Bill Text: NY S09653 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO HIGHER EDUCATION [S09653 Detail]

Download: New_York-2023-S09653-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9653

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by Sen. STAVISKY -- 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 dietitian nutritionists and nutrition-
          ists; and to repeal 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. Section 8000 of the education law, as added by chapter  635
     2  of the laws of 1991, is amended to read as follows:
     3    § 8000. Introduction.   This article applies to the [use of the titles
     4  "certified dietitian" and "certified nutritionist"] licensing of  dieti-
     5  tian  nutritionists  and nutritionists. A "licensed dietitian nutrition-
     6  ist" shall mean a person duly licensed under this article as meeting the
     7  requirements of subdivision two of section eight thousand four  of  this
     8  article to practice dietetics and nutrition, which includes the practice
     9  of  medical  nutrition  therapy.  A "licensed nutritionist" shall mean a
    10  person duly licensed under this article as meeting the  requirements  of
    11  subdivision  one of section eight thousand four of this article to prac-
    12  tice  nutrition,  which  includes  the  practice  of  medical  nutrition
    13  therapy.  The general provision for all professions contained in article
    14  one hundred thirty of this title shall apply to this article.
    15    § 2. Section 8001 of the education law, as added by chapter 635 of the
    16  laws of 1991, is amended to read as follows:
    17    § 8001. [Definitions] Dietetic and nutrition practice.  [1.  Dietetics
    18  and  nutrition  are herein each defined as  the integration and applica-
    19  tion of principles derived from the sciences of nutrition, biochemistry,
    20  physiology, food  management  and  behavioral  and  social  sciences  to
    21  achieve and maintain people's health.
    22    2.  Where  the title "certified dietitian" or "certified nutritionist"
    23  is used in this article it shall mean "certified dietitian",  "certified
    24  dietician", or "certified nutritionist".
    25    3.  A certified dietitian or certified nutritionist is one who engages
    26  in the integration  and  application  of  principles  derived  from  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15632-01-4
        S. 9653                             2

     1  sciences  of  nutrition,  biochemistry,  physiology, food management and
     2  behavioral and social sciences to achieve and maintain people's  health,
     3  and who is certified as such by the department pursuant to section eight
     4  thousand  four  of  this  article.   The primary function of a certified
     5  dietitian or certified nutritionist is the provision of  nutrition  care
     6  services that shall include:
     7    (a) Assessing nutrition needs and food patterns;
     8    (b)  Planning  for and directing the provision of food appropriate for
     9  physical and nutrition needs; and
    10    (c) Providing nutrition counseling.]  1.  The  practice  of  dietetics
    11  encompasses  the  practice  of nutrition and includes providing advanced
    12  medical nutrition therapy and related support activities  including  the
    13  development and ordering of therapeutic diets via enteral and parenteral
    14  routes;  conducting  swallow screens; placing nasogastric or nasoenteric
    15  feeding tubes; implementing prescription  drug  dose  adjustments  under
    16  medical staff or prescriber-approved disease treatment protocols; order-
    17  ing  or discontinuing use of vitamin, mineral, and other dietary supple-
    18  ments; and developing and  managing  food  service  operations  for  the
    19  management or treatment of disease or medical conditions.
    20    2.  The practice of nutrition involves the provision of nutrition care
    21  services in-person or via telehealth, including medical nutrition thera-
    22  py, to prevent, manage, or treat  diseases  or  medical  conditions  and
    23  promote  wellness.  The practice of nutrition shall include the ordering
    24  of patient diets, including oral  therapeutic  diets;  the  ordering  of
    25  medical  laboratory tests related to nutritional therapeutic treatments;
    26  and the provision of recommendations  on  vitamin,  mineral,  and  other
    27  dietary supplements.
    28    § 3. Section 8002 of the education law, as added by chapter 635 of the
    29  laws of 1991, is amended to read as follows:
    30    § 8002. Use  of  titles.  [Only  a] 1. No person [certified under this
    31  article shall be authorized to  use  the  title  "certified  dietitian",
    32  "certified  dietician",  or  "certified  nutritionist"] may designate or
    33  hold such person out as a dietitian nutritionist or use  or  assume  the
    34  title   "dietitian  nutritionist",  "licensed  dietitian  nutritionist",
    35  "dietician", or any other title indicating that the person is a licensed
    36  dietitian nutritionist or append to or  use  in  conjunction  with  that
    37  person's  name  the letters "LDN" or "LD" unless such person is licensed
    38  as a dietitian nutritionist under this article.
    39    2. No  person  may  use or assume any title indicating that the person
    40  is a licensed nutritionist or append to  or  use  in  conjunction   with
    41  that  person's  name the letters "LN" unless the person is licensed as a
    42  nutritionist under this article.
    43    3. No person may designate or hold such person out as  a  nutritionist
    44  or  use or assume the title "nutritionist" unless the person is licensed
    45  under this article.
