S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3556 A. 5666
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
February 25, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Higher Educa-
tion
IN ASSEMBLY -- Introduced by M. of A. CANESTRARI, GUNTHER, ENGLEBRIGHT,
N. RIVERA, REILLY, MARKEY, SPANO, BURLING, LUPARDO, LAVINE, MAISEL,
MONTESANO, MURRAY, SIMOTAS -- Multi-Sponsored by -- M. of A. ABBATE,
CONTE, GABRYSZAK, GIBSON, MAYERSOHN, McENENY, McLAUGHLIN, NOLAN, PHEF-
FER, P. RIVERA, TITONE, TOWNS, WEISENBERG -- read once and referred to
the Committee on Higher Education
AN ACT to amend the education law, in relation to the licensure of
dietitians and nutritionists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration of purpose. The legis-
lature finds that the application of scientific knowledge relating to
nutrition is important in effective care, treatment and prevention of
disease or trauma and in the attainment and maintenance of health, and
acknowledges that the rendering and communication of sound dietetic and
nutrition services in hospitals, nursing homes, extended care and ambu-
latory care settings, school districts, health departments, private
practice and consultation, and in other settings requires trained and
competent professionals. The legislature further finds that it is neces-
sary in the provision of medical nutrition therapy for such profes-
sionals to be licensed under article 157 of the education law to ensure
quality care through a standardized nutrition care process, consisting
of a nutrition assessment, nutrition diagnosis, nutrition intervention
and the monitoring and evaluation of outcomes directly related to the
nutrition care process. Therefore, it is hereby declared to be the
purpose of this act to protect the health, safety, and welfare of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08623-02-1
S. 3556 2 A. 5666
public by providing for the licensure and regulation of the activities
of persons engaged in the practice of dietetics and nutrition.
S 2. Section 8000 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8000. Introduction. This article applies to the use of the titles
["certified dietitian" and "certified nutritionist"] "LICENSED
DIETITIAN/NUTRITIONIST" OR "LDN". The general provision for all
professions contained in article one hundred thirty of this title shall
apply to this article.
S 3. Section 8001 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8001. [Definitions] DEFINITION OF THE PRACTICE OF DIETETICS AND
NUTRITION. [1. Dietetics and nutrition are herein each defined as 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.
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 AND
NUTRITION IS THE APPLICATION OF MEDICAL NUTRITION THERAPY AND A STAND-
ARDIZED NUTRITION CARE PROCESS, INCLUDING NUTRITION ASSESSMENT, NUTRI-
TION DIAGNOSIS, NUTRITION INTERVENTION, AND NUTRITION EVALUATION AND
MONITORING FOR THE PREVENTION OR TREATMENT OF NUTRITION RELATED
ILLNESSES, NOURISHMENT, AND EDUCATION OF INDIVIDUALS AND GROUPS THROUGH-
OUT THE LIFECYCLE. 1. "MEDICAL NUTRITION THERAPY" IS AN EVIDENCE BASED
APPLICATION OF THE NUTRITION CARE PROCESS FOCUSED ON PREVENTION, DELAY
OR MANAGEMENT OF DISEASES AND CONDITIONS, AND INVOLVES AN IN-DEPTH
ASSESSMENT, PERIODIC REASSESSMENT AND INTERVENTION.
2. "NUTRITION DIAGNOSIS" IN THE CONTEXT OF THE PRACTICE OF DIETETICS
AND NUTRITION MEANS THE IDENTIFICATION AND LABELING OF EXISTING NUTRI-
TION PROBLEMS EXPRESSED IN TERMS OF ETIOLOGY, SIGNS AND SYMPTOMS. NUTRI-
TION DIAGNOSIS IS DISTINCT FROM A MEDICAL DIAGNOSIS.
3. "NUTRITION ASSESSMENT" IS A SYSTEMATIC APPROACH TO COLLECT, RECORD,
AND INTERPRET RELEVANT DATA FROM PATIENTS, CLIENTS, FAMILY MEMBERS,
CAREGIVERS, AND OTHER INDIVIDUALS AND GROUPS. NUTRITION ASSESSMENT IS AN
ONGOING, DYNAMIC PROCESS THAT INVOLVES INITIAL DATA COLLECTION AS WELL
AS CONTINUAL REASSESSMENT AND ANALYSIS OF THE PATIENT'S/CLIENT'S STATUS
COMPARED TO SPECIFIED CRITERIA.
