Bill Text: NY S05442 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for the licensure of dietitians and nutritionists; defines the practice thereof.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S05442 Detail]

Download: New_York-2019-S05442-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5442
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 1, 2019
                                       ___________
        Introduced by Sens. GAUGHRAN, LAVALLE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Higher Education
        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
    17  providing  for the licensure and regulation of the activities of persons
    18  engaged in the practice of dietetics and nutrition.
    19    § 2. Section 8000 of the education law, as added by chapter 635 of the
    20  laws of 1991, is amended to read as follows:
    21    § 8000. Introduction.  This article applies to the use of  the  titles
    22  ["certified  dietitian"  and  "certified nutritionist"] "licensed nutri-
    23  tionist" or "LN" and "licensed dietitian/nutritionist" or "LDN" and  the
    24  practice  of  dietetics  and  nutrition.   The general provision for all
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11273-01-9
        S. 5442                             2
     1  professions contained in article one hundred thirty of this title  shall
     2  apply to this article.
     3    § 3. Section 8001 of the education law, as added by chapter 635 of the
     4  laws of 1991, is amended to read as follows:
     5    § 8001. [Definitions]  Dietetic and nutrition practice.  [1. Dietetics
     6  and nutrition are herein each defined as  the integration  and  applica-
     7  tion of principles derived from the sciences of nutrition, biochemistry,
     8  physiology,  food  management  and  behavioral  and  social  sciences to
     9  achieve and maintain people's health.
    10    2. Where the title "certified dietitian" or  "certified  nutritionist"
    11  is  used in this article it shall mean "certified dietitian", "certified
    12  dietician", or "certified nutritionist".
    13    3. A certified dietitian or certified nutritionist is one who  engages
    14  in  the  integration  and  application  of  principles  derived from the
    15  sciences of nutrition, biochemistry,  physiology,  food  management  and
    16  behavioral  and social sciences to achieve and maintain people's health,
    17  and who is certified as such by the department pursuant to section eight
    18  thousand four of this article.   The primary  function  of  a  certified
    19  dietitian  or  certified nutritionist is the provision of nutrition care
    20  services that shall include:
    21    (a) Assessing nutrition needs and food patterns;
    22    (b) Planning for and directing the provision of food  appropriate  for
    23  physical and nutrition needs; and
    24    (c) Providing nutrition counseling.]
    25    1.  Dietetic  and  nutrition  practice  is  the application of medical
    26  nutrition therapy and elements of nutrition care, which includes  nutri-
    27  tion  assessment,  nutrition  diagnosis, diet or nutrition intervention,
    28  counseling, evaluation and monitoring for the prevention or treatment of
    29  nutrition related illnesses, nourishment and malnourishment.
    30    2. A licensed nutritionist and licensed  dietitian/nutritionist  shall
    31  have the authority, as necessary, and limited to the practice of dietet-
    32  ics and nutrition, to order diagnostic tests and devices, and laboratory
    33  tests, as established by the board in accordance with the commissioner's
    34  regulations.
    35    3.  A  licensed  nutritionist  and licensed dietitian/nutritionist may
    36  order, write, review, evaluate, monitor  and  manage  therapeutic  diets
    37  including enteral and parenteral diets.
    38    §  4.  The  education law is amended by adding a new section 8001-a to
    39  read as follows:
    40    § 8001-a. Definitions. For  purposes  of  this  article:  1.  "Medical
    41  nutrition  therapy"  is  an evidence based application of nutrition care
    42  focused on prevention, delay or management of diseases  and  conditions,
    43  and involves an in-depth assessment, intervention and periodic reassess-
    44  ment.
    45    2.  "Nutrition  diagnosis"  in  the context of dietetics and nutrition
    46  practice means the identification and  labeling  of  existing  nutrition
    47  problems  expressed  in terms of etiology, signs and symptoms. Nutrition
    48  diagnosis is distinct from a medical diagnosis.  Nothing in this section
    49  shall    authorize    a    licensed     nutritionist     or     licensed
    50  dietitian/nutritionist to make a medical diagnosis.
    51    3.  "Nutrition  assessment" means the systematic process of obtaining,
    52  verifying, and interpreting biochemical,  anthropometric,  nutrigenomic,
    53  physical  and  dietary  data in order to make decisions about the nature
    54  and cause of nutrition related problems.  The mere collection  of  these
    55  data for use in a nutrition assessment is not a nutrition assessment and
        S. 5442                             3
     1  does  not  require  a license in dietetics and nutrition as set forth in
     2  this article.
