S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9481
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 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  the  creation  of
   the health professional nutrition education office
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 2 of the public health law is amended by  adding  a
 new title 4-A to read as follows:
                                TITLE IV-A
              HEALTH PROFESSIONAL NUTRITION EDUCATION OFFICE
 SECTION 255.   DEFINITIONS.
         255-A. OFFICE   OF   HEALTH   PROFESSIONAL  NUTRITION  EDUCATION
                  CREATED.
         255-B. HEALTH PROFESSIONAL NUTRITION EDUCATION COUNCIL.
         255-C. PREPARATION AND DISTRIBUTION OF REPORTS.
   § 255. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
   1. "HEALTH PROFESSIONAL" SHALL MEAN A PHYSICIAN  OR  OTHER  INDIVIDUAL
 PROVIDING MEDICAL AND/OR HEALTH CARE SERVICES UNDER ARTICLES ONE HUNDRED
 THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B AND ONE HUNDRED THIRTY-THREE OF THE
 EDUCATION LAW.
   2.  "HEALTH PROFESSIONAL TRAINING PROGRAM" SHALL MEAN MEDICAL SCHOOLS,
 GRADUATE MEDICAL EDUCATION PROGRAMS, DENTAL SCHOOLS, PHYSICIAN ASSISTANT
 PROGRAMS, AND OTHER INSTITUTIONS THAT EDUCATE AND TRAIN  HEALTH  PROFES-
 SIONALS.
   3.  "OFFICE"  SHALL  MEAN  THE OFFICE OF HEALTH PROFESSIONAL NUTRITION
 EDUCATION, AS CREATED PURSUANT TO SECTION TWO  HUNDRED  FIFTY-FIVE-A  OF
 THIS TITLE.
   4.  "HEALTH  PROFESSIONAL  NUTRITION  EDUCATION  COUNCIL" OR "COUNCIL"
 SHALL  MEAN THE ADVISORY BODY TO THE COMMISSIONER, CREATED  PURSUANT  TO
 THE PROVISIONS OF SECTION TWO HUNDRED FIFTY-FIVE-B OF THIS TITLE.
   §  255-A.  OFFICE  OF HEALTH PROFESSIONAL NUTRITION EDUCATION CREATED.
 THERE IS HEREBY CREATED  AN  OFFICE  OF  HEALTH  PROFESSIONAL  NUTRITION
 EDUCATION WITHIN THE DEPARTMENT.  SUCH OFFICE SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14479-01-4
              

 A. 9481                             2
 
   1.  ASSIST HEALTH PROFESSIONAL TRAINING PROGRAMS IN DEVELOPING CURRIC-
 ULA  AND PROGRAMS TO IMPROVE THE EDUCATION OF  HEALTH  PROFESSIONALS  IN
 THE TOPICS OF DIET AND NUTRITION. THIS MAY BE ACCOMPLISHED BY ESTABLISH-
 ING  CORE  COMPETENCIES  IN  NUTRITION  FOR RELEVANT HEALTH PROFESSIONAL
 TRAINING  PROGRAMS,  ACTING  AS  A  CLEARINGHOUSE  FOR INFORMATION ABOUT
 EXISTING INITIATIVES AND AVAILABLE CURRICULAR OFFERINGS,  AND  PROVIDING
 RECOGNITION  FOR  HEALTH  PROFESSIONAL  TRAINING PROGRAMS WITH EXCELLENT
 CURRICULAR OFFERINGS IN NUTRITION.
   2. APPLY FOR GRANTS AND ACCEPT GIFTS FROM PRIVATE AND  PUBLIC  SOURCES
 FOR  RESEARCH  TO  IMPROVE  AND  ENHANCE THE EDUCATION OF HEALTH PROFES-
 SIONALS REGARDING DIET AND NUTRITION.   THE OFFICE  SHALL  ALSO  PROMOTE
 NUTRITION  EDUCATION  RESEARCH  IN  UNIVERSITIES AND COLLEGES, INCLUDING
 RESEARCH REGARDING THE IMPACT OF PHYSICIAN NUTRITION EDUCATION ON  POPU-
 LATION HEALTH.
   3.  TOGETHER  WITH  THE COUNCIL, SERVE AS LIAISON TO THE DEPARTMENT ON
 MATTERS REGARDING THE EDUCATION OF HEALTH  PROFESSIONALS  IN  NUTRITION.
 THIS  FUNCTION SHALL INCLUDE THE PROVISION OF STAFF SUPPORT TO THE COUN-
 CIL AND  THE  PREPARATION  AND  DISTRIBUTION  OF  TRIENNIAL  REPORTS  AS
 PROVIDED FOR IN SECTION TWO HUNDRED FIFTY-FIVE-C OF THIS TITLE.
   §  255-B.  HEALTH  PROFESSIONAL NUTRITION EDUCATION COUNCIL.  1. THERE
 SHALL BE ESTABLISHED WITHIN THE OFFICE A HEALTH  PROFESSIONAL  NUTRITION
 EDUCATION  COUNCIL  TO  BE  COMPOSED  OF  THE  COMMISSIONER AND FOURTEEN
 MEMBERS TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND  CONSENT  OF
 THE  SENATE.  THE  GOVERNOR  SHALL  DESIGNATE  ONE OF THE MEMBERS OF THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL AS ITS CHAIR. THE  MEMBERS  OF
 THE  COUNCIL  SHALL  INCLUDE  DEANS  OR  OTHER REPRESENTATIVES OF HEALTH
 PROFESSIONAL TRAINING PROGRAMS; REPRESENTATIVES OF HEALTH PROFESSIONALS;
 AND INDIVIDUALS WITH EXPERTISE IN PUBLIC HEALTH, HEALTH PLANNING, HEALTH
 WORKFORCE EDUCATION, NUTRITION DIETETICS, AND LIFESTYLE MEDICINE.
   2. A. THE COUNCIL SHALL, AT THE REQUEST OF THE COMMISSIONER,  CONSIDER
 ANY  MATTER  RELATING  TO THE NUTRITION EDUCATION AND TRAINING OF HEALTH
 PROFESSIONALS, AND MAY ADVISE THE COMMISSIONER THEREON; AND IT MAY, FROM
 TIME TO TIME, SUBMIT TO THE COMMISSIONER ANY RECOMMENDATIONS RELATING TO
 THE PROVISION OF HEALTH PROFESSIONAL NUTRITION EDUCATION.
   B. THE COUNCIL SHALL ALSO ASSIST THE OFFICE WITH ITS  RESPONSIBILITIES
 AS  DELINEATED  IN  SECTION  TWO  HUNDRED  FIFTY-FIVE-A  OF  THIS TITLE;
 CONTRIBUTE TO THE TRIENNIAL REPORT  REQUIRED  PURSUANT  TO  SECTION  TWO
 HUNDRED  FIFTY-FIVE-C  OF THIS TITLE; AND ACT AS LIAISON AND ADVOCATE ON
 HEALTH PROFESSIONAL NUTRITION EDUCATION MATTERS.
   3. A. THE TERMS OF OFFICE OF MEMBERS OF THE  COUNCIL  SHALL  BE  THREE
 YEARS.  THE  MEMBERS  OF  THE COUNCIL SHALL CONTINUE IN OFFICE UNTIL THE
 EXPIRATION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE  APPOINTED  AND
 HAVE  QUALIFIED.   SUCH APPOINTMENTS SHALL BE MADE BY THE GOVERNOR, WITH
 THE ADVICE AND CONSENT OF THE SENATE,  WITHIN  ONE  YEAR  FOLLOWING  THE
 EXPIRATION OF SUCH TERMS.
   B.  VACANCIES  SHALL  BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE
 UNEXPIRED TERMS WITHIN ONE YEAR OF THE DATE UPON  WHICH  SUCH  VACANCIES
 OCCUR.
   4.  THE  COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE,
 BUT NOT LESS THAN TWO TIMES A YEAR. MEETINGS MAY BE CALLED BY THE CHAIR-
 PERSON AT THE REQUEST OF THE COMMISSIONER.
   5. THE MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT  COMPENSATION  OTHER
 THAN  REIMBURSEMENT  OF  ACTUAL  AND  NECESSARY EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES HEREUNDER.
   6. STAFF SUPPORT FOR THE COUNCIL SHALL BE PROVIDED FOR BY  THE  OFFICE
 AS PROVIDED FOR IN SECTION TWO HUNDRED FIFTY-FIVE-A OF THIS TITLE.
 A. 9481                             3
 
