AND EVERY FOUR
YEARS THEREAFTER, COMPLETE THREE HOURS OF COURSEWORK OR TRAINING
APPROVED BY THE DEPARTMENT REGARDING NUTRITION.
2. EVERY PHYSICIAN LICENSED ON OR AFTER JULY FIRST, TWO THOUSAND TWEN-
TY-FOUR UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW SHALL
COMPLETE SUCH COURSEWORK OR TRAINING WITHIN ONE YEAR OF SUCH REGISTRA-
TION AND ONCE WITHIN EACH FOUR-YEAR PERIOD THEREAFTER.
3. THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION,
SHALL ESTABLISH STANDARDS AND REVIEW AND APPROVE COURSEWORK OR TRAINING
IN NUTRITION AND DIET AND SHALL PUBLISH INFORMATION RELATED TO SUCH
STANDARDS, COURSEWORK OR TRAINING ON THE DEPARTMENT'S WEBSITE. THE
DEPARTMENT SHALL CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS AND THOSE WITH EXPERTISE IN NUTRITION IN ESTABLISHING SUCH
STANDARDS.
4. COURSEWORK OR TRAINING IN NUTRITION AS REQUIRED BY THIS SECTION MAY
INCLUDE: GENERAL NUTRITION THROUGHOUT THE LIFECYCLE; NUTRITION ASSESS-
MENT; THE ROLE OF NUTRITION IN DISEASE PREVENTION, MANAGEMENT AND TREAT-
MENT; NUTRITION TOPICS RELATED TO MEDICAL SPECIALTIES SUCH AS OBSTETRICS
AND GYNECOLOGY, CARDIOLOGY, PEDIATRICS, AND ONCOLOGY; FOOD INSECURITY,
FOOD INSECURITY SCREENINGS, AND THE IMPACT OF FOOD INSECURITY ON HEALTH;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11504-01-1
A. 7858 2
THE ROLE OF DIETITIANS AND WHEN TO MAKE REFERRALS; AND OBESITY TREATMENT
AND PREVENTION.
5. EXISTING COURSEWORK OR TRAINING, INCLUDING COURSEWORK OR TRAINING
DEVELOPED BY A NATIONALLY RECOGNIZED HEALTH CARE PROFESSIONAL, SPECIAL-
TY, OR PROVIDER ASSOCIATION, OR NATIONALLY RECOGNIZED NUTRITION OR
DIETICIAN ORGANIZATION, MAY BE CONSIDERED IN IMPLEMENTING THIS SUBDIVI-
SION.
6. EVERY PHYSICIAN SHALL PROVIDE TO THE DEPARTMENT DOCUMENTATION THAT
DEMONSTRATES THAT SUCH PHYSICIAN HAS COMPLETED THE COURSEWORK OR TRAIN-
ING REQUIRED UNDER THIS SECTION. THE DEPARTMENT SHALL PROVIDE A STAND-
ARDIZED FORM OR OTHER STREAMLINED PROCESS FOR SUBMITTING SUCH DOCUMENTA-
TION.
7. THE DEPARTMENT SHALL INSTITUTE A PROCEDURE FOR APPLICATION FOR AN
EXEMPTION FROM THE NUTRITION TRAINING REQUIREMENTS OF THIS SECTION. THE
DEPARTMENT MAY PROVIDE AN EXEMPTION FROM THE COURSEWORK AND TRAINING
REQUIRED BY THIS SUBDIVISION TO ANY SUCH LICENSED PERSON WHO CLEARLY
DEMONSTRATES TO THE DEPARTMENT'S SATISFACTION THAT:
A. THERE WOULD BE NO NEED FOR HIM OR HER TO COMPLETE SUCH COURSEWORK
OR TRAINING; OR
B. HE OR SHE HAS COMPLETED COURSEWORK OR TRAINING DEEMED BY THE
DEPARTMENT TO BE EQUIVALENT TO THE COURSEWORK OR TRAINING APPROVED BY
THE DEPARTMENT PURSUANT TO THIS SUBDIVISION.
8. NOTHING HEREIN SHALL PRECLUDE SUCH COURSEWORK OR TRAINING IN DIET
AND NUTRITION FROM COUNTING TOWARD CONTINUING EDUCATION REQUIREMENTS OF
A NATIONALLY ACCREDITED MEDICAL BOARD TO THE EXTENT ACCEPTABLE TO SUCH
BOARD.
§ 2. This act shall take effect immediately.