     3    4.  "Nutrition intervention" is a purposefully planned action, includ-
     4  ing, but not limited to, the recommendation  or  ordering  of  food  and
     5  nutrition  supplements  designed  to positively change nutrition related
     6  behavior, risk factor, environmental  condition  or  aspects  of  health
     7  status for individuals, groups, or the community.
     8    § 5. Section 8002 of the education law, as added by chapter 635 of the
     9  laws of 1991, is amended to read as follows:
    10    § 8002. [Use]    Practice  and authorization of titles.  Only a person
    11  [certified] licensed or otherwise authorized under  this  article  shall
    12  [be  authorized  to]  practice  dietetics and nutrition or use the title
    13  ["certified dietitian", "certified dietician", or "certified  nutrition-
    14  ist"]     "licensed     nutritionist"     or     "LN"    or    "licensed
    15  dietitian/nutritionist" or "LDN"; provided,  however,  that  nothing  in
    16  this  article  shall prevent an individual from using any title obtained
    17  from a national credentialing body.
    18    § 6. Section 8003 of the education law, as amended by chapter  282  of
    19  the laws of 1992, is amended to read as follows:
    20    § 8003. State  board  for  dietetics and nutrition.  A state board for
    21  dietetics and nutrition shall be appointed by the board of  regents,  on
    22  recommendation  of  the  commissioner,  for the purpose of assisting the
    23  board of regents and the department on matters of [certification] licen-
    24  sure, practice and  professional  conduct  in  accordance  with  section
    25  sixty-five hundred eight of this [chapter] title.
    26    The  board  shall  consist of not less than [thirteen] eleven members,
    27  [ten] four of whom shall be [certified dietitians  or  certified  nutri-
    28  tionists,  except that the members of the first board need not be certi-
    29  fied  but shall be persons who are eligible for certification under  the
    30  provisions  of  this  article  prior  to their appointment to the board]
    31  licensed dietitian/nutritionists and four  of  whom  shall  be  licensed
    32  nutritionists pursuant to this article.  The [first] board, with respect
    33  to  members  representing  the  profession, shall consist of [five] four
    34  members [registered] credentialed by  a  national  dietetic  association
    35  having  [registration] credentialing standards acceptable to the depart-
    36  ment and [five] four members who are [members of or registered]  creden-
    37  tialed  by  a national nutritional association having [membership and/or
    38  registration] credentialing  standards  acceptable  to  the  department;
    39  provided,  however,  that  no  such  credentialed  member  shall be also
    40  credentialed by a national nutrition association, nor a national dietet-
    41  ic association, respectively. [Thereafter,  members  of  the  profession
    42  appointed to such board shall be certified pursuant to this article.  To
    43  the  extent  reasonable,  the  board  of regents should insure the state
    44  board is broadly representative of various professional interests within
    45  the dietetic and nutritional community.    Three  members]  Two  members
    46  shall be representatives of the general public and one member shall be a
    47  physician  licensed  under article one hundred thirty-one of this title.
    48  Such physician member shall not be a member  of  or  credentialed  by  a
    49  national dietetic or national nutrition association. An executive secre-
    50  tary  to  the  board  shall  be appointed by the board of regents on the
    51  recommendation of the commissioner.
    52    § 7. Section 8004 of the education law is REPEALED and a  new  section
    53  8004 is added to read as follows:
    54    §  8004.  Requirements  for  professional license. 1. To qualify for a
    55  license as a licensed  nutritionist,  an  applicant  shall  fulfill  the
    56  following requirements:
        S. 5442                             4
     1    (a) File an application with the department;
     2    (b) Education:
     3    (1)  Have  received  a  master's  or doctoral degree in nutrition or a
     4  nutrition-related science from a program registered by the department or
     5  determined by the  department  to  be  the  substantial  equivalent,  in
     6  accordance  with  the  commissioner's  regulations;  or  a  master's  or
     7  doctoral degree in a healthcare field from a program registered  by  the
     8  department  or determined by the department to be the substantial equiv-
     9  alent, in accordance with the commissioner's regulations; and
    10    (2) Have completed coursework covering content areas including but not
    11  limited to:
    12    (i) Biochemistry;
    13    (ii) Metabolism in health and disease;
    14    (iii) Anatomy and physiology;
    15    (iv) Clinical and life sciences;
    16    (v) Human nutrition, across the life cycle in health and disease;
    17    (vi) Nutrition assessment and evaluation;
    18    (vii) Medical nutrition therapy, planning and implementation;
    19    (viii) Food content, safety and quality; and
    20    (ix)Professional orientation and ethics.
