S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9142
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education  law  and  the  social  services  law,  in
   relation  to  the  licensure  of  dietitians and nutritionists; and to
   repeal certain provisions of the education law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declaration of purpose. The legis-
 lature  finds  that  the application of scientific knowledge relating to
 dietetics and nutrition is important in effective  care,  treatment  and
 prevention of disease or trauma and in the attainment and maintenance of
 health,  and  acknowledges that the rendering and communication of sound
 dietetic and nutrition services in hospitals,  nursing  homes,  extended
 care and ambulatory care settings, school districts, health departments,
 private  practice  and  consultation,  and  in  other  settings requires
 trained and competent professionals. The legislature further finds  that
 it is necessary in the provision of medical nutrition therapy, and ther-
 apeutic  diets,  for such professionals to be licensed under article 157
 of the education law to ensure quality nutrition care, consisting  of  a
 nutrition  assessment,  nutrition  diagnosis, nutrition intervention and
 the monitoring and evaluation of outcomes directly related to the nutri-
 tion care process. Therefore, it is hereby declared to be the purpose of
 this act to protect the health, safety, and welfare  of  the  public  by
 providing  for the licensure and regulation of the activities of persons
 engaged in the practice of dietetics and nutrition.
   § 2. 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"] "LICENSED NUTRI-
 TIONIST" OR "LN" AND "LICENSED DIETITIAN NUTRITIONIST" OR "LDN" AND  THE
 PRACTICE  OF  DIETETICS  AND  NUTRITION.   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.
                                                            LBD13996-03-4
              

 S. 9142                             2
 
   § 3. 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  applica-
 tion 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.] FOR THE PURPOSES OF THIS ARTICLE,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "DEGREE"  MEANS  A  DEGREE  RECEIVED  FROM A COLLEGE OR UNIVERSITY
 ACCREDITED BY THE DEPARTMENT AND ACCREDITED BY  THE  APPROPRIATE  UNITED
 STATES  REGIONAL ACCREDITATION BODY RECOGNIZED BY THE COUNCIL FOR HIGHER
 EDUCATION ACCREDITATION AND THE UNITED STATES DEPARTMENT OF EDUCATION AT
 THE TIME THE DEGREE WAS RECEIVED, OR A VALIDATED FOREIGN EQUIVALENT.
   2. "DIETETICS" MEANS THE INTEGRATION  AND  APPLICATION  OF  SCIENTIFIC
 PRINCIPLES  DERIVED  FROM  THE  STUDY  OF FOOD, NUTRITION, BIOCHEMISTRY,
 METABOLISM, NUTRIGENOMICS, PHYSIOLOGY, PHARMACOLOGY,  AND  FOOD  SYSTEMS
 AND MANAGEMENT AND FROM BEHAVIORAL AND SOCIAL SCIENCES FOR ACHIEVING AND
 MAINTAINING HEALTH THROUGHOUT THE LIFESPAN. THE PRACTICE OF DIETETICS IS
 PRIMARILY  THE  PROVISION  OF NUTRITION CARE SERVICES, INCLUDING MEDICAL
 NUTRITION THERAPY PROVIDED VIA THE NUTRITION CARE PROCESS, IN PERSON  OR
 VIA  TELEHEALTH, TO PREVENT, MANAGE, OR TREAT DISEASES OR MEDICAL CONDI-
 TIONS AND PROMOTE WELLNESS. CONSISTENT WITH THE LEVEL OF COMPETENCE, THE
 PRACTICE OF DIETETICS MAY INCLUDE:
   (A) ACCEPTING OR TRANSMITTING ORAL, VERBAL,  DELEGATED,  OR  ELECTRON-
 ICALLY  TRANSMITTED  ORDERS  FROM  THE  REFERRING  LICENSED  INDEPENDENT
 PROVIDER CONSISTENT WITH APPLICABLE LAWS AND RULES IN  CONJUNCTION  WITH
 PROTOCOLS ESTABLISHED TO IMPLEMENT MEDICAL NUTRITION THERAPY;
   (B)   ORDERING  PATIENT  DIETS,  INCLUDING  THERAPEUTIC  DIETS,  WHICH
 INCLUDES ORAL, ENTERAL, AND PARENTERAL NUTRITION THERAPY;
   (C) ORDERING MEDICAL LABORATORY TESTS RELATED TO NUTRITIONAL THERAPEU-
 TIC TREATMENTS CONSISTENT WITH STATE LAW;
   (D) IMPLEMENTING PRESCRIPTION DRUG DOSE ADJUSTMENTS  IN  AN  INPATIENT
 SETTING  FOR  SPECIFIC  DISEASE TREATMENT PROTOCOLS WITHIN THE LIMITS OF
 HIS OR HER KNOWLEDGE, SKILLS, JUDGMENT,  AND  CURRENT  EVIDENCE-INFORMED
 CLINICAL  PRACTICE GUIDELINES AS INDICATED IN A FACILITY, MEDICAL STAFF,
 OR MEDICAL DIRECTOR APPROVED PROTOCOL AND AS APPROVED AND DELEGATED BY A
 LICENSED PRESCRIBING PRACTITIONER;
   (E) IMPLEMENTING PRESCRIPTION DRUG DOSE ADJUSTMENTS IN  AN  OUTPATIENT
 SETTING  FOR  SPECIFIC  DISEASE TREATMENT PROTOCOLS WITHIN THE LIMITS OF
 HIS OR HER KNOWLEDGE, SKILLS, AND JUDGMENT AND AS APPROVED BY AND  UNDER
 THE DELEGATION OF A LICENSED PRESCRIBING PRACTITIONER;
 S. 9142                             3