    46    § 4. The education law is amended by adding a new  section  8002-a  to
    47  read as follows:
    48    § 8002-a. Definitions. For the purposes of this article, the following
    49  terms shall have the following meanings:
    50    1.  "Medical  nutrition  therapy"  means  the  provision  of nutrition
    51  assessment, nutrition diagnosis, nutrition  intervention,  or  nutrition
    52  monitoring  and evaluation for the purpose of management or treatment of
    53  a disease or medical condition. Only  a  person  licensed  or  otherwise
    54  exempt  under  this  article shall practice medical nutrition therapy or
    55  offer to provide such services.
        S. 9653                             3

     1    2. "Nutrition care services" means any part or all  of  the  following
     2  services provided within a systematic process:
     3    (a)  assessing and evaluating the nutritional needs of individuals and
     4  groups and determining resources and constraints in a practice  setting,
     5  including  ordering  of  nutrition-related laboratory tests to check and
     6  track nutrition status;
     7    (b) identifying nutrition problems and establishing priorities, goals,
     8  and  objectives  that  meet  nutritional  needs  and are consistent with
     9  available resources and constraints;
    10    (c) creating individualized dietary plans and issuing and implementing
    11  orders to meet nutritional needs of healthy individuals and  individuals
    12  in  acute  and  chronic  disease  states, including ordering therapeutic
    13  diets, and monitoring the effectiveness thereof;
    14    (d) determining and providing appropriate nutrition  interventions  in
    15  health   and   disease,  including  nutrition  counseling  on  food  and
    16  prescription drug interactions;
    17    (e) developing, implementing, and managing nutrition care systems; and
    18    (f)  evaluating, making changes in, and maintaining appropriate stand-
    19  ards of quality in food and nutrition service.
    20    § 5. Section 8003 of the education law, as amended by chapter  282  of
    21  the laws of 1992, is amended to read as follows:
    22    § 8003. State  board  for  dietetics and nutrition.  A state board for
    23  dietetics and nutrition shall be appointed by the board of  regents,  on
    24  recommendation  of  the  commissioner,  for the purpose of assisting the
    25  board of regents and the department on matters of [certification] licen-
    26  sure, practice, and professional  conduct  in  accordance  with  section
    27  sixty-five hundred eight of this [chapter] title.
    28    [The]   All members serving terms on the state board for dietetics and
    29  nutrition on the effective date of the chapter of the laws of two  thou-
    30  sand  twenty-four which amended this section shall continue to serve out
    31  their respective terms of office until their respective  successors  are
    32  appointed  and  qualified.  Thereafter,  the board shall consist of [not
    33  less than thirteen] eleven members, [ten] six of whom shall  be  [certi-
    34  fied  dietitians  or certified nutritionists, except that the members of
    35  the first board need not be certified  but  shall  be  persons  who  are
    36  eligible for certification under the provisions of this article prior to
    37  their  appointment  to  the  board.    The  first board, with respect to
    38  members representing the  profession,  shall  consist  of  five  members
    39  registered by a national dietetic association having registration stand-
    40  ards acceptable to the department and five members who are members of or
    41  registered  by  a  national  nutritional  association  having membership
    42  and/or registration standards acceptable to the department.  Thereafter,
    43  members  of  the  profession  appointed to such board shall be certified
    44  pursuant to this article] licensed dietitian nutritionists  and  two  of
    45  whom  shall  be  licensed nutritionists pursuant to this article. To the
    46  extent reasonable, the board of regents should insure the state board is
    47  broadly representative of  various  professional  interests  within  the
    48  dietetic and nutritional community.  [Three] Two members shall be repre-
    49  sentatives  of  the  general  public and one member shall be a physician
    50  licensed under article one hundred  thirty-one  of  this  title.    Such
    51  physician  member shall not be a member of or credentialed by a national
    52  dietetic or national nutrition association. An  executive  secretary  to
    53  the  board shall be appointed by the board of regents on the recommenda-
    54  tion of the commissioner.
