BILL NUMBER: S607A
SPONSOR: STAVISKY
 
TITLE OF BILL:
An act to amend the education law and the social services law, in
relation to the licensure of dietitians and nutritionists; and to repeal
certain provisions of the education law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the current New York State certification of dietitians and
nutritionists' statute and provide for a protected scope of practice
under licensure.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Introduction: Removes "certification" and establishes two new
titles of licensed nutritionist (LN) and licensed dietitian (LD).
Section 2. Sets forth the scope of practice; defines specific terms
relating to the scope of practice
Section 3. Authorizes the use of titles: "Licensed Nutritionist" or "LN
and "Licensed Dietitian" or "LD"
Section 4. Defines terminology used in the statute.
Section 5. Appointment of the state board for dietetics and nutrition.
Section 6. Sets forth the licensure requirements for the LN and the LD:
Section 7. Repeals section 8005 of the Education law.
Section 8. Repeals 'section 8006 of the Education law and creates a new
section 8006 - Special Conditions.
Section 9. Adds two new sections 8007 and 8008 dealing with Exemptions
and Limited Permits.
Section 10. Amends subparagraph (i) of paragraph a of subdivision 1 of
section 6503-a of the education law.
Section 11. Amends Chapter 10 of the laws of 2018 to require LN & LD to
take course work in infection control practices as specified in section
6505-b Education law.
Section 11-a. Amends Chapter 733 of the Laws of 2023 course work or
training in infection control practices.
Section 12. Amends Chapter 479 laws of 2022 to add LN & LD's to take 2
hours of coursework or training on child abuse and maltreatment.
Section 12-a. Amends Chapter 733 laws of 2023 on child abuse and
maltreatment.
Section 13. Amends section 413 of the social services law on the report-
ing of child abuse or maltreatment.
Section 13-a. Amends section 413 of social services law, on persons and
officials who are required to report or cause a report to be made with
reasonable cause to suspect child abuse or maltreatment.
Section 14. Amends Subdivision 5-a of section 488 of the social services
law defines "Human services professional".
Section 15. Sets the effective date.
 
JUSTIFICATION:
Currently, dietitians and nutritionists are eligible for voluntary title
certification through the New York State Education Department, pursuant
to Article 157 of the education law. Certification provides protection
of the title Certified Dietitian/Nutritionist. However, certification
alone does not protect the services provided by professional dietitians
and nutritionists. Anyone, regardless of training or competency, may
provide medical nutrition therapy and therapeutic diets long as they do
not call themselves a "Certified Dietitian" or "Certified Nutritionist".
The requirements for attaining a NYS title certification for Dietetics
and Nutritionists does not meet federally recognized standards.
Currently, an individual may obtain a certification with merely an Asso-
ciate's degree.
This bill seeks to recognize two professionals-the Licensed Nutritionist
and the Licensed Dietitian qualified to do a scope of practice, which
includes medical nutrition therapy, nutrition care services and thera-
peutic diets. Each profession meets separate requirements to be author-
ized to use their respective professional titles.
Licensure through the New York State Education Department will protect
the scope of practice of dietetics and nutrition professionals Licensed
Nutritionist and Licensed Dietitian while non-licensed individuals may
provide general non-medical nutrition information" and "individualize
nonmedical nutrition recommendations.
Licensure will ensure that Licensed Nutritionist and Licensed Dietitians
have the appropriate education, skills and training to provide medical
nutrition therapy, nutrition care services and therapeutic diets to New
Yorkers.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024:S9653/A9087 - Referred to Higher Education
2021-2022:A.6353/S.1084
2019-2020:S.5442/A.7380
2017-2018:A.8504B/S.2231C 2015-2016:S.362A/A.1257B
2013-2014:S.4999/A.7316 2011-2012:S.3556/A.5666 2007-2008:S.5556
2005-2006:S.2864/A.5795 2003-2004:S.4282/A.9887
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
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 effec-
tive date are authorized to be made and completed on or before such
effective date.

Statutes affected:
S607: 8000 education law, 8001 education law, 8002 education law, 8003 education law, 8004 education law, 8005 education law, 8006 education law, 6503-a education law, 6503-a(1) education law, 6505-b education law, 6507 education law, 6507(3) education law, 413 social services law, 413(1) social services law, 488 social services law, 488(5-a) social services law
S607A: 8000 education law, 8001 education law, 8002 education law, 8003 education law, 8004 education law, 8005 education law, 8006 education law, 6503-a education law, 6503-a(1) education law, 6505-b education law, 6507 education law, 6507(3) education law, 413 social services law, 413(1) social services law, 488 social services law, 488(5-a) social services law