   (F)  RECOMMENDING  OR  ORDERING  VITAMIN,  MINERAL,  AND OTHER DIETARY
 SUPPLEMENTS OR DISCONTINUING USE OF UNNECESSARY  VITAMIN,  MINERAL,  AND
 DIETARY SUPPLEMENTS;
   (G) PRACTICING DIETETICS VIA TELEHEALTH SO LONG AS:
   (I)  IT  IS  APPROPRIATE  FOR  THE  INDIVIDUAL  OR GROUP RECEIVING THE
 SERVICES; AND
   (II) THE LEVEL OF CARE PROVIDED MEETS THE REQUIRED LEVEL OF  CARE  FOR
 THAT INDIVIDUAL OR GROUP;
   (H) DEVELOPING AND MANAGING FOOD SERVICE OPERATIONS FOR THE MANAGEMENT
 OR TREATMENT OF DISEASE OR MEDICAL CONDITIONS, INCLUDING OPERATIONS WITH
 THE  PRIMARY  FUNCTION  OF  NUTRITION CARE OR RECOMMENDING, ORDERING, OR
 PROVIDING THERAPEUTIC DIETS; AND
   (I) PROVIDING ADVANCED CLINICAL NUTRITION CARE  SERVICES  AND  RELATED
 SUPPORT  ACTIVITIES,  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS,
 CONSISTENT WITH CURRENT REQUIRED COMPETENCIES OF A UNITED STATES DEPART-
 MENT OF EDUCATION RECOGNIZED AND DEPARTMENT  APPROVED  ACCREDITING  BODY
 THAT PROMULGATES EDUCATION AND SUPERVISED PRACTICE STANDARDS FOR DIETET-
 ICS AND NUTRITION PRACTICE.
   3.  "GENERAL  NON-MEDICAL  NUTRITION INFORMATION" MEANS INFORMATION ON
 ANY OF THE FOLLOWING:
   (A) PRINCIPLES OF HUMAN NUTRITION AND FOOD PREPARATION;
   (B) PRINCIPLES OF SELF-CARE AND A HEALTHY RELATIONSHIP WITH FOOD;
   (C) ESSENTIAL NUTRIENTS NEEDED BY THE HUMAN BODY;
   (D) GENERAL AND NON-INDIVIDUALIZED RECOMMENDED  AMOUNTS  OF  ESSENTIAL
 NUTRIENTS IN THE HUMAN BODY BASED ON ESTABLISHED STANDARDS;
   (E) ACTIONS OF NUTRIENTS IN THE HUMAN BODY;
   (F)  NON-INDIVIDUALIZED  EFFECTS OF DEFICIENCIES OR EXCESSES OF NUTRI-
 ENTS IN THE HUMAN BODY;
   (G) GENERAL EDUCATION SURROUNDING FOODS, HERBS,  AND  DIETARY  SUPPLE-
 MENTS  THAT  ARE  GOOD SOURCES OF ESSENTIAL NUTRIENTS IN THE HUMAN BODY;
 AND
   (H) EVIDENCE BASED RECOMMENDATIONS ON NUTRITION AND DIET  TO  MAINTAIN
 GOOD HEALTH AND FOR THE PURPOSES OF PRIMARY PREVENTION.
   4.  "LICENSED  DIETITIAN  NUTRITIONIST"  MEANS  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, INCLUDING THE PROVISION OF MEDICAL NUTRITION THERAPY.
   5. "LICENSED NUTRITIONIST" MEANS 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,  INCLUDING  THE
 PROVISION OF MEDICAL NUTRITION THERAPY.
   6.  "MEDICAL  NUTRITION  THERAPY" MEANS THE PROVISION OF THE FOLLOWING
 NUTRITION CARE SERVICES FOR THE PURPOSE OF MANAGEMENT OR TREATMENT OF  A
 DISEASE OR MEDICAL CONDITION:
   (A) NUTRITION ASSESSMENT;
   (B) NUTRITION DIAGNOSIS;
   (C) NUTRITION INTERVENTION; AND
   (D) NUTRITION MONITORING AND EVALUATION.
   7.  "MEDICAL  WEIGHT CONTROL" MEANS MEDICAL NUTRITION THERAPY PROVIDED
 FOR THE PURPOSE OF REDUCING, MAINTAINING, OR GAINING WEIGHT.
   8. "NON-MEDICAL WEIGHT CONTROL" MEANS NUTRITION CARE SERVICES PROVIDED
 FOR THE PURPOSE OF REDUCING, MAINTAINING, OR GAINING WEIGHT THAT DO  NOT
 CONSTITUTE  THE  TREATMENT  OR MANAGEMENT OF A DISEASE OR MEDICAL CONDI-
 TION.  THE TERM INCLUDES WEIGHT CONTROL SERVICES FOR HEALTHY  POPULATION
 GROUPS TO ACHIEVE OR MAINTAIN A HEALTHY WEIGHT.
 S. 9142                             4
 
   9.  "NUTRITION"  MEANS  THE  INTEGRATION AND APPLICATION OF SCIENTIFIC
 PRINCIPLES DERIVED FROM THE STUDY OF  NUTRITION  SCIENCE,  CELLULAR  AND
 SYSTEMIC  METABOLISM,  BIOCHEMISTRY, PHYSIOLOGY, AND BEHAVIORAL SCIENCES
 FOR ACHIEVING AND MAINTAINING HEALTH THROUGHOUT THE LIFESPAN. THE  PRAC-
 TICE OF NUTRITION IS PRIMARILY THE PROVISION OF NUTRITION CARE SERVICES,
 INCLUDING  MEDICAL  NUTRITION  THERAPY,  IN PERSON OR VIA TELEHEALTH, TO
 PREVENT, MANAGE, OR TREAT DISEASES OR  MEDICAL  CONDITIONS  AND  PROMOTE
 WELLNESS.  CONSISTENT  WITH  THE  LEVEL  OF  COMPETENCE, THE PRACTICE OF
 NUTRITION MAY INCLUDE:
   (A) ACCEPTING OR TRANSMITTING ORAL, VERBAL, OR DELEGATED, OR ELECTRON-
 ICALLY  TRANSMITTED  ORDERS  FROM  THE  REFERRING  LICENSED  INDEPENDENT
 PROVIDER  CONSISTENT  WITH APPLICABLE LAWS AND RULES IN CONJUNCTION WITH
 PROTOCOLS ESTABLISHED TO IMPLEMENT MEDICAL NUTRITION THERAPY;
   (B) ORDERING PATIENT DIETS, INCLUDING THERAPEUTIC  DIETS.  THERAPEUTIC
 DIETS  CONSISTING  OF ENTERAL OR PARENTERAL NUTRITION THERAPY SHALL ONLY
 BE ORDERED BY A PRACTITIONER LICENSED UNDER THIS CHAPTER WHEN THE  PRAC-
 TITIONER MEETS ONE OF THE FOLLOWING CRITERIA:
   (I) THE INDIVIDUAL IS A LICENSED DIETITIAN NUTRITIONIST;
   (II)  THE INDIVIDUAL IS CERTIFIED IN NUTRITION SUPPORT BY AN ORGANIZA-
 TION ACCEPTABLE  TO  THE  COMMISSIONER  THAT  IS  ESTABLISHED  FOR  THIS
 PURPOSE; OR
   (III)  THE  INDIVIDUAL SATISFIES OTHER REQUIREMENTS ESTABLISHED BY THE
 EXAMINING BOARD BY RULE THAT ARE CONSISTENT WITH THE COMPETENCIES NECES-
 SARY FOR EVALUATING, ORDERING, AND ADMINISTERING ENTERAL AND  PARENTERAL
 NUTRITION THERAPIES;
   (C) ORDERING MEDICAL LABORATORY TESTS RELATED TO NUTRITIONAL THERAPEU-
 TIC TREATMENTS CONSISTENT WITH STATE LAW;
   (D)  IMPLEMENTING  PRESCRIPTION DRUG DOSE ADJUSTMENTS IN AN OUTPATIENT
 SETTING FOR SPECIFIC DISEASE TREATMENT PROTOCOLS WITHIN  THE  LIMITS  OF
 HIS  OR HER KNOWLEDGE, SKILLS, AND JUDGMENT AND AS APPROVED BY AND UNDER
 THE DELEGATION OF A LICENSED PRESCRIBING PRACTITIONER;
   (E) PROVIDING RECOMMENDATIONS ON VITAMIN, MINERAL, AND  OTHER  DIETARY
 SUPPLEMENTS;
   (F)  PRACTICING NUTRITION VIA TELEHEALTH AS DEFINED UNDER THIS CHAPTER
 SO LONG AS:
   (I) IT IS APPROPRIATE  FOR  THE  INDIVIDUAL  OR  GROUP  RECEIVING  THE
 SERVICES; AND
   (II)  THE  LEVEL OF CARE PROVIDED MEETS THE REQUIRED LEVEL OF CARE FOR
 THAT INDIVIDUAL OR GROUP.
   10. "NUTRITION ASSESSMENT" MEANS THE ONGOING, DYNAMIC, AND  SYSTEMATIC
 PROCESS OF ORDERING, OBTAINING, VERIFYING, AND INTERPRETING BIOCHEMICAL,
 ANTHROPOMETRIC,  PHYSICAL,  NUTRIGENOMIC, AND DIETARY DATA TO MAKE DECI-
 SIONS ABOUT THE NATURE AND CAUSE OF NUTRITION-RELATED PROBLEMS  RELATIVE
 TO  PATIENT  OR  COMMUNITY  NEEDS.  IT  INVOLVES  NOT  ONLY INITIAL DATA
 COLLECTION, BUT ALSO REASSESSMENT AND ANALYSIS OF PATIENT  OR  COMMUNITY
 NEEDS  AND  PROVIDES  THE  FOUNDATION FOR NUTRITION DIAGNOSIS AND NUTRI-
 TIONAL RECOMMENDATIONS AND  ORDERS.  NUTRITION  ASSESSMENT  MAY  REQUIRE
 ORDERING  LABORATORY  TESTS  TO  CHECK AND TRACK NUTRITIONAL STATUS. THE
 COLLECTION OF DATA DOES NOT, BY ITSELF, CONSTITUTE NUTRITION ASSESSMENT.
   11. "NUTRITION CARE  PROCESS"  MEANS  THE  SYSTEMATIC  PROBLEM-SOLVING
 METHOD  THAT  DIETITIAN  NUTRITIONISTS  USE TO CRITICALLY THINK AND MAKE
 DECISIONS WHEN PROVIDING MEDICAL NUTRITION THERAPY OR TO ADDRESS  NUTRI-
 TION RELATED PROBLEMS AND PROVIDE SAFE AND EFFECTIVE CARE. THE NUTRITION
 CARE PROCESS CONSISTS OF FOUR DISTINCT, BUT INTERRELATED STEPS INCLUDING
 NUTRITION  ASSESSMENT,  NUTRITION DIAGNOSIS, NUTRITION INTERVENTION, AND
 NUTRITION MONITORING AND EVALUATION.
 S. 9142                             5
 