    55    § 6. Section 8004 of the education law is REPEALED and a  new  section
    56  8004 is added to read as follows:
        S. 9653                             4

     1    §  8004. Requirements for professional license.  1. Each applicant for
     2  a license as a licensed nutritionist shall:    be  at  least  twenty-one
     3  years  of  age;  submit  a completed application upon a form and in such
     4  manner as the board prescribes demonstrating the  applicant  is  capable
     5  and  professionally  competent,  as  determined  by the board, to safely
     6  engage in the practice of nutrition; submit any fees as required by  the
     7  board, and submit proof of all of the following:
     8    (a)  Education:  Have received a master's or doctoral degree in nutri-
     9  tion or a nutrition-related science leading to competence in  nutrition,
    10  including  medical nutrition therapy, in accordance with the commission-
    11  er's regulations;
    12    (b) Experience: Have completed a planned, continuous, supervised prac-
    13  tice experience satisfactory to the board and  in  accordance  with  the
    14  commissioner's  regulations, provided that such experience shall require
    15  demonstration of competence in nutrition,  including  medical  nutrition
    16  therapy and involve at least one thousand hours under direct supervision
    17  in  the following practice areas, with a minimum of two hundred hours in
    18  each practice area: conducting nutrition  assessment;  nutrition  inter-
    19  vention;  and  nutrition monitoring and evaluation. The experience shall
    20  be determined by the board to have prepared  the  applicant  to  provide
    21  nutrition  care  services  for  various populations of diverse cultures,
    22  genders, and across the life cycle, and to be able to competently formu-
    23  late actionable medical nutrition therapies  and  interventions,  educa-
    24  tion,  counseling,  and ongoing care for the prevention, modulation, and
    25  management of a range of acute and chronic medical conditions within the
    26  scope of nutrition; and
    27    (c) Examination: Passage of a nutrition  examination  satisfactory  to
    28  the board and in accordance with the commissioner's regulations.
    29    2. (a) Each applicant for a license as a licensed dietitian nutrition-
    30  ist  shall:  be  at  least  twenty-one  years of age, submit a completed
    31  application upon a form and in  such  manner  as  the  board  prescribes
    32  demonstrating  the applicant is capable and professionally competent, as
    33  determined by the board, to safely engage in the practice  of  dietetics
    34  and  nutrition,  submit  any  fees  as required by the board, and submit
    35  proof of all of the following:
    36    (i) Education: Have received a master's or doctoral degree and  satis-
    37  factorily  completed a program of study accredited by a national dietet-
    38  ics accrediting body and approved by the department in  accordance  with
    39  the commissioner's regulations;
    40    (ii)  Experience:  Have  completed  a  planned, continuous, supervised
    41  practice experience accredited by a national dietetics accrediting body,
    42  satisfactory to the board and  in  accordance  with  the  commissioner's
    43  regulations,  provided  that such experience shall require demonstration
    44  of competence in dietetics and nutrition,  including  medical  nutrition
    45  therapy,  and  consist  of  not  less  than one thousand hours under the
    46  direct supervision.  The experience shall be determined by the board  to
    47  have prepared the applicant to provide nutrition care services for vari-
    48  ous populations of diverse cultures, genders, and across the life cycle,
    49  and  to  be  able  to competently formulate actionable medical nutrition
    50  therapies and interventions, education, counseling, and ongoing care for
    51  the prevention, modulation, and management  of  a  range  of  acute  and
    52  chronic  medical conditions within the scope of dietetics and nutrition;
    53  and
    54    (iii) Examination: Passage of a dietitian examination satisfactory  to
    55  the board and in accordance with the commissioner's regulations.
        S. 9653                             5

     1    (b)  An  application for a dietitian nutritionist license submitted by
     2  individuals, who prior to January first, two thousand  twenty-four  held
     3  registration  as  a dietitian by a national dietetic commission that has
     4  registration standards acceptable to the department, and currently holds
     5  such  registration, is governed by the provisions of law in effect imme-
     6  diately before the effective date of this section, and the former law is
     7  continued in effect for that purpose.
     8    3. All applicants for licensure as a licensed nutritionist or licensed
     9  dietitian nutritionist shall pay a fee for an initial license, and a fee
    10  for each triennial registration period.
    11    § 7. Section 8005 of the education law is REPEALED.
    12    § 8. Section 8006 of the education law is REPEALED and a  new  section
    13  8006 is added to read as follows:
    14    §  8006. Special conditions. 1. Any person who is licensed as a certi-
    15  fied dietitian or a certified nutritionist on the effective date of  the
    16  chapter  of  the  laws  of  two  thousand twenty-four which amended this
    17  section, shall be licensed as a licensed dietitian nutritionist  without
    18  meeting any additional requirements so long as they hold registration as
    19  a  dietitian  by  a  national  dietetic commission that has registration
    20  standards acceptable to the department or have completed:
    21    (a) a bachelor's or higher degree from a  programmatically  accredited
    22  didactic  program  approved  by  the  department  in accordance with the
    23  commissioner's regulations;
    24    (b) a supervised practice experience acceptable to the  board  and  in
    25  accordance with the commissioner's regulations, provided that such expe-
    26  rience  consisted  of satisfactory completion of a nationally accredited
    27  dietetic and nutrition experience approved by the department of not less
    28  than nine hundred hours; and
    29    (c) passage of a dietician examination satisfactory to the  board  and
    30  in accordance with the commissioner's regulations.
    31    2.  Any person who is licensed as a certified dietitian or a certified
    32  nutritionist and does not meet the requirements provided under  subdivi-
    33  sion  one  of  this  section on the effective date of the chapter of the
    34  laws of two thousand twenty-four which  amend  this  section,  shall  be
    35  licensed  as  a  licensed  nutritionist  without  meeting any additional
    36  requirements.