    21    (c) Experience:
    22    (1) Complete a minimum of one thousand hours of supervised  experience
    23  relevant  to  the  practice  of  dietetics  and  nutrition in a planned,
    24  continuous experience satisfactory to the department and  in  accordance
    25  with the commissioner's regulations.  A practicum completed as part of a
    26  graduate level program shall be considered supervised experience for the
    27  purposes  of  this paragraph in accordance with the commissioner's regu-
    28  lations.
    29    (2) Supervised experience shall be under the supervision of  an  indi-
    30  vidual with experience in the practice of dietetics and nutrition who is
    31  licensed  under  this  article  or is a licensed healthcare professional
    32  under this title, satisfactory to the department and in accordance  with
    33  the  commissioner's  regulations. Satisfactory experience obtained in an
    34  entity operating under a waiver issued by  the  department  pursuant  to
    35  section  sixty-five hundred three-a of this title may be accepted by the
    36  department notwithstanding that such experience may have  been  obtained
    37  prior  to  the effective date of such section sixty-five hundred three-a
    38  of this title and/or prior to the entity having obtained a  waiver.  The
    39  department  may,  for  good  cause shown, accept satisfactory experience
    40  that was obtained in a setting that would have been eligible for a waiv-
    41  er but which has not obtained a waiver from the department or experience
    42  that was obtained in good faith by the applicant under the  belief  that
    43  appropriate authorization had been obtained for the experience, provided
    44  that such experience meets all other requirements for acceptable experi-
    45  ence.
    46    (3)  Experience  obtained  prior to the effective date of this section
    47  shall have been supervised by a certified dietitian/nutritionist  or  by
    48  an  individual  credentialed  by  or  recognized  as  a  supervisor by a
    49  national dietetic credentialing  organization  or  national  nutritional
    50  credentialing  organization.  Such  national credentialing organizations
    51  must be accredited by the national commission for  certifying  agencies,
    52  and  approved  by  the  department  as  having  credentialing  standards
    53  substantially equivalent to standards set forth for  licensure  pursuant
    54  to this article.
        S. 5442                             5
     1    (4)  Experience  shall  be  relevant  to the practice of dietetics and
     2  nutrition under varying conditions of health and disease, social,  phys-
     3  ical, psychological and economic status.
     4    (d)  Examination: Pass an examination satisfactory to the board and in
     5  accordance with the commissioner's regulations; provided that such exam-
     6  ination shall test a level of knowledge  and  experience  equivalent  to
     7  that  obtained  by an individual satisfactorily meeting the requirements
     8  of paragraphs (b) and (c) of this subdivision;
     9    (e) Pay a fee of one hundred seventy-five dollars  to  the  department
    10  for  admission  to  a  department  conducted  examination and/or initial
    11  certification, a fee of eighty-five dollars for  each  reexamination,  a
    12  fee  of  one  hundred  fifteen  dollars for an initial certification for
    13  persons not requiring admission to a department conducted examination, a
    14  fee of one hundred seventy-five dollars for each triennial  registration
    15  period;
    16    (f) Be at least eighteen years of age; and
    17    (g) Be of good moral character as determined by the department.
    18    2.  To  qualify for a license as a licensed dietitian/nutritionist, an
    19  applicant shall fulfill the following requirements:
    20    (a) File an application with the department;
    21    (b) Education: Have received  an  education,  including  a  bachelor's
    22  degree  or  higher  in dietetics and nutrition from a program registered
    23  with the department, or determined by the department to be the  substan-
    24  tial  equivalent thereof, in accordance with commissioner's regulations;
    25  or post graduate completion of a graduate coursework  in  dietetics  and
    26  nutrition  from  a program registered by the department or determined by
    27  the department to be the substantial equivalent thereof,  in  accordance
    28  with  the  commissioner's  regulations.  The coursework in dietetics and
    29  nutrition shall include but not be limited to the following areas:
    30    (1) Physical and life sciences, including organic chemistry,  biochem-
    31  istry,  physiology,  genetics,  microbiology,  pharmacology, statistics,
    32  nutrient metabolism and nutrition across the lifespan;
    33    (2) Human behavior and diversity, such as psychology or sociology  and
    34  counseling methods;
    35    (3) Professional practice and ethics;
    36    (4)  Nutrition  care  including  Medical  Nutrition Therapy, nutrition
    37  diagnosis and enteral and parenteral nutrition;
    38    (5) Role of environment, food,  nutrition  and  lifestyle  choices  in
    39  health promotion and disease prevention; and
    40    (6)  Principles of food science and food preparation, and food systems
    41  management.
