Engrossed Committee Substitute
House Bill 2618 History
OTHER VERSIONS -
Committee Substitute
|
Introduced Version
|
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2618
(By Delegates Kessel and Rutledge
)
(Originating in the House Committee on Finance)
[April 1, 1993]
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-three,
relating to dietitians and nutritionists generally;
defining terms; requiring a license to practice; creating a
board of dietitians and nutritionists; providing for terms
of service; authorizing powers and creating duties;
providing for the organization of the board; allowing for
interim permits; enumerating qualifications for licensure;
authorizing licensing and providing the standards and
criteria therefor; providing for license renewal; exempting
certain persons from licensure requirements; providing for
denying, suspending or revoking a license and reinstatement;
authorizing the imposition of license fees; defining the
crime of falsely obtaining, selling or practicing nutrition
or dietetics without a license and providing criminal
penalties therefor; and providing for sunset termination of
the board.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-three, to
read as follows:
ARTICLE 33. BOARD OF DIETITIANS AND NUTRITIONISTS.
§30-33-1. License required to practice.
In order to safeguard life and health, any person practicing
or offering to practice as a dietitian or nutritionist is
required to submit evidence that he or she is qualified so to
practice, and is licensed as provided in this article. After the
thirtieth day of June, one thousand nine hundred ninety-three,
unless licensed under the provisions of this article, no person
may practice or offer to practice as a dietitian or nutritionist
in this state, or to use any title, sign, card or device to
indicate that the person is a dietitian or nutritionist, except
a dietitian registered by the commission on dietetic registration
may use the title registered dietitian.
§30-33-2. Practice of dietetics defined.
Any one or combination of the following activities
constitute the practice of dietetics or nutrition:
(1) The practice of providing nutrition assessment,
nutrition counseling and nutrition consultation in health and
disease for individuals or groups;
(2) The performance as a member of a management team
effecting the nutritional care of groups through the development,
implementation and management of food service systems thatmaintain appropriate standards of food and nutrition care
services;
(3) The planning, conducting and evaluation of educational
programs in nutrition and dietetic subject matter for clients,
dietetic students or interns, dietetic support personnel and
other health care personnel; or
(4) The performance as a member of a health care team to
plan, investigate, interpret, evaluate and communicate nutrition
research findings through reports and publications.
§30-33-3. Definitions.
As used in this article, the following terms have the
meanings ascribed to them:
(1) "Association" means the American dietetic association;
(2) "Board" means the West Virginia board of dietitians and
nutritionists;
(3) "Commission on dietetic registration" means the
commission on dietetic registration that is a member of the
national commission for health certifying agencies;
(4) "Dietitian" and "nutritionist" are interchangeably used
and mean a person engaged in the practice of dietetics as
described in section two of this article;
(5) "Fund" means the board of examiners for dieticians and
nutritionists administrative fund created pursuant to the
provisions of section five of this article;
(6) "Nutrition assessment" means the evaluation of the
nutrition needs of individuals and groups based upon biochemical,
anthropometric, physical and dietary data to determine nutrient
needs and recommend appropriate nutrition intake;
(7) "Nutrition care service" means assessing the nutritional
needs of individuals and groups and determining resources and
constraints in the practice setting; establishing priorities,
goals and objectives that meet nutrition needs and are consistent
with available resources and constraints; providing nutrition
counseling in health and disease; developing, implementing and
managing nutrition care systems; and evaluating, making changes
in and maintaining appropriate standards of quality in food and
nutrition care services;
(8) "Nutrition counseling" means the advising or assisting
of individuals or groups on appropriate nutrition intake and meal
preparation.
(9) "Nutrition educator" means one who provides information
on food sources of nutrients to meet normal nutrition needs based
on the most current "Recommended Dietary Allowances" of the food
and nutrition board (the national academy of sciences/national
research council);
(10) "Regionally accredited institution" means a school,
college or university approved by a regional accreditation agency
recognized by the council on postsecondary accreditation and the
United States department of education; and
(11) "Registered dietitian" means a person registered by the
commission on dietetic registration.
§30-33-4. Board of dietitians and nutritionists.