   12. "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 STAND-
 ARDS OF QUALITY IN FOOD AND NUTRITION SERVICES.
   13. "NUTRITION COUNSELING" MEANS A SUPPORTIVE  PROCESS,  CHARACTERIZED
 BY  A  COLLABORATIVE  COUNSELOR-PATIENT RELATIONSHIP WITH INDIVIDUALS OR
 GROUPS, TO ESTABLISH FOOD AND NUTRITION PRIORITIES,  GOALS,  INDIVIDUAL-
 IZED  ACTION PLANS AND GENERAL PHYSICAL ACTIVITY GUIDANCE, THAT ACKNOWL-
 EDGE AND FOSTER RESPONSIBILITY FOR  SELF-CARE,  TO  PROMOTE  HEALTH  AND
 WELLNESS OR TO TREAT OR MANAGE AN EXISTING DISEASE OR MEDICAL CONDITION.
   14.  "NUTRITION  DIAGNOSIS"  IN THE CONTEXT OF DIETETICS AND NUTRITION
 PRACTICE MEANS IDENTIFYING AND LABELING NUTRITIONAL PROBLEMS MANAGED AND
 TREATED BY A LICENSED DIETITIAN NUTRITIONIST  BUT  DOES  NOT  INCLUDE  A
 MEDICAL DIAGNOSIS OF THE HEALTH STATUS OF AN INDIVIDUAL. NOTHING IN THIS
 ARTICLE  SHALL  AUTHORIZE  A  LICENSED  DIETITIAN NUTRITIONIST TO MAKE A
 MEDICAL DIAGNOSIS.
   15.  "NUTRITION  INTERVENTION"  MEANS  PURPOSEFULLY  PLANNED  ACTIONS,
 INCLUDING  NUTRITION  COUNSELING, INTENDED TO POSITIVELY CHANGE A NUTRI-
 TION-RELATED BEHAVIOR, RISK FACTOR, ENVIRONMENTAL CONDITION,  OR  ASPECT
 OF  THE  HEALTH  STATUS OF AN INDIVIDUAL, TARGET GROUPS, OR COMMUNITY AT
 LARGE. NUTRITION INTERVENTION INCLUDES APPROVING, ORDERING, AND MONITOR-
 ING THERAPEUTIC DIETS, AND COUNSELING  ON  FOOD  AND  PRESCRIPTION  DRUG
 INTERACTIONS.
   16.  "NUTRITION  MONITORING  AND EVALUATION" MEANS IDENTIFYING PATIENT
 OUTCOMES RELEVANT TO A  NUTRITION  DIAGNOSIS,  INTERVENTION  PLANS,  AND
 GOALS  AND  COMPARING  THOSE  OUTCOMES  WITH A PATIENT'S PREVIOUS HEALTH
 STATUS, INTERVENTION GOALS, OR  REFERENCE  STANDARDS  TO  DETERMINE  THE
 PROGRESS MADE IN ACHIEVING DESIRED OUTCOMES OF NUTRITION CARE AND WHETH-
 ER PLANNED INTERVENTIONS SHOULD BE CONTINUED OR REVISED.
   17.   "PATIENT"  MEANS  AN  INDIVIDUAL  RECIPIENT  OF  NUTRITION  CARE
 SERVICES, WHETHER IN THE OUTPATIENT, INPATIENT, OR NONCLINICAL SETTING.
   18. "PROGRAMMATICALLY ACCREDITED" MEANS ACCREDITATION BY AN  AUTHORIZ-
 ING  BODY  RECOGNIZED  BY THE UNITED STATES DEPARTMENT OF EDUCATION AS A
 RELIABLE AUTHORITY CONCERNING THE QUALITY  OF  DIETETICS  AND  NUTRITION
 EDUCATION  OR  TRAINING  OFFERED  BY INSTITUTIONS OF HIGHER EDUCATION OR
 HIGHER EDUCATION PROGRAMS.
   19. "QUALIFIED SUPERVISOR" MEANS AN INDIVIDUAL  PROVIDING  SUPERVISION
 WHO  ASSUMES FULL PROFESSIONAL RESPONSIBILITY FOR THE WORK OF THE SUPER-
 VISEE BY VERIFYING, DIRECTING, AND APPROVING THE PROVIDED NUTRITION CARE
 SERVICES AND OTHER WORK BEING SUPERVISED.  TO  QUALIFY  AS  A  QUALIFIED
 S. 9142                             6
 