    42    (c) Experience:
    43    (1) Complete a minimum of one thousand hours of supervised  experience
    44  relevant  to  the  practice  of  dietetics  and  nutrition in a planned,
    45  continuous, experience program satisfactory to  the  department  and  in
    46  accordance with the commissioner's regulations. A practicum completed as
    47  part  of  an education program shall be considered supervised experience
    48  for purposes of this paragraph in  accordance  with  the  commissioner's
    49  regulations.
    50    (2) Supervised experience shall be under the supervision of a licensed
    51  dietitian/nutritionist licensed under this article. Satisfactory experi-
    52  ence  obtained  in  an  entity  operating  under  a waiver issued by the
    53  department pursuant to section sixty-five hundred three-a of this  title
    54  may  be  accepted by the department notwithstanding that such experience
    55  may have been obtained prior to  the  effective  date  of  such  section
    56  sixty-five  hundred  three-a  of  this  title and/or prior to the entity
        S. 5442                             6
     1  having obtained a waiver. The department  may,  for  good  cause  shown,
     2  accept satisfactory experience that was obtained in a setting that would
     3  have been eligible for a waiver but which has not obtained a waiver from
     4  the  department  or  experience  that  was obtained in good faith by the
     5  applicant under the  belief  that  appropriate  authorization  had  been
     6  obtained  for  the  experience,  provided that such experience meets all
     7  other requirements for acceptable experience.
     8    (3) Experience obtained prior to the effective date  of  this  section
     9  shall  have  been supervised by a certified dietitian/nutritionist or by
    10  an individual credentialed  by  or  recognized  as  a  supervisor  by  a
    11  national  dietetic  credentialing  organization  or national nutritional
    12  credentialing organization. Such  national  credentialing  organizations
    13  must  be  accredited by the national commission for certifying agencies,
    14  and  approved  by  the  department  as  having  credentialing  standards
    15  substantially  equivalent  to standards set forth for licensure pursuant
    16  to this article.
    17    (4) Experience shall be relevant to  the  practice  of  dietetics  and
    18  nutrition  under varying conditions of health and disease, social, phys-
    19  ical, psychological and economic status.
    20    (d) Examination: Pass an examination satisfactory to the board and  in
    21  accordance with the commissioner's regulations; provided that such exam-
    22  ination  shall  test  a  level of knowledge and experience equivalent to
    23  that obtained by an individual satisfactorily meeting  the  requirements
    24  of paragraphs (b) and (c) of this subdivision;
    25    (e)  Pay  a  fee of one hundred seventy-five dollars to the department
    26  for admission to  a  department  conducted  examination  and/or  initial
    27  certification,  a  fee  of eighty-five dollars for each reexamination, a
    28  fee of one hundred fifteen dollars  for  an  initial  certification  for
    29  persons not requiring admission to a department conducted examination, a
    30  fee  of one hundred seventy-five dollars for each triennial registration
    31  period;
    32    (f) Be at least eighteen years of age; and
    33    (g) Be of good moral character as determined by the department.
    34    § 8. Section 8005 of the education law is REPEALED.
    35    § 9. Section 8006 of the education law, as added by chapter 635 of the
    36  laws of 1991 and subdivision 2 as amended by chapter 282 of the laws  of
    37  1992, is amended to read as follows:
    38    §  8006.  Special  conditions.    [A person shall be certified without
    39  examination provided that, within three years of the effective  date  of
    40  this article, the individual:
    41    1.  files  an application and pays the appropriate fees to the depart-
    42  ment; and
    43    2.  (a) is registered as a dietitian or  nutritionist  by  a  national
    44  dietetic or national nutrition association having registration standards
    45  acceptable to the department;
    46    (b)  meets  the  requirements  of subparagraph one of paragraph (a) of
    47  subdivision two and subdivision five of section eight thousand  four  of
    48  this article and has been actively engaged in the provision of nutrition
    49  care  services  for a minimum of three years during the five years imme-
    50  diately preceding the effective date of this article; or
    51    (c) meets all the requirements of paragraph (b) of subdivision two and
    52  subdivision five of section eight thousand four of this article.]
