Provides for the licensure of dietitians and nutritionists

Summary of specific provisions

Section 1 outlines the legislative findings and declaration of purpose.

Section 2 establishes the titles of Licensed Dietitian/Nutritionist or LDN

Section 3 defines the scope of practice for the Licensed Dietitian/Nutritionist to include the application of medical nutrition therapy and a standardized nutrition care process, including nutrition assessment, nutrition diagnosis, and nutrition intervention and nutrition evaluation and monitoring for the prevention or treatment of nutrition related illnesses, nourishment and education of individuals and groups throughout the life cycle.

The legislation defines medical nutrition therapy, nutrition assessment, nutrition diagnosis, and nutrition intervention. The definition of nutrition diagnosis clearly articulates that it is distinct from a medical diagnosis and is consistent with other Title VIII professions with similar authorities.

Section 4 provides for the use of titles to ensure that only individuals who meet the requirements for licensure use the title Licensed Dietitian/Nutritionist.

Section 5 establishes the State Board for Dietetics and Nutrition composed of nine members, including seven Licensed Dietitian/Nutritionists, one public member and one physician.

Section 6 sets forth the requirements for licensure to include:

* Education: a bachelor's degree or higher in dietetics/nutrition, or a bachelor's degree or higher and major course of study in dietetics/nutrition, or a bachelor's degree or higher and post-graduate study in dietetics and nutrition o Supervised Experience: Until Dec. 31, 2015,900 hours; after Dec. 31, 2015, 1200 hours o Successful completion of an approved examination o Fee o Good moral character as determined by the department.

The legislation allows for students to enter the profession from multiple degrees, either directly from a dietetics/nutrition degree

or for example a chemistry or biology degree as long as such degree provides for a major course in dietetics/nutrition as approved by the department.

Section 7 outlines special provisions to protect individuals who are currently employed by the state, county or municipalities to practice dietetics and nutrition, but who are not licensed. This section allows those individuals to continue to practice dietetics and nutrition in their current setting for as long as they maintain that position. Such individual may not, however, refer to themselves as a licensed dietitian! nutritionist. Two years after the enacted date, any new employees hired by the state, county or municipalities to practice dietetics and nutrition must be licensed under this article.

Section 8 establishes grandfathering provisions for one year. Individuals currently certified as a dietitian or nutritionist with the New York State Education Department may become licensed within the first year by simply filing an application and paying a fee. In addition, professionals who have the education and experience outlined in the legislation, but have not taken the exam, but for whom are members of a national dietetics or national nutrition association approved by the department may become licensed within the first year by simply filling an application and paying a fee.

Section 9 provides for exemptions and limited permits.

Section 10 is the effective date

Existing law

Article 157 of the Education Law currently provides for the certification of Dietitians and Nutritionists.

Justification

The application of scientific knowledge relating to nutrition is important in the effective care, treatment and prevention of disease or trauma and in the attainment and maintenance of health. Providing sound dietetic and nutrition services in hospitals, nursing homes, extended care and ambulatory care settings, school districts, health departments, private practice and consultation and in other settings requires trained and competent professionals.

The provision of medical nutrition therapy (MNT) requires qualified and skilled professionals. Medicare allows for the reimbursement of MNT for patients diagnosed with diabetes or renal disease when services are provided by a registered dietitian/nutritionist licensed by the state. New York State needs to transform its certification law into a licensure law with a protected scope of practice to ensure quality care through a standardized nutrition care process, consisting of a nutrition assessment, nutrition diagnosis, nutrition intervention, and the monitoring and evaluation of outcomes directly related to the nutrition care process.

Prior legislative history

2007-08: S.5556 Referred to Higher Ed 2005-06: S.2864 Passed Senate 2003-04: S.4282/A.7106 Referred to Higher Ed

Fiscal implications

This legislation maintains the initial registration fee of $175 associated with the certification of the profession and increases the triennial reregistration fee by $20 to $175. These fees will offset costs associated with the implementation of this act and the continued regulation of the profession.

Effective date

This act shall take effect one year after it shall have become law, provided however, that effective immediately, the addition, amendment and/or appeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed by the department of education on or before such effective date.