(a) There is hereby created a new board designated the
"Board of Examiners for Dietitians and Nutritionists." The board
shall be composed of five members who shall be appointed by the
governor from lists submitted to the governor by the WestVirginia dietetic association and with the advice and consent of
the Senate. Individuals appointed to the board must possess the
following qualifications: One member shall be a clinical
dietitian; one member shall be an administrative dietitian; one
member shall be a public health or community nutritionist; one
member shall be a consultant nutritionist; and one member shall
be a lay person not engaged in the practice of dietetics or
nutrition. In addition, each member of the board hereafter
appointed shall be a citizen of the United States and a resident
of this state, and have engaged in the practice of dietetics for
a minimum of three years within the next preceding years prior to
appointment:
Provided,
That the lay person shall be a citizen of
the United States and a resident of this state, and may not have
engaged in the practice of dietetics nor have any household
members who engage in the practice of dietetics.
(b) The members of the board shall be appointed for
overlapping terms of four years, except that the governor shall
appoint initially one member for a term of one year, one for a
term of two years, one for a term of three years and two for a
term of four years. No member of the board may serve more than
four years.
(c) In the event a board member is unable to complete a
term, the governor shall appoint a person with similar
qualification to complete the unexpired term. The successor of
any board member appointed pursuant to this article must possess
the qualification prescribed herein. Each vacancy occurring in
the office shall be filled by appointment within sixty days after
such vacancy.
(d) Each member of the board shall be reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of the board member's duties.
(e) The chair shall preside over the meetings and hearings
of the board. The vice chair shall assume the chair's duties in
the absence of the chair. All of the meetings shall be general
meetings for the consideration of any and all matters which may
properly come before the board. A majority of the board shall
constitute a quorum for the transaction of business. The board
shall meet at least once a year and at such other times and
places as it may determine; and shall meet on call of the chair.
It shall be the duty of the chair to call a meeting of the board
on the written request of three members thereof. The board shall
keep an accurate record of all of its proceedings and maintain
such board records. The board may employ personnel necessary to
accomplish the performance of its duties.
§30-33-5. Powers and duties of the board; rule making.
(a) The board is authorized to perform the following
functions and possesses the following powers and duties:
(1) To propose legislative rules for promulgation, in
accordance with article twenty-nine-a of this code, to implement
and effectuate the provisions of this article, including, but not
limited to, legislative rules establishing the following:
(A) A code of professional ethics;
(B) Continuing education requirements and standards;
(C) Examination, licensure and renewal requirements of a
duly qualified applicants; and
(D) Procedures and guidelines for the suspension orrevocation of a license.
(2) To adopt procedural and interpretive rules in accordance
with the provisions of chapter twenty-nine-a of this code;
(3) To adopt an official seal;
(4) To conduct license examinations of duly qualified
applicants;
(5) To issue and renew licenses and to issue interim permits
to duly qualified applicants;
(6) To suspend, revoke and reinstate licenses;
(7) To conduct hearings on licensing issues and any other
matter properly within the jurisdiction of the board;
(8) To maintain a record of all proceedings of the board;
and
(9) To submit a biennial report to the governor describing
the activities of the board.
(b) All fees and other moneys collected by the board
pursuant to the provisions of this article shall be deposited in
an appropriated special revenue account designated the "Board of
Examiners for Dieticians and Nutritionists Administrative Fund"
which is hereby created in the state treasury. Moneys in the fund
are to be expended solely for the purposes set forth in this
article. All expenses incurred under this article shall be paid
from this special fund. No compensation or expense incurred
under this article may be a charge against the general revenue
funds of this state:
Provided,
That monies from the fund may
only be expended upon line item appropriation by the Legislature:
Provided, however,
That amounts collected which are found from
time to time to exceed the funds needed to effectuate thepurposes set forth in this subsection may be transferred to other
accounts or funds and redesignated for other purposes upon
appropriation by the Legislature.
§30-33-6. Provisional permits.
Provisional permits to engage in the practice of a dietetics
or nutrition may be issued by the board to persons who have not
met the experience requirements set forth in this article upon
the filing of an application and submission of evidence of
successful completion of the education requirements as set forth
in this article. A provisional permit expires one year from the
date of issuance. Renewals may be issued for a period not to
exceed three years upon submission to the board of satisfactory
explanation for the applicant's failure to become licensed. The
fee for a provisional permit is fifty dollars which shall be
submitted with the application for the permit to the board and
deposited to the credit of the fund.
§30-33-7. Qualifications; licensure; examinations; fees.
