S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8171
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the public health law, in relation to  the  creation  of
   the health professional nutrition education office
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 2 of the public health law is amended by  adding  a
 new title 8 to read as follows:
                                TITLE VIII
              HEALTH PROFESSIONAL NUTRITION EDUCATION OFFICE
 SECTION 269.   DEFINITIONS.
         269-A. OFFICE   OF   HEALTH   PROFESSIONAL  NUTRITION  EDUCATION
                  CREATED.
         269-B. HEALTH PROFESSIONAL NUTRITION EDUCATION COUNCIL.
         269-C. PREPARATION AND DISTRIBUTION OF REPORTS.
   § 269. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
   1. "HEALTH PROFESSIONAL" SHALL MEAN A PHYSICIAN  OR  OTHER  INDIVIDUAL
 PROVIDING MEDICAL AND/OR HEALTH CARE SERVICES UNDER ARTICLES ONE HUNDRED
 THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B AND ONE HUNDRED THIRTY-THREE OF THE
 EDUCATION LAW.
   2.  "HEALTH PROFESSIONAL TRAINING PROGRAM" SHALL MEAN MEDICAL SCHOOLS,
 GRADUATE MEDICAL EDUCATION PROGRAMS, DENTAL SCHOOLS, PHYSICIAN ASSISTANT
 PROGRAMS, AND OTHER INSTITUTIONS THAT EDUCATE AND TRAIN  HEALTH  PROFES-
 SIONALS.
   3.  "OFFICE"  SHALL  MEAN  THE OFFICE OF HEALTH PROFESSIONAL NUTRITION
 EDUCATION, AS CREATED PURSUANT TO SECTION TWO  HUNDRED  SIXTY-NINE-A  OF
 THIS TITLE.
   4.  "HEALTH  PROFESSIONAL  NUTRITION  EDUCATION  COUNCIL" OR "COUNCIL"
 SHALL  MEAN THE ADVISORY BODY TO THE COMMISSIONER, CREATED  PURSUANT  TO
 THE PROVISIONS OF SECTION TWO HUNDRED SIXTY-NINE-B OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11505-01-1
              

 A. 8171                             2
 
   §  269-A.  OFFICE  OF HEALTH PROFESSIONAL NUTRITION EDUCATION CREATED.
 THERE IS HEREBY CREATED  AN  OFFICE  OF  HEALTH  PROFESSIONAL  NUTRITION
 EDUCATION WITHIN THE DEPARTMENT.  SUCH OFFICE SHALL:
   1.  ASSIST HEALTH PROFESSIONAL TRAINING PROGRAMS IN DEVELOPING CURRIC-
 ULA  AND PROGRAMS TO IMPROVE THE EDUCATION OF  HEALTH  PROFESSIONALS  IN
 THE TOPICS OF DIET AND NUTRITION. THIS MAY BE ACCOMPLISHED BY ESTABLISH-
 ING  CORE  COMPETENCIES  IN  NUTRITION  FOR RELEVANT HEALTH PROFESSIONAL
 TRAINING PROGRAMS, ACTING  AS  A  CLEARINGHOUSE  FOR  INFORMATION  ABOUT
 EXISTING  INITIATIVES  AND AVAILABLE CURRICULAR OFFERINGS, AND PROVIDING
 RECOGNITION FOR HEALTH PROFESSIONAL  TRAINING  PROGRAMS  WITH  EXCELLENT
 CURRICULAR OFFERINGS IN NUTRITION.
   2.  APPLY  FOR GRANTS AND ACCEPT GIFTS FROM PRIVATE AND PUBLIC SOURCES
 FOR RESEARCH TO IMPROVE AND ENHANCE  THE  EDUCATION  OF  HEALTH  PROFES-
 SIONALS  REGARDING  DIET  AND NUTRITION.   THE OFFICE SHALL ALSO PROMOTE
 NUTRITION EDUCATION RESEARCH IN  UNIVERSITIES  AND  COLLEGES,  INCLUDING
 RESEARCH  REGARDING THE IMPACT OF PHYSICIAN NUTRITION EDUCATION ON POPU-
 LATION HEALTH.
