Provides for the licensure of dietitians and nutritionists

Section 2. Introduction: changes "certification" to "licensure"

Section 3. Sets for the scope of practice:

Dietetic and nutrition practice: Dietetic and nutrition practice is the application of medical nutrition therapy and a standardized nutrition care process, including nutrition assessment, nutrition diagnosis, 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 lifecycle.

Section 4. Defines specific terms relating to the scope of practice

Section 5. Authorizes the use of titles: "Licensed Dietitian/Nutritionist"

Section 6. Amends aspects of the Board of Dietetics and Nutrition -Reduces the number of Board members from 13 to 9 -Adds a physician as a member of the Board

Section 7. Sets forth requirements for licensure reflecting federal standards outlined in the Center for Medicaid and Medicare Services

*Education: Bachelor's degree or higher with major course of study in dietetics and nutrition *Experience: 900 hours of supervised practice (increasing to 1200) *18 years or older *Good moral character

Section 8. Special Provisions:

*Permits certain entities to use unlicensed individuals for a period of time *Allows for corporations to provide for the practice of dietetics and nutrition with licensed dietitian/nutritionist

Section 9. Special Provisions (grandfathering)

*Allows currently certified dietitians/nutritionists to be automatically licensed

Section 10. Sets for Exemptions

*Establishes a limited permit process

Section 11. Effective Date: 1 year

Existing law

Article 157 of the education law currently provides for the certification of dietetics and nutrition.

Justification

Currently, dietitians and nutritionists are eligible for voluntary title certification through the New York State Education Department, pursuant to Article 157 of the education law. Certification provides protection of the title - Certified Dietitian/Nutritionist. However, certification alone does not protect the services provided by professional dietitians and nutritionists. Anyone, regardless of training or competency, may provide nutrition therapy or counseling and other services similar to that of a certified dietitian/nutritionist as long as they do not call themselves a "Certified Dietitian" or "Certified Nutritionist".

The requirements for attaining a NYS title certification for Dietetics and Nutritionists does not meet federally recognized standards. Currently, an individual may obtain a certification with merely an Associate's degree. This bill seeks to elevate the requirements for being a dietetic/nutrition professional to the nationally recognized level of practice to assure protection of the public. There are many references by the Centers for Medicaid and Medicare Services that reference the standards for providing medical nutrition therapy. This bill mirrors those standards. Finally, the lack of regulatory oversight and protection of the practice of dietetics and nutrition places the public at risk of incompetent practitioners.

Licensure through the New York State Education Department will identify and protect the scope of practice of dietetics and nutrition professionals as well as their title. This means that individuals will no longer be able to hold themselves out as professionals in the field of dietetics or nutrition by simply avoiding the term " certified". Licensure sets forth educational, experiential and examination standards so as to ensure that those licensed are qualified and experienced to care properly and competently to meet the nutrition needs of patients.

Seven of the top 10 causes of death in the United States are now linked to diet. New York is investing significant resources for the treatment and prevention of these illnesses. Licensure will ensure that those professionals providing nutrition care have the qualifications which are recognized by the Institute of Medicine and Center for Medicaid and Medicare Services as the appropriate professional to provide medical nutrition therapy (MNT). The education set forth in the bill includes an in-depth study of nutrition and related curriculums which ensures a high level of practice. The supervised training is extensive and competency-based, resulting in uniquely qualified professionals. Dietetic and nutrition professionals serve in medical specialty areas including but not limited to: renal disease, diabetes, oncology, bariatric, sport nutrition, geriatrics, enteral and parenteral nutrition (tube and intravenous feeding).

Licensure will ensure that dietetic and nutrition professionals have the appropriate skills and training to assist in development of nutrition policy and translate science in ways that promote optimal nutrition and well-being for all people and guide the development of sound public policies to advance a better nourished public.

This bill does not prevent unlicensed individuals from providing non-medical nutrition information and education. We recognize that nutrition is everywhere. There is great benefit to continue to allow communities to promote healthy living and talk about good nutrition. This bill ensures that those communications can continue while still protecting those seeking medical nutrition therapy.

Legislative history

2013-14 S.4999/A.7316; 2011-12 S.3556/A.5666; 2007-08 S.5556; 2005-06 S.2864/A.5795; 2003-04 S.4282/A.9887

Fiscal implications

There currently exists a Board of Dietetics and Nutrition at the New York State Education Department. The Department currently employs Executive Secretary for the Board of Dietetics and Nutrition. Fees are assessed with every application to cover the costs associated with processing applications and regulating the profession.

Effective date

This act shall take effect one year after it shall have become law.