A. 9087 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.] FOR THE PURPOSES OF THIS ARTICLE,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "DEGREE" MEANS A DEGREE RECEIVED FROM A COLLEGE OR UNIVERSITY
ACCREDITED BY THE DEPARTMENT AND ACCREDITED BY THE APPROPRIATE UNITED
STATES REGIONAL ACCREDITATION BODY RECOGNIZED BY THE COUNCIL FOR HIGHER
EDUCATION ACCREDITATION AND THE UNITED STATES DEPARTMENT OF EDUCATION AT
THE TIME THE DEGREE WAS RECEIVED, OR A VALIDATED FOREIGN EQUIVALENT.
2. "DIETETICS" MEANS THE INTEGRATION AND APPLICATION OF SCIENTIFIC
PRINCIPLES DERIVED FROM THE STUDY OF FOOD, NUTRITION, BIOCHEMISTRY,
METABOLISM, NUTRIGENOMICS, PHYSIOLOGY, PHARMACOLOGY, AND FOOD SYSTEMS
AND MANAGEMENT AND FROM BEHAVIORAL AND SOCIAL SCIENCES FOR ACHIEVING AND
MAINTAINING HEALTH THROUGHOUT THE LIFESPAN. THE PRACTICE OF DIETETICS IS
PRIMARILY THE PROVISION OF NUTRITION CARE SERVICES, INCLUDING MEDICAL
NUTRITION THERAPY PROVIDED VIA THE NUTRITION CARE PROCESS, IN PERSON OR
VIA TELEHEALTH, TO PREVENT, MANAGE, OR TREAT DISEASES OR MEDICAL CONDI-
TIONS AND PROMOTE WELLNESS. CONSISTENT WITH THE LEVEL OF COMPETENCE, THE
PRACTICE OF DIETETICS MAY INCLUDE:
(A) ACCEPTING OR TRANSMITTING ORAL, VERBAL, DELEGATED, OR ELECTRON-
ICALLY TRANSMITTED ORDERS FROM THE REFERRING LICENSED INDEPENDENT
PROVIDER CONSISTENT WITH APPLICABLE LAWS AND RULES IN CONJUNCTION WITH
PROTOCOLS ESTABLISHED TO IMPLEMENT MEDICAL NUTRITION THERAPY;
(B) ORDERING PATIENT DIETS, INCLUDING THERAPEUTIC DIETS, WHICH
INCLUDES ORAL, ENTERAL, AND PARENTERAL NUTRITION THERAPY;
(C) ORDERING MEDICAL LABORATORY TESTS RELATED TO NUTRITIONAL THERAPEU-
TIC TREATMENTS CONSISTENT WITH STATE LAW;
(D) IMPLEMENTING PRESCRIPTION DRUG DOSE ADJUSTMENTS IN AN INPATIENT
SETTING FOR SPECIFIC DISEASE TREATMENT PROTOCOLS WITHIN THE LIMITS OF
HIS OR HER KNOWLEDGE, SKILLS, JUDGMENT, AND CURRENT EVIDENCE-INFORMED
CLINICAL PRACTICE GUIDELINES AS INDICATED IN A FACILITY, MEDICAL STAFF,
OR MEDICAL DIRECTOR APPROVED PROTOCOL AND AS APPROVED AND DELEGATED BY A
LICENSED PRESCRIBING PRACTITIONER;
(E) IMPLEMENTING PRESCRIPTION DRUG DOSE ADJUSTMENTS IN AN OUTPATIENT
SETTING FOR SPECIFIC DISEASE TREATMENT PROTOCOLS WITHIN THE LIMITS OF
HIS OR HER KNOWLEDGE, SKILLS, AND JUDGMENT AND AS APPROVED BY AND UNDER
THE DELEGATION OF A LICENSED PRESCRIBING PRACTITIONER;
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(F) RECOMMENDING OR ORDERING VITAMIN, MINERAL, AND OTHER DIETARY
SUPPLEMENTS OR DISCONTINUING USE OF UNNECESSARY VITAMIN, MINERAL, AND
DIETARY SUPPLEMENTS;
(G) PRACTICING DIETETICS VIA TELEHEALTH SO LONG AS:
(I) IT IS APPROPRIATE FOR THE INDIVIDUAL OR GROUP RECEIVING THE
SERVICES; AND
(II) THE LEVEL OF CARE PROVIDED MEETS THE REQUIRED LEVEL OF CARE FOR
THAT INDIVIDUAL OR GROUP;
(H) DEVELOPING AND MANAGING FOOD SERVICE OPERATIONS FOR THE MANAGEMENT
OR TREATMENT OF DISEASE OR MEDICAL CONDITIONS, INCLUDING OPERATIONS WITH
THE PRIMARY FUNCTION OF NUTRITION CARE OR RECOMMENDING, ORDERING, OR
PROVIDING THERAPEUTIC DIETS; AND
(I) PROVIDING ADVANCED CLINICAL NUTRITION CARE SERVICES AND RELATED
SUPPORT ACTIVITIES, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
CONSISTENT WITH CURRENT REQUIRED COMPETENCIES OF A UNITED STATES DEPART-
MENT OF EDUCATION RECOGNIZED AND DEPARTMENT APPROVED ACCREDITING BODY
THAT PROMULGATES EDUCATION AND SUPERVISED PRACTICE STANDARDS FOR DIETET-
ICS AND NUTRITION PRACTICE.
3. "GENERAL NON-MEDICAL NUTRITION INFORMATION" MEANS INFORMATION ON
ANY OF THE FOLLOWING:
(A) PRINCIPLES OF HUMAN NUTRITION AND FOOD PREPARATION;
(B) PRINCIPLES OF SELF-CARE AND A HEALTHY RELATIONSHIP WITH FOOD;
(C) ESSENTIAL NUTRIENTS NEEDED BY THE HUMAN BODY;
(D) GENERAL AND NON-INDIVIDUALIZED RECOMMENDED AMOUNTS OF ESSENTIAL
NUTRIENTS IN THE HUMAN BODY BASED ON ESTABLISHED STANDARDS;
(E) ACTIONS OF NUTRIENTS IN THE HUMAN BODY;
(F) NON-INDIVIDUALIZED EFFECTS OF DEFICIENCIES OR EXCESSES OF NUTRI-
ENTS IN THE HUMAN BODY;
(G) GENERAL EDUCATION SURROUNDING FOODS, HERBS, AND DIETARY SUPPLE-
MENTS THAT ARE GOOD SOURCES OF ESSENTIAL NUTRIENTS IN THE HUMAN BODY;
AND
(H) EVIDENCE BASED RECOMMENDATIONS ON NUTRITION AND DIET TO MAINTAIN
GOOD HEALTH AND FOR THE PURPOSES OF PRIMARY PREVENTION.