To obtain a license to engage in the practice of dietetics
or nutrition, an applicant for the license shall submit to the
board written evidence, verified by oath, that he or she (a)
complies with the code of ethics adopted by the boards; (b) has
completed a major course of study in human nutrition, foods and
nutrition, dietetics of food systems management and possesses a
baccalaureate or postbaccalaureate degree from a regionally
accredited institution; and (c) has completed a planned
continuous preprofessional experience component in dietetic
practice of not less than nine hundred hours under the
supervision of a registered dietitian or licensed dietitian.
Each applicant is required to pass a written examination
demonstrating competence in the discipline of dietetics and
nutrition. Each written examination may be supplemented by an
oral examination. Upon successfully passing such examination or
examinations, the board shall issue to the applicant a license to
engage in the practice of dietetics or nutrition. The board
shall determine the times and places for examinations. In the
event an applicant has failed to pass examinations on three
occasions, the applicant shall, in addition to the other
requirements of this section, present to the board such other
evidence of his or her qualifications as the board may prescribe:
Provided,
That for one year from the thirtieth day of June, one
thousand nine hundred ninety-three, the board shall waive the
examination requirements and shall grant a license to any person
who is registered by the commission on dietetic registration as
a registered dietitian or who possesses a baccalaureate or
postbaccalaureate degree from a regionally accredited institution
and completed a major course of study in the fields of human
nutrition, food and nutrition, dietetics, food systems management
or equivalent as approved by the board and has been engaged in
the practice of dietetics or nutrition for three of the last ten
years.
The board may, upon application and submission of the proper
fee, waive the examination requirement and issue a license to
practice dietetics or nutrition to an applicant who is registered
by the commission on dietetic registration or who has been duly
licensed as a nutritionist or dietitian under the laws of another
state if the standards for licensing in that state are no lessstringent than that required under the provisions of this
article.
Any person applying for a license as a dietitian or
nutritionist under the provisions of this article shall submit a
fee of fifty dollars with the application to the board to be
deposited to the credit of the fund.
§30-33-8. Renewal of licenses; reinstatement; fees; penalties;
inactive list.
The license of every person licensed under the provisions of
this article shall be annually renewed except as hereinafter
provided. At such time or times as the board in its discretion
may determine, the board shall mail a renewal application to
every person whose license was initially granted or renewed
during the previous year and persons seeking renewal shall submit
a completed application and fifty dollar annual renewal fee.
Upon receipt of the application and fee, the board shall verify
the accuracy of the application and, if it is accurate, issue to
the applicant a certificate of renewal of the license for the
current year. The certificate of renewal entitles the holder
thereof to practice dietetics or nutrition for the period stated
on the certificate of renewal. Any licensee who allows his or
her license to lapse by failing to renew for a period not
exceeding three years, may be reinstated by the board on
satisfactory explanation for such failure to renew his or her
license and on payment to the board of the annual renewal fee
hereinabove provided and a reinstatement fee of twenty-five
dollars. Any person allowing his or her license to lapse for a
period exceeding three years is required to be reinstated as alicensed dietitian or nutritionist, to pass a written examination
established by the board, and pay to the board a licensing fee of
fifty dollars. Any person engaged in the practice of dietetics
or nutrition during the time his or her license has lapsed is in
violation of the provisions of this article and is subject to the
penalties provided for in section twelve of this article. A
person licensed under the provisions of this article desiring to
retire from practice temporarily shall send a written notice of
such desire to the board. Upon receipt of such notice the board
shall place the name of such person upon the inactive list.
While remaining on this list the person is not subject to the
payment of any renewal fees and may not engage in the practice
dietetics or nutrition in this state. When the person desires to
resume active practice, application for renewal of license and
payment of the renewal fee for the current year shall be made to
the board.
§30-33-9. Contents of license or provisional permit.
Each license or provisional permit issued by the board shall
bear a serial number, the full name of the applicant, the date of
expiration of any such license, or the date of issuance and
expiration of any such provisional permit, the seal of the board,
and shall be signed by the secretary of the board. The licensee
must display the license in an appropriate location in view of
the public.
§30-33-10. License exemptions.
