S 607: Provides for the licensure of dietitians and nutritionists; defines the practice thereof.

  
  STATE OF NEW YORK ________________________________________________________________________ 607 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ 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: 1 Section 1. Section 8000 of the education law, as added by chapter 635 2 of the laws of 1991, is amended to read as follows: 3 § 8000. Introduction. This article applies to the [use of the titles 4 "certified dietitian" and "certified nutritionist"] licensing of dieti- 5 tian nutritionists and nutritionists. A "licensed dietitian nutrition- 6 ist" shall mean a person duly licensed under this article as meeting the 7 requirements of subdivision two of section eight thousand four of this 8 article to practice dietetics and nutrition, which includes the practice 9 of medical nutrition therapy. A "licensed nutritionist" shall mean a 10 person duly licensed under this article as meeting the requirements of 11 subdivision one of section eight thousand four of this article to prac- 12 tice nutrition, which includes the practice of medical nutrition 13 therapy. The general provision for all professions contained in article 14 one hundred thirty of this title shall apply to this article. 15 § 2. Section 8001 of the education law, as added by chapter 635 of the 16 laws of 1991, is amended to read as follows: 17 § 8001. [Definitions] Dietetic and nutrition practice. [1. Dietetics 18 and nutrition are herein each defined as the integration and applica- 19 tion of principles derived from the sciences of nutrition, biochemistry, 20 physiology, food management and behavioral and social sciences to 21 achieve and maintain people's health. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01594-01-5 
 S. 607 2 1 2. Where the title "certified dietitian" or "certified nutritionist" 2 is used in this article it shall mean "certified dietitian", "certified 3 dietician", or "certified nutritionist". 4 3. A certified dietitian or certified nutritionist is one who engages 5 in the integration and application of principles derived from the 6 sciences of nutrition, biochemistry, physiology, food management and 7 behavioral and social sciences to achieve and maintain people's health, 8 and who is certified as such by the department pursuant to section eight 9 thousand four of this article. The primary function of a certified 10 dietitian or certified nutritionist is the provision of nutrition care 11 services that shall include: 12 (a) Assessing nutrition needs and food patterns; 13 (b) Planning for and directing the provision of food appropriate for 14 physical and nutrition needs; and 15 (c) Providing nutrition counseling.] 1. The practice of dietetics 16 encompasses the practice of nutrition and includes providing advanced 17 medical nutrition therapy and related support activities including the 18 development and ordering of therapeutic diets via enteral and parenteral 19 routes; conducting swallow screens; placing nasogastric or nasoenteric 20 feeding tubes; implementing prescription drug dose adjustments under 21 medical staff or prescriber-approved disease treatment protocols; order- 22 ing or discontinuing use of vitamin, mineral, and other dietary supple- 23 ments; and developing and managing food service operations for the 24 management or treatment of disease or medical conditions. 25 2. The practice of nutrition involves the provision of nutrition care 26 services in-person or via telehealth, including medical nutrition thera- 27 py, to prevent, manage, or treat diseases or medical conditions and 28 promote wellness. The practice of nutrition shall include the ordering 29 of patient diets, including oral therapeutic diets; the ordering of 30 medical laboratory tests related to nutritional therapeutic treatments; 31 and the provision of recommendations on vitamin, mineral, and other 32 dietary supplements. 33 § 3. Section 8002 of the education law, as added by chapter 635 of the 34 laws of 1991, is amended to read as follows: 35 § 8002. Use of titles. [Only a] 1. No person [certified under this 36 article shall be authorized to use the title "certified dietitian", 37 "certified dietician", or "certified nutritionist"] may designate or 38 hold such person out as a dietitian nutritionist or use or assume the 39 title "dietitian nutritionist", "licensed dietitian nutritionist", 40 "dietician", or any other title indicating that the person is a licensed 41 dietitian nutritionist or append to or use in conjunction with that 42 person's name the letters "LDN" or "LD" unless such person is licensed 43 as a dietitian nutritionist under this article. 44 2. No person may use or assume any title indicating that the person 45 is a licensed nutritionist or append to or use in conjunction with 46 that person's name the letters "LN" unless the person is licensed as a 47 nutritionist under this article. 48 3. No person may designate or hold such person out as a nutritionist 49 or use or assume the title "nutritionist" unless the person is licensed 50 under this article. 51 § 4. The education law is amended by adding a new section 8002-a to 52 read as follows: 53 § 8002-a. Definitions. For the purposes of this article, the following 54 terms shall have the following meanings: 55 1. "Medical nutrition therapy" means the provision of nutrition 56 assessment, nutrition diagnosis, nutrition intervention, or nutrition 