4. "LICENSED DIETITIAN NUTRITIONIST" MEANS A PERSON DULY LICENSED
UNDER THIS ARTICLE AS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF
SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE TO PRACTICE DIETETICS AND
NUTRITION, INCLUDING THE PROVISION OF MEDICAL NUTRITION THERAPY.
5. "LICENSED NUTRITIONIST" MEANS A PERSON DULY LICENSED UNDER THIS
ARTICLE AS MEETING THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION EIGHT
THOUSAND FOUR OF THIS ARTICLE TO PRACTICE NUTRITION, INCLUDING THE
PROVISION OF MEDICAL NUTRITION THERAPY.
6. "MEDICAL NUTRITION THERAPY" MEANS THE PROVISION OF THE FOLLOWING
NUTRITION CARE SERVICES FOR THE PURPOSE OF MANAGEMENT OR TREATMENT OF A
DISEASE OR MEDICAL CONDITION:
(A) NUTRITION ASSESSMENT;
(B) NUTRITION DIAGNOSIS;
(C) NUTRITION INTERVENTION; AND
(D) NUTRITION MONITORING AND EVALUATION.
7. "MEDICAL WEIGHT CONTROL" MEANS MEDICAL NUTRITION THERAPY PROVIDED
FOR THE PURPOSE OF REDUCING, MAINTAINING, OR GAINING WEIGHT.
8. "NON-MEDICAL WEIGHT CONTROL" MEANS NUTRITION CARE SERVICES PROVIDED
FOR THE PURPOSE OF REDUCING, MAINTAINING, OR GAINING WEIGHT THAT DO NOT
CONSTITUTE THE TREATMENT OR MANAGEMENT OF A DISEASE OR MEDICAL CONDI-
TION. THE TERM INCLUDES WEIGHT CONTROL SERVICES FOR HEALTHY POPULATION
GROUPS TO ACHIEVE OR MAINTAIN A HEALTHY WEIGHT.
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9. "NUTRITION" MEANS THE INTEGRATION AND APPLICATION OF SCIENTIFIC
PRINCIPLES DERIVED FROM THE STUDY OF NUTRITION SCIENCE, CELLULAR AND
SYSTEMIC METABOLISM, BIOCHEMISTRY, PHYSIOLOGY, AND BEHAVIORAL SCIENCES
FOR ACHIEVING AND MAINTAINING HEALTH THROUGHOUT THE LIFESPAN. THE PRAC-
TICE OF NUTRITION IS PRIMARILY THE PROVISION OF NUTRITION CARE SERVICES,
INCLUDING MEDICAL NUTRITION THERAPY, IN PERSON OR VIA TELEHEALTH, TO
PREVENT, MANAGE, OR TREAT DISEASES OR MEDICAL CONDITIONS AND PROMOTE
WELLNESS. CONSISTENT WITH THE LEVEL OF COMPETENCE, THE PRACTICE OF
NUTRITION MAY INCLUDE:
(A) ACCEPTING OR TRANSMITTING ORAL, VERBAL, OR DELEGATED, OR ELECTRON-
ICALLY TRANSMITTED ORDERS FROM THE REFERRING LICENSED INDEPENDENT
PROVIDER CONSISTENT WITH APPLICABLE LAWS AND RULES IN CONJUNCTION WITH
PROTOCOLS ESTABLISHED TO IMPLEMENT MEDICAL NUTRITION THERAPY;
(B) ORDERING PATIENT DIETS, INCLUDING THERAPEUTIC DIETS. THERAPEUTIC
DIETS CONSISTING OF ENTERAL OR PARENTERAL NUTRITION THERAPY SHALL ONLY
BE ORDERED BY A PRACTITIONER LICENSED UNDER THIS CHAPTER WHEN THE PRAC-
TITIONER MEETS ONE OF THE FOLLOWING CRITERIA:
(I) THE INDIVIDUAL IS A LICENSED DIETITIAN NUTRITIONIST;
(II) THE INDIVIDUAL IS CERTIFIED IN NUTRITION SUPPORT BY AN ORGANIZA-
TION ACCEPTABLE TO THE COMMISSIONER THAT IS ESTABLISHED FOR THIS
PURPOSE; OR
(III) THE INDIVIDUAL SATISFIES OTHER REQUIREMENTS ESTABLISHED BY THE
EXAMINING BOARD BY RULE THAT ARE CONSISTENT WITH THE COMPETENCIES NECES-
SARY FOR EVALUATING, ORDERING, AND ADMINISTERING ENTERAL AND PARENTERAL
NUTRITION THERAPIES;
(C) ORDERING MEDICAL LABORATORY TESTS RELATED TO NUTRITIONAL THERAPEU-
TIC TREATMENTS CONSISTENT WITH STATE LAW;
(D) IMPLEMENTING PRESCRIPTION DRUG DOSE ADJUSTMENTS IN AN OUTPATIENT
SETTING FOR SPECIFIC DISEASE TREATMENT PROTOCOLS WITHIN THE LIMITS OF
HIS OR HER KNOWLEDGE, SKILLS, AND JUDGMENT AND AS APPROVED BY AND UNDER
THE DELEGATION OF A LICENSED PRESCRIBING PRACTITIONER;
(E) PROVIDING RECOMMENDATIONS ON VITAMIN, MINERAL, AND OTHER DIETARY
SUPPLEMENTS;
(F) PRACTICING NUTRITION VIA TELEHEALTH AS DEFINED UNDER THIS CHAPTER
SO LONG AS:
(I) IT IS APPROPRIATE FOR THE INDIVIDUAL OR GROUP RECEIVING THE
SERVICES; AND
(II) THE LEVEL OF CARE PROVIDED MEETS THE REQUIRED LEVEL OF CARE FOR
THAT INDIVIDUAL OR GROUP.
