BILL NUMBER: S5645
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 of the bill establishes the effective date.
 
JUSTIFICATION:
The Center for Medicaid and Medicare Services (CMS) issued in the Feder-
al Register Volume 79, Number 91, a new rule in 2014 that permits hospi-
tals to allow qualified dietitians and nutritionists to order therapeu-
tic 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 states 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 specifically allow for the ordering of therapeu-
tic diets. Language is needed to allow New York State to deliver nutri-
tion care via therapeutic diets through recognized dietetic and nutri-
tion professionals in a manner deemed as being appropriate and
efficient. This legislation will clarify that dietetic and nutrition
professionals may order therapeutic diets, providing patients with
better health care and ensuring that hospitals function more efficient-
ly.
 
LEGISLATIVE HISTORY:
2019-2020: S5665/A7660A Jaffee
2021-2022: S3330/A6398 Thiele
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

Statutes affected:
S5645: 8001 education law