License Dietitians and Nutritionists

Section 1. Section 8000 of the education law, as added by chapter 635 of the laws of 1991, is amended to read as follows:

§ 8000. Introduction. This article applies to the [use of the titles "certified dietitian" and "certified nutritionist"] licensing of dietitians and nutritionists. A "licensed dietitian" shall mean a person duly licensed under this article as meeting the requirements of subdivision two of section eight thousand four of this article to practice dietetics and nutrition, which includes the practice of medical nutrition therapy. A "licensed nutritionist" shall mean a person duly licensed under this article as meeting the requirements of subdivision one of section eight thousand four of this article to practice nutrition, which includes the practice of medical nutrition therapy. All persons licensed under this article shall exercise professional judgment within the scope of their education, training, and experience, and shall make referrals to other qualified health care providers when necessary to ensure safe and comprehensive patient care. The general provision for all professions contained in article one hundred thirty of this title shall apply to this article.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01594-07-6

§ 2. Section 8001 of the education law, as added by chapter 635 of the laws of 1991, is amended to read as follows:

§ 8001. [Definitions] Dietetic and nutrition practice. 1. [Dietetics and nutrition are herein each defined as the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain people's health.

2. Where the title "certified dietitian" or "certified nutritionist" is used in this article it shall mean "certified dietitian", "certified dietician", or "certified nutritionist".

3. A certified dietitian or certified nutritionist is one who engages in the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain people's health, and who is certified as such by the department pursuant to section eight thousand four of this article. The primary function of a certified dietitian or certified nutritionist is the provision of nutrition care services that shall include:

(a) Assessing nutrition needs and food patterns;

(b) Planning for and directing the provision of food appropriate for physical and nutrition needs; and

(c) Providing nutrition counseling.] The practice of dietetics encompasses the practice of nutrition and includes providing medical nutrition therapy and advanced medical nutrition therapy delivered in-person or via telehealth, to prevent, manage, or treat chronic and acute diseases or medical conditions and promote wellness in inpatient and outpatient settings.

2. The practice of nutrition involves the provision of nutrition care services in-person or via telehealth, including medical nutrition therapy, limited to the prevention, management, or treatment of chronic diseases or medical conditions in outpatient settings and treatment of chronic diseases or medical conditions in outpatient settings and the promotion of wellness. The practice of nutrition shall include the ordering of oral therapeutic diets; the ordering of medical laboratory tests related to nutritional therapeutic treatments; and the provision of recommendations on vitamin, mineral, and other dietary supplements.

§ 3. Section 8002 of the education law, as added by chapter 635 of the laws of 1991, is amended to read as follows:

§ 8002. Use of titles. [Only a] 1. No person [certified under this article shall be authorized to use the title "certified dietitian", "certified dietician", or "certified nutritionist"] may designate or hold such person out as a dietitian or use or assume the title "dietitian", "licensed dietitian", "dietician", or any other title indicating that the person is a licensed dietitian or append to or use in conjunction with that person's name the letters "LD" unless such person is licensed as a dietitian under this article.

2. No person may use or assume any title indicating that the person is a licensed nutritionist or append to or use in conjunction with that person's name the letters "LN" unless the person is licensed as a nutritionist under this article.

3. No person may designate or hold such person out as a nutritionist or use or assume the title "nutritionist" unless the person is licensed under this article.

§ 4. The education law is amended by adding a new section 8002-a to read as follows:

§ 8002-a. Definitions. For the purposes of this article, the following terms shall have the following meanings:

1. "Advanced medical nutrition therapy" means services provided by licensed dietitians or qualified providers exempted under this article and includes, but is not limited to, the development and ordering of therapeutic diets via enteral and parenteral routes; conducting swallow screens; placing nasogastric or nasoenteric feeding tubes; implementing prescription drug dose adjustments under medical staff or prescriber-approved disease treatment protocols; ordering or discontinuing use of vitamin, mineral, and other dietary supplements; and developing and managing food service operations for the management or treatment of diseases or medical conditions.

2. "Medical nutrition therapy" means the provision of nutrition assessment, nutrition diagnosis, nutrition intervention, or nutrition monitoring and evaluation for the purpose of management or treatment of a disease or medical condition. Only a person licensed or otherwise exempt under this article shall practice medical nutrition therapy or offer to provide such services.

3. "Nutrition care services" means any part or all of the following services provided within a systematic process:

(a) assessing and evaluating the nutritional needs of individuals and groups and determining resources and constraints in a practice setting, including ordering of nutrition-related laboratory tests to check and track nutrition status;

(b) identifying nutrition problems and establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;

(c) creating individualized dietary plans and issuing and implementing orders to meet nutritional needs of healthy individuals and individuals in acute and chronic disease states, including ordering therapeutic diets, and monitoring the effectiveness thereof;

(d) determining and providing appropriate nutrition interventions in health and disease, including nutrition counseling on food and prescription drug interactions;

(e) developing, implementing, and managing nutrition care systems; and

(f) evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition service.