10. "NUTRITION ASSESSMENT" MEANS THE ONGOING, DYNAMIC, AND SYSTEMATIC
PROCESS OF ORDERING, OBTAINING, VERIFYING, AND INTERPRETING BIOCHEMICAL,
ANTHROPOMETRIC, PHYSICAL, NUTRIGENOMIC, AND DIETARY DATA TO MAKE DECI-
SIONS ABOUT THE NATURE AND CAUSE OF NUTRITION-RELATED PROBLEMS RELATIVE
TO PATIENT OR COMMUNITY NEEDS. IT INVOLVES NOT ONLY INITIAL DATA
COLLECTION, BUT ALSO REASSESSMENT AND ANALYSIS OF PATIENT OR COMMUNITY
NEEDS AND PROVIDES THE FOUNDATION FOR NUTRITION DIAGNOSIS AND NUTRI-
TIONAL RECOMMENDATIONS AND ORDERS. NUTRITION ASSESSMENT MAY REQUIRE
ORDERING LABORATORY TESTS TO CHECK AND TRACK NUTRITIONAL STATUS. THE
COLLECTION OF DATA DOES NOT, BY ITSELF, CONSTITUTE NUTRITION ASSESSMENT.
11. "NUTRITION CARE PROCESS" MEANS THE SYSTEMATIC PROBLEM-SOLVING
METHOD THAT DIETITIAN NUTRITIONISTS USE TO CRITICALLY THINK AND MAKE
DECISIONS WHEN PROVIDING MEDICAL NUTRITION THERAPY OR TO ADDRESS NUTRI-
TION RELATED PROBLEMS AND PROVIDE SAFE AND EFFECTIVE CARE. THE NUTRITION
CARE PROCESS CONSISTS OF FOUR DISTINCT, BUT INTERRELATED STEPS INCLUDING
NUTRITION ASSESSMENT, NUTRITION DIAGNOSIS, NUTRITION INTERVENTION, AND
NUTRITION MONITORING AND EVALUATION.
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12. "NUTRITION CARE SERVICES" MEANS ANY PART OR ALL OF THE FOLLOWING
SERVICES PROVIDED WITHIN A SYSTEMATIC PROCESS:
(A) ASSESSING AND EVALUATING THE NUTRITIONAL NEEDS OF INDIVIDUALS AND
GROUPS AND DETERMINING RESOURCES AND CONSTRAINTS IN A PRACTICE SETTING,
INCLUDING ORDERING OF NUTRITION-RELATED LABORATORY TESTS TO CHECK AND
TRACK NUTRITION STATUS;
(B) IDENTIFYING NUTRITION PROBLEMS AND ESTABLISHING PRIORITIES, GOALS,
AND OBJECTIVES THAT MEET NUTRITIONAL NEEDS AND ARE CONSISTENT WITH
AVAILABLE RESOURCES AND CONSTRAINTS;
(C) CREATING INDIVIDUALIZED DIETARY PLANS AND ISSUING AND IMPLEMENTING
ORDERS TO MEET NUTRITIONAL NEEDS OF HEALTHY INDIVIDUALS AND INDIVIDUALS
IN ACUTE AND CHRONIC DISEASE STATES, INCLUDING ORDERING THERAPEUTIC
DIETS, AND MONITORING THE EFFECTIVENESS THEREOF;
(D) DETERMINING AND PROVIDING APPROPRIATE NUTRITION INTERVENTIONS IN
HEALTH AND DISEASE, INCLUDING NUTRITION COUNSELING ON FOOD AND
PRESCRIPTION DRUG INTERACTIONS;
(E) DEVELOPING, IMPLEMENTING, AND MANAGING NUTRITION CARE SYSTEMS; AND
(F) EVALUATING, MAKING CHANGES IN, AND MAINTAINING APPROPRIATE STAND-
ARDS OF QUALITY IN FOOD AND NUTRITION SERVICES.
13. "NUTRITION COUNSELING" MEANS A SUPPORTIVE PROCESS, CHARACTERIZED
BY A COLLABORATIVE COUNSELOR-PATIENT RELATIONSHIP WITH INDIVIDUALS OR
GROUPS, TO ESTABLISH FOOD AND NUTRITION PRIORITIES, GOALS, INDIVIDUAL-
IZED ACTION PLANS AND GENERAL PHYSICAL ACTIVITY GUIDANCE, THAT ACKNOWL-
EDGE AND FOSTER RESPONSIBILITY FOR SELF-CARE, TO PROMOTE HEALTH AND
WELLNESS OR TO TREAT OR MANAGE AN EXISTING DISEASE OR MEDICAL CONDITION.
14. "NUTRITION DIAGNOSIS" IN THE CONTEXT OF DIETETICS AND NUTRITION
PRACTICE MEANS IDENTIFYING AND LABELING NUTRITIONAL PROBLEMS MANAGED AND
TREATED BY A LICENSED DIETITIAN NUTRITIONIST BUT DOES NOT INCLUDE A
MEDICAL DIAGNOSIS OF THE HEALTH STATUS OF AN INDIVIDUAL. NOTHING IN THIS
ARTICLE SHALL AUTHORIZE A LICENSED DIETITIAN NUTRITIONIST TO MAKE A
MEDICAL DIAGNOSIS.
15. "NUTRITION INTERVENTION" MEANS PURPOSEFULLY PLANNED ACTIONS,
INCLUDING NUTRITION COUNSELING, INTENDED TO POSITIVELY CHANGE A NUTRI-
TION-RELATED BEHAVIOR, RISK FACTOR, ENVIRONMENTAL CONDITION, OR ASPECT
OF THE HEALTH STATUS OF AN INDIVIDUAL, TARGET GROUPS, OR COMMUNITY AT
LARGE. NUTRITION INTERVENTION INCLUDES APPROVING, ORDERING, AND MONITOR-
ING THERAPEUTIC DIETS, AND COUNSELING ON FOOD AND PRESCRIPTION DRUG
INTERACTIONS.