Persons who fall under the following categories are exempt
from licensing requirements:
(1) Persons licensed to practice medicine and dentistry whoperform nutrition counseling in the course of the practice of
their profession and those persons licensed to practice medicine
with postgraduate education in nutrition in an accredited
graduate medical program or with certification from the American
board of nutrition;
(2) Persons licensed to practice pharmacy, chiropractic
medicine or nursing who perform nutrition activities as a part of
the scope of their practice and perform nutrition counseling in
the course of the practice of their profession;
(3) Persons with a master or doctorate degree with a major
in nutrition or related field from an accredited institution and
who are engaged in education or research;
(4) An employee of a county board of education or an
accredited private or parochial elementary or secondary school
insofar as the activities and services are part of the duties of
the employee's salaried position;
(5) Persons employed by an agency, bureau or division of the
federal government while in the discharge of official duties. If
such person engages in the practice of dietetics or nutrition in
this state and outside the scope of such official duty, he must
be licensed as herein provided;
(6) Consulting dietitians who do not reside in West Virginia
and who practice no more than twelve days annually in this state;
(7) A dietetic student, dietetic trainee, dietetic intern,
dietary technician student or nutrition graduate student who is
involved in an approved academic program leading to a degree in
the field of dietetic or nutrition from an accredited college or
university who is under the direct supervision of a licenseddietitian and who engages in the practice of dietetics or
nutrition as part of such program or employment, if the person is
designated by a title which clearly indicates that the person is
a student, trainee, intern or technician;
(8) A dietary technician, dietary assistant, dietary manager
or certified dietary manager employed full time in a health care
institution and working under the direction or with consultation
from a licensed dietitian who counsel hospitalized or long term
care patients regarding food recommendations or restrictions or
dietary regimens prescribed by the attending physician;
(9) Persons who provide nutrition information as a nutrition
educator and a nutrition aide who are in the employ of a federal,
state, county or municipal agency or who is in the employ or
service of a nonprofit organization:
Provided,
That the
nutrition information is based on current recommended dietary
allowances of the food and nutrition board (national academy of
sciences/national research council); or has been developed with
the assistance of and has been approved by a person licensed to
engage in the practice of dietetics or nutrition;
(10) Persons who provide weight control classes and services
without a licensed dietitian, licensed nutritionist or registered
dietitian on the person's staff:
Provided,
That the classes and
services have been developed with the assistance of a person
licensed to engage in the practice of dietetics or nutrition or
a registered dietitian; or
(11) Individuals who furnish general nutrition information
on food, food materials or dietary supplements or who engage in
the explanation to customers about food or food products inconnection with the marketing and distribution of these products,
and who do not claim to be a dietician or nutritionist.
§30-33-11. Denial, revocation or suspension of license; grounds
for discipline.
The board may deny, revoke or suspend any license to engage
in the practice of dietetics or nutrition issued or applied for
in accordance with the provisions of this article, or to
otherwise discipline a licensee or applicant upon proof that he
or she:
(1) Is or was guilty of fraud or deceit in procuring or
attempting to procure a license or renewal to practice nutrition
or dietetics;
(2) Has been grossly negligent or exhibited unprofessional
or unethical conduct in the practice of dietetics or nutrition;
(3) Is habitually intemperate or is addicted to the use of
alcohol or controlled substances;
(4) Is mentally incompetent; or
(5) Has willfully or repeatedly violated any of the
provisions of this article.
§30-33-12. Prohibitions and penalties.
It is a misdemeanor for any person, including any
corporation or association, to:
(1) Sell or fraudulently obtain or furnish or to assist in
selling, fraudulently obtaining or furnishing any nutrition or
dietetics license or record;
(2) Engage in the practice of dietetics or nutrition under
cover of any diploma, license or record, illegally or
fraudulently obtained;
(3) Engage in the practice of dietetics or nutrition unless
duly licensed to do so under the provisions of this article;
(4) Use in connection with his or her name any designation
tending to imply that he or she is licensed to engage in the
practice of dietetics or nutrition unless duly licensed so to
practice under the provisions of this article;
(5) Engage in the practice of dietetics or nutrition during
the time his or her license issued under the provisions of this
article is suspended or revoked; or
(6) Otherwise violate any provisions of this article.
Any person, corporation or association in violation of any
of the provisions of this article is guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than two
hundred fifty dollars nor more than five hundred dollars.
§30-33-13. Termination of board.
The board of examiners for dietitians and nutritionists
shall be terminated pursuant to the provisions of article ten,
chapter four of this code, on the first day of July, one thousand
nine hundred ninety-eight, unless sooner terminated or unless
continued or reestablished pursuant to that article.