    37    3. Any non-exempt person practicing the  professions  to  be  licensed
    38  pursuant  to  this  article shall apply for a license within one year of
    39  the effective date of this section.
    40    § 9. The education law is amended by adding two new sections 8007  and
    41  8008 to read as follows:
    42    §  8007.  Exemptions. This article shall not be construed to affect or
    43  prevent:
    44    1. A licensed physician from practicing such physician's profession as
    45  defined under articles one hundred thirty-one and  one  hundred  thirty-
    46  one-B  of  this  title;  a  registered professional nurse or a certified
    47  nurse practitioner practicing such nurse or nurse  practioner's  profes-
    48  sion  as  defined under article one hundred thirty-nine of this title; a
    49  licensed physician assistant from such physician assistant's  profession
    50  as  defined  under  article  one  hundred thirty-one-B of this title; or
    51  qualified members of other professions licensed under  this  title  from
    52  performing  work incidental to the practice of their professions, except
    53  that such persons may not hold themselves out under the title authorized
    54  by this article.
    55    2. A student, intern or resident from  engaging  in  the  practice  of
    56  dietetics  or  nutrition while participating in the education or experi-
        S. 9653                             6

     1  ence requirements under section eight thousand four of this article,  so
     2  long as:
     3    (a) The student or trainee who is completing their supervised practice
     4  experience  required  under  section eight thousand four of this article
     5  practices under this subdivision not more than five years after complet-
     6  ing education requirements under section eight  thousand  four  of  this
     7  article;
     8    (b) The student or trainee practices under this subdivision only while
     9  supervised  by  a  qualified supervisor as approved by the department in
    10  accordance with the commissioner's regulations;
    11    (c) The student or trainee does not engage in the  unrestricted  prac-
    12  tice of medical nutrition therapy; and
    13    (d)  While  practicing  under this subdivision, the student or trainee
    14  uses a title that clearly indicates such student trainee's status  as  a
    15  student, intern, trainee, or supervisee.
    16    3.  A  dietitian  nutritionist  or  nutritionist who is serving in the
    17  armed forces of the United States  or  any  other  federal  agency  from
    18  engaging  in the practice of medical nutrition therapy, or using govern-
    19  ment issued titles, provided that such practice or title use is  related
    20  to  service  or  employment,  provided  that such practice is related to
    21  service or employment.
    22    4. A person who provides individualized nutrition recommendations  for
    23  the wellness and primary prevention of chronic disease, health coaching,
    24  holistic  and  wellness education, guidance, motivation, behavior change
    25  management, services for non-medical weight control, or other  nutrition
    26  care services so long as all of the following apply:
    27    (a) The services do not constitute medical nutrition therapy;
    28    (b)  The person does not represent such person using titles authorized
    29  under this article; and
    30    (c) The person does not hold such person out as licensed or  qualified
    31  to engage in the practice of medical nutrition therapy.
    32    5.  A  person  who  disseminates  non-individualized, written, general
    33  nutrition information in connection with the marketing and  distribution
    34  of dietary supplements, food, herbs, or food materials, including expla-
    35  nations  of  their  federally regulated label claims, any known drug-nu-
    36  trient interactions, their role in various diets, or suggestions as  how
    37  to  best  use  and  combine  them  so  long as such information does not
    38  constitute medical nutrition therapy and the person does not use  titles
    39  authorized  under  this  article or hold such person out as qualified to
    40  engage in the practice of medical nutrition therapy.
    41    6. A person who provides  medical  weight  control  for  persons  with
    42  obesity as part of any of the following:
    43    (a)  An instructional program that has been approved in writing by one
    44  of the following:
    45    (i) a dietitian nutritionist or nutritionist licensed in  this  state;
    46  or
    47    (ii)  a  health  care practitioner licensed or certified in this state
    48  whose scope of practice includes medical nutrition therapy; or
    49    (b) A plan of care that is overseen by a health professional  licensed
    50  in  this  state  whose scope of practice otherwise authorizes the health
    51  professional to provide and delegate medical nutrition therapy, so  long
    52  as  the medical weight control services are not discretionary and do not
    53  require the exercise of professional judgment.
    54    7. An individual employed by a WIC program  as  a  "competent  profes-
    55  sional  authority"  as  defined in 7 C.F.R § 246.2 (1895) from providing
    56  nutrition services within such WIC program.  For  the  purpose  of  this
        S. 9653                             7

     1  subdivision the term "WIC program" shall mean a program authorized by 42
     2  U.S.C. § 1786; and
     3    8.  A person who does not utilize titles authorized under this article
     4  and assists the provision of medical nutrition  therapy  if  the  person
     5  performs  only support activities that are not discretionary and that do
     6  not require the exercise of professional judgment for their performance,
     7  and the person is directly supervised by  a  nutritionist  or  dietitian
     8  nutritionist licensed under this title.
