Bill Text: NY S02231 | 2017-2018 | General Assembly | Amended
Bill Title: Provides for the licensure of dietitians and nutritionists; defines the practice thereof.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-01-12 - PRINT NUMBER 2231C [S02231 Detail]
Download: New_York-2017-S02231-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2231--C 2017-2018 Regular Sessions IN SENATE January 12, 2017 ___________ Introduced by Sens. LAVALLE, AMEDORE, BROOKS, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the social services law, in relation to the licensure of dietitians and nutritionists; and repeal- ing certain provisions of the education law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and declaration of purpose. The legis- 2 lature finds that the application of scientific knowledge relating to 3 dietetics and nutrition is important in effective care, treatment and 4 prevention of disease or trauma and in the attainment and maintenance of 5 health, and acknowledges that the rendering and communication of sound 6 dietetic and nutrition services in hospitals, nursing homes, extended 7 care and ambulatory care settings, school districts, health departments, 8 private practice and consultation, and in other settings requires 9 trained and competent professionals. The legislature further finds that 10 it is necessary in the provision of medical nutrition therapy, and ther- 11 apeutic diets, for such professionals to be licensed under article 157 12 of the education law to ensure quality nutrition care, consisting of a 13 nutrition assessment, nutrition diagnosis, nutrition intervention and 14 the monitoring and evaluation of outcomes directly related to the nutri- 15 tion care process. Therefore, it is hereby declared to be the purpose of 16 this act to protect the health, safety, and welfare of the public by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07866-06-8S. 2231--C 2 1 providing for the licensure and regulation of the activities of persons 2 engaged in the practice of dietetics and nutrition. 3 § 2. Section 8000 of the education law, as added by chapter 635 of the 4 laws of 1991, is amended to read as follows: 5 § 8000. Introduction. This article applies to the use of the titles 6 ["certified dietitian" and "certified nutritionist"] "licensed nutri- 7 tionist" or "LN" and "licensed dietitian/nutritionist" or "LDN" and the 8 practice of dietetics and nutrition. The general provision for all 9 professions contained in article one hundred thirty of this title shall 10 apply to this article. 11 § 3. Section 8001 of the education law, as added by chapter 635 of the 12 laws of 1991, is amended to read as follows: 13 § 8001. [Definitions] Dietetic and nutrition practice. [1. Dietetics14and nutrition are herein each defined as the integration and applica-15tion of principles derived from the sciences of nutrition, biochemistry,16physiology, food management and behavioral and social sciences to17achieve and maintain people's health.182. Where the title "certified dietitian" or "certified nutritionist"19is used in this article it shall mean "certified dietitian", "certified20dietician", or "certified nutritionist".213. A certified dietitian or certified nutritionist is one who engages22in the integration and application of principles derived from the23sciences of nutrition, biochemistry, physiology, food management and24behavioral and social sciences to achieve and maintain people's health,25and who is certified as such by the department pursuant to section eight26thousand four of this article. The primary function of a certified27dietitian or certified nutritionist is the provision of nutrition care28services that shall include:29(a) Assessing nutrition needs and food patterns;30(b) Planning for and directing the provision of food appropriate for31physical and nutrition needs; and32(c) Providing nutrition counseling.] 33 1. Dietetic and nutrition practice is the application of medical 34 nutrition therapy and elements of nutrition care, which includes nutri- 35 tion assessment, nutrition diagnosis, diet or nutrition intervention, 36 counseling, evaluation and monitoring for the prevention or treatment of 37 nutrition related illnesses, nourishment and malnourishment. 38 2. A licensed nutritionist and licensed dietitian/nutritionist shall 39 have the authority, as necessary, and limited to the practice of dietet- 40 ics and nutrition, to order diagnostic tests and devices, and laboratory 41 tests, as established by the board in accordance with the commissioner's 42 regulations. 43 3. A licensed nutritionist and licensed dietitian/nutritionist may 44 order, write, review, evaluate, monitor and manage therapeutic diets 45 including enteral and parenteral diets. 46 § 4. The education law is amended by adding a new section 8001-a to 47 read as follows: 48 § 8001-a. Definitions. For purposes of this article: 1. "Medical 49 nutrition therapy" is an evidence based application of nutrition care 50 focused on prevention, delay or management of diseases and conditions, 51 and involves an in-depth assessment, intervention and periodic reassess- 52 ment. 53 2. "Nutrition diagnosis" in the context of dietetics and nutrition 54 practice means the identification and labeling of existing nutrition 55 problems expressed in terms of etiology, signs and symptoms. Nutrition 56 diagnosis is distinct from a medical diagnosis. Nothing in this sectionS. 