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Sponsors
No co-sponsors yet.
History
- Print number 7692a
- Amend and recommit to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to management of therapeutic diet orders in a facility
In Assembly Committee · Higher Education · Sponsor Ellen C. Jaffee
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to management of therapeutic diet orders in a facility
Purpose
To allow hospitals to take advantage of the Centers for Medicare &Medicaid Services (CMS) rule (Vo1.79/No.91 May 12, 2014) which allows a hospital to permit qualified dietitians or nutritionists the authority to order therapeutic diets.
Summary of provisions
Section 1. Amends the education law to add a new section 8007 that provides for management of therapeutic diet orders in a facility. Subdivision 1 of the section provides definitions for "qualified dietetic professional" or qualified nutrition professional", "therapeutic diet", and "facility".
Read the full memo (662 words)
Subdivision 2 of the section provides that the management of therapeutic diets performed by a qualified dietetic or nutrition professional includes a review, evaluation, order and management of a therapeutic diet to a patient who is being treated in a facility by a physician for specific diseases or disease states in accordance with facility policies. This section further states that the management of parenteral and enteral nutrition was part of a therapeutic diet order may include adjustment of a diet or nutrition regimen, however, if the treating physician disagrees with the protocol made by the dietitian or nutritionist, the physician will prevail. This also provides that a qualified dietetic or nutrition professional may evaluate and if authorized by the facility, order clinical laboratory test related to the therapeutic diet order and order or perform routine patient monitoring as necessary for parenteral and enteral nutrition management.
Subdivision 3 of the section states that nothing in this section shall authorize a qualified dietetic or nutrition professional to establish or modify a medical diagnosis.
Subdivision 4 of the section provides that authorization of any qualified dietetic or nutrition professionals to engage in the management of a therapeutic diet order shall be at the discretion of the facility.
Subdivision 5 of the section provides that nothing in this section shall be deemed to authorize, grant or extend hospital privileges to individuals certified as dietitians or nutritionists under this Article.
Section 2. Sets for the effective date.
Existing law
The education law currently provides for the certification of dietitians and nutritionists (CDN).
Justification
Legislation is required to allow hospitals to permit a qualified dietitian or nutritionist to order therapeutic diets.
Previously, the CMS rue was interpreted to require physicians to be responsible for therapeutic diet orders. However, recent CMS rule now indicates that qualified dietitians or nutritionists are "the professionals who are best qualified to assess a patient's nutritional status and to design and implement a nutritional treatment plan in consultation with the patient's interdisciplinary care team".
In addition, the CMS rules state that the qualified dietitian or nutritionist "must be viewed as an integral member of the hospital interdisciplinary care team, one who as the team's clinical nutrition expert is responsible for a patient's nutritional diagnosis and treatment in light of a patient's medical diagnosis.
Finally, the CMS rules state that "we consider all patient diets to be therapeutic in nature, regardless of the modality used to support the nutritional needs o the patient and that the term would most certainly include parenteral and enteral nutrition support".
However, New York State law does not permit CDNs to make an order. In addition, since parenteral nutrition is dispensed by a pharmacist within the facility, current law does not allow CDNs to order nutrition via the parenteral dispensing process.
Language is needed to provide the authority and establish parameters for responsible practice; acknowledging the responsibilities and oversight of physician or pharmacist in the process of delivering nutrition care.
Legislative history
New bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately the Department of Education may promulgate any rule or regulation necessary for the timely implementation of this act on this effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.