S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9653
 
                             I N  S E N A T E
 
                               May 16, 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 dietitian nutritionists and nutrition-
   ists; 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. 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  DIETI-
 TIAN  NUTRITIONISTS  AND NUTRITIONISTS. A "LICENSED DIETITIAN NUTRITION-
 IST" 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 PRAC-
 TICE  NUTRITION,  WHICH  INCLUDES  THE  PRACTICE  OF  MEDICAL  NUTRITION
 THERAPY.  The general provision for all professions contained in article
 one hundred thirty of this title shall apply to this article.
   § 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15632-01-4
 S. 9653                             2

 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.]  1.  THE  PRACTICE  OF  DIETETICS
 ENCOMPASSES  THE  PRACTICE  OF NUTRITION AND INCLUDES PROVIDING ADVANCED
 MEDICAL NUTRITION THERAPY AND RELATED SUPPORT ACTIVITIES  INCLUDING  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; ORDER-
 ING  OR DISCONTINUING USE OF VITAMIN, MINERAL, AND OTHER DIETARY SUPPLE-
 MENTS; AND DEVELOPING AND  MANAGING  FOOD  SERVICE  OPERATIONS  FOR  THE
 MANAGEMENT OR TREATMENT OF DISEASE OR MEDICAL CONDITIONS.
   2.  THE PRACTICE OF NUTRITION INVOLVES THE PROVISION OF NUTRITION CARE
 SERVICES IN-PERSON OR VIA TELEHEALTH, INCLUDING MEDICAL NUTRITION THERA-
 PY, TO PREVENT, MANAGE, OR TREAT  DISEASES  OR  MEDICAL  CONDITIONS  AND
 PROMOTE  WELLNESS.  THE PRACTICE OF NUTRITION SHALL INCLUDE THE ORDERING
 OF PATIENT DIETS, INCLUDING 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 NUTRITIONIST OR USE  OR  ASSUME  THE
 TITLE   "DIETITIAN  NUTRITIONIST",  "LICENSED  DIETITIAN  NUTRITIONIST",
 "DIETICIAN", OR ANY OTHER TITLE INDICATING 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 SUCH PERSON IS LICENSED
 AS A DIETITIAN NUTRITIONIST 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.  "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.
 S. 9653                             3
 
   2. "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 SERVICE.
   § 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:
 S. 9653                             4
 
   §  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  NUTRITION,
 INCLUDING  MEDICAL NUTRITION THERAPY, IN ACCORDANCE WITH THE COMMISSION-
 ER'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 NUTRITION,  INCLUDING  MEDICAL  NUTRITION
 THERAPY AND INVOLVE AT LEAST ONE THOUSAND HOURS UNDER DIRECT SUPERVISION
 IN  THE FOLLOWING PRACTICE AREAS, WITH A MINIMUM OF TWO HUNDRED HOURS IN
 EACH PRACTICE AREA: CONDUCTING NUTRITION  ASSESSMENT;  NUTRITION  INTER-
 VENTION;  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 FORMU-
 LATE ACTIONABLE MEDICAL NUTRITION THERAPIES  AND  INTERVENTIONS,  EDUCA-
 TION,  COUNSELING,  AND ONGOING CARE FOR THE PREVENTION, MODULATION, AND
 MANAGEMENT OF A RANGE OF ACUTE AND 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. (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 MASTER'S OR DOCTORAL DEGREE AND  SATIS-
 FACTORILY  COMPLETED A PROGRAM OF STUDY ACCREDITED BY A NATIONAL DIETET-
 ICS ACCREDITING BODY AND APPROVED BY THE DEPARTMENT IN  ACCORDANCE  WITH
 THE COMMISSIONER'S REGULATIONS;
   (II)  EXPERIENCE:  HAVE  COMPLETED  A  PLANNED, CONTINUOUS, SUPERVISED
 PRACTICE EXPERIENCE ACCREDITED BY A NATIONAL DIETETICS ACCREDITING BODY,
 SATISFACTORY TO THE BOARD AND  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S
 REGULATIONS,  PROVIDED  THAT SUCH EXPERIENCE SHALL REQUIRE DEMONSTRATION
 OF COMPETENCE IN DIETETICS AND NUTRITION,  INCLUDING  MEDICAL  NUTRITION
 THERAPY,  AND  CONSIST  OF  NOT  LESS  THAN ONE THOUSAND HOURS UNDER THE
 DIRECT SUPERVISION.  THE EXPERIENCE SHALL BE DETERMINED BY THE BOARD  TO
 HAVE PREPARED THE APPLICANT TO PROVIDE NUTRITION CARE SERVICES FOR VARI-
 OUS 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  ACUTE  AND
 CHRONIC  MEDICAL CONDITIONS WITHIN THE SCOPE OF DIETETICS AND NUTRITION;
 AND
   (III) EXAMINATION: PASSAGE OF A DIETITIAN EXAMINATION SATISFACTORY  TO
 THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
 S. 9653                             5
 