 SUPERVISOR FOR PURPOSES OF THIS ARTICLE, AN INDIVIDUAL SHALL MEET ALL OF
 THE FOLLOWING REQUIREMENTS:
   (A)  IF  SUPERVISING  A  STUDENT  OR  TRAINEE WHO IS PROVIDING MEDICAL
 NUTRITION THERAPY, THE QUALIFIED SUPERVISOR SHALL BE ONE OF THE  FOLLOW-
 ING:
   (I)  A  NEW  YORK  LICENSED  DIETITIAN NUTRITIONIST, NEW YORK LICENSED
 NUTRITIONIST, OR A HEALTH CARE PROVIDER LICENSED  OR  CERTIFIED  IN  ANY
 STATE  OR  TERRITORY, INCLUDING LICENSED OR CERTIFIED DIETITIANS, DIETI-
 TIAN NUTRITIONISTS, OR NUTRITIONISTS, WHOSE SCOPE OF  PRACTICE  INCLUDES
 THE PROVISION OF MEDICAL NUTRITION THERAPY;
   (II) IN THE CASE OF THE SUPERVISOR SUPERVISING A STUDENT OR TRAINEE IN
 A  STATE  THAT DOES NOT PROVIDE FOR LICENSURE OR CERTIFICATION OF DIETI-
 TIANS, DIETITIAN NUTRITIONISTS, OR NUTRITIONISTS, THE  SUPERVISOR  MEETS
 SUCH OTHER CRITERIA AS THE BOARD MAY ESTABLISH; OR
   (III)  AN  EMPLOYEE  OF  THE  FEDERAL GOVERNMENT AUTHORIZED WITHIN THE
 DISCHARGE OF HIS OR HER OFFICIAL DUTIES  TO  PROVIDE  MEDICAL  NUTRITION
 THERAPY.
   (B) A QUALIFIED SUPERVISOR SHALL ONLY SUPERVISE A CLINICAL ACTIVITY OR
 NUTRITION  CARE  SERVICE FOR WHICH THE QUALIFIED SUPERVISOR IS QUALIFIED
 AND IS AUTHORIZED TO PERFORM.
   (C) UNLESS EXEMPT UNDER SECTION EIGHT THOUSAND SEVEN OF THIS  ARTICLE,
 A  QUALIFIED SUPERVISOR SHALL BE LICENSED IN THIS STATE IF THE QUALIFIED
 SUPERVISOR IS SUPERVISING A STUDENT OR TRAINEE WHO IS PROVIDING  MEDICAL
 NUTRITION THERAPY TO AN INDIVIDUAL LOCATED IN THIS STATE.
   (D)  A  QUALIFIED SUPERVISOR SHALL DEVELOP AND CARRY OUT A PROGRAM FOR
 ADVANCING AND OPTIMIZING THE QUALITY OF CARE PROVIDED BY THE STUDENT  OR
 TRAINEE BEING SUPERVISED. A QUALIFIED SUPERVISOR AND A STUDENT OR TRAIN-
 EE  BEING  SUPERVISED  SHALL  IDENTIFY AND DOCUMENT GOALS FOR SUPERVISED
 PRACTICE EXPERIENCE, THE ASSIGNMENT OF CLINICAL TASKS AS APPROPRIATE  TO
 THE   SUPERVISEE'S   EVOLVING  LEVEL  OF  COMPETENCE,  THE  SUPERVISEE'S
 RELATIONSHIP AND ACCESS TO THE QUALIFIED SUPERVISOR, AND A  PROCESS  FOR
 EVALUATING THE STUDENT OR TRAINEE'S PERFORMANCE.
   (E) A QUALIFIED SUPERVISOR SHALL OVERSEE THE ACTIVITIES OF AND APPROVE
 AND  ACCEPT  RESPONSIBILITY  FOR THE NUTRITION CARE SERVICES RENDERED BY
 THE SUPERVISEE.
   (F) A QUALIFIED SUPERVISOR SHALL, AT A MINIMUM, BE PHYSICALLY  ON-SITE
 AND PRESENT WHERE THE SUPERVISEE IS PROVIDING NUTRITION CARE SERVICES OR
 BE  IMMEDIATELY AND CONTINUOUSLY AVAILABLE TO THE SUPERVISEE BY MEANS OF
 TWO-WAY REAL-TIME AUDIOVISUAL TECHNOLOGY THAT  ALLOWS  FOR  THE  DIRECT,
 CONTEMPORANEOUS  INTERACTION  BY  SIGHT  AND SOUND BETWEEN THE QUALIFIED
 SUPERVISOR AND THE SUPERVISEE. IF THE  QUALIFIED  SUPERVISOR  ASSIGNS  A
 NUTRITION  CARE  SERVICE  TO  A  SUPERVISEE  THAT IS TO BE PROVIDED IN A
 SETTING WHERE THE QUALIFIED SUPERVISOR IS  NOT  ROUTINELY  PRESENT,  THE
 QUALIFIED  SUPERVISOR  SHALL ENSURE THAT THE MEANS AND METHODS OF SUPER-
 VISION ARE ADEQUATE  TO  ENSURE  APPROPRIATE  PATIENT  CARE,  WHICH  MAY
 INCLUDE  SYNCHRONOUS  VIDEOCONFERENCING,  OR  ANOTHER METHOD OF COMMUNI-
 CATION AND OVERSIGHT THAT IS APPROPRIATE TO THE  CARE  SETTING  AND  THE
 EDUCATION AND EXPERIENCE OF THE SUPERVISEE.
   (G) A QUALIFIED SUPERVISOR SHALL REVIEW ON A REGULAR BASIS THE CHARTS,
 RECORDS,  AND  CLINICAL  NOTES  OF  THE PERSONS SUPERVISED, AND MAINTAIN
 RESPONSIBILITY FOR THE SUPERVISEE'S CLINICAL RECORD KEEPING.
   (H) A QUALIFIED SUPERVISOR SHALL BE  AVAILABLE  TO  RENDER  ASSISTANCE
 DURING  THE  PROVISION  OF NUTRITION CARE SERVICES WHEN REQUESTED BY THE
 PATIENT OR SHALL  HAVE  ARRANGED  FOR  ANOTHER  QUALIFIED  PRACTITIONER,
 LAWFULLY  ABLE TO RENDER NUTRITION CARE SERVICES, TO BE AVAILABLE IN THE
 ABSENCE OF THE QUALIFIED SUPERVISOR.
 S. 9142                             7

   (I) A QUALIFIED SUPERVISOR SHALL LIMIT  THE  ASSIGNMENT  OF  NUTRITION
 CARE SERVICES TO THOSE SERVICES THAT ARE WITHIN THE TRAINING AND EXPERI-
 ENCE  OF  THE  SUPERVISEE AND CUSTOMARY TO THE PRACTICE OF THE QUALIFIED
 SUPERVISOR.
   20.  "TELEHEALTH" MEANS THE USE OF ELECTRONIC INFORMATION AND TELECOM-
 MUNICATIONS TECHNOLOGIES TO PROVIDE SERVICES UNDER THIS ARTICLE  BETWEEN
 A  PRACTITIONER IN ONE LOCATION AND AN INDIVIDUAL IN ANOTHER LOCATION TO
 SUPPORT CLINICAL HEALTH  CARE,  PUBLIC  HEALTH,  PATIENT  HEALTH-RELATED
 EDUCATION, AND HEALTH ADMINISTRATION.
   21.  "THERAPEUTIC  DIET"  MEANS  A  DIET  INTERVENTION PRESCRIBED BY A
 PHYSICIAN, OR OTHER HEALTH PROFESSIONAL LICENSED UNDER THIS TITLE,  THAT
 PROVIDES  FOOD  OR  NUTRIENTS VIA ORAL, ENTERAL, OR PARENTERAL ROUTES AS
 PART OF TREATMENT OF A DISEASE OR CLINICAL CONDITION TO  MODIFY,  ELIMI-
 NATE, DECREASE, OR INCREASE IDENTIFIED MICRONUTRIENTS AND MACRONUTRIENTS
 IN THE DIET, OR TO PROVIDE MECHANICALLY ALTERED FOOD WHEN INDICATED.
   22.  "UNRESTRICTED  PRACTICE  OF  MEDICAL NUTRITION THERAPY" MEANS THE
 APPLICATION OF DIETETICS AND NUTRITION KNOWLEDGE AND SKILLS BY AN  INDI-
 VIDUAL  WHO  REGULATES AND IS RESPONSIBLE FOR HIS OR HER OWN PRACTICE OR
 TREATMENT PROCEDURES.
   § 4. Section 8002 of the education law, as added by chapter 635 of the
 laws of 1991, is amended to read as follows:
   § 8002. [Use] PRACTICE AND AUTHORIZATION of titles. 1. Only  a  person
 [certified  under  this  article  shall  be  authorized to use the title
 "certified dietitian", "certified dietician", or  "certified  nutrition-
 ist"] LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE
 OR OFFER TO PROVIDE MEDICAL NUTRITION THERAPY.
   2.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,
 NO PERSON MAY DESIGNATE OR HOLD HIMSELF OR HERSELF OUT  AS  A  DIETITIAN
 NUTRITIONIST  OR  USE  OR  ASSUME  THE  TITLE  "DIETITIAN NUTRITIONIST",
 "LICENSED DIETITIAN NUTRITIONIST", "DIETICIAN", OR ANY OTHER TITLE INDI-
 CATING THAT THE PERSON IS A LICENSED DIETITIAN NUTRITIONIST OR APPEND TO
 OR USE IN CONJUNCTION WITH THAT PERSON'S NAME THE LETTERS "LDN" OR  "LD"
 UNLESS  THE  PERSON  IS  LICENSED AS A DIETITIAN NUTRITIONIST UNDER THIS
 ARTICLE.
   3. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FIVE OF  THIS  SECTION,
 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 NUTRI-
 TIONIST UNDER THIS ARTICLE.
   4.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,
 NO PERSON MAY DESIGNATE OR HOLD HIMSELF OR HERSELF OUT AS A NUTRITIONIST
 OR USE OR ASSUME THE TITLE "NUTRITIONIST" UNLESS THE PERSON IS  LICENSED
 UNDER THIS ARTICLE.
   5.  A  PERSON  MAY  USE A LAWFULLY EARNED FEDERALLY TRADEMARKED TITLE,
 INCLUDING THE FOLLOWING, SO LONG AS SUCH PERSON  IS  NOT  PRACTICING  IN
 VIOLATION  OF  THIS  ARTICLE  AND DOES NOT IMPLY ORALLY OR IN WRITING OR
 INDICATE IN ANY WAY THAT  THE  PERSON  IS  A  LICENSED  NUTRITIONIST  OR
 LICENSED DIETITIAN NUTRITIONIST.
   (A)  A  REGISTERED  DIETITIAN OR REGISTERED DIETITIAN NUTRITIONIST MAY
 USE THE TITLES "REGISTERED DIETITIAN" OR  "REGISTERED  DIETITIAN  NUTRI-
 TIONIST" AND USE IN CONJUNCTION WITH HIS OR HER NAME THE LETTERS "RD" OR
 "RDN".
   (B)  A  PERSON  WHO  HOLDS A CERTIFIED NUTRITION SPECIALIST CREDENTIAL
 FROM THE BOARD  FOR  CERTIFICATION  OF  NUTRITION  SPECIALISTS,  OR  ITS
 SUCCESSOR  ORGANIZATION, MAY USE THE TITLE "CERTIFIED NUTRITION SPECIAL-
 IST".
 S. 9142                             8
 
