A. 8968--A 2
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.] THE PRACTICE OF DIETETICS ENCOM-
PASSES THE PRACTICE OF NUTRITION AND INCLUDES PROVIDING MEDICAL NUTRI-
TION THERAPY AND ADVANCED MEDICAL NUTRITION THERAPY DELIVERED IN-PERSON
OR VIA TELEHEALTH, TO PREVENT, MANAGE, OR TREAT CHRONIC AND ACUTE
DISEASES OR MEDICAL CONDITIONS AND PROMOTE WELLNESS IN INPATIENT AND
OUTPATIENT SETTINGS.
2. THE PRACTICE OF NUTRITION INVOLVES THE PROVISION OF NUTRITION CARE
SERVICES IN-PERSON OR VIA TELEHEALTH, INCLUDING MEDICAL NUTRITION THERA-
PY, LIMITED TO THE PREVENTION, MANAGEMENT, OR TREATMENT OF CHRONIC
DISEASES OR MEDICAL CONDITIONS IN OUTPATIENT SETTINGS AND TREATMENT OF
CHRONIC DISEASES OR MEDICAL CONDITIONS IN OUTPATIENT SETTINGS AND THE
PROMOTION OF WELLNESS. THE PRACTICE OF NUTRITION SHALL INCLUDE THE
ORDERING OF ORAL THERAPEUTIC DIETS; THE ORDERING OF MEDICAL LABORATORY
TESTS RELATED TO NUTRITIONAL THERAPEUTIC TREATMENTS; AND THE PROVISION
OF RECOMMENDATIONS ON VITAMIN, MINERAL, AND OTHER DIETARY SUPPLEMENTS.
§ 3. Section 8002 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
§ 8002. Use of titles. [Only a] 1. NO person [certified under this
article shall be authorized to use the title "certified dietitian",
"certified dietician", or "certified nutritionist"] MAY DESIGNATE OR
HOLD SUCH PERSON OUT AS A DIETITIAN OR USE OR ASSUME THE TITLE "DIETI-
TIAN", "LICENSED DIETITIAN", "DIETICIAN", OR ANY OTHER TITLE INDICATING
THAT THE PERSON IS A LICENSED DIETITIAN OR APPEND TO OR USE IN CONJUNC-
TION WITH THAT PERSON'S NAME THE LETTERS "LD" UNLESS SUCH PERSON IS
LICENSED AS A DIETITIAN UNDER THIS ARTICLE.
2. 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
NUTRITIONIST UNDER THIS ARTICLE.
3. NO PERSON MAY DESIGNATE OR HOLD SUCH PERSON OUT AS A NUTRITIONIST
OR USE OR ASSUME THE TITLE "NUTRITIONIST" UNLESS THE PERSON IS LICENSED
UNDER THIS ARTICLE.
§ 4. The education law is amended by adding a new section 8002-a to
read as follows:
§ 8002-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADVANCED MEDICAL NUTRITION THERAPY" MEANS SERVICES PROVIDED BY
LICENSED DIETITIANS OR QUALIFIED PROVIDERS EXEMPTED UNDER THIS ARTICLE
AND INCLUDES, BUT IS NOT LIMITED TO, THE DEVELOPMENT AND ORDERING OF
A. 8968--A 3
THERAPEUTIC DIETS VIA ENTERAL AND PARENTERAL ROUTES; CONDUCTING SWALLOW
SCREENS; PLACING NASOGASTRIC OR NASOENTERIC FEEDING TUBES; IMPLEMENTING
PRESCRIPTION DRUG DOSE ADJUSTMENTS UNDER MEDICAL STAFF OR PRESCRIBER-AP-
PROVED DISEASE TREATMENT PROTOCOLS; ORDERING OR DISCONTINUING USE OF
VITAMIN, MINERAL, AND OTHER DIETARY SUPPLEMENTS; AND DEVELOPING AND
MANAGING FOOD SERVICE OPERATIONS FOR THE MANAGEMENT OR TREATMENT OF
DISEASES OR MEDICAL CONDITIONS.