4. "NUTRITION INTERVENTION" IS A PURPOSEFULLY PLANNED ACTION, SUCH AS,
BUT NOT LIMITED TO, NUTRITION THERAPY OR NUTRITION COUNSELING, DESIGNED
TO CHANGE NUTRITION RELATED BEHAVIORS, RISK FACTORS, ENVIRONMENTAL
CONDITIONS OR ASPECTS OF HEALTH STATUS FOR INDIVIDUALS, GROUPS, OR THE
COMMUNITY.
S. 3556 3 A. 5666
S 4. Section 8002 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8002. Use of titles. Only a person [certified] LICENSED under this
article shall be authorized to use the title ["certified dietitian",
"certified dietician", or "certified nutritionist"] "LICENSED
DIETITIAN/NUTRITIONIST" OR "LDN". NO PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION CLAIMING TO BE ENGAGED IN THE PRACTICE OF DIETETICS AND NUTRITION
SHALL IN ANY MANNER ADVERTISE, OR PLACE ANY ADVERTISEMENT FOR SERVICES
AS DEFINED IN SECTION EIGHT THOUSAND ONE OF THIS ARTICLE UNLESS SUCH
SERVICES ARE PERFORMED BY A PERSON LICENSED OR AUTHORIZED PURSUANT TO
THIS ARTICLE.
S 5. Section 8003 of the education law, as amended by chapter 282 of
the laws of 1992, is amended to read as follows:
S 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.
The board shall consist of not less than [thirteen] NINE members,
[ten] SEVEN of whom shall be [certified dietitians or certified nutri-
tionists, except that the members of the first board need not be certi-
fied but shall be persons who are eligible for certification under the
provisions of this article prior to their appointment to the board]
LICENSED PURSUANT TO THIS ARTICLE. The [first] board, with respect to
members representing the profession, shall consist of [five] FOUR
members registered by a national dietetic association having registra-
tion standards acceptable to the department and [five] THREE 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.] To the extent
reasonable, the board of regents should insure the state board is broad-
ly representative of various [professional interests] PRACTICE AREAS
within the dietetic and [nutritional] NUTRITION community. [Three
members] ONE MEMBER shall be [representatives] REPRESENTATIVE of the
general public AND ONE MEMBER SHALL BE A PHYSICIAN LICENSED UNDER ARTI-
CLE ONE HUNDRED THIRTY-ONE OF THIS TITLE. MEMBERS OF THE FIRST BOARD
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. THE TERMS
OF THE FIRST APPOINTED MEMBERS SHALL BE STAGGERED SO THAT FOUR ARE
APPOINTED FOR THREE YEARS, THREE ARE APPOINTED FOR FOUR YEARS, AND TWO
ARE APPOINTED FOR FIVE YEARS. An executive secretary to the board shall
be appointed by the board of regents on the recommendation of the
commissioner.
S 6. Section 8004 of the education law, as added by chapter 635 of the
laws of 1991, subparagraph 2 of paragraph (a) of subdivision 2 and
subparagraph 2 of paragraph (b) of subdivision 2 and subdivision 3 as
amended by chapter 282 of the laws of 1992, is amended to read as
follows:
S 8004. Requirements for [certification] PROFESSIONAL LICENSE. To
qualify for [certification] A LICENSE, an applicant shall fulfill the
following requirements:
1. File an application with the department;
2. [(a)(1) Have received an education including a bachelor's degree,
or its equivalent as determined by the department, in
dietetics/nutrition or an equivalent major course of study which shall
S. 3556 4 A. 5666
include appropriate core curriculum courses in dietetics/nutrition from
an accredited college or university as approved by the department, in
accordance with the commissioner's regulations; and
(2) Have completed a planned, continuous, experience component, in
accordance with the commissioner's regulations, in dietetic or nutrition
practice under the supervision of a certified dietitian or certified
nutritionist or a dietitian or nutritionist who is registered by or is a
member of a national dietetic association or national nutrition associ-
ation having registration or membership standards acceptable to the
department; such experience shall be satisfactory to the board and in
accordance with the commissioner's regulations; or
