Skip to content
S7692Senate2015-2016 SessionSame asA10491

Relates to management of therapeutic diet orders in a facility

Sponsor Kenneth P. LaValleSD-1Affects Education
Status
In Senate Committee
Higher Education
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Higher Education

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Print number 7692a
  2. Amend and recommit to higher education
  3. 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.

A10491Assembly

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.