2. "MEDICAL NUTRITION THERAPY" MEANS THE PROVISION OF NUTRITION
ASSESSMENT, NUTRITION DIAGNOSIS, NUTRITION INTERVENTION, OR NUTRITION
MONITORING AND EVALUATION FOR THE PURPOSE OF MANAGEMENT OR TREATMENT OF
A DISEASE OR MEDICAL CONDITION. ONLY A PERSON LICENSED OR OTHERWISE
EXEMPT UNDER THIS ARTICLE SHALL PRACTICE MEDICAL NUTRITION THERAPY OR
OFFER TO PROVIDE SUCH SERVICES.
3. "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 SERVICE.
4. "NUTRITION DIAGNOSIS" IN THE CONTEXT OF THE PRACTICE OF DIETETICS
OR THE PRACTICE OF NUTRITION MEANS IDENTIFYING AND LABELING NUTRITION
PROBLEMS MANAGED AND TREATED BY A LICENSED DIETITIAN OR LICENSED NUTRI-
TIONIST. SUCH DIAGNOSTIC PRIVILEGE IS DISTINCT FROM A MEDICAL DIAGNO-
SIS.
5. "THERAPEUTIC DIET" MEANS A DIET INTERVENTION PRESCRIBED BY A PHYSI-
CIAN OR OTHER AUTHORIZED PROVIDER, INCLUDING A LICENSED DIETITIAN OR,
FOR ORAL DIETS ONLY, A LICENSED NUTRITIONIST. A THERAPEUTIC DIET
PROVIDES FOOD, FLUIDS, OR NUTRIENTS BY ORAL, ENTERAL, OR PARENTERAL
ROUTES AND IS USED IN THE TREATMENT OF A DISEASE OR CLINICAL CONDITION
TO MODIFY, ELIMINATE, DECREASE, OR INCREASE SPECIFIC MACRO- OR MICRONU-
TRIENTS, OR TO PROVIDE MECHANICALLY ALTERED FOOD WHEN MEDICALLY INDI-
CATED.
§ 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-FIVE WHICH AMENDED THIS SECTION SHALL CONTINUE TO SERVE OUT
A. 8968--A 4
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 DIETITIANS AND TWO OF WHOM SHALL BE
LICENSED NUTRITIONISTS PURSUANT TO THIS ARTICLE. To the extent reason-
able, 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 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 secretary to the board
shall be appointed by the board of regents on the recommendation 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; BE OF GOOD MORAL CHARACTER, ACCEPTABLE TO THE DEPARTMENT;
SUBMIT A COMPLETED APPLICATION UPON A FORM AND IN SUCH MANNER AS THE
BOARD PRESCRIBES DEMONSTRATING THE APPLICANT IS CAPABLE AND PROFES-
SIONALLY 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 NUTRITION,
INCLUDING MEDICAL NUTRITION THERAPY, IN ACCORDANCE WITH THE COMMISSION-
ER'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 NUTRITION, INCLUDING MEDICAL NUTRITION
THERAPY AND INVOLVE AT LEAST ONE THOUSAND HOURS UNDER DIRECT SUPERVISION
IN THE FOLLOWING PRACTICE AREAS, WITH A MINIMUM OF TWO HUNDRED HOURS IN
EACH PRACTICE AREA: CONDUCTING NUTRITION ASSESSMENT; NUTRITION INTER-
VENTION; AND NUTRITION MONITORING AND EVALUATION. 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 FORMU-
LATE ACTIONABLE MEDICAL NUTRITION THERAPIES AND INTERVENTIONS, EDUCA-
TION, COUNSELING, AND ONGOING CARE FOR THE PREVENTION, MODULATION, AND
MANAGEMENT OF A RANGE OF CHRONIC MEDICAL CONDITIONS WITHIN THE SCOPE OF
NUTRITION; AND
(C) EXAMINATION: PASSAGE OF A NUTRITION EXAMINATION SATISFACTORY TO
THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
A. 8968--A 5
2. (A) EACH APPLICANT FOR A LICENSE AS A LICENSED DIETITIAN SHALL: BE
AT LEAST TWENTY-ONE YEARS OF AGE; BE OF GOOD MORAL CHARACTER, ACCEPTABLE
TO THE DEPARTMENT; SUBMIT A COMPLETED APPLICATION UPON A FORM AND IN
SUCH MANNER AS THE BOARD PRESCRIBES DEMONSTRATING THE APPLICANT IS CAPA-
BLE 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 MASTER'S OR DOCTORAL DEGREE AND SATIS-
FACTORILY COMPLETED A PROGRAM OF STUDY ACCREDITED BY A NATIONAL DIETET-
ICS ACCREDITING BODY AND APPROVED BY THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS;
(II) EXPERIENCE: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE OR AN
EQUIVALENT AS DETERMINED BY THE DEPARTMENT AND SATISFACTORILY COMPLETED