 S. 607 3 1 monitoring and evaluation for the purpose of management or treatment of 2 a disease or medical condition. Only a person licensed or otherwise 3 exempt under this article shall practice medical nutrition therapy or 4 offer to provide such services. 5 2. "Nutrition care services" means any part or all of the following 6 services provided within a systematic process: 7 (a) assessing and evaluating the nutritional needs of individuals and 8 groups and determining resources and constraints in a practice setting, 9 including ordering of nutrition-related laboratory tests to check and 10 track nutrition status; 11 (b) identifying nutrition problems and establishing priorities, goals, 12 and objectives that meet nutritional needs and are consistent with 13 available resources and constraints; 14 (c) creating individualized dietary plans and issuing and implementing 15 orders to meet nutritional needs of healthy individuals and individuals 16 in acute and chronic disease states, including ordering therapeutic 17 diets, and monitoring the effectiveness thereof; 18 (d) determining and providing appropriate nutrition interventions in 19 health and disease, including nutrition counseling on food and 20 prescription drug interactions; 21 (e) developing, implementing, and managing nutrition care systems; and 22 (f) evaluating, making changes in, and maintaining appropriate stand- 23 ards of quality in food and nutrition service. 24 § 5. Section 8003 of the education law, as amended by chapter 282 of 25 the laws of 1992, is amended to read as follows: 26 § 8003. State board for dietetics and nutrition. A state board for 27 dietetics and nutrition shall be appointed by the board of regents, on 28 recommendation of the commissioner, for the purpose of assisting the 29 board of regents and the department on matters of [certification] licen- 30 sure, practice, and professional conduct in accordance with section 31 sixty-five hundred eight of this [chapter] title. 32 [The] All members serving terms on the state board for dietetics and 33 nutrition on the effective date of the chapter of the laws of two thou- 34 sand twenty-five which amended this section shall continue to serve out 35 their respective terms of office until their respective successors are 36 appointed and qualified. Thereafter, the board shall consist of [not 37 less than thirteen] eleven members, [ten] six of whom shall be [certi- 38 fied dietitians or certified nutritionists, except that the members of 39 the first board need not be certified but shall be persons who are 40 eligible for certification under the provisions of this article prior to 41 their appointment to the board. The first board, with respect to 42 members representing the profession, shall consist of five members 43 registered by a national dietetic association having registration stand- 44 ards acceptable to the department and five members who are members of or 45 registered by a national nutritional association having membership 46 and/or registration standards acceptable to the department. Thereafter, 47 members of the profession appointed to such board shall be certified 48 pursuant to this article] licensed dietitian nutritionists and two of 49 whom shall be licensed nutritionists pursuant to this article. To the 50 extent reasonable, the board of regents should insure the state board is 51 broadly representative of various professional interests within the 52 dietetic and nutritional community. [Three] Two members shall be repre- 53 sentatives of the general public and one member shall be a physician 54 licensed under article one hundred thirty-one of this title. Such 55 physician member shall not be a member of or credentialed by a national 56 dietetic or national nutrition association. An executive secretary to 
 S. 607 4 1 the board shall be appointed by the board of regents on the recommenda- 2 tion of the commissioner. 3 § 6. Section 8004 of the education law is REPEALED and a new section 4 8004 is added to read as follows: 5 § 8004. Requirements for professional license. 1. Each applicant for 6 a license as a licensed nutritionist shall: be at least twenty-one 7 years of age; submit a completed application upon a form and in such 8 manner as the board prescribes demonstrating the applicant is capable 9 and professionally competent, as determined by the board, to safely 10 engage in the practice of nutrition; submit any fees as required by the 11 board, and submit proof of all of the following: 12 (a) Education: Have received a master's or doctoral degree in nutri- 13 tion or a nutrition-related science leading to competence in nutrition, 14 including medical nutrition therapy, in accordance with the commission- 15 er's regulations; 16 (b) Experience: Have completed a planned, continuous, supervised prac- 17 tice experience satisfactory to the board and in accordance with the 18 commissioner's regulations, provided that such experience shall require 19 demonstration of competence in nutrition, including medical nutrition 20 therapy and involve at least one thousand hours under direct supervision 21 in the following practice areas, with a minimum of two hundred hours in 22 each practice area: conducting nutrition assessment; nutrition inter- 23 vention; and nutrition monitoring and evaluation. The experience shall 24 be determined by the board to have prepared the applicant to provide 25 nutrition care services for various populations of diverse cultures, 26 genders, and across the life cycle, and to be able to competently formu- 27 late actionable medical nutrition therapies and interventions, educa- 28 tion, counseling, and ongoing care for the prevention, modulation, and 29 management of a range of acute and chronic medical conditions within the 30 scope of nutrition; and 31 (c) Examination: Passage of a nutrition examination satisfactory to 32 the board and in accordance with the commissioner's regulations. 