16. "NUTRITION MONITORING AND EVALUATION" MEANS IDENTIFYING PATIENT
OUTCOMES RELEVANT TO A NUTRITION DIAGNOSIS, INTERVENTION PLANS, AND
GOALS AND COMPARING THOSE OUTCOMES WITH A PATIENT'S PREVIOUS HEALTH
STATUS, INTERVENTION GOALS, OR REFERENCE STANDARDS TO DETERMINE THE
PROGRESS MADE IN ACHIEVING DESIRED OUTCOMES OF NUTRITION CARE AND WHETH-
ER PLANNED INTERVENTIONS SHOULD BE CONTINUED OR REVISED.
17. "PATIENT" MEANS AN INDIVIDUAL RECIPIENT OF NUTRITION CARE
SERVICES, WHETHER IN THE OUTPATIENT, INPATIENT, OR NONCLINICAL SETTING.
18. "PROGRAMMATICALLY ACCREDITED" MEANS ACCREDITATION BY AN AUTHORIZ-
ING BODY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AS A
RELIABLE AUTHORITY CONCERNING THE QUALITY OF DIETETICS AND NUTRITION
EDUCATION OR TRAINING OFFERED BY INSTITUTIONS OF HIGHER EDUCATION OR
HIGHER EDUCATION PROGRAMS.
19. "QUALIFIED SUPERVISOR" MEANS AN INDIVIDUAL PROVIDING SUPERVISION
WHO ASSUMES FULL PROFESSIONAL RESPONSIBILITY FOR THE WORK OF THE SUPER-
VISEE BY VERIFYING, DIRECTING, AND APPROVING THE PROVIDED NUTRITION CARE
SERVICES AND OTHER WORK BEING SUPERVISED. TO QUALIFY AS A QUALIFIED
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SUPERVISOR FOR PURPOSES OF THIS ARTICLE, AN INDIVIDUAL SHALL MEET ALL OF
THE FOLLOWING REQUIREMENTS:
(A) IF SUPERVISING A STUDENT OR TRAINEE WHO IS PROVIDING MEDICAL
NUTRITION THERAPY, THE QUALIFIED SUPERVISOR SHALL BE ONE OF THE FOLLOW-
ING:
(I) A NEW YORK LICENSED DIETITIAN NUTRITIONIST, NEW YORK LICENSED
NUTRITIONIST, OR A HEALTH CARE PROVIDER LICENSED OR CERTIFIED IN ANY
STATE OR TERRITORY, INCLUDING LICENSED OR CERTIFIED DIETITIANS, DIETI-
TIAN NUTRITIONISTS, OR NUTRITIONISTS, WHOSE SCOPE OF PRACTICE INCLUDES
THE PROVISION OF MEDICAL NUTRITION THERAPY;
(II) IN THE CASE OF THE SUPERVISOR SUPERVISING A STUDENT OR TRAINEE IN
A STATE THAT DOES NOT PROVIDE FOR LICENSURE OR CERTIFICATION OF DIETI-
TIANS, DIETITIAN NUTRITIONISTS, OR NUTRITIONISTS, THE SUPERVISOR MEETS
SUCH OTHER CRITERIA AS THE BOARD MAY ESTABLISH; OR
(III) AN EMPLOYEE OF THE FEDERAL GOVERNMENT AUTHORIZED WITHIN THE
DISCHARGE OF HIS OR HER OFFICIAL DUTIES TO PROVIDE MEDICAL NUTRITION
THERAPY.
(B) A QUALIFIED SUPERVISOR SHALL ONLY SUPERVISE A CLINICAL ACTIVITY OR
NUTRITION CARE SERVICE FOR WHICH THE QUALIFIED SUPERVISOR IS QUALIFIED
AND IS AUTHORIZED TO PERFORM.
(C) UNLESS EXEMPT UNDER SECTION EIGHT THOUSAND SEVEN OF THIS ARTICLE,
A QUALIFIED SUPERVISOR SHALL BE LICENSED IN THIS STATE IF THE QUALIFIED
SUPERVISOR IS SUPERVISING A STUDENT OR TRAINEE WHO IS PROVIDING MEDICAL
NUTRITION THERAPY TO AN INDIVIDUAL LOCATED IN THIS STATE.
(D) A QUALIFIED SUPERVISOR SHALL DEVELOP AND CARRY OUT A PROGRAM FOR
ADVANCING AND OPTIMIZING THE QUALITY OF CARE PROVIDED BY THE STUDENT OR
TRAINEE BEING SUPERVISED. A QUALIFIED SUPERVISOR AND A STUDENT OR TRAIN-
EE BEING SUPERVISED SHALL IDENTIFY AND DOCUMENT GOALS FOR SUPERVISED
PRACTICE EXPERIENCE, THE ASSIGNMENT OF CLINICAL TASKS AS APPROPRIATE TO
THE SUPERVISEE'S EVOLVING LEVEL OF COMPETENCE, THE SUPERVISEE'S
RELATIONSHIP AND ACCESS TO THE QUALIFIED SUPERVISOR, AND A PROCESS FOR
EVALUATING THE STUDENT OR TRAINEE'S PERFORMANCE.
(E) A QUALIFIED SUPERVISOR SHALL OVERSEE THE ACTIVITIES OF AND APPROVE
AND ACCEPT RESPONSIBILITY FOR THE NUTRITION CARE SERVICES RENDERED BY
THE SUPERVISEE.
(F) A QUALIFIED SUPERVISOR SHALL, AT A MINIMUM, BE PHYSICALLY ON-SITE
AND PRESENT WHERE THE SUPERVISEE IS PROVIDING NUTRITION CARE SERVICES OR
BE IMMEDIATELY AND CONTINUOUSLY AVAILABLE TO THE SUPERVISEE BY MEANS OF
TWO-WAY REAL-TIME AUDIOVISUAL TECHNOLOGY THAT ALLOWS FOR THE DIRECT,
CONTEMPORANEOUS INTERACTION BY SIGHT AND SOUND BETWEEN THE QUALIFIED
SUPERVISOR AND THE SUPERVISEE. IF THE QUALIFIED SUPERVISOR ASSIGNS A
NUTRITION CARE SERVICE TO A SUPERVISEE THAT IS TO BE PROVIDED IN A
SETTING WHERE THE QUALIFIED SUPERVISOR IS NOT ROUTINELY PRESENT, THE
QUALIFIED SUPERVISOR SHALL ENSURE THAT THE MEANS AND METHODS OF SUPER-
VISION ARE ADEQUATE TO ENSURE APPROPRIATE PATIENT CARE, WHICH MAY
INCLUDE SYNCHRONOUS VIDEOCONFERENCING, OR ANOTHER METHOD OF COMMUNI-
CATION AND OVERSIGHT THAT IS APPROPRIATE TO THE CARE SETTING AND THE
EDUCATION AND EXPERIENCE OF THE SUPERVISEE.