    53    1. Any person who is licensed as a certified dietitian or a  certified
    54  nutritionist  (CDN)  on the effective date of the chapter of the laws of
    55  two thousand eighteen, which amended this section, shall be licensed  as
        S. 5442                             7
     1  a   licensed   dietitian/nutritionist  without  meeting  any  additional
     2  requirements.
     3    2.  Any  non-exempt  person  practicing the professions to be licensed
     4  pursuant to this article shall apply for a license within  one  year  of
     5  the effective date of this section.
     6    3.  Any  non-exempt  person  practicing  the profession that meets the
     7  requirements for  a  license,  except  for  experience,  as  a  licensed
     8  dietitian/nutritionist as established in this article, such person shall
     9  be  eligible  for  a license as a dietitian/nutritionist until two years
    10  after the effective date  of  this  section  if  the  applicant  submits
    11  evidence of having nine hundred hours of supervised experience satisfac-
    12  tory to the department.
    13    §  10.  The education law is amended by adding four new sections 8007,
    14  8008, 8009 and 8010 to read as follows:
    15    § 8007. Exemptions.  This article shall not be construed to affect  or
    16  prevent:
    17    1.  A  licensed  physician  from  practicing  his or her profession as
    18  defined under articles one hundred thirty-one and  one  hundred  thirty-
    19  one-B  of  this  title;  a  registered professional nurse or a certified
    20  nurse practitioner practicing his or her  profession  as  defined  under
    21  article  one  hundred thirty-nine of this title; or qualified members of
    22  other professions licensed under this title from performing  work  inci-
    23  dental  to  the  practice of their professions, except that such persons
    24  may not hold themselves out under the title authorized by this article;
    25    2. A student, intern or resident from  engaging  in  the  practice  of
    26  dietetics  or  nutrition while participating in the education or experi-
    27  ence requirements defined in paragraphs (b) and (c) of subdivisions  one
    28  and two of section eight thousand four of this article;
    29    3.  Any person who does not hold himself or herself out to be licensed
    30  pursuant to this article from furnishing to individuals or groups gener-
    31  al non-medical nutrition information guidance, encouragement;  or  indi-
    32  vidualized  non-medical  nutrition  recommendations  on  food or dietary
    33  supplements for the purpose of primary prevention or maintenance of good
    34  health; or engaging in the explanation to customers about food  or  food
    35  products  in  connection  with  the  marketing and distribution of those
    36  products; provided that nothing in this subdivision shall be  deemed  to
    37  authorize  the  provision of medical nutrition therapy.  For purposes of
    38  this subdivision, "general non-medical nutrition information" and "indi-
    39  vidualized non-medical nutrition recommendations" means  information  or
    40  recommendations  on  the following: (a) Principles of good nutrition and
    41  food preparation; (b) Food to be included in the normal daily diet;  (c)
    42  The  essential  nutrients needed by the body; (d) Recommended amounts of
    43  the essential nutrients, based on established standards; (e) The actions
    44  of nutrients on the body; (f) The effects of deficiencies or excesses of
    45  nutrients; (g) Food and supplements that are good sources  of  essential
    46  nutrients;  or  (h) Evidence based recommendations on nutrition and diet
    47  to maintain good health and for the purposes of primary prevention;
    48    4. A person who does not hold himself or herself out to be a  licensed
    49  dietitian/nutritionist or a licensed nutritionist from providing general
    50  non-medical  nutrition information and individualized non-medical recom-
    51  mendations as defined in subdivision three of this section  if  employed
    52  by or operating a health weight loss or fitness program;
    53    5.  An  individual  employed  by a WIC program as a "competent profes-
    54  sional authority" as defined in 7 C.F.R § 246.2  (1895)  from  providing
    55  nutrition  services  within  such  WIC  program. For the purpose of this
        S. 5442                             8
     1  subdivision the term "WIC program" shall mean a program authorized by 42
     2  U.S.C. § 1786; and
     3    6.  A  diet  or  nutrition technician, as defined by the commissioner,
     4  authorized by the department and under the direction and supervision  of
     5  a licensed dietitian/nutritionist or licensed nutritionist employed in a
     6  hospital,  including  any diagnostic center, treatment center, or hospi-
     7  tal-based outpatient department, residential  health  care  facility  or
     8  nursing  home or any facility as defined in section twenty-eight hundred
     9  one of the public health law, a home care services  agency  licensed  or
    10  certified  as  defined  in  section  twenty-eight  hundred five-x of the
    11  public health law, a hospice program certified pursuant to article forty
    12  of the public health law, or an enhanced assisted  living  residence  as
    13  defined  in section forty-six hundred fifty-one of the public health law
    14  and certified and licensed pursuant to article forty-six-B of the public
    15  health law.  Such diet or nutrition technician shall be individuals  who
    16  have  met standards, including those relating to education, examination,
    17  character, and may include standards related to experience,  as  promul-
    18  gated  in  regulations  by  the  commissioner.  Such individual shall be
    19  subject to full disciplinary and regulatory authority of  the  board  of
    20  regents  and  the state education department, pursuant to this title, as
    21  if such authorization were a  professional  license  issued  under  this
    22  article. The application fee for such authorization shall be established
    23  in regulation by the department. Each authorized diet or nutrition tech-
    24  nician  shall  register  with the department every three years and shall
    25  pay a registration fee established in regulation by the department.