2231--C 3 1 shall authorize a licensed nutritionist or licensed 2 dietitian/nutritionist to make a medical diagnosis. 3 3. "Nutrition assessment" means the systematic process of obtaining, 4 verifying, and interpreting biochemical, anthropometric, nutrigenomic, 5 physical and dietary data in order to make decisions about the nature 6 and cause of nutrition related problems. The mere collection of these 7 data for use in a nutrition assessment is not a nutrition assessment and 8 does not require a license in dietetics and nutrition as set forth in 9 this article. 10 4. "Nutrition intervention" is a purposefully planned action, includ- 11 ing, but not limited to, the recommendation or ordering of food and 12 nutrition supplements designed to positively change nutrition related 13 behavior, risk factor, environmental condition or aspects of health 14 status for individuals, groups, or the community. 15 § 5. Section 8002 of the education law, as added by chapter 635 of the 16 laws of 1991, is amended to read as follows: 17 § 8002. [Use] Practice and authorization of titles. Only a person 18 [certified] licensed or otherwise authorized under this article shall 19 [be authorized to] practice dietetics and nutrition or use the title 20 ["certified dietitian", "certified dietician", or "certified nutrition-21ist"] "licensed nutritionist" or "LN" or "licensed 22 dietitian/nutritionist" or "LDN"; provided, however, that nothing in 23 this article shall prevent an individual from using any title obtained 24 from a national credentialing body. 25 § 6. Section 8003 of the education law, as amended by chapter 282 of 26 the laws of 1992, is amended to read as follows: 27 § 8003. State board for dietetics and nutrition. A state board for 28 dietetics and nutrition shall be appointed by the board of regents, on 29 recommendation of the commissioner, for the purpose of assisting the 30 board of regents and the department on matters of [certification] licen- 31 sure, practice and professional conduct in accordance with section 32 sixty-five hundred eight of this [chapter] title. 33 The board shall consist of not less than [thirteen] eleven members, 34 [ten] four of whom shall be [certified dietitians or certified nutri-35tionists, except that the members of the first board need not be certi-36fied but shall be persons who are eligible for certification under the37provisions of this article prior to their appointment to the board] 38 licensed dietitian/nutritionists and four of whom shall be licensed 39 nutritionists pursuant to this article. The [first] board, with respect 40 to members representing the profession, shall consist of [five] four 41 members [registered] credentialed by a national dietetic association 42 having [registration] credentialing standards acceptable to the depart- 43 ment and [five] four members who are [members of or registered] creden- 44 tialed by a national nutritional association having [membership and/or45registration] credentialing standards acceptable to the department; 46 provided, however, that no such credentialed member shall be also 47 credentialed by a national nutrition association, nor a national dietet- 48 ic association, respectively. [Thereafter, members of the profession49appointed to such board shall be certified pursuant to this article. To50the extent reasonable, the board of regents should insure the state51board is broadly representative of various professional interests within52the dietetic and nutritional community. Three members] Two members 53 shall be representatives of the general public and one member shall be a 54 physician licensed under article one hundred thirty-one of this title. 55 Such physician member shall not be a member of or credentialed by a 56 national dietetic or national nutrition association. An executive secre-S. 2231--C 4 1 tary to the board shall be appointed by the board of regents on the 2 recommendation of the commissioner. 3 § 7. Section 8004 of the education law is REPEALED and a new section 4 8004 is added to read as follows: 5 § 8004. Requirements for professional license. 1. To qualify for a 6 license as a licensed nutritionist, an applicant shall fulfill the 7 following requirements: 8 (a) File an application with the department; 9 (b) Education: 10 (1) Have received a master's or doctoral degree in nutrition or a 11 nutrition-related science from a program registered by the department or 12 determined by the department to be the substantial equivalent, in 13 accordance with the commissioner's regulations; or a master's or 14 doctoral degree in a healthcare field from a program registered by the 15 department or determined by the department to be the substantial equiv- 16 alent, in accordance with the commissioner's regulations; and 17 (2) Have completed coursework covering content areas including but not 18 limited to: 19 (i) Biochemistry; 20 (ii) Metabolism in health and disease; 21 (iii) Anatomy and physiology; 22 (iv) Clinical and life sciences; 23 (v) Human nutrition, across the life cycle in health and disease; 24 (vi) Nutrition assessment and evaluation; 25 (vii) Medical nutrition therapy, planning and implementation; 26 (viii) Food content, safety and quality; and 27 (ix)Professional orientation and ethics. 