33 2. (a) Each applicant for a license as a licensed dietitian nutrition- 34 ist shall: be at least twenty-one years of age, submit a completed 35 application upon a form and in such manner as the board prescribes 36 demonstrating the applicant is capable and professionally competent, as 37 determined by the board, to safely engage in the practice of dietetics 38 and nutrition, submit any fees as required by the board, and submit 39 proof of all of the following: 40 (i) Education: Have received a master's or doctoral degree and satis- 41 factorily completed a program of study accredited by a national dietet- 42 ics accrediting body and approved by the department in accordance with 43 the commissioner's regulations; 44 (ii) Experience: Have completed a planned, continuous, supervised 45 practice experience accredited by a national dietetics accrediting body, 46 satisfactory to the board and in accordance with the commissioner's 47 regulations, provided that such experience shall require demonstration 48 of competence in dietetics and nutrition, including medical nutrition 49 therapy, and consist of not less than one thousand hours under the 50 direct supervision. The experience shall be determined by the board to 51 have prepared the applicant to provide nutrition care services for vari- 52 ous populations of diverse cultures, genders, and across the life cycle, 53 and to be able to competently formulate actionable medical nutrition 54 therapies and interventions, education, counseling, and ongoing care for 55 the prevention, modulation, and management of a range of acute and 
 S. 607 5 1 chronic medical conditions within the scope of dietetics and nutrition; 2 and 3 (iii) Examination: Passage of a dietitian examination satisfactory to 4 the board and in accordance with the commissioner's regulations. 5 (b) An application for a dietitian nutritionist license submitted by 6 individuals, who prior to January first, two thousand twenty-five held 7 registration as a dietitian by a national dietetic commission that has 8 registration standards acceptable to the department, and currently holds 9 such registration, is governed by the provisions of law in effect imme- 10 diately before the effective date of this section, and the former law is 11 continued in effect for that purpose. 12 3. All applicants for licensure as a licensed nutritionist or licensed 13 dietitian nutritionist shall pay a fee for an initial license, and a fee 14 for each triennial registration period. 15 § 7. Section 8005 of the education law is REPEALED. 16 § 8. Section 8006 of the education law is REPEALED and a new section 17 8006 is added to read as follows: 18 § 8006. Special conditions. 1. Any person who is licensed as a certi- 19 fied dietitian or a certified nutritionist on the effective date of the 20 chapter of the laws of two thousand twenty-five which amended this 21 section, shall be licensed as a licensed dietitian nutritionist without 22 meeting any additional requirements so long as they hold registration as 23 a dietitian by a national dietetic commission that has registration 24 standards acceptable to the department or have completed: 25 (a) a bachelor's or higher degree from a programmatically accredited 26 didactic program approved by the department in accordance with the 27 commissioner's regulations; 28 (b) a supervised practice experience acceptable to the board and in 29 accordance with the commissioner's regulations, provided that such expe- 30 rience consisted of satisfactory completion of a nationally accredited 31 dietetic and nutrition experience approved by the department of not less 32 than nine hundred hours; and 33 (c) passage of a dietician examination satisfactory to the board and 34 in accordance with the commissioner's regulations. 35 2. Any person who is licensed as a certified dietitian or a certified 36 nutritionist and does not meet the requirements provided under subdivi- 37 sion one of this section on the effective date of the chapter of the 38 laws of two thousand twenty-five which amend this section, shall be 39 licensed as a licensed nutritionist without meeting any additional 40 requirements. 41 3. Any non-exempt person practicing the professions to be licensed 42 pursuant to this article shall apply for a license within one year of 43 the effective date of this section. 44 § 9. The education law is amended by adding two new sections 8007 and 45 8008 to read as follows: 46 § 8007. Exemptions. This article shall not be construed to affect or 47 prevent: 48 1. A licensed physician from practicing such physician's profession as 49 defined under articles one hundred thirty-one and one hundred thirty- 50 one-B of this title; a registered professional nurse or a certified 51 nurse practitioner practicing such nurse or nurse practitioner's profes- 52 sion as defined under article one hundred thirty-nine of this title; a 53 licensed physician assistant from such physician assistant's profession 54 as defined under article one hundred thirty-one-B of this title; or 55 qualified members of other professions licensed under this title from 56 performing work incidental to the practice of their professions, except 