   (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:
   (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 NATIONALLY ACCREDITED
 DIETETIC AND NUTRITION EXPERIENCE APPROVED BY THE DEPARTMENT OF NOT LESS
 THAN NINE HUNDRED HOURS; AND
   (C) PASSAGE OF A DIETICIAN EXAMINATION SATISFACTORY TO THE  BOARD  AND
 IN ACCORDANCE 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 SUCH PHYSICIAN'S 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 SUCH NURSE OR NURSE  PRACTIONER'S  PROFES-
 SION  AS  DEFINED UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE; A
 LICENSED PHYSICIAN ASSISTANT FROM SUCH PHYSICIAN ASSISTANT'S  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-
 S. 9653                             6
 
 ENCE REQUIREMENTS UNDER SECTION EIGHT THOUSAND FOUR OF THIS ARTICLE,  SO
 LONG AS:
   (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 APPROVED BY THE DEPARTMENT IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   (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 SUCH STUDENT TRAINEE'S 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.
   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 SUCH PERSON USING TITLES AUTHORIZED
 UNDER THIS ARTICLE; AND
   (C) THE PERSON DOES NOT HOLD SUCH PERSON 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 SUCH PERSON OUT AS QUALIFIED 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
 S. 9653                             7
 
 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.
   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]  SUCH  DENTIST,
 REGISTERED  NURSE,  LICENSED  PRACTICAL  NURSE, PODIATRIST, OPTOMETRIST,
 S. 9653                             8
 
 DENTAL HYGIENIST, LICENSED NUTRITIONIST, AND LICENSED  DIETITIAN  NUTRI-
 TIONIST  to  complete such course work or training because of the nature
 of [his or her]  SUCH  DENTIST,  REGISTERED  NURSE,  LICENSED  PRACTICAL
 NURSE, PODIATRIST, OPTOMETRIST, DENTAL HYGIENIST, LICENSED NUTRITIONIST,
 AND  LICENSED  DIETITIAN  NUTRITIONIST practice or (ii) that [he or she]
 SUCH DENTIST, REGISTERED NURSE, LICENSED  PRACTICAL  NURSE,  PODIATRIST,
 OPTOMETRIST,  DENTAL  HYGIENIST,  LICENSED  NUTRITIONIST,  AND  LICENSED
 DIETITIAN NUTRITIONIST 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
 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] SUCH DENTIST, REGISTERED NURSE, LICENSED PRACTICAL
 NURSE, PODIATRIST, OPTOMETRIST, DENTAL HYGIENIST, LICENSED NUTRITIONIST,
 AND  LICENSED  DIETITIAN  NUTRITIONIST  to  complete such course work or
 training because of the nature of [his or her] SUCH DENTIST,  REGISTERED
 NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST, DENTAL HYGIEN-
 IST, LICENSED NUTRITIONIST, AND LICENSED DIETITIAN NUTRITIONIST practice
 or  (ii) that [he or she] SUCH DENTIST, REGISTERED NURSE, LICENSED PRAC-
 TICAL NURSE, PODIATRIST, OPTOMETRIST, DENTAL HYGIENIST, LICENSED  NUTRI-
 TIONIST,  AND  LICENSED DIETITIAN NUTRITIONIST 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.
 S. 9653                             9
 
   § 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]  SUCH  APPLICANT
 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] SUCH APPLICANT'S practice for [him or  her]  SUCH
 APPLICANT 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
 S. 9653                            10
 
 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] SUCH
 APPLICANT 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] SUCH APPLICANT'S practice for [him
 or her] SUCH APPLICANT 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-
 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
 S. 9653                            11
 
 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
 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
 S. 9653                            12
 
 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
 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.