28 (c) Experience: 29 (1) Complete a minimum of one thousand hours of supervised experience 30 relevant to the practice of dietetics and nutrition in a planned, 31 continuous experience satisfactory to the department and in accordance 32 with the commissioner's regulations. A practicum completed as part of a 33 graduate level program shall be considered supervised experience for the 34 purposes of this paragraph in accordance with the commissioner's regu- 35 lations. 36 (2) Supervised experience shall be under the supervision of an indi- 37 vidual with experience in the practice of dietetics and nutrition who is 38 licensed under this article or is a licensed healthcare professional 39 under this title, satisfactory to the department and in accordance with 40 the commissioner's regulations. Satisfactory experience obtained in an 41 entity operating under a waiver issued by the department pursuant to 42 section sixty-five hundred three-a of this title may be accepted by the 43 department notwithstanding that such experience may have been obtained 44 prior to the effective date of such section sixty-five hundred three-a 45 of this title and/or prior to the entity having obtained a waiver. The 46 department may, for good cause shown, accept satisfactory experience 47 that was obtained in a setting that would have been eligible for a waiv- 48 er but which has not obtained a waiver from the department or experience 49 that was obtained in good faith by the applicant under the belief that 50 appropriate authorization had been obtained for the experience, provided 51 that such experience meets all other requirements for acceptable experi- 52 ence. 53 (3) Experience obtained prior to the effective date of this section 54 shall have been supervised by a certified dietitian/nutritionist or by 55 an individual credentialed by or recognized as a supervisor by a 56 national dietetic credentialing organization or national nutritionalS. 2231--C 5 1 credentialing organization. Such national credentialing organizations 2 must be accredited by the national commission for certifying agencies, 3 and approved by the department as having credentialing standards 4 substantially equivalent to standards set forth for licensure pursuant 5 to this article. 6 (4) Experience shall be relevant to the practice of dietetics and 7 nutrition under varying conditions of health and disease, social, phys- 8 ical, psychological and economic status. 9 (d) Examination: Pass an examination satisfactory to the board and in 10 accordance with the commissioner's regulations; provided that such exam- 11 ination shall test a level of knowledge and experience equivalent to 12 that obtained by an individual satisfactorily meeting the requirements 13 of paragraphs (b) and (c) of this subdivision; 14 (e) Pay a fee of one hundred seventy-five dollars to the department 15 for admission to a department conducted examination and/or initial 16 certification, a fee of eighty-five dollars for each reexamination, a 17 fee of one hundred fifteen dollars for an initial certification for 18 persons not requiring admission to a department conducted examination, a 19 fee of one hundred seventy-five dollars for each triennial registration 20 period; 21 (f) Be at least eighteen years of age; and 22 (g) Be of good moral character as determined by the department. 23 2. To qualify for a license as a licensed dietitian/nutritionist, an 24 applicant shall fulfill the following requirements: 25 (a) File an application with the department; 26 (b) Education: Have received an education, including a bachelor's 27 degree or higher in dietetics and nutrition from a program registered 28 with the department, or determined by the department to be the substan- 29 tial equivalent thereof, in accordance with commissioner's regulations; 30 or post graduate completion of a graduate coursework in dietetics and 31 nutrition from a program registered by the department or determined by 32 the department to be the substantial equivalent thereof, in accordance 33 with the commissioner's regulations. The coursework in dietetics and 34 nutrition shall include but not be limited to the following areas: 35 (1) Physical and life sciences, including organic chemistry, biochem- 36 istry, physiology, genetics, microbiology, pharmacology, statistics, 37 nutrient metabolism and nutrition across the lifespan; 38 (2) Human behavior and diversity, such as psychology or sociology and 39 counseling methods; 40 (3) Professional practice and ethics; 41 (4) Nutrition care including Medical Nutrition Therapy, nutrition 42 diagnosis and enteral and parenteral nutrition; 43 (5) Role of environment, food, nutrition and lifestyle choices in 44 health promotion and disease prevention; and 45 (6) Principles of food science and food preparation, and food systems 46 management. 