ENROLLED
Senate Bill No. 419
(By Senators Bailey, Craigo, Fanning, Sharpe, Love,
McCabe, Mitchell, Rowe, Hunter, Oliverio, Wooton, Sprouse, McKenzie and
Redd)
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[Passed April 12, 2001; in effect ninety days from passage.]
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AN ACT to amend and reenact sections two, three, seven, eight and
fourteen, article thirty-five, chapter thirty of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto
a new section, designated section two-a, all relating to the
board of examiners for licensed dietitians; defining a scope
of practice; terms of board members; compensation of board
members; license fees, renewal fees and reinstatement fees may
be established by rule; penalties; and removing limitation on
reimbursement of expenses.
Be it enacted by the Legislature of the West Virginia:
That sections two, three, seven, eight and fourteen, article thirty-five, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; and that said article be further amended by adding
thereto a new section, designated section two-a, all to read as
follows:
ARTICLE 35. BOARD OF DIETITIANS.
§30-35-2. Definitions.
As used in this article, the following terms have the meanings
ascribed to them:
(a) "Board" means the West Virginia board of licensed
dietitians;
(b) "Commission on dietetic registration" means the commission
on dietetic registration that is a member of the national
commission for health certifying agencies;
(c) "Fund" means the board of examiners for dietitians'
administrative fund created pursuant to the provisions of section
five of this article;
(d) "Licensed dietitian" means any person who has obtained a
license to practice as a licensed dietitian from the West Virginia
board of licensed dietitians;
(e) "Medical nutrition therapy" or "nutrition therapy" means nutritional diagnostic assessment and nutrition therapy services
for the purpose of disease management; and
(f) "Registered dietitian" means a person registered by the
commission on dietetic registration.
§30-35-2a. Scope of practice.
(a) The primary scope of practice of licensed dietitians is
the provision of medical nutrition therapy. Licensed dietitians
may also perform other nutrition-related services to promote the
general health, well-being and the prevention of chronic diseases
or conditions.
(b) Nothing in this article may be construed to prohibit or
otherwise limit the practice of a profession by persons who are
licensed, certified or registered under the laws of this state and
who are performing services within their authorized scope of
practice.
§30-35-3. Board of licensed dietitians.
(a) There is continued the West Virginia board of licensed
dietitians. The board consists of five members who shall be
appointed by the governor, by and with the advice and consent of
the Senate. The governor shall make appointments from a list of
not less than eight names submitted to the governor by the West Virginia dietetic association. Each member of the board shall be
a citizen of the United States and a resident of this state. Four
members shall have experience as a registered or licensed dietitian
for a minimum of three years preceding the date of appointment.
One member of the board shall be a lay person who is not a
registered or licensed dietitian and not subject to the practice
requirements of this subsection.
(b) The governor shall appoint members of the board for
overlapping terms of four years:
Provided, That each member shall
serve no more than two consecutive four-year terms:
Provided,
however, That appointments to fill a vacancy may not be considered
as one of two consecutive terms:
Provided further, That terms in
effect on the effective date of this section shall be considered as
one of two consecutive terms.
(c) In the event a board member is unable to complete a term,
the governor shall appoint a person with similar qualifications to
complete the unexpired term. Each vacancy occurring on the board
shall be filled by appointment within sixty days after the vacancy
is created.
(d) Each member of the board may receive compensation for
attendance at official meetings not to exceed the amount paid to members of the Legislature for their interim duties as recommended
by the citizens legislative compensation commission and authorized
by law and may be reimbursed for actual and necessary expenses
incurred for each day or portion thereof engaged in the discharge
of official duties in a manner consistent with guidelines of the
travel management office of the department of administration.
