Bill Text: NY S02628 | 2017-2018 | General Assembly | Introduced

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Bill Title: Allows a qualified dietetic professional or qualified nutrition professional to manage the diet of a patient who is being treated in a facility by a physician for specific diseases.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HIGHER EDUCATION [S02628 Detail]

Download: New_York-2017-S02628-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2628
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by  Sens. LAVALLE, HANNON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Higher Education
        AN ACT to amend the education law, in relation to management  of  thera-
          peutic diet orders in a facility
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new  section  8007
     2  to read as follows:
     3    §  8007.  Management  of therapeutic diet orders in a facility. 1.  As
     4  used in this section, the following terms shall have the following mean-
     5  ings:
     6    (a) "Qualified dietetic professional" or "qualified nutrition  profes-
     7  sional" shall be an individual who meets the following requirements:
     8    (i)  holds  a  valid  license  and current registration as a certified
     9  dietician or certified nutritionist in accordance with this article; and
    10    (ii) has net the requirements of paragraph (a) of subdivision  two  of
    11  section  eight  thousand  four  of this article and subdivision three of
    12  section eight thousand four of this article; and
    13    (iii) holds a registration or certification from a national  registra-
    14  tion or certifying association, with standards acceptable to the depart-
    15  ment,  that  provides  education  and training in parenteral and enteral
    16  nutrition acceptable to  the  department  and  in  accordance  with  the
    17  commissioner's regulations.
    18    (b)  "Therapeutic  diet"  is a diet intervention that provides food or
    19  nutrients via oral, enteral and parenteral routes as a part of treatment
    20  of disease or clinical conditions to  modify,  eliminate,  decrease,  or
    21  increase identified micro- and macro-nutrients in the diet.
    22    (c) "Facility" shall mean a hospital, including any diagnostic center,
    23  treatment  center,  or hospital-based outpatient department, residential
    24  health care facility or nursing home  or  any  facility  as  defined  in
    25  section  twenty-eight  hundred one of the public health law, a home care
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08038-01-7
        S. 2628                             2
     1  agency as defined in section thirty-six hundred two of the public health
     2  law or other entity that provides direct patient care under the auspices
     3  of a medical director.
     4    2.  (a)  The  management of therapeutic diets performed by a qualified
     5  dietetic professional or qualified  nutrition  professional  includes  a
     6  review,  evaluation, order and management of a therapeutic diet, includ-
     7  ing the ordering of food and nutrition supplements, and  the  management
     8  of parenteral or enteral nutrition, as defined in this subdivision, to a
     9  patient  who  is being treated in a facility by a physician for specific
    10  diseases or disease states, in accordance with the policies, procedures,
    11  and protocols of the facility.
    12    (b) The management of parenteral nutrition as part  of  a  therapeutic
    13  diet  order  by a qualified dietetic professional or qualified nutrition
    14  professional may include prescribing, adjusting and managing a  diet  or
    15  nutrition  regimen  of  a patient pursuant to a patient specific written
    16  order or protocol for parenteral nutrition access made by the  patient's
    17  physician.  Implementation or adjustments shall be made after the review
    18  by  the  pharmacists  responsible  to  the  facility for the care of the
    19  patient. The physician or facility may prohibit, by written instruction,
    20  any adjustment or change in the patient's diet or nutrition  regimen  by
    21  the qualified dietetic professional or qualified nutrition professional.
    22    In the event that a treating physician or pharmacist may disagree with
    23  the  exercise of professional judgment by the qualified dietetic profes-
    24  sional or qualified nutrition professional as it relates to the  manage-
    25  ment  of parenteral nutrition, the judgment of the treating physician or
    26  pharmacist shall prevail.
    27    (c) The management of enteral nutrition as part of a therapeutic  diet
    28  order  by  a  qualified  dietetic  professional  or  qualified nutrition
    29  professional may include adjusting and  managing  a  diet  or  nutrition
    30  regimen  of  a  patient  pursuant to a patient specific written order or
    31  protocol for enteral nutrition access made by the  patient's  physician.
    32  The  physician  or  facility  may  prohibit, by written instruction, any
    33  adjustment or change in the patient's diet or nutrition regimen  by  the
    34  qualified dietetic professional or qualified nutrition professional.
    35    In  the event that a treating physician may disagree with the exercise
    36  of professional judgment by the qualified dietetic professional or qual-
    37  ified nutrition professional as it relates to the management of  enteral
    38  nutrition, the judgment of the treating physician shall prevail.
    39    (d)  A  qualified dietetic professional or qualified nutrition profes-
    40  sional may evaluate and, only if specifically authorized  by  the  poli-
    41  cies,  procedures,  or  protocol  of the facility and only to the extent
    42  necessary to discharge the responsibilities set forth in  this  section,
    43  order clinical laboratory tests related to the management of a therapeu-
    44  tic  diet  order  for  the specific diseases or disease states specified
    45  within the written order or  protocol,  and  order  or  perform  routine
    46  patient  monitoring  functions as may be necessary for the management of
    47  parenteral and enteral nutrition.
    48    3. Nothing herein shall authorize a qualified dietetic professional or
    49  qualified nutrition professional to establish or modify a medical  diag-
    50  nosis.
    51    4.  The authorization of any qualified dietetic professional or quali-
    52  fied nutrition professional to engage in the management of a therapeutic
    53  diet order, including the management of parenteral  and  enteral  nutri-
    54  tion, shall be at the discretion of the facility.
    55    5.  Nothing  herein  contained shall be deemed to authorize, grant, or
    56  extend hospital privileges to individuals certified under this article.
        S. 2628                             3
     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law; provided, however, that effective immediate-
     3  ly the department of education may promulgate  any  rule  or  regulation
     4  necessary  for  the  timely  implementation of this act on its effective
     5  date.