47 (c) Experience: 48 (1) Complete a minimum of one thousand hours of supervised experience 49 relevant to the practice of dietetics and nutrition in a planned, 50 continuous, experience program satisfactory to the department and in 51 accordance with the commissioner's regulations. A practicum completed as 52 part of an education program shall be considered supervised experience 53 for purposes of this paragraph in accordance with the commissioner's 54 regulations. 55 (2) Supervised experience shall be under the supervision of a licensed 56 dietitian/nutritionist licensed under this article. Satisfactory experi-S. 2231--C 6 1 ence obtained in an entity operating under a waiver issued by the 2 department pursuant to section sixty-five hundred three-a of this title 3 may be accepted by the department notwithstanding that such experience 4 may have been obtained prior to the effective date of such section 5 sixty-five hundred three-a of this title and/or prior to the entity 6 having obtained a waiver. The department may, for good cause shown, 7 accept satisfactory experience that was obtained in a setting that would 8 have been eligible for a waiver but which has not obtained a waiver from 9 the department or experience that was obtained in good faith by the 10 applicant under the belief that appropriate authorization had been 11 obtained for the experience, provided that such experience meets all 12 other requirements for acceptable experience. 13 (3) Experience obtained prior to the effective date of this section 14 shall have been supervised by a certified dietitian/nutritionist or by 15 an individual credentialed by or recognized as a supervisor by a 16 national dietetic credentialing organization or national nutritional 17 credentialing organization. Such national credentialing organizations 18 must be accredited by the national commission for certifying agencies, 19 and approved by the department as having credentialing standards 20 substantially equivalent to standards set forth for licensure pursuant 21 to this article. 22 (4) Experience shall be relevant to the practice of dietetics and 23 nutrition under varying conditions of health and disease, social, phys- 24 ical, psychological and economic status. 25 (d) Examination: Pass an examination satisfactory to the board and in 26 accordance with the commissioner's regulations; provided that such exam- 27 ination shall test a level of knowledge and experience equivalent to 28 that obtained by an individual satisfactorily meeting the requirements 29 of paragraphs (b) and (c) of this subdivision; 30 (e) Pay a fee of one hundred seventy-five dollars to the department 31 for admission to a department conducted examination and/or initial 32 certification, a fee of eighty-five dollars for each reexamination, a 33 fee of one hundred fifteen dollars for an initial certification for 34 persons not requiring admission to a department conducted examination, a 35 fee of one hundred seventy-five dollars for each triennial registration 36 period; 37 (f) Be at least eighteen years of age; and 38 (g) Be of good moral character as determined by the department. 39 § 8. Section 8005 of the education law is REPEALED. 40 § 9. Section 8006 of the education law, as added by chapter 635 of the 41 laws of 1991 and subdivision 2 as amended by chapter 282 of the laws of 42 1992, is amended to read as follows: 43 § 8006. Special conditions. [A person shall be certified without44examination provided that, within three years of the effective date of45this article, the individual:461. files an application and pays the appropriate fees to the depart-47ment; and482. (a) is registered as a dietitian or nutritionist by a national49dietetic or national nutrition association having registration standards50acceptable to the department;51(b) meets the requirements of subparagraph one of paragraph (a) of52subdivision two and subdivision five of section eight thousand four of53this article and has been actively engaged in the provision of nutrition54care services for a minimum of three years during the five years imme-55diately preceding the effective date of this article; orS. 2231--C 7 1(c) meets all the requirements of paragraph (b) of subdivision two and2subdivision five of section eight thousand four of this article.] 1. Any 3 person who is licensed as a certified dietitian or a certified nutri- 4 tionist (CDN) on the effective date of the chapter of the laws of two 5 thousand eighteen, which amended this section, shall be licensed as a 6 licensed dietitian/nutritionist without meeting any additional require- 7 ments. 8 2. Any non-exempt person practicing the professions to be licensed 9 pursuant to this article shall apply for a license within one year of 10 the effective date of this section. 11 3. Any non-exempt person practicing the profession that meets the 12 requirements for a license, except for experience, as a licensed 13 dietitian/nutritionist as established in this article, such person shall 14 be eligible for a license as a dietitian/nutritionist until two years 15 after the effective date of this section if the applicant submits 16 evidence of having nine hundred hours of supervised experience satisfac- 17 tory to the department. 