   § 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] LICEN-
 SURE, 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  THOU-
 SAND  TWENTY-FOUR 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] SIX of whom shall  be  [certi-
 fied  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 stand-
 ards 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] LICENSED DIETITIAN NUTRITIONISTS  AND  TWO  OF
 WHOM  SHALL  BE  LICENSED NUTRITIONISTS PURSUANT TO THIS ARTICLE. 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 repre-
 sentatives  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 recommenda-
 tion 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;  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 NUTRI-
 TION OR A NUTRITION-RELATED SCIENCE LEADING  TO  COMPETENCE  IN  MEDICAL
 NUTRITION THERAPY, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   (B) EXPERIENCE: HAVE COMPLETED A PLANNED, CONTINUOUS, SUPERVISED PRAC-
 TICE  EXPERIENCE  SATISFACTORY  TO  THE BOARD AND IN ACCORDANCE WITH THE
 COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPERIENCE SHALL  REQUIRE
 DEMONSTRATION  OF COMPETENCE IN MEDICAL NUTRITION THERAPY AND INVOLVE AT
 LEAST ONE THOUSAND HOURS UNDER A QUALIFIED SUPERVISOR IN  THE  FOLLOWING
 PRACTICE  AREAS,  WITH  A  MINIMUM OF TWO HUNDRED HOURS IN EACH PRACTICE
 AREA: CONDUCTING NUTRITION ASSESSMENT AND NUTRITION DIAGNOSIS; NUTRITION
 INTERVENTION; AND NUTRITION MONITORING AND  EVALUATION.  THE  EXPERIENCE
 SHALL  BE  DETERMINED  BY  THE  BOARD  TO HAVE PREPARED THE APPLICANT TO
 S. 9142                             9
 
 PROVIDE NUTRITION CARE  SERVICES  FOR  VARIOUS  POPULATIONS  OF  DIVERSE
 CULTURES,  GENDERS,  AND ACROSS THE LIFE CYCLE, AND TO BE ABLE TO COMPE-
 TENTLY FORMULATE  ACTIONABLE  MEDICAL  NUTRITION  THERAPIES  AND  INTER-
 VENTIONS,  EDUCATION,  COUNSELING,  AND ONGOING CARE FOR THE PREVENTION,
 MODULATION, AND MANAGEMENT OF A  RANGE  OF  ACUTE  AND  CHRONIC  MEDICAL
 CONDITIONS; AND
   (C)  EXAMINATION:  PASSAGE  OF A NUTRITION EXAMINATION SATISFACTORY TO
 THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   2. (A) EACH APPLICANT FOR A LICENSE AS A LICENSED DIETITIAN NUTRITION-
 IST SHALL: BE AT LEAST TWENTY-ONE  YEARS  OF  AGE,  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 DIETETICS
 AND NUTRITION, SUBMIT ANY FEES AS REQUIRED  BY  THE  BOARD,  AND  SUBMIT
 PROOF OF ALL OF THE FOLLOWING:
   (I)  EDUCATION:  HAVE  RECEIVED  A  MASTERS  OR  DOCTORAL  DEGREE  AND
 COMPLETED A PROGRAMMATICALLY ACCREDITED DIDACTIC  PROGRAM  IN  DIETETICS
 APPROVED  BY  THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS;
   (II) 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 MEDICAL NUTRITION THERAPY AND CONSIST  OF
 SATISFACTORY  COMPLETION  OF A PROGRAMMATICALLY ACCREDITED EXPERIENCE OF
 NOT LESS THAN ONE THOUSAND HOURS UNDER THE SUPERVISION  OF  A  QUALIFIED
 SUPERVISOR.  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 THERA-
 PIES AND INTERVENTIONS, EDUCATION, COUNSELING, AND ONGOING CARE FOR  THE
 PREVENTION,  MODULATION,  AND MANAGEMENT OF A RANGE OF ACUTE AND CHRONIC
 MEDICAL CONDITIONS; AND
   (III) EXAMINATION: PASSAGE OF A DIETITIAN EXAMINATION SATISFACTORY  TO
 THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   (B)  AN  APPLICATION FOR A DIETITIAN NUTRITIONIST LICENSE SUBMITTED BY
 INDIVIDUALS, WHO PRIOR TO JANUARY FIRST, TWO THOUSAND  TWENTY-FOUR  HELD
 REGISTRATION  AS  A DIETITIAN BY A NATIONAL DIETETIC COMMISSION THAT HAS
 REGISTRATION STANDARDS ACCEPTABLE TO THE DEPARTMENT, AND CURRENTLY HOLDS
 SUCH REGISTRATION, IS GOVERNED BY THE PROVISIONS OF LAW IN EFFECT  IMME-
 DIATELY BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND THE FORMER LAW IS
 CONTINUED IN EFFECT FOR THAT PURPOSE.
   3. ALL APPLICANTS FOR LICENSURE AS A LICENSED NUTRITIONIST OR LICENSED
 DIETITIAN NUTRITIONIST SHALL PAY A FEE FOR AN INITIAL LICENSE, AND A FEE
 FOR EACH TRIENNIAL REGISTRATION PERIOD.
   § 7. Section 8005 of the education law is REPEALED.
   §  8.  Section 8006 of the education law is REPEALED and a new section
 8006 is added to read as follows:
   § 8006. SPECIAL CONDITIONS. 1. ANY PERSON WHO IS LICENSED AS A  CERTI-
 FIED  DIETITIAN OR A CERTIFIED NUTRITIONIST ON THE EFFECTIVE DATE OF THE
 CHAPTER OF THE LAWS OF  TWO  THOUSAND  TWENTY-FOUR  WHICH  AMENDED  THIS
 SECTION,  SHALL BE LICENSED AS A LICENSED DIETITIAN NUTRITIONIST WITHOUT
 MEETING ANY ADDITIONAL REQUIREMENTS SO LONG AS THEY HOLD REGISTRATION AS
 A DIETITIAN BY A NATIONAL  DIETETIC  COMMISSION  THAT  HAS  REGISTRATION
 STANDARDS ACCEPTABLE TO THE DEPARTMENT OR HAVE COMPLETED:
 S. 9142                            10
 