     9    §  8008.  Limited permit. 1. The department may issue a limited permit
    10  to practice as a provisionally licensed  nutritionist  or  provisionally
    11  licensed  dietitian  nutritionist  to an applicant for licensure who has
    12  met the education and experience requirements for a licensed  nutrition-
    13  ist  or  licensed  dietitian  nutritionist  provided under section eight
    14  thousand four of this article.
    15    2. The duration of a limited permit shall not exceed one year from the
    16  time of its first issue and the department may for good  cause  renew  a
    17  limited  permit  for  an additional one year provided that no individual
    18  shall practice under any limited permit for more than  a  total  of  two
    19  years.
    20    3.  All practice under a limited permit shall be under the supervision
    21  of individuals licensed pursuant to this article.
    22    4. The fee for a limited permit or the renewal thereof shall be seven-
    23  ty-five dollars.
    24    § 10. Subparagraph (i) of paragraph a  of  subdivision  1  of  section
    25  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    26  2013, is amended to read as follows:
    27    (i) services  provided  under  article  one  hundred  fifty-four,  one
    28  hundred  fifty-seven, one hundred sixty-three or one hundred sixty-seven
    29  of this title for which licensure would be required, or
    30    § 11. Section 6505-b of the education law, as amended by chapter 10 of
    31  the laws of 2018, is amended to read as follows:
    32    § 6505-b. Course work or  training  in  infection  control  practices.
    33  Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
    34  optometrist [and], dental hygienist, licensed nutritionist, and licensed
    35  dietitian nutritionist practicing in the state shall, on or before  July
    36  first,  nineteen  hundred  ninety-four  and every four years thereafter,
    37  complete course work or training appropriate to the professional's prac-
    38  tice approved by the department regarding infection control, which shall
    39  include sepsis, and barrier precautions, including engineering and  work
    40  practice  controls,  in accordance with regulatory standards promulgated
    41  by the department, in consultation with the department of health,  which
    42  shall  be consistent, as far as appropriate, with such standards adopted
    43  by the department of health pursuant to section two hundred  thirty-nine
    44  of  the  public  health law to prevent the transmission of HIV, HBV, HCV
    45  and infections that could lead to sepsis in the course  of  professional
    46  practice. Each such professional shall document to the department at the
    47  time  of  registration commencing with the first registration after July
    48  first, nineteen hundred ninety-four that the professional has  completed
    49  course  work  or  training  in  accordance  with this section, provided,
    50  however that a professional subject to the provisions of  paragraph  (f)
    51  of  subdivision one of section twenty-eight hundred five-k of the public
    52  health law shall not be required to so document.  The  department  shall
    53  provide  an  exemption from this requirement to anyone who requests such
    54  an exemption and who (i) clearly demonstrates to the department's satis-
    55  faction that there would be no need  for  [him  or  her]  such  dentist,
    56  registered  nurse,  licensed  practical  nurse, podiatrist, optometrist,
        S. 9653                             8

     1  dental hygienist, licensed nutritionist, and licensed  dietitian  nutri-
     2  tionist  to  complete such course work or training because of the nature
     3  of [his or her]  such  dentist,  registered  nurse,  licensed  practical
     4  nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist,
     5  and  licensed  dietitian  nutritionist practice or (ii) that [he or she]
     6  such dentist, registered nurse, licensed  practical  nurse,  podiatrist,
     7  optometrist,  dental  hygienist,  licensed  nutritionist,  and  licensed
     8  dietitian nutritionist has completed course work or training  deemed  by
     9  the  department to be equivalent to the course work or training approved
    10  by the department pursuant to this section. The department shall consult
    11  with organizations representative of professions, institutions and those
    12  with expertise in infection control and HIV,  HBV,  HCV  and  infections
    13  that  could  lead  to  sepsis  with  respect to the regulatory standards
    14  promulgated pursuant to this section.
    15    § 11-a. Section 6505-b of the education law, as amended by chapter 733
    16  of the laws of 2023, is amended to read as follows:
    17    § 6505-b. Course work or  training  in  infection  control  practices.