(G) A QUALIFIED SUPERVISOR SHALL REVIEW ON A REGULAR BASIS THE CHARTS,
RECORDS, AND CLINICAL NOTES OF THE PERSONS SUPERVISED, AND MAINTAIN
RESPONSIBILITY FOR THE SUPERVISEE'S CLINICAL RECORD KEEPING.
(H) A QUALIFIED SUPERVISOR SHALL BE AVAILABLE TO RENDER ASSISTANCE
DURING THE PROVISION OF NUTRITION CARE SERVICES WHEN REQUESTED BY THE
PATIENT OR SHALL HAVE ARRANGED FOR ANOTHER QUALIFIED PRACTITIONER,
LAWFULLY ABLE TO RENDER NUTRITION CARE SERVICES, TO BE AVAILABLE IN THE
ABSENCE OF THE QUALIFIED SUPERVISOR.
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(I) A QUALIFIED SUPERVISOR SHALL LIMIT THE ASSIGNMENT OF NUTRITION
CARE SERVICES TO THOSE SERVICES THAT ARE WITHIN THE TRAINING AND EXPERI-
ENCE OF THE SUPERVISEE AND CUSTOMARY TO THE PRACTICE OF THE QUALIFIED
SUPERVISOR.
20. "TELEHEALTH" MEANS THE USE OF ELECTRONIC INFORMATION AND TELECOM-
MUNICATIONS TECHNOLOGIES TO PROVIDE SERVICES UNDER THIS ARTICLE BETWEEN
A PRACTITIONER IN ONE LOCATION AND AN INDIVIDUAL IN ANOTHER LOCATION TO
SUPPORT CLINICAL HEALTH CARE, PUBLIC HEALTH, PATIENT HEALTH-RELATED
EDUCATION, AND HEALTH ADMINISTRATION.
21. "THERAPEUTIC DIET" MEANS A DIET INTERVENTION PRESCRIBED BY A
PHYSICIAN, OR OTHER HEALTH PROFESSIONAL LICENSED UNDER THIS TITLE, THAT
PROVIDES FOOD OR NUTRIENTS VIA ORAL, ENTERAL, OR PARENTERAL ROUTES AS
PART OF TREATMENT OF A DISEASE OR CLINICAL CONDITION TO MODIFY, ELIMI-
NATE, DECREASE, OR INCREASE IDENTIFIED MICRONUTRIENTS AND MACRONUTRIENTS
IN THE DIET, OR TO PROVIDE MECHANICALLY ALTERED FOOD WHEN INDICATED.
22. "UNRESTRICTED PRACTICE OF MEDICAL NUTRITION THERAPY" MEANS THE
APPLICATION OF DIETETICS AND NUTRITION KNOWLEDGE AND SKILLS BY AN INDI-
VIDUAL WHO REGULATES AND IS RESPONSIBLE FOR HIS OR HER OWN PRACTICE OR
TREATMENT PROCEDURES.
§ 4. 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. 1. Only a person
[certified under this article shall be authorized to use the title
"certified dietitian", "certified dietician", or "certified nutrition-
ist"] LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE
OR OFFER TO PROVIDE MEDICAL NUTRITION THERAPY.
2. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,
NO PERSON MAY DESIGNATE OR HOLD HIMSELF OR HERSELF OUT AS A DIETITIAN
NUTRITIONIST OR USE OR ASSUME THE TITLE "DIETITIAN NUTRITIONIST",
"LICENSED DIETITIAN NUTRITIONIST", "DIETICIAN", OR ANY OTHER TITLE INDI-
CATING THAT THE PERSON IS A LICENSED DIETITIAN NUTRITIONIST OR APPEND TO
OR USE IN CONJUNCTION WITH THAT PERSON'S NAME THE LETTERS "LDN" OR "LD"
UNLESS THE PERSON IS LICENSED AS A DIETITIAN NUTRITIONIST UNDER THIS
ARTICLE.
3. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,
NO PERSON MAY USE OR ASSUME ANY TITLE INDICATING THAT THE PERSON IS A
LICENSED NUTRITIONIST OR APPEND TO OR USE IN CONJUNCTION WITH THAT
PERSON'S NAME THE LETTERS "LN" UNLESS THE PERSON IS LICENSED AS A NUTRI-
TIONIST UNDER THIS ARTICLE.
4. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,
NO PERSON MAY DESIGNATE OR HOLD HIMSELF OR HERSELF OUT AS A NUTRITIONIST
OR USE OR ASSUME THE TITLE "NUTRITIONIST" UNLESS THE PERSON IS LICENSED
UNDER THIS ARTICLE.
5. A PERSON MAY USE A LAWFULLY EARNED FEDERALLY TRADEMARKED TITLE,
INCLUDING THE FOLLOWING, SO LONG AS SUCH PERSON IS NOT PRACTICING IN
VIOLATION OF THIS ARTICLE AND DOES NOT IMPLY ORALLY OR IN WRITING OR
INDICATE IN ANY WAY THAT THE PERSON IS A LICENSED NUTRITIONIST OR
LICENSED DIETITIAN NUTRITIONIST.
(A) A REGISTERED DIETITIAN OR REGISTERED DIETITIAN NUTRITIONIST MAY
USE THE TITLES "REGISTERED DIETITIAN" OR "REGISTERED DIETITIAN NUTRI-
TIONIST" AND USE IN CONJUNCTION WITH HIS OR HER NAME THE LETTERS "RD" OR
"RDN".
(B) A PERSON WHO HOLDS A CERTIFIED NUTRITION SPECIALIST CREDENTIAL
FROM THE BOARD FOR CERTIFICATION OF NUTRITION SPECIALISTS, OR ITS
SUCCESSOR ORGANIZATION, MAY USE THE TITLE "CERTIFIED NUTRITION SPECIAL-
IST".