   (A)  A  BACHELOR'S OR HIGHER DEGREE FROM A PROGRAMMATICALLY ACCREDITED
 DIDACTIC PROGRAM APPROVED BY  THE  DEPARTMENT  IN  ACCORDANCE  WITH  THE
 COMMISSIONER'S REGULATIONS;
   (B)  A  SUPERVISED  PRACTICE EXPERIENCE ACCEPTABLE TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED THAT SUCH EXPE-
 RIENCE  CONSISTED  OF  SATISFACTORY  COMPLETION  OF  A  PROGRAMMATICALLY
 ACCREDITED  EXPERIENCE  APPROVED BY THE DEPARTMENT OF NOT LESS THAN NINE
 HUNDRED HOURS; AND
   (C) PASSAGE OF AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   2. ANY PERSON WHO IS LICENSED AS A CERTIFIED DIETITIAN OR A  CERTIFIED
 NUTRITIONIST  AND DOES NOT MEET THE REQUIREMENTS PROVIDED UNDER SUBDIVI-
 SION ONE OF THIS SECTION ON THE EFFECTIVE DATE OF  THE  CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  TWENTY-FOUR  WHICH AMEND THIS SECTION, SHALL BE
 LICENSED AS A  LICENSED  NUTRITIONIST  WITHOUT  MEETING  ANY  ADDITIONAL
 REQUIREMENTS.
   3.  ANY  NON-EXEMPT  PERSON  PRACTICING THE PROFESSIONS TO BE LICENSED
 PURSUANT TO THIS ARTICLE SHALL APPLY FOR A LICENSE WITHIN  ONE  YEAR  OF
 THE EFFECTIVE DATE OF THIS SECTION.
   §  9. The education law is amended by adding two new sections 8007 and
 8008 to read as follows:
   § 8007. EXEMPTIONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT  OR
 PREVENT:
   1.  A  LICENSED  PHYSICIAN  FROM  PRACTICING  HIS OR HER PROFESSION AS
 DEFINED UNDER ARTICLES ONE HUNDRED THIRTY-ONE AND  ONE  HUNDRED  THIRTY-
 ONE-B  OF  THIS  TITLE;  A  REGISTERED PROFESSIONAL NURSE OR A CERTIFIED
 NURSE PRACTITIONER PRACTICING HIS OR HER  PROFESSION  AS  DEFINED  UNDER
 ARTICLE  ONE  HUNDRED  THIRTY-NINE  OF  THIS TITLE; A LICENSED PHYSICIAN
 ASSISTANT FROM HIS OR  HER  PROFESSION  AS  DEFINED  UNDER  ARTICLE  ONE
 HUNDRED  THIRTY-ONE-B  OF  THIS  TITLE;  OR  QUALIFIED  MEMBERS OF OTHER
 PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING WORK INCIDENTAL TO
 THE PRACTICE OF THEIR PROFESSIONS, EXCEPT THAT SUCH PERSONS MAY NOT HOLD
 THEMSELVES OUT UNDER THE TITLE AUTHORIZED BY THIS ARTICLE.
   2. A STUDENT, INTERN OR RESIDENT FROM  ENGAGING  IN  THE  PRACTICE  OF
 DIETETICS  OR  NUTRITION WHILE PARTICIPATING IN THE EDUCATION OR EXPERI-
 ENCE REQUIREMENTS UNDER SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE,  IF
 ANY OF THE FOLLOWING APPLY:
   (A) THE STUDENT OR TRAINEE WHO IS COMPLETING THEIR SUPERVISED PRACTICE
 EXPERIENCE  REQUIRED  UNDER  SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE
 PRACTICES UNDER THIS SUBDIVISION NOT MORE THAN FIVE YEARS AFTER COMPLET-
 ING EDUCATION REQUIREMENTS UNDER SECTION EIGHT  THOUSAND  FOUR  OF  THIS
 ARTICLE;
   (B) THE STUDENT OR TRAINEE PRACTICES UNDER THIS SUBDIVISION ONLY WHILE
 SUPERVISED  BY  A QUALIFIED SUPERVISOR AS DEFINED IN SECTION EIGHT THOU-
 SAND ONE OF THIS ARTICLE;
   (C) THE STUDENT OR TRAINEE DOES NOT ENGAGE IN THE  UNRESTRICTED  PRAC-
 TICE OF MEDICAL NUTRITION THERAPY; AND
   (D)  WHILE  PRACTICING  UNDER THIS SUBDIVISION, THE STUDENT OR TRAINEE
 USES A TITLE THAT CLEARLY INDICATES HIS OR  HER  STATUS  AS  A  STUDENT,
 INTERN, TRAINEE, OR SUPERVISEE.
   3.  A  DIETITIAN  NUTRITIONIST  OR  NUTRITIONIST WHO IS SERVING IN THE
 ARMED FORCES OF THE UNITED STATES  OR  ANY  OTHER  FEDERAL  AGENCY  FROM
 ENGAGING  IN THE PRACTICE OF MEDICAL NUTRITION THERAPY, OR USING GOVERN-
 MENT ISSUED TITLES, PROVIDED THAT SUCH PRACTICE OR TITLE USE IS  RELATED
 TO  SERVICE  OR  EMPLOYMENT,  PROVIDED  THAT SUCH PRACTICE IS RELATED TO
 SERVICE OR EMPLOYMENT.
 S. 9142                            11
 
   4. A PERSON WHO PROVIDES INDIVIDUALIZED NUTRITION RECOMMENDATIONS  FOR
 THE WELLNESS AND PRIMARY PREVENTION OF CHRONIC DISEASE, HEALTH COACHING,
 HOLISTIC  AND  WELLNESS EDUCATION, GUIDANCE, MOTIVATION, BEHAVIOR CHANGE
 MANAGEMENT, SERVICES FOR NON-MEDICAL WEIGHT CONTROL, OR OTHER  NUTRITION
 CARE SERVICES SO LONG AS ALL OF THE FOLLOWING APPLY:
   (A) THE SERVICES DO NOT CONSTITUTE MEDICAL NUTRITION THERAPY;
   (B)  THE  PERSON  DOES  NOT  REPRESENT HIMSELF OR HERSELF USING TITLES
 AUTHORIZED UNDER THIS ARTICLE; AND
   (C) THE PERSON DOES NOT HOLD HIMSELF OR HERSELF  OUT  AS  LICENSED  OR
 QUALIFIED TO ENGAGE IN THE PRACTICE OF MEDICAL NUTRITION THERAPY.
   5.  A  PERSON  WHO  DISSEMINATES  NON-INDIVIDUALIZED, WRITTEN, GENERAL
 NUTRITION INFORMATION IN CONNECTION WITH THE MARKETING AND  DISTRIBUTION
 OF DIETARY SUPPLEMENTS, FOOD, HERBS, OR FOOD MATERIALS, INCLUDING EXPLA-
 NATIONS  OF  THEIR  FEDERALLY REGULATED LABEL CLAIMS, ANY KNOWN DRUG-NU-
 TRIENT INTERACTIONS, THEIR ROLE IN VARIOUS DIETS, OR SUGGESTIONS AS  HOW
 TO  BEST  USE  AND  COMBINE  THEM  SO  LONG AS SUCH INFORMATION DOES NOT
 CONSTITUTE MEDICAL NUTRITION THERAPY AND THE PERSON DOES NOT USE  TITLES
 AUTHORIZED  UNDER  THIS ARTICLE OR HOLD HIMSELF OR HERSELF OUT AS QUALI-
 FIED TO ENGAGE IN THE PRACTICE OF MEDICAL NUTRITION THERAPY.
   6. A PERSON WHO PROVIDES  MEDICAL  WEIGHT  CONTROL  FOR  PERSONS  WITH
 OBESITY AS PART OF ANY OF THE FOLLOWING:
   (A)  AN INSTRUCTIONAL PROGRAM THAT HAS BEEN APPROVED IN WRITING BY ONE
 OF THE FOLLOWING:
   (I) A DIETITIAN NUTRITIONIST OR NUTRITIONIST LICENSED IN  THIS  STATE;
 OR
   (II)  A  HEALTH  CARE PRACTITIONER LICENSED OR CERTIFIED IN THIS STATE
 WHOSE SCOPE OF PRACTICE INCLUDES MEDICAL NUTRITION THERAPY; OR
   (B) A PLAN OF CARE THAT IS OVERSEEN BY A HEALTH PROFESSIONAL  LICENSED
 IN  THIS  STATE  WHOSE SCOPE OF PRACTICE OTHERWISE AUTHORIZES THE HEALTH
 PROFESSIONAL TO PROVIDE AND DELEGATE MEDICAL NUTRITION THERAPY, SO  LONG
 AS  THE MEDICAL WEIGHT CONTROL SERVICES ARE NOT DISCRETIONARY AND DO NOT
 REQUIRE THE EXERCISE OF PROFESSIONAL JUDGMENT.
   7. AN INDIVIDUAL EMPLOYED BY A WIC PROGRAM  AS  A  "COMPETENT  PROFES-
 SIONAL  AUTHORITY"  AS  DEFINED IN 7 C.F.R § 246.2 (1895) FROM PROVIDING
 NUTRITION SERVICES WITHIN SUCH WIC PROGRAM.  FOR  THE  PURPOSE  OF  THIS
 SUBDIVISION THE TERM "WIC PROGRAM" SHALL MEAN A PROGRAM AUTHORIZED BY 42
 U.S.C. § 1786; AND
   8.  A PERSON WHO DOES NOT UTILIZE TITLES AUTHORIZED UNDER THIS ARTICLE
 AND ASSISTS THE PROVISION OF MEDICAL NUTRITION  THERAPY  IF  THE  PERSON
 PERFORMS  ONLY SUPPORT ACTIVITIES THAT ARE NOT DISCRETIONARY AND THAT DO
 NOT REQUIRE THE EXERCISE OF PROFESSIONAL JUDGMENT FOR THEIR PERFORMANCE,
 AND THE PERSON IS DIRECTLY SUPERVISED BY  A  NUTRITIONIST  OR  DIETITIAN
 NUTRITIONIST LICENSED UNDER THIS TITLE.
   §  8008.  LIMITED PERMIT. 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
 TO PRACTICE AS A PROVISIONALLY LICENSED  NUTRITIONIST  OR  PROVISIONALLY
 LICENSED  DIETITIAN  NUTRITIONIST  TO AN APPLICANT FOR LICENSURE WHO HAS
 MET THE EDUCATION AND EXPERIENCE REQUIREMENTS FOR A LICENSED  NUTRITION-
 IST  OR  LICENSED  DIETITIAN  NUTRITIONIST  PROVIDED UNDER SECTION EIGHT
 THOUSAND FOUR OF THIS ARTICLE.
   2. THE DURATION OF A LIMITED PERMIT SHALL NOT EXCEED ONE YEAR FROM THE
 TIME OF ITS FIRST ISSUE AND THE DEPARTMENT MAY FOR GOOD  CAUSE  RENEW  A
 LIMITED  PERMIT  FOR  AN ADDITIONAL ONE YEAR PROVIDED THAT NO INDIVIDUAL
 SHALL PRACTICE UNDER ANY LIMITED PERMIT FOR MORE THAN  A  TOTAL  OF  TWO
 YEARS.
   3.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
 OF INDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE.
 S. 9142                            12
 