4. "Nutrition diagnosis" in the context of the practice of dietetics or the practice of nutrition means identifying and labeling nutrition problems managed and treated by a licensed dietitian or licensed nutritionist. Such diagnostic privilege is distinct from a medical diagnosis.

5. "Therapeutic diet" means a diet intervention prescribed by a physician or other authorized provider, including a licensed dietitian or, for oral diets only, a licensed nutritionist. A therapeutic diet provides food, fluids, or nutrients by oral, enteral, or parenteral routes and is used in the treatment of a disease or clinical condition to modify, eliminate, decrease, or increase specific macro- or micronutrients, or to provide mechanically altered food when medically indicated.

§ 5. Section 8003 of the education law, as amended by chapter 282 of the laws of 1992, is amended to read as follows:

§ 8003. State board for dietetics and nutrition. A state board for dietetics and nutrition shall be appointed by the board of regents, on recommendation of the commissioner, for the purpose of assisting the board of regents and the department on matters of [certification] licensure, practice, and professional conduct in accordance with section sixty-five hundred eight of this [chapter] title.

[The] All members serving terms on the state board for dietetics and nutrition on the effective date of the chapter of the laws of two thousand twenty-six which amended this section shall continue to serve out their respective terms of office until their respective successors are appointed and qualified. Thereafter, the board shall consist of [not less than thirteen] eleven members, [ten] of whom shall [be certified dietitians or certified nutritionists, except that the members of the first board need not be certified but shall be persons who are eligible for certification under the provisions of this article prior to their appointment to the board. The first board, with respect to members representing the profession, shall consist of five members registered by a national dietetic association having registration standards acceptable to the department and five members who are members of or registered by a national nutritional association having membership and/or registration standards acceptable to the department. Thereafter, members of the profession appointed to such board shall be certified pursuant to this article] include four licensed dietitians and four licensed nutritionists or licensed dietitians pursuant to this article; provided, however, that no more than six members of the board shall be licensed dietitians. To the extent reasonable, the board of regents should insure the state board is broadly representative of various professional interests within the dietetic and nutritional community. [Three] Two members shall be representatives of the general public and one member shall be a physician licensed under article one hundred thirty-one of this title. Such physician member shall not be a member of or credentialed by a national dietetic or national nutrition association. An executive secretary to the board shall be appointed by the board of regents on the recommendation of the commissioner.

§ 6. Section 8004 of the education law is REPEALED and a new section 8004 is added to read as follows:

§ 8004. Requirements for professional license. 1. Each applicant for a license as a licensed nutritionist shall: be at least twenty-one years of age; be of good moral character, acceptable to the department; submit a completed application upon a form and in such manner as the board prescribes demonstrating the applicant is capable and professionally competent, as determined by the board, to safely engage in the practice of nutrition; submit any fees as required by the board, and submit proof of all of the following:

(a) Education: Have received a master's or doctoral degree in nutrition or a nutrition-related science leading to competence in nutrition, including medical nutrition therapy, in accordance with the commissioner's regulations, or in the equivalent as determined by the department;

(b) Experience: Have completed a planned, continuous, supervised practice experience satisfactory to the board and in accordance with the commissioner's regulations, provided that such experience shall require demonstration of competence in nutrition, including medical nutrition therapy and involve at least one thousand hours under direct supervision in the following practice areas: conducting nutrition assessment; nutrition intervention; and nutrition monitoring and evaluation. The experience shall be determined by the board to have prepared the applicant to provide nutrition care services for various populations of diverse cultures, genders, and across the life cycle, and to be able to competently formulate actionable medical nutrition therapies and interventions, education, counseling, and ongoing care for the prevention, modulation, and management of a range of chronic medical conditions within the scope of nutrition; and

(c) Examination: Passage of a nutrition examination satisfactory to the board and in accordance with the commissioner's regulations.

2. Each applicant for a license as a licensed dietitian shall: be at least twenty-one years of age; be of good moral character, acceptable to the department; submit a completed application to the department for approval upon a form and in such manner as the board prescribes demonstrating the applicant is capable and professionally competent, as determined by the board, to safely engage in the practice of dietetics and nutrition; submit any licensure fee; and submit proof of all of the following:

(a) Education: Have received a master's or doctoral degree or an equivalent as determined by the department and satisfactorily completed a program of study accredited by a national dietetics accrediting body and approved by the department in accordance with the commissioner's regulations;