 S. 607 6 1 that such persons may not hold themselves out under the title authorized 2 by this article. 3 2. A student, intern or resident from engaging in the practice of 4 dietetics or nutrition while participating in the education or experi- 5 ence requirements under section eight thousand four of this article, so 6 long as: 7 (a) The student or trainee who is completing their supervised practice 8 experience required under section eight thousand four of this article 9 practices under this subdivision not more than five years after complet- 10 ing education requirements under section eight thousand four of this 11 article; 12 (b) The student or trainee practices under this subdivision only while 13 supervised by a qualified supervisor as approved by the department in 14 accordance with the commissioner's regulations; 15 (c) The student or trainee does not engage in the unrestricted prac- 16 tice of medical nutrition therapy; and 17 (d) While practicing under this subdivision, the student or trainee 18 uses a title that clearly indicates such student trainee's status as a 19 student, intern, trainee, or supervisee. 20 3. A dietitian nutritionist or nutritionist who is serving in the 21 armed forces of the United States or any other federal agency from 22 engaging in the practice of medical nutrition therapy, or using govern- 23 ment issued titles, provided that such practice or title use is related 24 to service or employment, provided that such practice is related to 25 service or employment. 26 4. A person who provides individualized nutrition recommendations for 27 the wellness and primary prevention of chronic disease, health coaching, 28 holistic and wellness education, guidance, motivation, behavior change 29 management, services for non-medical weight control, or other nutrition 30 care services so long as all of the following apply: 31 (a) The services do not constitute medical nutrition therapy; 32 (b) The person does not represent such person using titles authorized 33 under this article; and 34 (c) The person does not hold such person out as licensed or qualified 35 to engage in the practice of medical nutrition therapy. 36 5. A person who disseminates non-individualized, written, general 37 nutrition information in connection with the marketing and distribution 38 of dietary supplements, food, herbs, or food materials, including expla- 39 nations of their federally regulated label claims, any known drug-nu- 40 trient interactions, their role in various diets, or suggestions as how 41 to best use and combine them so long as such information does not 42 constitute medical nutrition therapy and the person does not use titles 43 authorized under this article or hold such person out as qualified to 44 engage in the practice of medical nutrition therapy. 45 6. A person who provides medical weight control for persons with 46 obesity as part of any of the following: 47 (a) An instructional program that has been approved in writing by one 48 of the following: 49 (i) a dietitian nutritionist or nutritionist licensed in this state; 50 or 51 (ii) a health care practitioner licensed or certified in this state 52 whose scope of practice includes medical nutrition therapy; or 53 (b) A plan of care that is overseen by a health professional licensed 54 in this state whose scope of practice otherwise authorizes the health 55 professional to provide and delegate medical nutrition therapy, so long 
 S. 607 7 1 as the medical weight control services are not discretionary and do not 2 require the exercise of professional judgment. 3 7. An individual employed by a WIC program as a "competent profes- 4 sional authority" as defined in 7 C.F.R § 246.2 (1895) from providing 5 nutrition services within such WIC program. For the purpose of this 6 subdivision the term "WIC program" shall mean a program authorized by 42 7 U.S.C. § 1786; and 8 8. A person who does not utilize titles authorized under this article 9 and assists the provision of medical nutrition therapy if the person 10 performs only support activities that are not discretionary and that do 11 not require the exercise of professional judgment for their performance, 12 and the person is directly supervised by a nutritionist or dietitian 13 nutritionist licensed under this title. 14 § 8008. Limited permit. 1. The department may issue a limited permit 15 to practice as a provisionally licensed nutritionist or provisionally 16 licensed dietitian nutritionist to an applicant for licensure who has 17 met the education and experience requirements for a licensed nutrition- 18 ist or licensed dietitian nutritionist provided under section eight 19 thousand four of this article. 20 2. The duration of a limited permit shall not exceed one year from the 21 time of its first issue and the department may for good cause renew a 22 limited permit for an additional one year provided that no individual 23 shall practice under any limited permit for more than a total of two 24 years. 