A PROGRAM OF STUDY ACCREDITED BY A NATIONAL DIETETICS ACCREDITATION BODY
AND APPROVED BY THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS, PROVIDED THAT SUCH EXPERIENCE SHALL REQUIRE DEMONSTRATION
OF COMPETENCE IN DIETETICS AND NUTRITION, INCLUDING MEDICAL NUTRITION
THERAPY, AND CONSIST OF NOT LESS THAN ONE THOUSAND HOURS UNDER DIRECT
SUPERVISION. 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 WITHIN THE SCOPE OF DIETETICS AND NUTRITION; 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 LICENSE SUBMITTED BY INDIVIDUALS,
WHO PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FIVE HELD REGISTRATION
AS A DIETITIAN BY A NATIONAL DIETETIC COMMISSION THAT HAS REGISTRATION
STANDARDS ACCEPTABLE TO THE DEPARTMENT, AND CURRENTLY HOLDS SUCH REGIS-
TRATION, IS GOVERNED BY THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY
BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND THE FORMER LAW IS CONTIN-
UED IN EFFECT FOR THAT PURPOSE.
3. ALL APPLICANTS FOR LICENSURE AS A LICENSED NUTRITIONIST OR LICENSED
DIETITIAN 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-FIVE WHICH ADDED THIS
SECTION, SHALL BE LICENSED AS A LICENSED DIETITIAN 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) 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 NATIONALLY ACCREDITED
DIETETIC AND NUTRITION EXPERIENCE APPROVED BY THE DEPARTMENT OF NOT LESS
THAN NINE HUNDRED HOURS; AND
A. 8968--A 6
(C) PASSAGE OF A DIETITIAN EXAMINATION SATISFACTORY TO THE BOARD AND
IN ACCORDANCE 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-FIVE WHICH ADDED THIS SECTION, SHALL BE
LICENSED AS A LICENSED NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL
REQUIREMENTS.
§ 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 SUCH PHYSICIAN'S 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 SUCH NURSE OR NURSE PRACTITIONER'S PROFES-
SION AS DEFINED UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE; A
LICENSED PHYSICIAN ASSISTANT FROM SUCH PHYSICIAN ASSISTANT'S 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, SO
LONG AS:
(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 APPROVED BY THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(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 SUCH STUDENT TRAINEE'S STATUS AS A
STUDENT, INTERN, TRAINEE, OR SUPERVISEE;
3. A DIETITIAN OR NUTRITIONIST WHO IS SERVING IN THE ARMED FORCES OF
THE UNITED STATES OR ANY OTHER FEDERAL AGENCY FROM ENGAGING IN THE PRAC-
TICE OF DIETETICS OR NUTRITION, OR USING GOVERNMENT ISSUED TITLES,
PROVIDED THAT SUCH PRACTICE OR TITLE USE IS RELATED TO SERVICE OR
EMPLOYMENT;
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 SUCH PERSON USING TITLES AUTHORIZED
UNDER THIS ARTICLE; AND
(C) THE PERSON DOES NOT HOLD SUCH PERSON OUT AS LICENSED OR QUALIFIED
TO ENGAGE IN THE PRACTICE OF MEDICAL NUTRITION THERAPY;
A. 8968--A 7
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 SUCH PERSON OUT AS QUALIFIED 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 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;
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
LICENSED UNDER THIS TITLE; AND
9. A PERSON FROM PRACTICING DIETETICS OR NUTRITION TO THE EXTENT
PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF SUCH PROFESSIONS, BY ANY
NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION PROVIDING SERVICES
WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED THAT SUCH
ENTITIES OFFERING DIETETICS OR NUTRITION SERVICES SHALL ONLY PROVIDE
SUCH SERVICES THROUGH AN INDIVIDUAL APPROPRIATELY LICENSED OR OTHERWISE
AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED
BY LAW TO PROVIDE SUCH SERVICES.