   3. TOGETHER WITH THE COUNCIL, SERVE AS LIAISON TO  THE  DEPARTMENT  ON
 MATTERS  REGARDING  THE  EDUCATION OF HEALTH PROFESSIONALS IN NUTRITION.
 THIS FUNCTION SHALL INCLUDE THE PROVISION OF STAFF SUPPORT TO THE  COUN-
 CIL  AND  THE  PREPARATION  AND  DISTRIBUTION  OF  TRIENNIAL  REPORTS AS
 PROVIDED FOR IN SECTION TWO HUNDRED SIXTY-NINE-C OF THIS TITLE.
   § 269-B. HEALTH PROFESSIONAL NUTRITION EDUCATION COUNCIL.    1.  THERE
 SHALL  BE  ESTABLISHED WITHIN THE OFFICE A HEALTH PROFESSIONAL NUTRITION
 EDUCATION COUNCIL TO  BE  COMPOSED  OF  THE  COMMISSIONER  AND  FOURTEEN
 MEMBERS  TO  BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF
 THE SENATE. THE GOVERNOR SHALL DESIGNATE  ONE  OF  THE  MEMBERS  OF  THE
 PUBLIC  HEALTH  AND HEALTH PLANNING COUNCIL AS ITS CHAIR. THE MEMBERS OF
 THE COUNCIL SHALL INCLUDE  DEANS  OR  OTHER  REPRESENTATIVES  OF  HEALTH
 PROFESSIONAL TRAINING PROGRAMS; REPRESENTATIVES OF HEALTH PROFESSIONALS;
 AND INDIVIDUALS WITH EXPERTISE IN PUBLIC HEALTH, HEALTH PLANNING, HEALTH
 WORKFORCE EDUCATION, NUTRITION DIETETICS, AND LIFESTYLE MEDICINE.
   2.  A. THE COUNCIL SHALL, AT THE REQUEST OF THE COMMISSIONER, CONSIDER
 ANY MATTER RELATING TO THE NUTRITION EDUCATION AND  TRAINING  OF  HEALTH
 PROFESSIONALS, AND MAY ADVISE THE COMMISSIONER THEREON; AND IT MAY, FROM
 TIME TO TIME, SUBMIT TO THE COMMISSIONER ANY RECOMMENDATIONS RELATING TO
 THE PROVISION OF HEALTH PROFESSIONAL NUTRITION EDUCATION.
   B.  THE COUNCIL SHALL ALSO ASSIST THE OFFICE WITH ITS RESPONSIBILITIES
 AS DELINEATED  IN  SECTION  TWO  HUNDRED  SIXTY-NINE-A  OF  THIS  TITLE;
 CONTRIBUTE  TO  THE  TRIENNIAL  REPORT  REQUIRED PURSUANT TO SECTION TWO
 HUNDRED SIXTY-NINE-C OF THIS TITLE; AND ACT AS LIAISON AND  ADVOCATE  ON
 HEALTH PROFESSIONAL NUTRITION EDUCATION MATTERS.
   3.  A.  THE  TERMS  OF OFFICE OF MEMBERS OF THE COUNCIL SHALL BE THREE
 YEARS. THE MEMBERS OF THE COUNCIL SHALL CONTINUE  IN  OFFICE  UNTIL  THE
 EXPIRATION  OF  THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND
 HAVE QUALIFIED.  SUCH APPOINTMENTS SHALL BE MADE BY THE  GOVERNOR,  WITH
 THE  ADVICE  AND  CONSENT  OF  THE SENATE, WITHIN ONE YEAR FOLLOWING THE
 EXPIRATION OF SUCH TERMS.