25 3. All practice under a limited permit shall be under the supervision 26 of individuals licensed pursuant to this article. 27 4. The fee for a limited permit or the renewal thereof shall be seven- 28 ty-five dollars. 29 § 10. Subparagraph (i) of paragraph a of subdivision 1 of section 30 6503-a of the education law, as amended by chapter 554 of the laws of 31 2013, is amended to read as follows: 32 (i) services provided under article one hundred fifty-four, one 33 hundred fifty-seven, one hundred sixty-three or one hundred sixty-seven 34 of this title for which licensure would be required, or 35 § 11. Section 6505-b of the education law, as amended by chapter 10 of 36 the laws of 2018, is amended to read as follows: 37 § 6505-b. Course work or training in infection control practices. 38 Every dentist, registered nurse, licensed practical nurse, podiatrist, 39 optometrist [and], dental hygienist, licensed nutritionist, and licensed 40 dietitian nutritionist practicing in the state shall, on or before July 41 first, nineteen hundred ninety-four and every four years thereafter, 42 complete course work or training appropriate to the professional's prac- 43 tice approved by the department regarding infection control, which shall 44 include sepsis, and barrier precautions, including engineering and work 45 practice controls, in accordance with regulatory standards promulgated 46 by the department, in consultation with the department of health, which 47 shall be consistent, as far as appropriate, with such standards adopted 48 by the department of health pursuant to section two hundred thirty-nine 49 of the public health law to prevent the transmission of HIV, HBV, HCV 50 and infections that could lead to sepsis in the course of professional 51 practice. Each such professional shall document to the department at the 52 time of registration commencing with the first registration after July 53 first, nineteen hundred ninety-four that the professional has completed 54 course work or training in accordance with this section, provided, 55 however that a professional subject to the provisions of paragraph (f) 56 of subdivision one of section twenty-eight hundred five-k of the public 
 S. 607 8 1 health law shall not be required to so document. The department shall 2 provide an exemption from this requirement to anyone who requests such 3 an exemption and who (i) clearly demonstrates to the department's satis- 4 faction that there would be no need for [him or her] such dentist, 5 registered nurse, licensed practical nurse, podiatrist, optometrist, 6 dental hygienist, licensed nutritionist, and licensed dietitian nutri- 7 tionist to complete such course work or training because of the nature 8 of [his or her] such dentist, registered nurse, licensed practical 9 nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist, 10 and licensed dietitian nutritionist practice or (ii) that [he or she] 11 such dentist, registered nurse, licensed practical nurse, podiatrist, 12 optometrist, dental hygienist, licensed nutritionist, and licensed 13 dietitian nutritionist has completed course work or training deemed by 14 the department to be equivalent to the course work or training approved 15 by the department pursuant to this section. The department shall consult 16 with organizations representative of professions, institutions and those 17 with expertise in infection control and HIV, HBV, HCV and infections 18 that could lead to sepsis with respect to the regulatory standards 19 promulgated pursuant to this section. 20 § 11-a. Section 6505-b of the education law, as amended by chapter 733 21 of the laws of 2023, is amended to read as follows: 22 § 6505-b. Course work or training in infection control practices. 23 Every dentist, registered nurse, licensed practical nurse, podiatrist, 24 optometrist, athletic trainer, [and] dental hygienist, and licensed 25 nutritionist, and licensed dietitian nutritionist practicing in the 26 state shall, on or before July first, nineteen hundred ninety-four and 27 every four years thereafter, complete course work or training appropri- 28 ate to the professional's practice approved by the department regarding 29 infection control, which shall include sepsis, and barrier precautions, 30 including engineering and work practice controls, in accordance with 31 regulatory standards promulgated by the department, in consultation with 32 the department of health, which shall be consistent, as far as appropri- 33 ate, with such standards adopted by the department of health pursuant to 34 section two hundred thirty-nine of the public health law to prevent the 35 transmission of HIV, HBV, HCV and infections that could lead to sepsis 36 in the course of professional practice. Each such professional shall 37 document to the department at the time of registration commencing with 38 the first registration after July first, nineteen hundred ninety-four 39 that the professional has completed course work or training in accord- 40 ance with this section, provided, however that a professional subject to 41 the provisions of paragraph (f) of subdivision one of section twenty- 42 eight hundred five-k of the public health law shall not be required to 43 so document. The department shall provide an exemption from this 44 requirement to anyone who requests such an