§ 8008. LIMITED PERMIT. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO PRACTICE AS A PROVISIONALLY LICENSED NUTRITIONIST OR PROVISIONALLY
LICENSED DIETITIAN TO AN APPLICANT FOR LICENSURE WHO HAS MET THE EDUCA-
TION AND EXPERIENCE REQUIREMENTS FOR A LICENSED NUTRITIONIST OR LICENSED
DIETITIAN 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 A DIETITIAN LICENSED PURSUANT TO THIS ARTICLE.
4. ALL PRACTICE UNDER A LIMITED NUTRITIONIST PERMIT SHALL BE UNDER THE
SUPERVISION OF A NUTRITIONIST OR DIETITIAN LICENSED PURSUANT TO THIS
ARTICLE.
A. 8968--A 8
5. 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 practicing in the state shall, on or before July first, nine-
teen hundred ninety-four and every four years thereafter, complete
course work or training appropriate 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 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] SUCH DENTIST,
REGISTERED NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST,
DENTAL HYGIENIST, LICENSED NUTRITIONIST, AND LICENSED DIETITIAN to
complete such course work or training because of the nature of [his or
her] SUCH DENTIST, REGISTERED NURSE, LICENSED PRACTICAL NURSE, PODIA-
TRIST, OPTOMETRIST, DENTAL HYGIENIST, LICENSED NUTRITIONIST, AND
LICENSED DIETITIAN practice or (ii) that [he or she] SUCH DENTIST,
REGISTERED NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST,
DENTAL HYGIENIST, LICENSED NUTRITIONIST, AND LICENSED DIETITIAN has
completed course work or training deemed by the department to be equiv-
alent to the course work or training approved by the department pursuant
to this section. The department shall consult with organizations repre-
sentative 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 practicing in the state shall, on
or before July first, nineteen hundred ninety-four and every four years
A. 8968--A 9
thereafter, complete course work or training appropriate to the profes-
sional'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 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 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] SUCH DENTIST, REGISTERED NURSE, LICENSED PRACTICAL
NURSE, PODIATRIST, OPTOMETRIST, DENTAL HYGIENIST, LICENSED NUTRITIONIST,
AND LICENSED DIETITIAN to complete such course work or training because
of the nature of [his or her] SUCH DENTIST, REGISTERED NURSE, LICENSED
PRACTICAL NURSE, PODIATRIST, OPTOMETRIST, DENTAL HYGIENIST, LICENSED
NUTRITIONIST, AND LICENSED DIETITIAN practice or (ii) that [he or she]
SUCH DENTIST, REGISTERED NURSE, LICENSED PRACTICAL NURSE, PODIATRIST,
OPTOMETRIST, DENTAL HYGIENIST, LICENSED NUTRITIONIST, AND LICENSED
DIETITIAN has completed course work or training deemed by the department
to be equivalent to the course work or training approved by the depart-
ment pursuant to this section. The department shall consult with organ-
izations 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 promulgat-
ed 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 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
A. 8968--A 10
indicators of child abuse and maltreatment and the statutory 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 repor-
ters, and the consequences for failing to report. Such coursework or
training may also include information regarding the physical and behav-
ioral indicators of the abuse of individuals with developmental disabil-
ities 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] SUCH APPLICANT 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 satis-
faction, that there would be no need because of the nature of [his or
her] SUCH APPLICANT'S practice for [him or her] SUCH APPLICANT 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, 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 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] SUCH APPLICANT
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
A. 8968--A 11
nature of [his or her] SUCH APPLICANT'S practice for [him or her] SUCH
APPLICANT 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-
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; hospital personnel 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 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 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] ADDICTION SERVICES and [substance abuse services] 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.
§ 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
A. 8968--A 12
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; hospital
personnel 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 counse-
lor, 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 profes-
sional coaching certificate; social services worker; employee of a publ-
icly-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 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 counselor; alcoholism counselor; all persons credentialed by the
office of [alcoholism and substance abuse services] ADDICTION SERVICES
AND SUPPORTS; employees, who are expected to have regular and substan-
tial contact with children, of a health home or health home care manage-
ment agency contracting with a health home as designated by the depart-
ment 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; inves-
tigator 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-
A. 8968--A 13
TIAN; hospital personnel engaged in the admission, examination, 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 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; any other
child care or foster care worker; mental health professional; person
credentialed by the office of [alcoholism] ADDICTION SERVICES and
[substance abuse services] SUPPORTS; 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
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.