    18  Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
    19  optometrist, athletic trainer,  [and]  dental  hygienist,  and  licensed
    20  nutritionist,  and  licensed  dietitian  nutritionist  practicing in the
    21  state shall, on or before July first, nineteen hundred  ninety-four  and
    22  every  four years thereafter, complete course work or training appropri-
    23  ate to the professional's practice approved by the department  regarding
    24  infection  control, which shall include sepsis, and barrier precautions,
    25  including engineering and work practice  controls,  in  accordance  with
    26  regulatory standards promulgated by the department, in consultation with
    27  the department of health, which shall be consistent, as far as appropri-
    28  ate, with such standards adopted by the department of health pursuant to
    29  section  two hundred thirty-nine of the public health law to prevent the
    30  transmission of HIV, HBV, HCV and infections that could lead  to  sepsis
    31  in  the  course  of  professional practice. Each such professional shall
    32  document to the department at the time of registration  commencing  with
    33  the  first  registration  after July first, nineteen hundred ninety-four
    34  that the professional has completed course work or training  in  accord-
    35  ance with this section, provided, however that a professional subject to
    36  the  provisions  of  paragraph (f) of subdivision one of section twenty-
    37  eight hundred five-k of the public health law shall not be  required  to
    38  so  document.  The  department  shall  provide  an  exemption  from this
    39  requirement to anyone who requests such an exemption and who (i) clearly
    40  demonstrates to the department's satisfaction that  there  would  be  no
    41  need for [him or her] such dentist, registered nurse, licensed practical
    42  nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist,
    43  and  licensed  dietitian  nutritionist  to  complete such course work or
    44  training because of the nature of [his or her] such dentist,  registered
    45  nurse, licensed practical nurse, podiatrist, optometrist, dental hygien-
    46  ist, licensed nutritionist, and licensed dietitian nutritionist practice
    47  or  (ii) that [he or she] such dentist, registered nurse, licensed prac-
    48  tical nurse, podiatrist, optometrist, dental hygienist, licensed  nutri-
    49  tionist,  and  licensed dietitian nutritionist has completed course work
    50  or training deemed by the department to be equivalent to the course work
    51  or training approved by the department pursuant  to  this  section.  The
    52  department   shall   consult   with   organizations   representative  of
    53  professions, institutions and those with expertise in infection  control
    54  and  HIV, HBV, HCV and infections that could lead to sepsis with respect
    55  to the regulatory standards promulgated pursuant to this section.
        S. 9653                             9

     1    § 12. Paragraph a of subdivision 3 of section 6507  of  the  education
     2  law,  as  amended by chapter 479 of the laws of 2022, is amended to read
     3  as follows:
     4    a. Establish standards for preprofessional and professional education,
     5  experience and licensing examinations as required to implement the arti-
     6  cle for each profession. Notwithstanding any other provision of law, the
     7  commissioner shall establish standards requiring that all persons apply-
     8  ing,  on or after January first, nineteen hundred ninety-one, initially,
     9  or for the renewal of, a license, registration or limited permit to be a
    10  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    11  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    12  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    13  licensed  marriage  and family therapist, licensed mental health counse-
    14  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    15  analyst,  [or] certified behavior analyst assistant, licensed nutrition-
    16  ist or licensed dietitian nutritionist shall, in  addition  to  all  the
    17  other  licensure,  certification  or permit requirements, have completed
    18  two hours of coursework or training  regarding  the  identification  and
    19  reporting  of  child  abuse and maltreatment. The coursework or training
    20  shall be obtained  from  an  institution  or  provider  which  has  been
    21  approved  by  the department to provide such coursework or training. The
    22  coursework or training shall include information regarding the  physical
    23  and behavioral indicators of child abuse and maltreatment and the statu-
    24  tory  reporting  requirements  set out in sections four hundred thirteen
    25  through four hundred twenty of the social services  law,  including  but
    26  not  limited  to, when and how a report must be made, what other actions
    27  the reporter is mandated or authorized to take,  the  legal  protections
    28  afforded  reporters,  and  the  consequences for failing to report. Such
    29  coursework or training may also include information regarding the  phys-
    30  ical and behavioral indicators of the abuse of individuals with develop-
    31  mental  disabilities  and  voluntary  reporting  of  abused or neglected
    32  adults to the office for people with developmental disabilities  or  the
    33  local  adult protective services unit.  Each applicant shall provide the
    34  department with documentation showing that [he or  she]  such  applicant
    35  has  completed  the  required  training. The department shall provide an
    36  exemption from the child abuse and maltreatment training requirements to
    37  any applicant who requests such an  exemption  and  who  shows,  to  the
    38  department's  satisfaction,  that  there would be no need because of the
    39  nature of [his or her] such applicant's practice for [him or  her]  such
    40  applicant to complete such training;
    41    §  12-a. Paragraph a of subdivision 3 of section 6507 of the education
    42  law, as amended by chapter 733 of the laws of 2023, is amended  to  read
    43  as follows:
    44    a. Establish standards for preprofessional and professional education,
    45  experience and licensing examinations as required to implement the arti-
    46  cle for each profession. Notwithstanding any other provision of law, the
    47  commissioner shall establish standards requiring that all persons apply-
    48  ing,  on or after January first, nineteen hundred ninety-one, initially,
    49  or for the renewal of, a license, registration or limited permit to be a
    50  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    51  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    52  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    53  licensed  marriage  and family therapist, licensed mental health counse-
    54  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    55  analyst,  certified  behavior  analyst assistant, licensed nutritionist,
    56  licensed dietitian nutritionist, or athletic trainer shall, in  addition
        S. 9653                            10

     1  to  all  the other licensure, certification or permit requirements, have
     2  completed two hours of coursework or training regarding the  identifica-
     3  tion  and  reporting  of child abuse and maltreatment. The coursework or
     4  training  shall  be  obtained  from an institution or provider which has
     5  been approved by the department to provide such coursework or  training.