exemption and who (i) clearly 45 demonstrates to the department's satisfaction that there would be no 46 need for [him or her] such dentist, registered nurse, licensed practical 47 nurse, podiatrist, optometrist, dental hygienist, licensed nutritionist, 48 and licensed dietitian nutritionist to complete such course work or 49 training because of the nature of [his or her] such dentist, registered 50 nurse, licensed practical nurse, podiatrist, optometrist, dental hygien- 51 ist, licensed nutritionist, and licensed dietitian nutritionist practice 52 or (ii) that [he or she] such dentist, registered nurse, licensed prac- 53 tical nurse, podiatrist, optometrist, dental hygienist, licensed nutri- 54 tionist, and licensed dietitian nutritionist has completed course work 55 or training deemed by the department to be equivalent to the course work 56 or training approved by the department pursuant to this section. The 
 S. 607 9 1 department shall consult with organizations representative of 2 professions, institutions and those with expertise in infection control 3 and HIV, HBV, HCV and infections that could lead to sepsis with respect 4 to the regulatory standards promulgated pursuant to this section. 5 § 12. Paragraph a of subdivision 3 of section 6507 of the education 6 law, as amended by chapter 479 of the laws of 2022, is amended to read 7 as follows: 8 a. Establish standards for preprofessional and professional education, 9 experience and licensing examinations as required to implement the arti- 10 cle for each profession. Notwithstanding any other provision of law, the 11 commissioner shall establish standards requiring that all persons apply- 12 ing, on or after January first, nineteen hundred ninety-one, initially, 13 or for the renewal of, a license, registration or limited permit to be a 14 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 15 trist, psychiatrist, psychologist, licensed master social worker, 16 licensed clinical social worker, licensed creative arts therapist, 17 licensed marriage and family therapist, licensed mental health counse- 18 lor, licensed psychoanalyst, dental hygienist, licensed behavior 19 analyst, [or] certified behavior analyst assistant, licensed nutrition- 20 ist or licensed dietitian nutritionist shall, in addition to all the 21 other licensure, certification or permit requirements, have completed 22 two hours of coursework or training regarding the identification and 23 reporting of child abuse and maltreatment. The coursework or training 24 shall be obtained from an institution or provider which has been 25 approved by the department to provide such coursework or training. The 26 coursework or training shall include information regarding the physical 27 and behavioral indicators of child abuse and maltreatment and the statu- 28 tory reporting requirements set out in sections four hundred thirteen 29 through four hundred twenty of the social services law, including but 30 not limited to, when and how a report must be made, what other actions 31 the reporter is mandated or authorized to take, the legal protections 32 afforded reporters, and the consequences for failing to report. Such 33 coursework or training may also include information regarding the phys- 34 ical and behavioral indicators of the abuse of individuals with develop- 35 mental disabilities and voluntary reporting of abused or neglected 36 adults to the office for people with developmental disabilities or the 37 local adult protective services unit. Each applicant shall provide the 38 department with documentation showing that [he or she] such applicant 39 has completed the required training. The department shall provide an 40 exemption from the child abuse and maltreatment training requirements to 41 any applicant who requests such an exemption and who shows, to the 42 department's satisfaction, that there would be no need because of the 43 nature of [his or her] such applicant's practice for [him or her] such 44 applicant to complete such training; 45 § 12-a. Paragraph a of subdivision 3 of section 6507 of the education 46 law, as amended by chapter 733 of the laws of 2023, is amended to read 47 as follows: 48 a. Establish standards for preprofessional and professional education, 49 experience and licensing examinations as required to implement the arti- 50 cle for each profession. Notwithstanding any other provision of law, the 51 commissioner shall establish standards requiring that all persons apply- 52 ing, on or after January first, nineteen hundred ninety-one, initially, 53 or for the renewal of, a license, registration or limited permit to be a 54 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 55 trist, psychiatrist, psychologist, licensed master social worker, 56 licensed clinical social worker, licensed creative arts therapist, 