18 § 10. The education law is amended by adding four new sections 8007, 19 8008, 8009 and 8010 to read as follows: 20 § 8007. Exemptions. This article shall not be construed to affect or 21 prevent: 22 1. A licensed physician from practicing his or her profession as 23 defined under articles one hundred thirty-one and one hundred thirty- 24 one-B of this title; a registered professional nurse or a certified 25 nurse practitioner practicing his or her profession as defined under 26 article one hundred thirty-nine of this title; or qualified members of 27 other professions licensed under this title from performing work inci- 28 dental to the practice of their professions, except that such persons 29 may not hold themselves out under the title authorized by this article; 30 2. A student, intern or resident from engaging in the practice of 31 dietetics or nutrition while participating in the education or experi- 32 ence requirements defined in paragraphs (b) and (c) of subdivisions one 33 and two of section eight thousand four of this article; 34 3. Any person who does not hold himself or herself out to be licensed 35 pursuant to this article from furnishing to individuals or groups gener- 36 al non-medical nutrition information guidance, encouragement; or indi- 37 vidualized non-medical nutrition recommendations on food or dietary 38 supplements for the purpose of primary prevention or maintenance of good 39 health; or engaging in the explanation to customers about food or food 40 products in connection with the marketing and distribution of those 41 products; provided that nothing in this subdivision shall be deemed to 42 authorize the provision of medical nutrition therapy. For purposes of 43 this subdivision, "general non-medical nutrition information" and "indi- 44 vidualized non-medical nutrition recommendations" means information or 45 recommendations on the following: (a) Principles of good nutrition and 46 food preparation; (b) Food to be included in the normal daily diet; (c) 47 The essential nutrients needed by the body; (d) Recommended amounts of 48 the essential nutrients, based on established standards; (e) The actions 49 of nutrients on the body; (f) The effects of deficiencies or excesses of 50 nutrients; (g) Food and supplements that are good sources of essential 51 nutrients; or (h) Evidence based recommendations on nutrition and diet 52 to maintain good health and for the purposes of primary prevention; 53 4. A person who does not hold himself or herself out to be a licensed 54 dietitian/nutritionist or a licensed nutritionist from providing general 55 non-medical nutrition information and individualized non-medical recom-S. 2231--C 8 1 mendations as defined in subdivision three of this section if employed 2 by or operating a health weight loss or fitness program; 3 5. An individual employed by a WIC program as a "competent profes- 4 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing 5 nutrition services within such WIC program. For the purpose of this 6 subdivision the term "WIC program" shall mean a program authorized by 42 7 U.S.C. § 1786; and 8 6. A diet or nutrition technician, as defined by the commissioner, 9 authorized by the department and under the direction and supervision of 10 a licensed dietitian/nutritionist or licensed nutritionist employed in a 11 hospital, including any diagnostic center, treatment center, or hospi- 12 tal-based outpatient department, residential health care facility or 13 nursing home or any facility as defined in section twenty-eight hundred 14 one of the public health law, a home care services agency licensed or 15 certified as defined in section twenty-eight hundred five-x of the 16 public health law, a hospice program certified pursuant to article forty 17 of the public health law, or an enhanced assisted living residence as 18 defined in section forty-six hundred fifty-one of the public health law 19 and certified and licensed pursuant to article forty-six-B of the public 20 health law. Such diet or nutrition technician shall be individuals who 21 have met standards, including those relating to education, examination, 22 character, and may include standards related to experience, as promul- 23 gated in regulations by the commissioner. Such individual shall be 24 subject to full disciplinary and regulatory authority of the board of 25 regents and the state education department, pursuant to this title, as 26 if such authorization were a professional license issued under this 27 article. The application fee for such authorization shall be established 28 in regulation by the department. Each authorized diet or nutrition tech- 29 nician shall register with the department every three years and shall 30 pay a registration fee established in regulation by the department. 31 § 8008. Limited permit. 1. The department shall issue a limited permit 32 to an applicant for licensure who has met the requirements of paragraph 33 (b) of subdivision two of section eight thousand four of this article. 