   B. VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE  GOVERNOR  FOR  THE
 UNEXPIRED  TERMS  WITHIN  ONE YEAR OF THE DATE UPON WHICH SUCH VACANCIES
 OCCUR.
   4. THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS  MAY  REQUIRE,
 BUT NOT LESS THAN TWO TIMES A YEAR. MEETINGS MAY BE CALLED BY THE CHAIR-
 PERSON AT THE REQUEST OF THE COMMISSIONER.

 A. 8171                             3
 
   5.  THE  MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION OTHER
 THAN REIMBURSEMENT OF ACTUAL AND  NECESSARY  EXPENSES  INCURRED  IN  THE
 PERFORMANCE OF THEIR DUTIES HEREUNDER.
   6.  STAFF  SUPPORT FOR THE COUNCIL SHALL BE PROVIDED FOR BY THE OFFICE
 AS PROVIDED FOR IN SECTION TWO HUNDRED SIXTY-NINE-A OF THIS TITLE.
   7. THE ENTIRETY OF EACH MEETING OF THE COUNCIL SHALL BE  LIVE  WEBCAST
 TO  THE  PUBLIC ON THE DEPARTMENT'S WEBSITE AND SHALL BE ARCHIVED ON THE
 DEPARTMENT'S WEBSITE, FOR A PERIOD OF NO LESS  THAN  TWO  YEARS,  WITHIN
 TWENTY-FOUR  HOURS  OF THE ADJOURNMENT OF THE LAST MEETING.  THE DEPART-
 MENT SHALL PROVIDE NOTICE TO THE PUBLIC, VIA THE  DEPARTMENT'S  WEBSITE,
 OF THE AVAILABILITY OF THE LIVE WEBCAST OF EACH SUCH MEETING.
   § 269-C. PREPARATION AND DISTRIBUTION OF REPORTS. THE DEPARTMENT SHALL
 SUBMIT A TRIENNIAL REPORT TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING
 THE  ACTIVITIES  OF THE OFFICE, THE STATUS OF HEALTH PROFESSIONAL NUTRI-
 TION EDUCATION IN NEW YORK, AND THE POLICY OPTIONS AVAILABLE TO INCREASE
 HEALTH PROFESSIONAL NUTRITION EDUCATION. THE FIRST SUCH REPORT SHALL  BE
 TRANSMITTED ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR. SUCH
 REPORTS SHALL CONTAIN THE FOLLOWING INFORMATION:
   1.  ACTIVITIES  OF  THE  OFFICE, EXPENDITURES INCURRED IN CARRYING OUT
 SUCH ACTIVITIES, AND ANTICIPATED ACTIVITIES  TO  BE  UNDERTAKEN  IN  THE
 FUTURE.
   2. PROGRESS IN CARRYING OUT THE FUNCTIONS AND DUTIES LISTED IN SECTION
 TWO HUNDRED SIXTY-NINE-A OF THIS TITLE.
   3.  AN  ANALYSIS OF THE STATUS OF HEALTH PROFESSIONAL NUTRITION EDUCA-
 TION  IN NEW YORK, THE POLICY  OPTIONS  AVAILABLE  TO  ENCOURAGE  HEALTH
 PROFESSIONAL  TRAINING PROGRAMS TO PROVIDE ADEQUATE NUTRITION EDUCATION,
 AND THE POLICY OPTIONS AVAILABLE TO ENCOURAGE HEALTH PROFESSIONALS THEM-
 SELVES TO OBTAIN ADEQUATE NUTRITION EDUCATION. SUCH  ANALYSIS  SHALL  BE
 CONDUCTED IN COOPERATION WITH THE COUNCIL.
   4.  ANY  RECOMMENDED  IMPROVEMENTS TO PROGRAMS AND/OR REGULATIONS THAT
 WOULD IMPROVE THE NUTRITION EDUCATION OF HEALTH PROFESSIONALS.
   § 2. This act shall take effect immediately.