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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[Introduced March 7, 2001; referred to the Committee on
Government Organization.]
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A BILL 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 shall 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
(e) (f) "Registered dietitian" means a person registered by
the commission on dietetic regulation 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 hereby created 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 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 governor
shall appoint members of the board shall be appointed for
overlapping terms of four years: No member of the board may serve
more than 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 such the
vacancy is created.
(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 is the duty of the
chair to call a meeting of the board on the written request of
three members thereof of the board. The board shall keep an
accurate record of all proceedings and maintain such 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) Upon When an applicant successfully passing such 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 such other
evidence of his or her qualifications as that the board may
prescribe prescribes.
(d) Prior to the thirtieth day of June, one thousand nine
hundred ninety-seven, the board shall waive the examination
requirements of this section and shall grant a license to any
person who:
(1) Is registered by the commission on dietetic registration
as a registered dietitian; or
(2) Possesses a baccalaureate or postbaccalaureate degree and has completed a major course of study in the fields of human
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.
(e) (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.
(f) (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 fee 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 the its
holder thereof 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 such 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 such the retirement to
the board. Upon receipt of such the notice the board shall place
the name of such 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 fifty one hundred
dollars nor more than one five hundred dollars for each offense.
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(NOTE: The purpose of this bill is to define a scope of
practice for licensed dietitians, which may include the provision
of medical nutrition therapy. Licensed dietitians may also perform
other nutrition-related services to promote general health and to
prevent chronic diseases.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§30-35-2a is new; therefore, strike-throughs and underscoring
have been omitted.)