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§ 5. 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] ALL MEMBERS SERVING TERMS ON THE STATE BOARD FOR DIETETICS AND
NUTRITION ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND TWENTY-FOUR WHICH AMENDED THIS SECTION SHALL CONTINUE TO SERVE OUT
THEIR RESPECTIVE TERMS OF OFFICE UNTIL THEIR RESPECTIVE SUCCESSORS ARE
APPOINTED AND QUALIFIED. THEREAFTER, THE board shall consist of [not
less than thirteen] ELEVEN members, [ten] SIX of whom shall be [certi-
fied dietitians or certified nutritionists, except that the members of
the first board need not be certified but shall be persons who are
eligible for certification under the provisions of this article prior to
their appointment to the board. The first board, with respect to
members representing the profession, shall consist of five members
registered by a national dietetic association having registration stand-
ards acceptable to the department and five members who are members of or
registered by a national nutritional association having membership
and/or registration standards acceptable to the department. Thereafter,
members of the profession appointed to such board shall be certified
pursuant to this article] LICENSED DIETITIAN NUTRITIONISTS AND TWO OF
WHOM SHALL BE LICENSED NUTRITIONISTS 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] TWO members shall be repre-
sentatives 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 secretary to
the board shall be appointed by the board of regents on the recommenda-
tion of the commissioner.
§ 6. 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. EACH APPLICANT FOR
A LICENSE AS A LICENSED NUTRITIONIST SHALL: BE AT LEAST TWENTY-ONE
YEARS OF AGE; SUBMIT A COMPLETED APPLICATION UPON A FORM AND IN SUCH
MANNER AS THE BOARD PRESCRIBES DEMONSTRATING THE APPLICANT IS CAPABLE
AND PROFESSIONALLY COMPETENT, AS DETERMINED BY THE BOARD, TO SAFELY
ENGAGE IN THE PRACTICE OF NUTRITION; SUBMIT ANY FEES AS REQUIRED BY THE
BOARD, AND SUBMIT PROOF OF ALL OF THE FOLLOWING:
(A) EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE IN NUTRI-
TION OR A NUTRITION-RELATED SCIENCE LEADING TO COMPETENCE IN MEDICAL
NUTRITION THERAPY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(B) EXPERIENCE: HAVE COMPLETED A PLANNED, CONTINUOUS, SUPERVISED PRAC-
TICE EXPERIENCE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPERIENCE SHALL REQUIRE
DEMONSTRATION OF COMPETENCE IN MEDICAL NUTRITION THERAPY AND INVOLVE AT
LEAST ONE THOUSAND HOURS UNDER A QUALIFIED SUPERVISOR IN THE FOLLOWING
PRACTICE AREAS, WITH A MINIMUM OF TWO HUNDRED HOURS IN EACH PRACTICE
AREA: CONDUCTING NUTRITION ASSESSMENT AND NUTRITION DIAGNOSIS; NUTRITION
INTERVENTION; AND NUTRITION MONITORING AND EVALUATION. THE EXPERIENCE
SHALL BE DETERMINED BY THE BOARD TO HAVE PREPARED THE APPLICANT TO
A. 9087 9
PROVIDE NUTRITION CARE SERVICES FOR VARIOUS POPULATIONS OF DIVERSE
CULTURES, GENDERS, AND ACROSS THE LIFE CYCLE, AND TO BE ABLE TO COMPE-
TENTLY FORMULATE ACTIONABLE MEDICAL NUTRITION THERAPIES AND INTER-
VENTIONS, EDUCATION, COUNSELING, AND ONGOING CARE FOR THE PREVENTION,
MODULATION, AND MANAGEMENT OF A RANGE OF ACUTE AND CHRONIC MEDICAL
CONDITIONS; AND
(C) EXAMINATION: PASSAGE OF A NUTRITION EXAMINATION SATISFACTORY TO
THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
2. (A) EACH APPLICANT FOR A LICENSE AS A LICENSED DIETITIAN NUTRITION-
IST SHALL: BE AT LEAST TWENTY-ONE YEARS OF AGE, SUBMIT A COMPLETED
APPLICATION UPON A FORM AND IN SUCH MANNER AS THE BOARD PRESCRIBES
DEMONSTRATING THE APPLICANT IS CAPABLE AND PROFESSIONALLY COMPETENT, AS
DETERMINED BY THE BOARD, TO SAFELY ENGAGE IN THE PRACTICE OF DIETETICS
AND NUTRITION, SUBMIT ANY FEES AS REQUIRED BY THE BOARD, AND SUBMIT
PROOF OF ALL OF THE FOLLOWING:
(I) EDUCATION: HAVE RECEIVED A MASTERS OR DOCTORAL DEGREE AND
COMPLETED A PROGRAMMATICALLY ACCREDITED DIDACTIC PROGRAM IN DIETETICS
APPROVED BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
(II) EXPERIENCE: HAVE COMPLETED A PLANNED, CONTINUOUS, SUPERVISED
PRACTICE EXPERIENCE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPERIENCE SHALL REQUIRE
DEMONSTRATION OF COMPETENCE IN MEDICAL NUTRITION THERAPY AND CONSIST OF
SATISFACTORY COMPLETION OF A PROGRAMMATICALLY ACCREDITED EXPERIENCE OF
NOT LESS THAN ONE THOUSAND HOURS UNDER THE SUPERVISION OF A QUALIFIED
SUPERVISOR. THE EXPERIENCE SHALL BE DETERMINED BY THE BOARD TO HAVE
PREPARED THE APPLICANT TO PROVIDE NUTRITION CARE SERVICES FOR VARIOUS
POPULATIONS OF DIVERSE CULTURES, GENDERS, AND ACROSS THE LIFE CYCLE, AND
TO BE ABLE TO COMPETENTLY FORMULATE ACTIONABLE MEDICAL NUTRITION THERA-
PIES AND INTERVENTIONS, EDUCATION, COUNSELING, AND ONGOING CARE FOR THE
PREVENTION, MODULATION, AND MANAGEMENT OF A RANGE OF ACUTE AND CHRONIC
MEDICAL CONDITIONS; AND
(III) EXAMINATION: PASSAGE OF A DIETITIAN EXAMINATION SATISFACTORY TO
THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
(B) AN APPLICATION FOR A DIETITIAN NUTRITIONIST LICENSE SUBMITTED BY
INDIVIDUALS, WHO PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FOUR HELD
REGISTRATION AS A DIETITIAN BY A NATIONAL DIETETIC COMMISSION THAT HAS
REGISTRATION STANDARDS ACCEPTABLE TO THE DEPARTMENT, AND CURRENTLY HOLDS
SUCH REGISTRATION, IS GOVERNED BY THE PROVISIONS OF LAW IN EFFECT IMME-
DIATELY BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND THE FORMER LAW IS
CONTINUED IN EFFECT FOR THAT PURPOSE.