 S. 607 10 1 licensed marriage and family therapist, licensed mental health counse- 2 lor, licensed psychoanalyst, dental hygienist, licensed behavior 3 analyst, certified behavior analyst assistant, licensed nutritionist, 4 licensed dietitian nutritionist, or athletic trainer shall, in addition 5 to all the other licensure, certification or permit requirements, have 6 completed two hours of coursework or training regarding the identifica- 7 tion and reporting of child abuse and maltreatment. The coursework or 8 training shall be obtained from an institution or provider which has 9 been approved by the department to provide such coursework or training. 10 The coursework or training shall include information regarding the phys- 11 ical and behavioral indicators of child abuse and maltreatment and the 12 statutory reporting requirements set out in sections four hundred thir- 13 teen through four hundred twenty of the social services law, including 14 but not limited to, when and how a report must be made, what other 15 actions the reporter is mandated or authorized to take, the legal 16 protections afforded reporters, and the consequences for failing to 17 report. Such coursework or training may also include information regard- 18 ing the physical and behavioral indicators of the abuse of individuals 19 with developmental disabilities and voluntary reporting of abused or 20 neglected adults to the office for people with developmental disabili- 21 ties or the local adult protective services unit. Each applicant shall 22 provide the department with documentation showing that [he or she] such 23 applicant has completed the required training. The department shall 24 provide an exemption from the child abuse and maltreatment training 25 requirements to any applicant who requests such an exemption and who 26 shows, to the department's satisfaction, that there would be no need 27 because of the nature of [his or her] such applicant's practice for [him 28 or her] such applicant to complete such training; 29 § 13. Paragraph (a) of subdivision 1 of section 413 of the social 30 services law, as amended by section 7 of part C of chapter 57 of the 31 laws of 2018, is amended to read as follows: 32 (a) The following persons and officials are required to report or 33 cause a report to be made in accordance with this title when they have 34 reasonable cause to suspect that a child coming before them in their 35 professional or official capacity is an abused or maltreated child, or 36 when they have reasonable cause to suspect that a child is an abused or 37 maltreated child where the parent, guardian, custodian or other person 38 legally responsible for such child comes before them in their profes- 39 sional or official capacity and states from personal knowledge facts, 40 conditions or circumstances which, if correct, would render the child an 41 abused or maltreated child: any physician; registered physician assist- 42 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 43 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 44 psychologist; registered nurse; social worker; emergency medical techni- 45 cian; licensed creative arts therapist; licensed marriage and family 46 therapist; licensed mental health counselor; licensed psychoanalyst; 47 licensed behavior analyst; certified behavior analyst assistant; 48 licensed nutritionist; licensed dietitian nutritionist; hospital person- 49 nel engaged in the admission, examination, care or treatment of persons; 50 a Christian Science practitioner; school official, which includes but is 51 not limited to school teacher, school guidance counselor, school 52 psychologist, school social worker, school nurse, school administrator 53 or other school personnel required to hold a teaching or administrative 54 license or certificate; full or part-time compensated school employee 55 required to hold a temporary coaching license or professional coaching 56 certificate; social services worker; employee of a publicly-funded emer- 
 S. 607 11 1 gency shelter for families with children; director of a children's over- 2 night camp, summer day camp or traveling summer day camp, as such camps 3 are defined in section thirteen hundred ninety-two of the public health 4 law; day care center worker; school-age child care worker; provider of 5 family or group family day care; employee or volunteer in a residential 6 care facility for children that is licensed, certified or operated by 7 the office of children and family services; or any other child care or 8 foster care worker; mental health professional; substance abuse counse- 9 lor; alcoholism counselor; all persons credentialed by the office of 10 [alcoholism] addiction services and [substance abuse services] supports; 11 employees, who are expected to have regular and substantial contact with 12 children, of a health home or health home care management agency 13 contracting with a health home as designated by the department of health 14 and authorized under section three hundred sixty-five-l of this chapter 15 or such employees who provide home and community based services under a 16 demonstration program pursuant to section eleven hundred fifteen of the 17 federal social security act who are expected to have regular and 18 substantial contact with children; peace officer; police officer; 19 district attorney or assistant district attorney; investigator employed 20 in the office of a district attorney; or other law enforcement official. 