    26    § 8008. Limited permit. 1. The department shall issue a limited permit
    27  to an applicant for licensure who has met the requirements of  paragraph
    28  (b) of subdivision two of section eight thousand four of this article.
    29    2.  The  duration  of a limited permit shall not exceed two years from
    30  the time of its first issue and the department may for good cause  renew
    31  a  limited  permit for an additional one year provided that no applicant
    32  shall practice under any limited permit for more than a total  of  three
    33  years.
    34    3.  All practice under a limited permit shall be under the supervision
    35  of individuals licensed pursuant to this article and meet  the  require-
    36  ments  of  paragraph (c) of subdivision one or paragraph (c) of subdivi-
    37  sion two of section eight thousand four of this article.
    38    4. The fee for each limited permit shall be seventy-five dollars.
    39    § 8009. Hospital privileges. Nothing herein contained shall be  deemed
    40  to  authorize,  grant,  or  extend  hospital  privileges  to individuals
    41  licensed under this article.
    42    § 8010. Boundaries of professional competency. 1. It shall  be  deemed
    43  practicing  outside the boundaries of his or her professional competence
    44  for a person licensed pursuant to this article, in the case of treatment
    45  of any serious mental illness, to provide any mental health service  for
    46  such illness on a continuous and sustained basis without a medical eval-
    47  uation  of  the illness by, and consultation with, a physician regarding
    48  such illness. Such medical  evaluation  and  consultation  shall  be  to
    49  determine  and  advise  whether  any  medical care is indicated for such
    50  illness. For purposes of this section, "serious  mental  illness"  means
    51  schizophrenia, schizoaffective disorder, bipolar disorder, major depres-
    52  sive  disorder,  panic  disorder,  obsessive-compulsive disorder, atten-
    53  tion-deficit hyperactivity disorder and autism.
    54    2. Any individual whose license or authority to practice derives  from
    55  the provisions of this article shall be prohibited from:
        S. 5442                             9
     1    (a) Prescribing or administering drugs as defined in this chapter as a
     2  treatment,  therapy,  or  professional service in the practice of his or
     3  her profession; and
     4    (b) Using invasive procedures as a treatment, therapy, or professional
     5  service  in  the practice of his or her profession. For purposes of this
     6  subdivision, "invasive procedure" means any  procedure  in  which  human
     7  tissue  is cut, altered, or otherwise infiltrated by mechanical or other
     8  means. Invasive procedure includes surgery, lasers, ionizing  radiation,
     9  therapeutic ultrasound, or electroconvulsive therapy.
    10    §  11.  Subparagraph  (i)  of  paragraph a of subdivision 1 of section
    11  6503-a of the education law, as amended by chapter 554 of  the  laws  of
    12  2013, is amended to read as follows:
    13    (i)  services  provided  under  article  one  hundred  fifty-four, one
    14  hundred fifty-seven, one hundred sixty-three or one hundred  sixty-seven
    15  of this title for which licensure would be required, or
    16    § 12. Section 6505-b of the education law, as amended by chapter 10 of
    17  the laws of 2018, is amended to read as follows:
    18    § 6505-b. Course  work  or  training  in  infection control practices.