3. ALL APPLICANTS FOR LICENSURE AS A LICENSED NUTRITIONIST OR LICENSED
DIETITIAN NUTRITIONIST SHALL PAY A FEE FOR AN INITIAL LICENSE, AND A FEE
FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 7. Section 8005 of the education law is REPEALED.
§ 8. Section 8006 of the education law is REPEALED and a new section
8006 is added to read as follows:
§ 8006. SPECIAL CONDITIONS. 1. ANY PERSON WHO IS LICENSED AS A CERTI-
FIED DIETITIAN OR A CERTIFIED NUTRITIONIST ON THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR WHICH AMENDED THIS
SECTION, SHALL BE LICENSED AS A LICENSED DIETITIAN NUTRITIONIST WITHOUT
MEETING ANY ADDITIONAL REQUIREMENTS SO LONG AS THEY HOLD REGISTRATION AS
A DIETITIAN BY A NATIONAL DIETETIC COMMISSION THAT HAS REGISTRATION
STANDARDS ACCEPTABLE TO THE DEPARTMENT OR HAVE COMPLETED:
A. 9087 10
(A) A BACHELOR'S OR HIGHER DEGREE FROM A PROGRAMMATICALLY ACCREDITED
DIDACTIC PROGRAM APPROVED BY THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS;
(B) A SUPERVISED PRACTICE EXPERIENCE ACCEPTABLE TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPE-
RIENCE CONSISTED OF SATISFACTORY COMPLETION OF A PROGRAMMATICALLY
ACCREDITED EXPERIENCE APPROVED BY THE DEPARTMENT OF NOT LESS THAN NINE
HUNDRED HOURS; AND
(C) PASSAGE OF AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
2. ANY PERSON WHO IS LICENSED AS A CERTIFIED DIETITIAN OR A CERTIFIED
NUTRITIONIST AND DOES NOT MEET THE REQUIREMENTS PROVIDED UNDER SUBDIVI-
SION ONE OF THIS SECTION ON THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-FOUR WHICH AMEND THIS SECTION, SHALL BE
LICENSED AS A LICENSED NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL
REQUIREMENTS.
3. 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.
§ 9. 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
ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE; A LICENSED PHYSICIAN
ASSISTANT FROM HIS OR HER PROFESSION AS DEFINED UNDER ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THIS TITLE; OR QUALIFIED MEMBERS OF OTHER
PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING WORK INCIDENTAL 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 UNDER SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE, IF
ANY OF THE FOLLOWING APPLY:
(A) THE STUDENT OR TRAINEE WHO IS COMPLETING THEIR SUPERVISED PRACTICE
EXPERIENCE REQUIRED UNDER SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE
PRACTICES UNDER THIS SUBDIVISION NOT MORE THAN FIVE YEARS AFTER COMPLET-
ING EDUCATION REQUIREMENTS UNDER SECTION EIGHT THOUSAND FOUR OF THIS
ARTICLE;
(B) THE STUDENT OR TRAINEE PRACTICES UNDER THIS SUBDIVISION ONLY WHILE
SUPERVISED BY A QUALIFIED SUPERVISOR AS DEFINED IN SECTION EIGHT THOU-
SAND ONE OF THIS ARTICLE;
(C) THE STUDENT OR TRAINEE DOES NOT ENGAGE IN THE UNRESTRICTED PRAC-
TICE OF MEDICAL NUTRITION THERAPY; AND
(D) WHILE PRACTICING UNDER THIS SUBDIVISION, THE STUDENT OR TRAINEE
USES A TITLE THAT CLEARLY INDICATES HIS OR HER STATUS AS A STUDENT,
INTERN, TRAINEE, OR SUPERVISEE.
3. A DIETITIAN NUTRITIONIST OR NUTRITIONIST WHO IS SERVING IN THE
ARMED FORCES OF THE UNITED STATES OR ANY OTHER FEDERAL AGENCY FROM
ENGAGING IN THE PRACTICE OF MEDICAL NUTRITION THERAPY, OR USING GOVERN-
MENT ISSUED TITLES, PROVIDED THAT SUCH PRACTICE OR TITLE USE IS RELATED
TO SERVICE OR EMPLOYMENT, PROVIDED THAT SUCH PRACTICE IS RELATED TO
SERVICE OR EMPLOYMENT.
A. 9087 11
4. A PERSON WHO PROVIDES INDIVIDUALIZED NUTRITION RECOMMENDATIONS FOR
THE WELLNESS AND PRIMARY PREVENTION OF CHRONIC DISEASE, HEALTH COACHING,
HOLISTIC AND WELLNESS EDUCATION, GUIDANCE, MOTIVATION, BEHAVIOR CHANGE
MANAGEMENT, SERVICES FOR NON-MEDICAL WEIGHT CONTROL, OR OTHER NUTRITION
CARE SERVICES SO LONG AS ALL OF THE FOLLOWING APPLY:
(A) THE SERVICES DO NOT CONSTITUTE MEDICAL NUTRITION THERAPY;
(B) THE PERSON DOES NOT REPRESENT HIMSELF OR HERSELF USING TITLES
AUTHORIZED UNDER THIS ARTICLE; AND
(C) THE PERSON DOES NOT HOLD HIMSELF OR HERSELF OUT AS LICENSED OR
QUALIFIED TO ENGAGE IN THE PRACTICE OF MEDICAL NUTRITION THERAPY.
