Article 157, Dietetics and Nutrition

This article applies to the use of the titles "certified dietitian" and "certified nutritionist". The general provision for all professions contained in article one hundred thirty of this title shall apply to this article.

1. Dietetics and nutrition are herein each defined as the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain people's health.
2. Where the title "certified dietitian" or "certified nutritionist" is used in this article it shall mean "certified dietitian", "certified dietician", or "certified nutritionist".
3. A certified dietitian or certified nutritionist is one who engages in the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain people's health, and who is certified as such by the department pursuant to section eight thousand four of this article. The primary function of a certified dietitian or certified nutritionist is the provision of nutrition care services that shall include:
   1. Assessing nutrition needs and food patterns;
   2. Planning for and directing the provision of food appropriate for physical and nutrition needs; and
   3. Providing nutrition counseling.

Only a person certified under this article shall be authorized to use the title "certified dietitian", "certified dietician", or "certified nutritionist".

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 and professional conduct in accordance with section sixty-five hundred eight of this chapter.

The board shall consist of not less than thirteen members, ten of whom shall be certified dietitians or certified nutritionists, except that the members of the first board need not be certified but shall be persons who are eligible for certification under the provisions of this article prior to their appointment to the board. The first board, with respect to members representing the profession, shall consist of five members registered by a national dietetic association having registration standards acceptable to the department and five members who are members of or registered by a national nutritional association having membership and/or registration standards acceptable to the department. Thereafter, members of the profession appointed to such board shall be certified pursuant to this article. 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 members shall be representatives of the general public. An executive secretary to the board shall be appointed by the board of regents on the recommendation of the commissioner.

To qualify for certification, an applicant shall fulfill the following requirements:

1. File an application with the department;
2.  
   1.  
      1. Have received an education including a bachelor's degree, or its equivalent as determined by the department, in dietetics/nutrition or an equivalent major course of study which shall include appropriate core curriculum courses in dietetics/nutrition from an accredited college or university as approved by the department, in accordance with the commissioner's regulations; and
      2. Have completed a planned, continuous, experience component, in accordance with the commissioner's regulations, in dietetic or nutrition practice under the supervision of a certified dietitian or certified nutritionist or a dietitian or nutritionist who is registered by or is a member of a national dietetic association or national nutrition association having registration or membership standards acceptable to the department; such experience shall be satisfactory to the board and in accordance with the commissioner's regulations; or
   2.  
      1. Have received an education including an associates degree in dietetics or nutrition acceptable to the department,
      2. In the last fifteen years have completed ten years of experience and education in the field of dietetics or nutrition satisfactory to the board in accordance with the commissioner's regulations. These ten years must be the full time equivalent of any combination of post secondary dietetic or nutrition education and dietetic or nutrition work experience satisfactory to the board in accordance with the commissioner's regulations, and
      3. Have obtained the endorsement of three dietitians or nutritionists acceptable to the department;
3. Pass an examination satisfactory to the board and in accordance with the commissioner's regulations; provided that such examination shall test a level of knowledge and experience equivalent to that obtained by an individual satisfactorily meeting the requirements of paragraph (a) of subdivision two of this section;
4. Pay a fee of one hundred seventy-five dollars to the department for admission to a department conducted examination and for initial certification, a fee of eighty-five dollars for each reexamination, a fee of one hundred fifteen dollars for an initial certification for persons not requiring admission to a department conducted examination, a fee of one hundred fifty-five dollars for each triennial registration period;
5. Be at least eighteen years of age.

Nothing contained in this article shall be deemed to alter, modify or impair any conditions of employment relating to service in the federal government, the state of New York, its political subdivisions, including school districts, or special districts and authorities or any facilities or institutions under the jurisdiction of or subject to the certification of any agency of the state of New York or its political subdivisions.

A person shall be certified without examination provided that, within three years of the effective date of this article, the individual:

1. files an application and pays the appropriate fees to the department; and
2.  
   1. is registered as a dietitian or nutritionist by a national dietetic or national nutrition association having registration standards acceptable to the department;
   2. meets the requirements of subparagraph one of paragraph (a) of subdivision two and subdivision five of section eight thousand four of this article and has been actively engaged in the provision of nutrition care services for a minimum of three years during the five years immediately preceding the effective date of this article; or
   3. meets all the requirements of paragraph (b) of subdivision two and subdivision five of section eight thousand four of this article.