(b)(1) Have received an education including an associates degree in
dietetics or nutrition acceptable to the department,
(2) In the last fifteen years have completed ten years of experience
and education in the field of dietetics or nutrition satisfactory to the
board in accordance with the commissioner's regulations. These ten years
must be the full time equivalent of any combination of post secondary
dietetic or nutrition education and dietetic or nutrition work experi-
ence satisfactory to the board in accordance with the commissioner's
regulations, and
(3) Have obtained the endorsement of three dietitians or nutritionists
acceptable to the department] HAVE RECEIVED A BACHELOR'S DEGREE OR HIGH-
ER IN DIETETICS AND NUTRITION, OR A BACHELOR'S DEGREE OR HIGHER WHICH
INCLUDES APPROPRIATE MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION,
OR A BACHELOR'S DEGREE OR HIGHER AND POST GRADUATE COMPLETION OF A MAJOR
COURSE OF STUDY IN DIETETICS AND NUTRITION; FROM A PROGRAM REGISTERED BY
THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL
EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. MAJOR
COURSE OF STUDY IN DIETETICS AND NUTRITION SHALL INCLUDE BUT NOT BE
LIMITED TO SUCH AREAS AS HUMAN NUTRITION, NUTRITION EDUCATION, FOOD AND
NUTRITION, DIETETIC OR FOOD SYSTEMS AND MANAGEMENT WHICH ADDRESSES THE
PRACTICE OF DIETETICS AND NUTRITION UNDER VARYING CONDITIONS OF HEALTH
AND DISEASE, SOCIAL, PHYSICAL, PSYCHOLOGICAL AND ECONOMIC STATUS FOR
APPROPRIATE NUTRITION CARE;
3. THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, COMPLETE AT A
MINIMUM NINE HUNDRED HOURS IN THE PRACTICE OF DIETETICS AND NUTRITION IN
A PLANNED, CONTINUOUS, EXPERIENCE COMPONENT UNDER THE SUPERVISION OF AN
INDIVIDUAL LICENSED PURSUANT TO THIS ARTICLE, IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS; EFFECTIVE JANUARY FIRST, TWO THOUSAND
SIXTEEN AND THEREAFTER, SUCH EXPERIENCE SHALL INCLUDE AT A MINIMUM
TWELVE HUNDRED HOURS;
[3.] 4. Pass an examination satisfactory to the board and in accord-
ance with the commissioner's regulations; provided that such examination
shall test a level of knowledge and experience equivalent to that
obtained by an individual satisfactorily meeting the requirements of
[paragraph (a) of subdivision] SUBDIVISIONS two AND THREE of this
section;
[4.] 5. Pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for initial
certification, a fee of eighty-five dollars for each reexamination, a
fee of one hundred fifteen dollars for an initial certification for
persons not requiring admission to a department conducted examination, a
fee of one hundred [fifty-five] SEVENTY-FIVE dollars for each triennial
registration period;
[5.] 6. Be at least eighteen years of age;
7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
S. 3556 5 A. 5666
S 7. Section 8005 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
S 8005. Special provisions. Nothing [contained in this article shall
be deemed to alter, modify or impair any conditions of employment relat-
ing to service in the federal government, the state of New York, its
political subdivisions, including school districts, or special districts
and authorities or any facilities or institutions under the jurisdiction
of or subject to the certification of any agency of the state of New
York or its political subdivisions] IN THIS ARTICLE SHALL PROHIBIT OR
LIMIT ANY STATE, COUNTY OR MUNICIPAL EMPLOYEE ENGAGED IN THE PRACTICE OF
DIETETICS AND NUTRITION ON THE DATE THE CHAPTER OF THE LAWS OF TWO THOU-
SAND ELEVEN WHICH AMENDED THIS SECTION TAKES EFFECT FOR THE PERIOD
DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH GOVERNMENTAL UNIT
WITHIN THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED TO THE
SERVICES PROVIDED UPON SUCH EFFECTIVE DATE, HOWEVER, THIS SECTION SHALL
NOT AUTHORIZE THE USE OF ANY TITLE AUTHORIZED PURSUANT TO THIS ARTICLE.
PROVIDED HOWEVER, THAT EMPLOYEES ENGAGED IN THE PRACTICE OF DIETETICS
AND NUTRITION HIRED TWO YEARS AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT
TO ALL THE REQUIREMENTS OF THIS ARTICLE.