34 2. The duration of a limited permit shall not exceed two years from 35 the time of its first issue and the department may for good cause renew 36 a limited permit for an additional one year provided that no applicant 37 shall practice under any limited permit for more than a total of three 38 years. 39 3. All practice under a limited permit shall be under the supervision 40 of individuals licensed pursuant to this article and meet the require- 41 ments of paragraph (c) of subdivision one or paragraph (c) of subdivi- 42 sion two of section eight thousand four of this article. 43 4. The fee for each limited permit shall be seventy-five dollars. 44 § 8009. Hospital privileges. Nothing herein contained shall be deemed 45 to authorize, grant, or extend hospital privileges to individuals 46 licensed under this article. 47 § 8010. Boundaries of professional competency. 1. It shall be deemed 48 practicing outside the boundaries of his or her professional competence 49 for a person licensed pursuant to this article, in the case of treatment 50 of any serious mental illness, to provide any mental health service for 51 such illness on a continuous and sustained basis without a medical eval- 52 uation of the illness by, and consultation with, a physician regarding 53 such illness. Such medical evaluation and consultation shall be to 54 determine and advise whether any medical care is indicated for such 55 illness. For purposes of this section, "serious mental illness" means 56 schizophrenia, schizoaffective disorder, bipolar disorder, major depres-S. 2231--C 9 1 sive disorder, panic disorder, obsessive-compulsive disorder, atten- 2 tion-deficit hyperactivity disorder and autism. 3 2. Any individual whose license or authority to practice derives from 4 the provisions of this article shall be prohibited from: 5 (a) Prescribing or administering drugs as defined in this chapter as a 6 treatment, therapy, or professional service in the practice of his or 7 her profession; and 8 (b) Using invasive procedures as a treatment, therapy, or professional 9 service in the practice of his or her profession. For purposes of this 10 subdivision, "invasive procedure" means any procedure in which human 11 tissue is cut, altered, or otherwise infiltrated by mechanical or other 12 means. Invasive procedure includes surgery, lasers, ionizing radiation, 13 therapeutic ultrasound, or electroconvulsive therapy. 14 § 11. Subparagraph (i) of paragraph a of subdivision 1 of section 15 6503-a of the education law, as amended by chapter 554 of the laws of 16 2013, is amended to read as follows: 17 (i) services provided under article one hundred fifty-four, one 18 hundred fifty-seven, one hundred sixty-three or one hundred sixty-seven 19 of this title for which licensure would be required, or 20 § 12. Section 6505-b of the education law, as amended by chapter 477 21 of the laws of 2008, is amended to read as follows: 22 § 6505-b. Course work or training in infection control practices. 23 Every dentist, registered nurse, licensed practical nurse, podiatrist, 24 optometrist and dental hygienist, licensed nutritionist, and licensed 25 dietitian/nutritionist practicing in the state shall, on or before July 26 first, nineteen hundred ninety-four and every four years thereafter, 27 complete course work or training appropriate to the professional's prac- 28 tice approved by the department regarding infection control and barrier 29 precautions, including engineering and work practice controls, in 30 accordance with regulatory standards promulgated by the department, in 31 consultation with the department of health, which shall be consistent, 32 as far as appropriate, with such standards adopted by the department of 33 health pursuant to section two hundred thirty-nine of the public health 34 law to prevent the transmission of HIV, HBV or HCV in the course of 35 professional practice. Each such professional shall document to the 36 department at the time of registration commencing with the first regis- 37 tration after July first, nineteen hundred ninety-four that the profes- 38 sional has completed course work or training in accordance with this 39 section, provided, however that a professional subject to the provisions 40 of paragraph (f) of subdivision one of section twenty-eight hundred 41 five-k of the public health law shall not be required to so document. 42 The department shall provide an exemption from this requirement to 43 anyone who requests such an exemption and who (i) clearly demonstrates 44 to the department's satisfaction that there would be no need for him or 45 her to complete such course work or training because of the nature of 46 his or her practice or (ii) that he or she has completed course work or 47 training deemed by the department to be equivalent to the course work or 48 training approved by the department pursuant to this section. The 49 department shall consult with organizations representative of 50 professions, institutions and those with expertise in infection control 51 and HIV, HBV and HCV with respect to the regulatory standards promulgat- 52 ed pursuant to this section. 53 § 13. Section 6505-b of the education law, as amended by chapter 347 54 of the laws of 2017, is amended to read as follows: 55 § 6505-b. Course work or training in infection control practices. 