    19  Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
    20  optometrist  and  dental  hygienist, licensed nutritionist, and licensed
    21  dietitian/nutritionist practicing in the state shall, on or before  July
    22  first,  nineteen  hundred  ninety-four  and every four years thereafter,
    23  complete course work or training appropriate to the professional's prac-
    24  tice approved by the department regarding infection control, which shall
    25  include sepsis, and barrier precautions, including engineering and  work
    26  practice  controls,  in accordance with regulatory standards promulgated
    27  by the department, in consultation with the department of health,  which
    28  shall  be consistent, as far as appropriate, with such standards adopted
    29  by the department of health pursuant to section two hundred  thirty-nine
    30  of  the  public  health law to prevent the transmission of HIV, HBV, HCV
    31  and infections that could lead to sepsis in the course  of  professional
    32  practice. Each such professional shall document to the department at the
    33  time  of  registration commencing with the first registration after July
    34  first, nineteen hundred ninety-four that the professional has  completed
    35  course  work  or  training  in  accordance  with this section, provided,
    36  however that a professional subject to the provisions of  paragraph  (f)
    37  of  subdivision one of section twenty-eight hundred five-k of the public
    38  health law shall not be required to so document.  The  department  shall
    39  provide  an  exemption from this requirement to anyone who requests such
    40  an exemption and who (i) clearly demonstrates to the department's satis-
    41  faction that there would be no need for him  or  her  to  complete  such
    42  course  work or training because of the nature of his or her practice or
    43  (ii) that he or she has completed course work or training deemed by  the
    44  department  to  be equivalent to the course work or training approved by
    45  the department pursuant to this section. The  department  shall  consult
    46  with organizations representative of professions, institutions and those
    47  with  expertise  in  infection  control and HIV, HBV, HCV and infections
    48  that could lead to sepsis  with  respect  to  the  regulatory  standards
    49  promulgated pursuant to this section.
    50    §  13.  Paragraph  a of subdivision 3 of section 6507 of the education
    51  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    52  as follows:
    53    a. Establish standards for preprofessional and professional education,
    54  experience and licensing examinations as required to implement the arti-
    55  cle for each profession. Notwithstanding any other provision of law, the
    56  commissioner shall establish standards requiring that all persons apply-
        S. 5442                            10
     1  ing,  on or after January first, nineteen hundred ninety-one, initially,
     2  or for the renewal of, a license, registration or limited permit to be a
     3  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
     4  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
     5  licensed clinical  social  worker,  licensed  creative  arts  therapist,
     6  licensed  marriage  and family therapist, licensed mental health counse-
     7  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
     8  analyst,  [or]  certified  behavior analyst assistant or licensed nutri-
     9  tionist or licensed dietician/nutritionist shall, in addition to all the
    10  other licensure, certification or permit  requirements,  have  completed
    11  two  hours  of  coursework  or training regarding the identification and
    12  reporting of child abuse and maltreatment. The  coursework  or  training
    13  shall  be  obtained  from  an  institution  or  provider  which has been
    14  approved by the department to provide such coursework or  training.  The
    15  coursework  or training shall include information regarding the physical
    16  and behavioral indicators of child abuse and maltreatment and the statu-
    17  tory reporting requirements set out in sections  four  hundred  thirteen
    18  through  four  hundred  twenty of the social services law, including but
    19  not limited to, when and how a report must be made, what  other  actions
    20  the  reporter  is  mandated or authorized to take, the legal protections
    21  afforded reporters, and the consequences for  failing  to  report.  Such
    22  coursework  or training may also include information regarding the phys-
    23  ical and behavioral indicators of the abuse of individuals  with  mental
    24  retardation and other developmental disabilities and voluntary reporting
    25  of  abused  or  neglected adults to the office of mental retardation and
    26  developmental disabilities or the local adult protective services  unit.