   4. THE FEE FOR A LIMITED PERMIT OR THE RENEWAL THEREOF SHALL BE SEVEN-
 TY-FIVE DOLLARS.
   §  10.  Subparagraph  (i)  of  paragraph a of subdivision 1 of section
 6503-a of the education law, as amended by chapter 554 of  the  laws  of
 2013, is amended to read as follows:
   (i)  services  provided  under  article  one  hundred  fifty-four, ONE
 HUNDRED FIFTY-SEVEN, one hundred sixty-three or one hundred  sixty-seven
 of this title for which licensure would be required, or
   § 11. Section 6505-b of the education law, as amended by chapter 10 of
 the laws of 2018, is amended to read as follows:
   § 6505-b. Course  work  or  training  in  infection control practices.
 Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
 optometrist [and], dental hygienist, LICENSED NUTRITIONIST, AND LICENSED
 DIETITIAN  NUTRITIONIST practicing in the state shall, on or before July
 first, nineteen hundred ninety-four and  every  four  years  thereafter,
 complete course work or training appropriate to the professional's prac-
 tice approved by the department regarding infection control, which shall
 include  sepsis, and barrier precautions, including engineering and work
 practice controls, in accordance with regulatory  standards  promulgated
 by  the department, in consultation with the department of health, which
 shall be consistent, as far as appropriate, with such standards  adopted
 by  the department of health pursuant to section two hundred thirty-nine
 of the public health law to prevent the transmission of  HIV,  HBV,  HCV
 and  infections  that could lead to sepsis in the course of professional
 practice. Each such professional shall document to the department at the
 time of registration commencing with the first registration  after  July
 first,  nineteen hundred ninety-four that the professional has completed
 course work or training  in  accordance  with  this  section,  provided,
 however  that  a professional subject to the provisions of paragraph (f)
 of subdivision one of section twenty-eight hundred five-k of the  public
 health  law  shall  not be required to so document. The department shall
 provide an exemption from this requirement to anyone who  requests  such
 an exemption and who (i) clearly demonstrates to the department's satis-
 faction  that  there  would  be  no need for him or her to complete such
 course work or training because of the nature of his or her practice  or
 (ii)  that he or she has completed course work or training deemed by the
 department to be equivalent to the course work or training  approved  by
 the  department  pursuant  to this section. The department shall consult
 with organizations representative of professions, institutions and those
 with expertise in infection control and HIV,  HBV,  HCV  and  infections
 that  could  lead  to  sepsis  with  respect to the regulatory standards
 promulgated pursuant to this section.
   § 11-a. Section 6505-b of the education law, as amended by chapter 733
 of the laws of 2023, is amended to read as follows:
   § 6505-b. Course work or  training  in  infection  control  practices.
 Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
 optometrist, athletic trainer,  [and]  dental  hygienist,  AND  LICENSED
 NUTRITIONIST,  AND  LICENSED  DIETITIAN  NUTRITIONIST  practicing in the
 state shall, on or before July first, nineteen hundred  ninety-four  and
 every  four years thereafter, complete course work or training appropri-
 ate to the professional's practice approved by the department  regarding
 infection  control, which shall include sepsis, and barrier precautions,
 including engineering and work practice  controls,  in  accordance  with
 regulatory standards promulgated by the department, in consultation with
 the department of health, which shall be consistent, as far as appropri-
 ate, with such standards adopted by the department of health pursuant to
 S. 9142                            13
 
 section  two hundred thirty-nine of the public health law to prevent the
 transmission of HIV, HBV, HCV and infections that could lead  to  sepsis
 in  the  course  of  professional practice. Each such professional shall
 document  to  the department at the time of registration commencing with
 the first registration after July first,  nineteen  hundred  ninety-four
 that  the  professional has completed course work or training in accord-
 ance with this section, provided, however that a professional subject to
 the provisions of paragraph (f) of subdivision one  of  section  twenty-
 eight  hundred  five-k of the public health law shall not be required to
 so document.  The  department  shall  provide  an  exemption  from  this
 requirement to anyone who requests such an exemption and who (i) clearly
 demonstrates  to  the  department's  satisfaction that there would be no
 need for him or her to complete such course work or training because  of
 the  nature  of his or her practice or (ii) that he or she has completed
 course work or training deemed by the department to be equivalent to the
 course work or training approved by  the  department  pursuant  to  this
 section.  The department shall consult with organizations representative
 of professions, institutions  and  those  with  expertise  in  infection
 control  and HIV, HBV, HCV and infections that could lead to sepsis with
 respect  to  the  regulatory  standards  promulgated  pursuant  to  this
 section.
   §  12.  Paragraph  a of subdivision 3 of section 6507 of the education
 law, as amended by chapter 479 of the laws of 2022, is amended  to  read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing,  on or after January first, nineteen hundred ninety-one, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
 trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
 licensed clinical  social  worker,  licensed  creative  arts  therapist,
 licensed  marriage  and family therapist, licensed mental health counse-
 lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
 analyst,  [or] certified behavior analyst assistant, LICENSED NUTRITION-
 IST OR LICENSED DIETITIAN NUTRITIONIST shall, in  addition  to  all  the
 other  licensure,  certification  or permit requirements, have completed
 two hours of coursework or training  regarding  the  identification  and
 reporting  of  child  abuse and maltreatment. The coursework or training
 shall be obtained  from  an  institution  or  provider  which  has  been
 approved  by  the department to provide such coursework or training. The
 coursework or training shall include information regarding the  physical
 and behavioral indicators of child abuse and maltreatment and the statu-
 tory  reporting  requirements  set out in sections four hundred thirteen
 through four hundred twenty of the social services  law,  including  but
 not  limited  to, when and how a report must be made, what other actions
 the reporter is mandated or authorized to take,  the  legal  protections
 afforded  reporters,  and  the  consequences for failing to report. Such
 coursework or training may also include information regarding the  phys-
 ical and behavioral indicators of the abuse of individuals with develop-
 mental  disabilities  and  voluntary  reporting  of  abused or neglected
 adults to the office for people with developmental disabilities  or  the
 local  adult protective services unit.  Each applicant shall provide the
 department with documentation showing that he or she has  completed  the
 required  training.  The  department shall provide an exemption from the
 S. 9142                            14
 