56 Every dentist, registered nurse, licensed practical nurse, podiatrist,S. 2231--C 10 1 optometrist and dental hygienist, licensed nutritionist, and licensed 2 dietitian/nutritionist practicing in the state shall, on or before July 3 first, nineteen hundred ninety-four and every four years thereafter, 4 complete course work or training appropriate to the professional's prac- 5 tice approved by the department regarding infection control, which shall 6 include sepsis, and barrier precautions, including engineering and work 7 practice controls, in accordance with regulatory standards promulgated 8 by the department, in consultation with the department of health, which 9 shall be consistent, as far as appropriate, with such standards adopted 10 by the department of health pursuant to section two hundred thirty-nine 11 of the public health law to prevent the transmission of HIV, HBV, HCV 12 and sepsis in the course of professional practice. Each such profes- 13 sional shall document to the department at the time of registration 14 commencing with the first registration after July first, nineteen 15 hundred ninety-four that the professional has completed course work or 16 training in accordance with this section, provided, however that a 17 professional subject to the provisions of paragraph (f) of subdivision 18 one of section twenty-eight hundred five-k of the public health law 19 shall not be required to so document. The department shall provide an 20 exemption from this requirement to anyone who requests such an exemption 21 and who (i) clearly demonstrates to the department's satisfaction that 22 there would be no need for him or her to complete such course work or 23 training because of the nature of his or her practice or (ii) that he or 24 she has completed course work or training deemed by the department to be 25 equivalent to the course work or training approved by the department 26 pursuant to this section. The department shall consult with organiza- 27 tions representative of professions, institutions and those with exper- 28 tise in infection control and HIV, HBV, HCV and sepsis with respect to 29 the regulatory standards promulgated pursuant to this section. 30 § 14. Paragraph a of subdivision 3 of section 6507 of the education 31 law, as amended by chapter 554 of the laws of 2013, is amended to read 32 as follows: 33 a. Establish standards for preprofessional and professional education, 34 experience and licensing examinations as required to implement the arti- 35 cle for each profession. Notwithstanding any other provision of law, the 36 commissioner shall establish standards requiring that all persons apply- 37 ing, on or after January first, nineteen hundred ninety-one, initially, 38 or for the renewal of, a license, registration or limited permit to be a 39 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 40 trist, psychiatrist, psychologist, licensed master social worker, 41 licensed clinical social worker, licensed creative arts therapist, 42 licensed marriage and family therapist, licensed mental health counse- 43 lor, licensed psychoanalyst, dental hygienist, licensed behavior 44 analyst, [or] certified behavior analyst assistant or licensed nutri- 45 tionist or licensed dietician/nutritionist shall, in addition to all the 46 other licensure, certification or permit requirements, have completed 47 two hours of coursework or training regarding the identification and 48 reporting of child abuse and maltreatment. The coursework or training 49 shall be obtained from an institution or provider which has been 50 approved by the department to provide such coursework or training. The 51 coursework or training shall include information regarding the physical 52 and behavioral indicators of child abuse and maltreatment and the statu- 53 tory reporting requirements set out in sections four hundred thirteen 54 through four hundred twenty of the social services law, including but 55 not limited to, when and how a report must be made, what other actions 56 the reporter is mandated or authorized to take, the legal protectionsS. 2231--C 11 1 afforded reporters, and the consequences for failing to report. Such 2 coursework or training may also include information regarding the phys- 3 ical and behavioral indicators of the abuse of individuals with mental 4 retardation and other developmental disabilities and voluntary reporting 5 of abused or neglected adults to the office of mental retardation and 6 developmental disabilities or the local adult protective services unit. 7 Each applicant shall provide the department with documentation showing 8 that he or she has completed the required training. The department shall 9 provide an exemption from the child abuse and maltreatment training 10 requirements to any applicant who requests such an exemption and who 11 shows, to the department's satisfaction, that there would be no need 12 because of the nature of his or her practice for him or her to complete 13 such training; 14 § 15. Paragraph (a) of subdivision 1 of section 413 of the social 15 services law, as amended by section 2 of part Q of chapter 56 of the 16 laws of 2017, is amended to read