S 8. Section 8006 of the education law, as added by chapter 635 of the
laws of 1991 and subdivision 2 as amended by chapter 282 of the laws of
1992, is amended to read as follows:
S 8006. Special conditions. A person shall be [certified] LICENSED
without examination provided that, within [three years of the effective
date of this article] ONE YEAR OF THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED THIS SECTION, the individ-
ual:
1. files an application and pays the appropriate fees to the depart-
ment; and
[2.] (a) IS CURRENTLY CERTIFIED UNDER THIS ARTICLE PRIOR TO THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAW OF TWO THOUSAND ELEVEN WHICH AMENDED
THIS SECTION; OR
(B) is registered as a dietitian or nutritionist by a national dietet-
ic or national nutrition association having registration standards
acceptable to the department; AND
[(b)] 2. meets the requirements of [subparagraph one of paragraph (a)
of] subdivision two [and subdivision five] of section eight thousand
four of this article [and has been actively engaged in the provision of
nutrition care services for a minimum of three years during the five
years immediately preceding the effective date of this article; or
(c) meets all the requirements of paragraph (b) of subdivision two and
subdivision five of section eight thousand four of this article].
S 9. The education law is amended by adding two new sections 8007 and
8008 to read as follows:
S 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 CERTI-
FIED NURSE PRACTITIONER PRACTICING HIS OR HER PROFESSION AS DEFINED
UNDER ARTICLE ONE HUNDRED THIRTY-NINE 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;
S. 3556 6 A. 5666
2. AN INDIVIDUAL FROM ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRI-
TION WHILE PARTICIPATING IN THE EDUCATION OR EXPERIENCE REQUIREMENTS
DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION EIGHT THOUSAND FOUR OF
THIS ARTICLE;
3. ANY PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE LICENSED
PURSUANT TO THIS ARTICLE FROM FURNISHING GENERAL NUTRITION INFORMATION
ON FOOD OR DIETARY SUPPLEMENTS; ENGAGING IN THE EXPLANATION TO CUSTOMERS
ABOUT FOOD OR FOOD PRODUCTS IN CONNECTION WITH THE MARKETING AND
DISTRIBUTION OF THOSE PRODUCTS; PROVIDED THAT NOTHING IN THIS SUBDIVI-
SION SHALL BE DEEMED TO AUTHORIZE THE PROVISION OF MEDICAL NUTRITION
THERAPY; AND
4. A PERSON FROM PRESENTING A GENERAL PROGRAM OF INSTRUCTION FOR
WEIGHT CONTROL PROVIDED THE GENERAL PROGRAM IS APPROVED IN WRITING BY A
LICENSED DIETITIAN, A DIETITIAN REGISTERED BY THE COMMISSION OF DIETETIC
REGISTRATION OF THE AMERICAN DIETETIC ASSOCIATION OR A LICENSED PHYSI-
CIAN.
PROVIDED THAT, NO TITLE, SIGN, CARD OR DEVICE SHALL BE USED IN SUCH
MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT THE PERSON RENDERING
SUCH SERVICE IS LICENSED PURSUANT TO THIS ARTICLE.
S 8008. LIMITED PERMIT. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT TO
AN APPLICANT FOR LICENSURE WHO HAS MET ALL THE REQUIREMENTS OF SECTION
EIGHT THOUSAND FOUR OF THIS ARTICLE, BUT HAS NOT YET PASSED THE EXAMINA-
TION. 1. 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 PROVIDED THAT NO APPLICANT SHALL PRACTICE UNDER ANY
LIMITED PERMIT FOR MORE THAN A TOTAL OF TWO YEARS.
2. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF AN INDIVIDUAL LICENSED PURSUANT TO THIS ARTICLE EXCEPT THAT PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION, AND FOR A PERIOD OF THREE YEARS
FOLLOWING SUCH EFFECTIVE DATE, IN ORDER TO QUALIFY AS A SUPERVISOR SUCH
INDIVIDUAL NEED ONLY BE ELIGIBLE FOR LICENSURE.
3. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY-FIVE DOLLARS.
S 10. This act shall take effect one year after it shall have become a
law; provided however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and directed to
be made and completed by the department of education on or before such
effective date.