5. A PERSON WHO DISSEMINATES NON-INDIVIDUALIZED, WRITTEN, GENERAL
NUTRITION INFORMATION IN CONNECTION WITH THE MARKETING AND DISTRIBUTION
OF DIETARY SUPPLEMENTS, FOOD, HERBS, OR FOOD MATERIALS, INCLUDING EXPLA-
NATIONS OF THEIR FEDERALLY REGULATED LABEL CLAIMS, ANY KNOWN DRUG-NU-
TRIENT INTERACTIONS, THEIR ROLE IN VARIOUS DIETS, OR SUGGESTIONS AS HOW
TO BEST USE AND COMBINE THEM SO LONG AS SUCH INFORMATION DOES NOT
CONSTITUTE MEDICAL NUTRITION THERAPY AND THE PERSON DOES NOT USE TITLES
AUTHORIZED UNDER THIS ARTICLE OR HOLD HIMSELF OR HERSELF OUT AS QUALI-
FIED TO ENGAGE IN THE PRACTICE OF MEDICAL NUTRITION THERAPY.
6. A PERSON WHO PROVIDES MEDICAL WEIGHT CONTROL FOR PERSONS WITH
OBESITY AS PART OF ANY OF THE FOLLOWING:
(A) AN INSTRUCTIONAL PROGRAM THAT HAS BEEN APPROVED IN WRITING BY ONE
OF THE FOLLOWING:
(I) A DIETITIAN NUTRITIONIST OR NUTRITIONIST LICENSED IN THIS STATE;
OR
(II) A HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED IN THIS STATE
WHOSE SCOPE OF PRACTICE INCLUDES MEDICAL NUTRITION THERAPY; OR
(B) A PLAN OF CARE THAT IS OVERSEEN BY A HEALTH PROFESSIONAL LICENSED
IN THIS STATE WHOSE SCOPE OF PRACTICE OTHERWISE AUTHORIZES THE HEALTH
PROFESSIONAL TO PROVIDE AND DELEGATE MEDICAL NUTRITION THERAPY, SO LONG
AS THE MEDICAL WEIGHT CONTROL SERVICES ARE NOT DISCRETIONARY AND DO NOT
REQUIRE THE EXERCISE OF PROFESSIONAL JUDGMENT.
7. 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
8. A PERSON WHO DOES NOT UTILIZE TITLES AUTHORIZED UNDER THIS ARTICLE
AND ASSISTS THE PROVISION OF MEDICAL NUTRITION THERAPY IF THE PERSON
PERFORMS ONLY SUPPORT ACTIVITIES THAT ARE NOT DISCRETIONARY AND THAT DO
NOT REQUIRE THE EXERCISE OF PROFESSIONAL JUDGMENT FOR THEIR PERFORMANCE,
AND THE PERSON IS DIRECTLY SUPERVISED BY A NUTRITIONIST OR DIETITIAN
NUTRITIONIST LICENSED UNDER THIS TITLE.
§ 8008. LIMITED PERMIT. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO PRACTICE AS A PROVISIONALLY LICENSED NUTRITIONIST OR PROVISIONALLY
LICENSED DIETITIAN NUTRITIONIST TO AN APPLICANT FOR LICENSURE WHO HAS
MET THE EDUCATION AND EXPERIENCE REQUIREMENTS FOR A LICENSED NUTRITION-
IST OR LICENSED DIETITIAN NUTRITIONIST PROVIDED UNDER SECTION EIGHT
THOUSAND FOUR OF THIS ARTICLE.
2. 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 FOR AN ADDITIONAL ONE YEAR PROVIDED THAT NO INDIVIDUAL
SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN A TOTAL OF TWO
YEARS.
3. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF INDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE.
A. 9087 12
4. THE FEE FOR A LIMITED PERMIT OR THE RENEWAL THEREOF SHALL BE SEVEN-
TY-FIVE DOLLARS.
§ 10. 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
§ 11. 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.
§ 11-a. Section 6505-b of the education law, as amended by chapter 733
of the laws of 2023, 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, athletic trainer, [and] dental hygienist, AND 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 appropri-
ate to the professional's practice 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 appropri-
ate, with such standards adopted by the department of health pursuant to
A. 9087 13
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 accord-
ance 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, HCV and infections that could lead to sepsis with
respect to the regulatory standards promulgated pursuant to this
section.
§ 12. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 479 of the laws of 2022, 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,
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, LICENSED NUTRITION-
IST OR LICENSED DIETITIAN 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 develop-
mental disabilities and voluntary reporting of abused or neglected
adults to the office for people with 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
A. 9087 14
child abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
§ 12-a. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 733 of the laws of 2023, 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,
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, certified behavior analyst assistant, LICENSED NUTRITIONIST,
LICENSED DIETITIAN NUTRITIONIST, or athletic trainer shall, in addition
to all the other licensure, certification or permit requirements, have
completed two hours of coursework or training regarding the identifica-
tion 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 phys-
ical and behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred thir-
teen 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 regard-
ing the physical and behavioral indicators of the abuse of individuals
with developmental disabilities and voluntary reporting of abused or
neglected adults to the office for people with developmental disabili-
ties 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;
§ 13. 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-
A. 9087 15
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; 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.
§ 13-a. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 733 of the laws of 2023, 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;
athletic trainer; psychologist; registered nurse; social worker; emer-
gency medical technician; 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 NUTRITION-
IST; hospital personnel engaged in the admission, examination, care or
A. 9087 16
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 teach-
ing or administrative license or certificate; full or part-time compen-
sated school employee required to hold a temporary coaching license or
professional coaching certificate; social services worker; employee of a
publicly-funded emergency shelter for families with children; 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 volun-
teer 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 counselor; alcoholism counselor; all persons creden-
tialed by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS; 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.
§ 14. 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 DIETI-
TIAN NUTRITIONIST; hospital personnel engaged in the admission, examina-
tion, care or treatment of persons; 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;
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 attorney or assistant
district attorney; investigator employed in the office of a district
attorney; or other law enforcement official.
§ 15. This act shall take effect eighteen months after it shall have
become a law; provided, however, that the provisions of sections
A. 9087 17
eleven-a, twelve-a and thirteen-a of this act shall take effect on the
same date and in the same manner as chapter 733 of the laws of 2023
takes effect. 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.