 child abuse and maltreatment training requirements to any applicant  who
 requests  such an exemption and who shows, to the department's satisfac-
 tion, that there would be no need because of the nature of  his  or  her
 practice for him or her to complete such training;
   §  12-a. Paragraph a of subdivision 3 of section 6507 of the education
 law, as amended by chapter 733 of the laws of 2023, is amended  to  read
 as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing,  on or after January first, nineteen hundred ninety-one, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
 trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
 licensed clinical  social  worker,  licensed  creative  arts  therapist,
 licensed  marriage  and family therapist, licensed mental health counse-
 lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
 analyst,  certified  behavior  analyst assistant, LICENSED NUTRITIONIST,
 LICENSED DIETITIAN NUTRITIONIST, or athletic trainer shall, in  addition
 to  all  the other licensure, certification or permit requirements, have
 completed two hours of coursework or training regarding the  identifica-
 tion  and  reporting  of child abuse and maltreatment. The coursework or
 training shall be obtained from an institution  or  provider  which  has
 been  approved by the department to provide such coursework or training.
 The coursework or training shall include information regarding the phys-
 ical and behavioral indicators of child abuse and maltreatment  and  the
 statutory  reporting requirements set out in sections four hundred thir-
 teen through four hundred twenty of the social services  law,  including
 but  not  limited  to,  when  and  how a report must be made, what other
 actions the reporter is  mandated  or  authorized  to  take,  the  legal
 protections  afforded  reporters,  and  the  consequences for failing to
 report. Such coursework or training may also include information regard-
 ing the physical and behavioral indicators of the abuse  of  individuals
 with  developmental  disabilities  and  voluntary reporting of abused or
 neglected adults to the office for people with  developmental  disabili-
 ties  or the local adult protective services unit.  Each applicant shall
 provide the department with documentation showing that  he  or  she  has
 completed  the  required  training.  The  department  shall  provide  an
 exemption from the child abuse and maltreatment training requirements to
 any applicant who requests such an  exemption  and  who  shows,  to  the
 department's  satisfaction,  that  there would be no need because of the
 nature of his or her practice for him or her to complete such training;
   § 13. Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 S. 9142                            15
 
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed   behavior   analyst;  certified  behavior  analyst  assistant;
 LICENSED NUTRITIONIST; LICENSED DIETITIAN NUTRITIONIST; hospital person-
 nel engaged in the admission, examination, care or treatment of persons;
 a Christian Science practitioner; school official, which includes but is
 not  limited  to  school  teacher,  school  guidance  counselor,  school
 psychologist,  school  social worker, school nurse, school administrator
 or other school personnel required to hold a teaching or  administrative
 license  or  certificate;  full or part-time compensated school employee
 required to hold a temporary coaching license or  professional  coaching
 certificate; social services worker; employee of a publicly-funded emer-
 gency shelter for families with children; director of a children's over-
 night  camp, summer day camp or traveling summer day camp, as such camps
 are defined in section thirteen hundred ninety-two of the public  health
 law;  day  care center worker; school-age child care worker; provider of
 family or group family day care; employee or volunteer in a  residential
 care  facility  for  children that is licensed, certified or operated by
 the office of children and family services; or any other child  care  or
 foster  care worker; mental health professional; substance abuse counse-
 lor; alcoholism counselor; all persons credentialed  by  the  office  of
 alcoholism  and substance abuse services; employees, who are expected to
 have regular and substantial contact with children, of a health home  or
 health  home  care  management  agency contracting with a health home as
 designated by the department of  health  and  authorized  under  section
 three hundred sixty-five-l of this chapter or such employees who provide
 home and community based services under a demonstration program pursuant
 to section eleven hundred fifteen of the federal social security act who
 are  expected  to  have  regular  and substantial contact with children;
 peace officer; police officer; district attorney or  assistant  district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   §  13-a.  Paragraph  (a) of subdivision 1 of section 413 of the social
 services law, as amended by chapter 733 of the laws of 2023, is  amended
 to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 athletic trainer; psychologist; registered nurse; social  worker;  emer-
 gency  medical  technician;  licensed  creative arts therapist; licensed
 marriage  and  family  therapist;  licensed  mental  health   counselor;
 licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
 analyst assistant; LICENSED NUTRITIONIST; LICENSED DIETITIAN  NUTRITION-
 IST;  hospital  personnel engaged in the admission, examination, care or
 S. 9142                            16
 
 treatment of persons; a Christian Science practitioner; school official,
 which includes but is not limited to  school  teacher,  school  guidance
 counselor,  school  psychologist,  school  social  worker, school nurse,
 school administrator or other school personnel required to hold a teach-
 ing  or administrative license or certificate; full or part-time compen-
 sated school employee required to hold a temporary coaching  license  or
 professional coaching certificate; social services worker; employee of a
 publicly-funded  emergency  shelter for families with children; director
 of a children's overnight camp, summer day camp or traveling summer  day
 camp,  as  such camps are defined in section thirteen hundred ninety-two
 of the public health law; day care center worker; school-age child  care
 worker;  provider of family or group family day care; employee or volun-
 teer in a residential care  facility  for  children  that  is  licensed,
 certified  or operated by the office of children and family services; or
 any other child care or foster care worker; mental health  professional;
 substance  abuse  counselor;  alcoholism  counselor; all persons creden-
 tialed by the  office  of  [alcoholism  and  substance  abuse  services]
 ADDICTION  SERVICES  AND  SUPPORTS;  employees, who are expected to have
 regular and substantial contact with  children,  of  a  health  home  or
 health  home  care  management  agency contracting with a health home as
 designated by the department of  health  and  authorized  under  section
 three hundred sixty-five-l of this chapter or such employees who provide
 home and community based services under a demonstration program pursuant
 to section eleven hundred fifteen of the federal social security act who
 are  expected  to  have  regular  and substantial contact with children;
 peace officer; police officer; district attorney or  assistant  district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   §  14.  Subdivision  5-a of section 488 of the social services law, as
 amended by chapter 205 of the laws  of  2014,  is  amended  to  read  as
 follows:
   5-a.  "Human  services professional" shall mean any: physician; regis-
 tered physician assistant; surgeon; medical examiner; coroner;  dentist;
 dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
 resident; intern; psychologist;  registered  nurse;  licensed  practical
 nurse;  nurse practitioner; social worker; emergency medical technician;
 licensed creative arts therapist; licensed marriage  and  family  thera-
 pist; licensed mental health counselor; licensed psychoanalyst; licensed
 behavior   analyst;   certified  behavior  analyst  assistant;  licensed
 speech/language pathologist or audiologist; licensed physical therapist;
 licensed occupational therapist; LICENSED NUTRITIONIST; LICENSED  DIETI-
 TIAN NUTRITIONIST; hospital personnel engaged in the admission, examina-
 tion,  care  or  treatment  of  persons; Christian Science practitioner;
 school official, which includes but is not limited  to  school  teacher,
 school  guidance  counselor,  school psychologist, school social worker,
 school nurse, school administrator or other school personnel required to
 hold a teaching or administrative license or certificate; full or  part-
 time  compensated  school employee required to hold a temporary coaching
 license or professional coaching certificate;  social  services  worker;
 any  other child care or foster care worker; mental health professional;
 person credentialed by the office  of  alcoholism  and  substance  abuse
 services;  peace officer; police officer; district attorney or assistant
 district attorney; investigator employed in the  office  of  a  district
 attorney; or other law enforcement official.
   §  15.  This act shall take effect eighteen months after it shall have
 become a  law;  provided,  however,  that  the  provisions  of  sections
 S. 9142                            17
 
 eleven-a,  twelve-a and thirteen-a  of this act shall take effect on the
 same date and in the same manner as chapter 733  of  the  laws  of  2023
 takes  effect.    Effective  immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.