21 § 13-a. Paragraph (a) of subdivision 1 of section 413 of the social 22 services law, as amended by chapter 733 of the laws of 2023, is amended 23 to read as follows: 24 (a) The following persons and officials are required to report or 25 cause a report to be made in accordance with this title when they have 26 reasonable cause to suspect that a child coming before them in their 27 professional or official capacity is an abused or maltreated child, or 28 when they have reasonable cause to suspect that a child is an abused or 29 maltreated child where the parent, guardian, custodian or other person 30 legally responsible for such child comes before them in their profes- 31 sional or official capacity and states from personal knowledge facts, 32 conditions or circumstances which, if correct, would render the child an 33 abused or maltreated child: any physician; registered physician assist- 34 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 35 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 36 athletic trainer; psychologist; registered nurse; social worker; emer- 37 gency medical technician; licensed creative arts therapist; licensed 38 marriage and family therapist; licensed mental health counselor; 39 licensed psychoanalyst; licensed behavior analyst; certified behavior 40 analyst assistant; licensed nutritionist; licensed dietitian nutrition- 41 ist; hospital personnel engaged in the admission, examination, care or 42 treatment of persons; a Christian Science practitioner; school official, 43 which includes but is not limited to school teacher, school guidance 44 counselor, school psychologist, school social worker, school nurse, 45 school administrator or other school personnel required to hold a teach- 46 ing or administrative license or certificate; full or part-time compen- 47 sated school employee required to hold a temporary coaching license or 48 professional coaching certificate; social services worker; employee of a 49 publicly-funded emergency shelter for families with children; director 50 of a children's overnight camp, summer day camp or traveling summer day 51 camp, as such camps are defined in section thirteen hundred ninety-two 52 of the public health law; day care center worker; school-age child care 53 worker; provider of family or group family day care; employee or volun- 54 teer in a residential care facility for children that is licensed, 55 certified or operated by the office of children and family services; or 56 any other child care or foster care worker; mental health professional; 
 S. 607 12 1 substance abuse counselor; alcoholism counselor; all persons creden- 2 tialed by the office of [alcoholism and substance abuse services] 3 addiction services and supports; employees, who are expected to have 4 regular and substantial contact with children, of a health home or 5 health home care management agency contracting with a health home as 6 designated by the department of health and authorized under section 7 three hundred sixty-five-l of this chapter or such employees who provide 8 home and community based services under a demonstration program pursuant 9 to section eleven hundred fifteen of the federal social security act who 10 are expected to have regular and substantial contact with children; 11 peace officer; police officer; district attorney or assistant district 12 attorney; investigator employed in the office of a district attorney; or 13 other law enforcement official. 14 § 14. Subdivision 5-a of section 488 of the social services law, as 15 amended by chapter 205 of the laws of 2014, is amended to read as 16 follows: 17 5-a. "Human services professional" shall mean any: physician; regis- 18 tered physician assistant; surgeon; medical examiner; coroner; dentist; 19 dental hygienist; osteopath; optometrist; chiropractor; podiatrist; 20 resident; intern; psychologist; registered nurse; licensed practical 21 nurse; nurse practitioner; social worker; emergency medical technician; 22 licensed creative arts therapist; licensed marriage and family thera- 23 pist; licensed mental health counselor; licensed psychoanalyst; licensed 24 behavior analyst; certified behavior analyst assistant; licensed 25 speech/language pathologist or audiologist; licensed physical therapist; 26 licensed occupational therapist; licensed nutritionist; licensed dieti- 27 tian nutritionist; hospital personnel engaged in the admission, examina- 28 tion, care or treatment of persons; Christian Science practitioner; 29 school official, which includes but is not limited to school teacher, 30 school guidance counselor, school psychologist, school social worker, 31 school nurse, school administrator or other school personnel required to 32 hold a teaching or administrative license or certificate; full or part- 33 time compensated school employee required to hold a temporary coaching 34 license or professional coaching certificate; social services worker; 35 any other child care or foster care worker; mental health professional; 36 person credentialed by the office of [alcoholism] addiction services and 37 [substance abuse services] supports; peace officer; police officer; 38 district attorney or assistant district attorney; investigator employed 39 in the office of a district attorney; or other law enforcement official. 40 § 15. This act shall take effect eighteen months after it shall have 41 become a law; provided, however, that the provisions of sections 42 eleven-a, twelve-a and thirteen-a of this act shall take effect on the 43 same date and in the same manner as chapter 733 of the laws of 2023 44 takes effect. Effective immediately, the addition, amendment and/or 45 repeal of any rule or regulation necessary for the implementation of 46 this act on its effective date are authorized to be made and completed 47 on or before such effective date.