Senate Bill S3601

                                 
BILL NUMBER: S3601

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to the certification of
dietitians and nutritionists

 
PURPOSE:

To amend the Education Law to allow certified dietitians and nutrition-
ists to order therapeutic diets.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 8001 of the Education Law, as it relates to
definitions of "dietetics" and "nutrition," by adding a new subdivision
4 authorizing a certified dietitian or certified nutritionist to
prescribe, order, write, review, evaluate, monitor, and manage therapeu-
tic diets, including enteral and parenteral nutrition, in a hospital or
any other facility.

              

Section 2 provides an effective date.

 
JUSTIFICATION:

In 2014, the Center for Medicaid and Medicare Services (CMS) issued a
new rule in the Federal Register (Volume 79, Number 91) that authorized
hospitals to allow qualified dietitians and nutritionists to order ther-
apeutic diets. According to CMS rules, dietitians and nutritionists are,
"the professionals who are best qualified to assess a patient's nutri-
tional status and to design and implement a nutritional treatment plan
in consultation with the patient's interdisciplinary care team." In
addition, the CMS rules state that the qualified dietitian or nutrition-
ist "must be viewed as an integral member of the hospital interdiscipli-
nary care team, one who as the team's clinical nutrition expert is
responsible for a patient's nutritional diagnosis and treatment in light
of a patient's medical diagnosis." The CMS rule further highlighted that
"we consider all patient diets to be therapeutic in nature, regardless
of the modality used to support the nutritional needs of the patient and
that the term would most certainly include parenteral and enteral nutri-
tion support".

The current scope of practice for certified dietitians and certified
nutritionists does not explicitly permit the ordering of therapeutic
diets. Language is needed to allow New York State dietitians and nutri-
tionists the ability to deliver nutrition care via therapeutic diets in
a manner that is both efficient and appropriate. This legislation would
clarify that dietetic and nutrition professionals may order therapeutic
diets, providing patients with better health care and ensuring that
hospitals function more efficiently.

 
LEGISLATIVE HISTORY:

2019-2020: S5665 Rivera / A7660-A Jaffee

2021-2022: S3330 Rivera / A6398 Thiele

2023-2024: S5645 Rivera / No same as
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.