     6  The coursework or training shall include information regarding the phys-
     7  ical  and  behavioral indicators of child abuse and maltreatment and the
     8  statutory reporting requirements set out in sections four hundred  thir-
     9  teen  through  four hundred twenty of the social services law, including
    10  but not limited to, when and how a  report  must  be  made,  what  other
    11  actions  the  reporter  is  mandated  or  authorized  to take, the legal
    12  protections afforded reporters, and  the  consequences  for  failing  to
    13  report. Such coursework or training may also include information regard-
    14  ing  the  physical and behavioral indicators of the abuse of individuals
    15  with developmental disabilities and voluntary  reporting  of  abused  or
    16  neglected  adults  to the office for people with developmental disabili-
    17  ties or the local adult protective services unit.  Each applicant  shall
    18  provide  the department with documentation showing that [he or she] such
    19  applicant has completed the  required  training.  The  department  shall
    20  provide  an  exemption  from  the  child abuse and maltreatment training
    21  requirements to any applicant who requests such  an  exemption  and  who
    22  shows,  to  the  department's  satisfaction, that there would be no need
    23  because of the nature of [his or her] such applicant's practice for [him
    24  or her] such applicant to complete such training;
    25    § 13. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    26  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    27  laws of 2018, is amended to read as follows:
    28    (a) The following persons and officials  are  required  to  report  or
    29  cause  a  report to be made in accordance with this title when they have
    30  reasonable cause to suspect that a child coming  before  them  in  their
    31  professional  or  official capacity is an abused or maltreated child, or
    32  when they have reasonable cause to suspect that a child is an abused  or
    33  maltreated  child  where the parent, guardian, custodian or other person
    34  legally responsible for such child comes before them  in  their  profes-
    35  sional  or  official  capacity and states from personal knowledge facts,
    36  conditions or circumstances which, if correct, would render the child an
    37  abused or maltreated child: any physician; registered physician  assist-
    38  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    39  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    40  psychologist; registered nurse; social worker; emergency medical techni-
    41  cian;  licensed  creative  arts  therapist; licensed marriage and family
    42  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    43  licensed   behavior   analyst;  certified  behavior  analyst  assistant;
    44  licensed nutritionist; licensed dietitian nutritionist; hospital person-
    45  nel engaged in the admission, examination, care or treatment of persons;
    46  a Christian Science practitioner; school official, which includes but is
    47  not  limited  to  school  teacher,  school  guidance  counselor,  school
    48  psychologist,  school  social worker, school nurse, school administrator
    49  or other school personnel required to hold a teaching or  administrative
    50  license  or  certificate;  full or part-time compensated school employee
    51  required to hold a temporary coaching license or  professional  coaching
    52  certificate; social services worker; employee of a publicly-funded emer-
    53  gency shelter for families with children; director of a children's over-
    54  night  camp, summer day camp or traveling summer day camp, as such camps
    55  are defined in section thirteen hundred ninety-two of the public  health
    56  law;  day  care center worker; school-age child care worker; provider of
        S. 9653                            11

     1  family or group family day care; employee or volunteer in a  residential
     2  care  facility  for  children that is licensed, certified or operated by
     3  the office of children and family services; or any other child  care  or
     4  foster  care worker; mental health professional; substance abuse counse-
     5  lor; alcoholism counselor; all persons credentialed  by  the  office  of
     6  alcoholism  and substance abuse services; employees, who are expected to
     7  have regular and substantial contact with children, of a health home  or
     8  health  home  care  management  agency contracting with a health home as
     9  designated by the department of  health  and  authorized  under  section
    10  three hundred sixty-five-l of this chapter or such employees who provide
    11  home and community based services under a demonstration program pursuant
    12  to section eleven hundred fifteen of the federal social security act who
    13  are  expected  to  have  regular  and substantial contact with children;
    14  peace officer; police officer; district attorney or  assistant  district
    15  attorney; investigator employed in the office of a district attorney; or
    16  other law enforcement official.