(e) Annually, the members shall elect a chair, vice chair and
secretary. 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 meetings shall be general meetings
for the consideration of any matter which may properly come before
the board. A majority of the board constitutes 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 the call of the chair. It is the duty of the chair to call
a meeting of the board on the written request of three members of
the board. The board shall keep an accurate record of all
proceedings and maintain the board records. The board may employ
personnel necessary to accomplish the performance of its duties:
Provided, That the board may not expend more than it has available
to it solely through the fees established in this article or as established in accordance with section six, article one of this
chapter.
§30-35-7. Qualifications; licensure; examinations; waivers and
fees.
(a) An applicant for a license to engage in practice as a
licensed dietitian shall submit to the board written evidence,
verified by oath, that he or she:
(1) Complies with the code of ethics adopted by the board;
(2) Has completed a major course of study in human nutrition,
dietetics, food systems management or the equivalent thereof and
possesses a baccalaureate or post-baccalaureate degree; and
(3) Has completed a planned continuous professional experience
component in dietetic practice of not less than nine hundred hours
under the supervision of a registered or licensed dietitian.
(b) 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. The board shall determine the times and places for
examinations.
(c) When an applicant successfully passes an examination or
examinations, the board shall issue to the applicant a license to engage in practice as a licensed dietitian. 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 other evidence of his or her
qualifications that the board prescribes.
(d) Upon application and submission of the
applicable fee, the board may waive the examination requirements of
this section and issue a license to practice as a licensed
dietitian 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 less stringent than
those required under the provisions of this article.
(e) Any person applying for a dietitian license shall submit
a fee of fifty dollars or a reasonable fee established by
legislative rule pursuant to section six, article one of this
chapter with the application to the board, which shall be deposited
to the credit of the fund provided in section five of this article.
§30-35-8. Renewal of licenses; reinstatement; fees; penalties;
inactive lists.
(a) The license of every person licensed under the provisions of this article shall be annually renewed except as otherwise
provided by this section. At such 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 calendar year. All persons seeking
renewal shall submit a completed application and a fifty-dollar
annual renewal fee or a reasonable renewal fee established by
legislative rule pursuant to section six, article one of this
chapter. 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 its holder
to practice dietetics for the period stated on the certificate of
renewal.
(b) 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 upon receipt of a satisfactory explanation
for the failure to renew his or her license and payment of the
annual renewal fee plus a reinstatement fee of twenty-five dollars
or a reasonable reinstatement fee established by legislative rule
pursuant to section six, article one of this chapter.
(c) Any person allowing his or her license to lapse for a
period exceeding three years is required, to be reinstated as a
licensed dietitian, to pass a written examination established by
the board and to pay to the board a licensing fee of fifty dollars
or a reasonable licensing fee established by legislative rule
pursuant to section six, article one of this chapter.
(d) Any person engaged in the practice of licensed dietetics
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 in section fourteen of this article.
(e) Any licensed dietitian who desires to retire from practice
temporarily shall submit a written notice of the retirement to the
board. Upon receipt of the notice the board shall place the name
of that person upon the inactive list. Any person remaining on the
inactive list may not engage in the practice of licensed dietetics
in this state and is not subject to the payment of any renewal
fees. Upon submission of an application for renewal of license and
payment of the renewal fee for the current year, a licensed
dietitian may resume active practice.
§30-35-14. Prohibitions and penalties.
(a) It is a misdemeanor for any person, corporation or association to:
(1) Sell, fraudulently obtain, furnish or assist in selling,
fraudulently obtaining or furnishing any dietitian license or
license record;
(2) Engage in the practice as a licensed dietitian under cover
of any diploma, license or record illegally or fraudulently
obtained;
(3) Represent or imply to the public that he or she is
authorized to use the title "dietitian" or "licensed dietitian" or
any other title intended to convey that impression, unless duly
licensed pursuant to the provisions of this article;
(4) Engage in the practice as a licensed dietitian during the
time his or her license is suspended or revoked; or
(5) Otherwise violate any provisions of this article.
(b) Any person, corporation or association who violates the
provisions of subsection (a) of this section or any rule
promulgated under this article is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars for each offense.
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