    27  Each  applicant  shall provide the department with documentation showing
    28  that he or she has completed the required training. The department shall
    29  provide an exemption from the  child  abuse  and  maltreatment  training
    30  requirements  to  any  applicant  who requests such an exemption and who
    31  shows, to the department's satisfaction, that there  would  be  no  need
    32  because  of the nature of his or her practice for him or her to complete
    33  such training;
    34    § 14. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    35  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    36  laws of 2018, is amended to read as follows:
    37    (a) The following persons and officials  are  required  to  report  or
    38  cause  a  report to be made in accordance with this title when they have
    39  reasonable cause to suspect that a child coming  before  them  in  their
    40  professional  or  official capacity is an abused or maltreated child, or
    41  when they have reasonable cause to suspect that a child is an abused  or
    42  maltreated  child  where the parent, guardian, custodian or other person
    43  legally responsible for such child comes before them  in  their  profes-
    44  sional  or  official  capacity and states from personal knowledge facts,
    45  conditions or circumstances which, if correct, would render the child an
    46  abused or maltreated child: any physician; registered physician  assist-
    47  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    48  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    49  psychologist; registered nurse; social worker; emergency medical techni-
    50  cian;  licensed  creative  arts  therapist; licensed marriage and family
    51  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    52  licensed   behavior   analyst;  certified  behavior  analyst  assistant;
    53  licensed nutritionist; licensed dietitian/nutritionist; hospital person-
    54  nel engaged in the admission, examination, care or treatment of persons;
    55  a Christian Science practitioner; school official, which includes but is
    56  not  limited  to  school  teacher,  school  guidance  counselor,  school
        S. 5442                            11
     1  psychologist,  school  social worker, school nurse, school administrator
     2  or other school personnel required to hold a teaching or  administrative
     3  license  or  certificate;  full or part-time compensated school employee
     4  required  to  hold a temporary coaching license or professional coaching
     5  certificate; social services worker; employee of a publicly-funded emer-
     6  gency shelter for families with children; director of a children's over-
     7  night camp, summer day camp or traveling summer day camp, as such  camps
     8  are  defined in section thirteen hundred ninety-two of the public health
     9  law; day care center worker; school-age child care worker;  provider  of
    10  family  or group family day care; employee or volunteer in a residential
    11  care facility for children that is licensed, certified  or  operated  by
    12  the  office  of children and family services; or any other child care or
    13  foster care worker; mental health professional; substance abuse  counse-
    14  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    15  alcoholism and substance abuse services; employees, who are expected  to
    16  have  regular and substantial contact with children, of a health home or
    17  health home care management agency contracting with  a  health  home  as
    18  designated  by  the  department  of  health and authorized under section
    19  three hundred sixty-five-l of this chapter or such employees who provide
    20  home and community based services under a demonstration program pursuant
    21  to section eleven hundred fifteen of the federal social security act who
    22  are expected to have regular  and  substantial  contact  with  children;
    23  peace  officer;  police officer; district attorney or assistant district
    24  attorney; investigator employed in the office of a district attorney; or
    25  other law enforcement official.
    26    § 15. Subdivision 5-a of section 488 of the social  services  law,  as
    27  amended  by  chapter  205  of  the  laws  of 2014, is amended to read as
    28  follows:
    29    5-a. "Human services professional" shall mean any:  physician;  regis-
    30  tered  physician assistant; surgeon; medical examiner; coroner; dentist;
    31  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
    32  resident;  intern;  psychologist;  registered  nurse; licensed practical
    33  nurse; nurse practitioner; social worker; emergency medical  technician;
    34  licensed  creative  arts  therapist; licensed marriage and family thera-
    35  pist; licensed mental health counselor; licensed psychoanalyst; licensed
    36  behavior  analyst;  certified  behavior  analyst   assistant;   licensed
    37  speech/language pathologist or audiologist; licensed physical therapist;
    38  licensed   occupational   therapist;   licensed  nutritionist;  licensed
    39  dietitian/nutritionist; hospital personnel  engaged  in  the  admission,
    40  examination, care or treatment of persons; Christian Science practition-
    41  er;  school official, which includes but is not limited to school teach-
    42  er, school guidance counselor, school psychologist, school social  work-
    43  er,  school  nurse,  school  administrator  or  other  school  personnel
    44  required to hold a teaching or administrative  license  or  certificate;
    45  full  or part-time compensated school employee required to hold a tempo-
    46  rary coaching  license  or  professional  coaching  certificate;  social
    47  services  worker;  any  other  child  care or foster care worker; mental
    48  health professional; person credentialed by the office of alcoholism and
    49  substance abuse services; peace officer; police officer; district attor-
    50  ney or assistant district attorney; investigator employed in the  office
    51  of a district attorney; or other law enforcement official.
    52    § 16. This act shall take effect one year after it shall have become a
    53  law. Effective immediately, the addition, amendment and/or repeal of any
    54  rule  or  regulation necessary for the implementation of this act on its
    55  effective date are authorized to be made and completed on or before such
    56  effective date.