    17    §  13-a.  Paragraph  (a) of subdivision 1 of section 413 of the social
    18  services law, as amended by chapter 733 of the laws of 2023, is  amended
    19  to read as follows:
    20    (a)  The  following  persons  and  officials are required to report or
    21  cause a report to be made in accordance with this title when  they  have
    22  reasonable  cause  to  suspect  that a child coming before them in their
    23  professional or official capacity is an abused or maltreated  child,  or
    24  when  they have reasonable cause to suspect that a child is an abused or
    25  maltreated child where the parent, guardian, custodian or  other  person
    26  legally  responsible  for  such child comes before them in their profes-
    27  sional or official capacity and states from  personal  knowledge  facts,
    28  conditions or circumstances which, if correct, would render the child an
    29  abused  or maltreated child: any physician; registered physician assist-
    30  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    31  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    32  athletic trainer; psychologist; registered nurse; social  worker;  emer-
    33  gency  medical  technician;  licensed  creative arts therapist; licensed
    34  marriage  and  family  therapist;  licensed  mental  health   counselor;
    35  licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
    36  analyst assistant; licensed nutritionist; licensed dietitian  nutrition-
    37  ist;  hospital  personnel engaged in the admission, examination, care or
    38  treatment of persons; a Christian Science practitioner; school official,
    39  which includes but is not limited to  school  teacher,  school  guidance
    40  counselor,  school  psychologist,  school  social  worker, school nurse,
    41  school administrator or other school personnel required to hold a teach-
    42  ing or administrative license or certificate; full or part-time  compen-
    43  sated  school  employee required to hold a temporary coaching license or
    44  professional coaching certificate; social services worker; employee of a
    45  publicly-funded emergency shelter for families with  children;  director
    46  of  a children's overnight camp, summer day camp or traveling summer day
    47  camp, as such camps are defined in section thirteen  hundred  ninety-two
    48  of  the public health law; day care center worker; school-age child care
    49  worker; provider of family or group family day care; employee or  volun-
    50  teer  in  a  residential  care  facility  for children that is licensed,
    51  certified or operated by the office of children and family services;  or
    52  any  other child care or foster care worker; mental health professional;
    53  substance abuse counselor; alcoholism  counselor;  all  persons  creden-
    54  tialed  by  the  office  of  [alcoholism  and  substance abuse services]
    55  addiction services and supports; employees, who  are  expected  to  have
    56  regular  and  substantial  contact  with  children,  of a health home or
        S. 9653                            12

     1  health home care management agency contracting with  a  health  home  as
     2  designated  by  the  department  of  health and authorized under section
     3  three hundred sixty-five-l of this chapter or such employees who provide
     4  home and community based services under a demonstration program pursuant
     5  to section eleven hundred fifteen of the federal social security act who
     6  are  expected  to  have  regular  and substantial contact with children;
     7  peace officer; police officer; district attorney or  assistant  district
     8  attorney; investigator employed in the office of a district attorney; or
     9  other law enforcement official.
    10    §  14.  Subdivision  5-a of section 488 of the social services law, as
    11  amended by chapter 205 of the laws  of  2014,  is  amended  to  read  as
    12  follows:
    13    5-a.  "Human  services professional" shall mean any: physician; regis-
    14  tered physician assistant; surgeon; medical examiner; coroner;  dentist;
    15  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
    16  resident; intern; psychologist;  registered  nurse;  licensed  practical
    17  nurse;  nurse practitioner; social worker; emergency medical technician;
    18  licensed creative arts therapist; licensed marriage  and  family  thera-
    19  pist; licensed mental health counselor; licensed psychoanalyst; licensed
    20  behavior   analyst;   certified  behavior  analyst  assistant;  licensed
    21  speech/language pathologist or audiologist; licensed physical therapist;
    22  licensed occupational therapist; licensed nutritionist; licensed  dieti-
    23  tian nutritionist; hospital personnel engaged in the admission, examina-
    24  tion,  care  or  treatment  of  persons; Christian Science practitioner;
    25  school official, which includes but is not limited  to  school  teacher,
    26  school  guidance  counselor,  school psychologist, school social worker,
    27  school nurse, school administrator or other school personnel required to
    28  hold a teaching or administrative license or certificate; full or  part-
    29  time  compensated  school employee required to hold a temporary coaching
    30  license or professional coaching certificate;  social  services  worker;
    31  any  other child care or foster care worker; mental health professional;
    32  person credentialed by the office  of  alcoholism  and  substance  abuse
    33  services;  peace officer; police officer; district attorney or assistant
    34  district attorney; investigator employed in the  office  of  a  district
    35  attorney; or other law enforcement official.
    36    §  15.  This act shall take effect eighteen months after it shall have
    37  become a  law;  provided,  however,  that  the  provisions  of  sections
    38  eleven-a,  twelve-a and thirteen-a  of this act shall take effect on the
    39  same date and in the same manner as chapter 733  of  the  laws  of  2023
    40  takes  effect.    Effective  immediately, the addition, amendment and/or
    41  repeal of any rule or regulation necessary  for  the  implementation  of
    42  this  act  on its effective date are authorized to be made and completed
    43  on or before such effective date.