as follows: 17 (a) The following persons and officials are required to report or 18 cause a report to be made in accordance with this title when they have 19 reasonable cause to suspect that a child coming before them in their 20 professional or official capacity is an abused or maltreated child, or 21 when they have reasonable cause to suspect that a child is an abused or 22 maltreated child where the parent, guardian, custodian or other person 23 legally responsible for such child comes before them in their profes- 24 sional or official capacity and states from personal knowledge facts, 25 conditions or circumstances which, if correct, would render the child an 26 abused or maltreated child: any physician; registered physician assist- 27 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 28 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 29 psychologist; registered nurse; social worker; emergency medical techni- 30 cian; licensed creative arts therapist; licensed marriage and family 31 therapist; licensed mental health counselor; licensed psychoanalyst; 32 licensed behavior analyst; certified behavior analyst assistant; 33 licensed nutritionist; licensed dietitian/nutritionist; hospital person- 34 nel engaged in the admission, examination, care or treatment of persons; 35 a Christian Science practitioner; school official, which includes but is 36 not limited to school teacher, school guidance counselor, school 37 psychologist, school social worker, school nurse, school administrator 38 or other school personnel required to hold a teaching or administrative 39 license or certificate; full or part-time compensated school employee 40 required to hold a temporary coaching license or professional coaching 41 certificate; social services worker; employee of a publicly-funded emer- 42 gency shelter for families with children; director of a children's over- 43 night camp, summer day camp or traveling summer day camp, as such camps 44 are defined in section thirteen hundred ninety-two of the public health 45 law; day care center worker; school-age child care worker; provider of 46 family or group family day care; employee or volunteer in a residential 47 care facility for children that is licensed, certified or operated by 48 the office of children and family services; or any other child care or 49 foster care worker; mental health professional; substance abuse counse- 50 lor; alcoholism counselor; all persons credentialed by the office of 51 alcoholism and substance abuse services; peace officer; police officer; 52 district attorney or assistant district attorney; investigator employed 53 in the office of a district attorney; or other law enforcement official. 54 § 16. Subdivision 5-a of section 488 of the social services law, as 55 amended by chapter 205 of the laws of 2014, is amended to read as 56 follows:S. 2231--C 12 1 5-a. "Human services professional" shall mean any: physician; regis- 2 tered physician assistant; surgeon; medical examiner; coroner; dentist; 3 dental hygienist; osteopath; optometrist; chiropractor; podiatrist; 4 resident; intern; psychologist; registered nurse; licensed practical 5 nurse; nurse practitioner; social worker; emergency medical technician; 6 licensed creative arts therapist; licensed marriage and family thera- 7 pist; licensed mental health counselor; licensed psychoanalyst; licensed 8 behavior analyst; certified behavior analyst assistant; licensed 9 speech/language pathologist or audiologist; licensed physical therapist; 10 licensed occupational therapist; licensed nutritionist; licensed 11 dietitian/nutritionist; hospital personnel engaged in the admission, 12 examination, care or treatment of persons; Christian Science practition- 13 er; school official, which includes but is not limited to school teach- 14 er, school guidance counselor, school psychologist, school social work- 15 er, school nurse, school administrator or other school personnel 16 required to hold a teaching or administrative license or certificate; 17 full or part-time compensated school employee required to hold a tempo- 18 rary coaching license or professional coaching certificate; social 19 services worker; any other child care or foster care worker; mental 20 health professional; person credentialed by the office of alcoholism and 21 substance abuse services; peace officer; police officer; district attor- 22 ney or assistant district attorney; investigator employed in the office 23 of a district attorney; or other law enforcement official. 24 § 17. This act shall take effect one year after it shall have become a 25 law; provided however, that: 26 1. effective immediately, the addition, amendment and/or repeal of any 27 rule or regulation necessary for the implementation of this act on its 28 effective date are authorized and directed to be made and completed by 29 the department of education on or before such effective date; and 30 2. provided, however, that if chapter 347 of the laws of 2017 shall 31 not have taken effect on or before such date then section thirteen of 32 this act shall take effect on the same date and in the same manner as 33 such chapter of the laws of 2017, takes effect.