H. B. 4477
(By Delegates Douglas, Marshall, Angotti, Azinger, L. Smith and
(Originating in th Committee on Government Organization)
[February 9, 2000]
A BILL to amend and reenact section three, 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, relating to the board of examiners for licensed
dietitians; defining a scope of practice; and removing
limitation on reimbursement of expenses.
Be it enacted by the Legislature of the West Virginia:
That section three, 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.
§30-35-3. Board of licensed dietitians.
(a) There is hereby created 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 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. Thereafter, the
members of the board shall be appointed for overlapping terms 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 qualifications to
complete the unexpired term. Each vacancy occurring on the board
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, not to exceed fifty
dollars per day 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) At its initial meeting, and annually thereafter, 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 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
proceedings and maintain such 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.
Scope of practice.
(a) The scope of practice of licensed dietitians may include
the provision of medical nutrition therapy. As used in this
article, medical nutrition therapy means nutritional diagnostic
assessment and nutrition therapy services for the purpose of
disease management. Licensed dietitians may also perform other
nutrition related services to promote the general health, well-
being and the primary prevention of chronic diseases or conditions
based on sound scientific findings.
(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
Section two-a (2a) is new; therefore, strikethroughs and
underscoring have been omitted.