   7.  THE  ENTIRETY OF EACH MEETING OF THE COUNCIL SHALL BE LIVE WEBCAST
 TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE AND SHALL BE ARCHIVED  ON  THE
 DEPARTMENT'S  WEBSITE,  FOR  A  PERIOD OF NO LESS THAN TWO YEARS, WITHIN
 TWENTY-FOUR HOURS OF THE ADJOURNMENT OF THE LAST MEETING.   THE  DEPART-
 MENT  SHALL  PROVIDE NOTICE TO THE PUBLIC, VIA THE DEPARTMENT'S WEBSITE,
 OF THE AVAILABILITY OF THE LIVE WEBCAST OF EACH SUCH MEETING.
   § 255-C. PREPARATION AND DISTRIBUTION OF REPORTS. THE DEPARTMENT SHALL
 SUBMIT A TRIENNIAL REPORT TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING
 THE ACTIVITIES OF THE OFFICE, THE STATUS OF HEALTH  PROFESSIONAL  NUTRI-
 TION EDUCATION IN NEW YORK, AND THE POLICY OPTIONS AVAILABLE TO INCREASE
 HEALTH  PROFESSIONAL NUTRITION EDUCATION. THE FIRST SUCH REPORT SHALL BE
 TRANSMITTED ON OR BEFORE SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-SEVEN.
 SUCH REPORTS SHALL CONTAIN THE FOLLOWING INFORMATION:
   1.  ACTIVITIES  OF  THE  OFFICE, EXPENDITURES INCURRED IN CARRYING OUT
 SUCH ACTIVITIES, AND ANTICIPATED ACTIVITIES  TO  BE  UNDERTAKEN  IN  THE
 FUTURE.
   2. PROGRESS IN CARRYING OUT THE FUNCTIONS AND DUTIES LISTED IN SECTION
 TWO HUNDRED FIFTY-FIVE-A OF THIS TITLE.
   3.  AN  ANALYSIS OF THE STATUS OF HEALTH PROFESSIONAL NUTRITION EDUCA-
 TION  IN NEW YORK, THE POLICY  OPTIONS  AVAILABLE  TO  ENCOURAGE  HEALTH
 PROFESSIONAL  TRAINING PROGRAMS TO PROVIDE ADEQUATE NUTRITION EDUCATION,
 AND THE POLICY OPTIONS AVAILABLE TO ENCOURAGE HEALTH PROFESSIONALS THEM-
 SELVES TO OBTAIN ADEQUATE NUTRITION EDUCATION. SUCH  ANALYSIS  SHALL  BE
 CONDUCTED IN COOPERATION WITH THE COUNCIL.
   4.  ANY  RECOMMENDED  IMPROVEMENTS TO PROGRAMS AND/OR REGULATIONS THAT
 WOULD IMPROVE THE NUTRITION EDUCATION OF HEALTH PROFESSIONALS.
   § 2. This act shall take effect immediately.