7 | 12 | | businesses, so as to repeal and reenact Chapter 11A, the "Dietetics Practice Act"; to provide2 |
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8 | 13 | | for the licensure of dietitian nutritionists and nutritionists; to provide for a short title; to3 |
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9 | 14 | | provide for the purpose of the chapter; to provide definitions; to establish the Georgia Board4 |
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10 | 15 | | of Examiners of Licensed Dietitian Nutritionists and Licensed Nutritionists; to provide for5 |
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11 | 16 | | powers, members, officers, and meetings of such board; to provide for the grant of a license6 |
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12 | 17 | | without examination; to provide for eligibility for licensure as a dietitian nutritionist and7 |
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13 | 18 | | nutritionist; to provide for provisional licenses; to permit applications to be made under oath;8 |
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14 | 19 | | to provide for such board to notify applicants of acceptance or rejection; to provide for9 |
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15 | 20 | | examinations; to provide for certain requirements of licensees; to provide for refusal,10 |
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16 | 21 | | suspension, or revocation of licenses; to provide for exceptions to licensure; to provide for11 |
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17 | 22 | | proceedings; to provide for statutory construction; to provide for scope of practice; to provide12 |
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18 | 23 | | for a qualified supervisor over a supervised practice experience in the practice of nutrition13 |
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19 | 24 | | and dietetics; to amend the Official Code of Georgia Annotated, so as to provide for14 |
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20 | 25 | | conforming cross-references; to provide for related matters; to provide for an effective date;15 |
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21 | 26 | | to repeal conflicting laws; and for other purposes.16 |
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22 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 |
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31 | 39 | | 43-11A-1.25 |
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32 | 40 | | This chapter shall be known and may be cited as the 'Practice of Nutrition and Dietetics26 |
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33 | 41 | | Act.'27 |
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34 | 42 | | 43-11A-2.28 |
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35 | 43 | | The General Assembly acknowledges that the application of scientific knowledge relating29 |
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36 | 44 | | to nutrition is important in the treatment of disease and in the attainment and maintenance30 |
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37 | 45 | | of health and acknowledges further that the rendering of sound dietetic or nutrition services31 |
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38 | 46 | | for the treatment or management of diseases or medical conditions in hospitals, nursing32 |
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39 | 47 | | homes, school districts, health departments, private practice and consultation, and other33 |
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40 | 48 | | settings requires trained and competent professionals. It is declared, therefore, to be the34 |
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41 | 49 | | purpose of this chapter to protect the health, safety, and welfare of the public by providing35 |
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42 | 50 | | for the licensure and regulation of the activities of persons engaged in the practice of36 |
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43 | 51 | | nutrition and dietetics.37 |
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44 | 52 | | 43-11A-3.38 |
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45 | 53 | | As used in this chapter, the term:39 |
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47 | 56 | | (1) 'ACEND' means the Accreditation Council for Education in Nutrition and Dietetics,40 |
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48 | 57 | | an accrediting agency for education programs preparing students for careers as registered41 |
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49 | 58 | | dietitian nutritionists or nutrition and dietetic technicians, registered, or its successor42 |
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50 | 59 | | organization.43 |
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51 | 60 | | (2) 'Advertising' means, but is not limited to, issuing or causing to be distributed any44 |
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52 | 61 | | card, sign, or other device; causing or permitting any sign or marking on or in any45 |
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53 | 62 | | building or structure or in any newspaper, magazine, or directory; or causing or46 |
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54 | 63 | | permitting any announcement on radio or any announcement or display on television, a47 |
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55 | 64 | | computer network, or an electronic or telephonic medium.48 |
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56 | 65 | | (3) 'Applicant' means any person seeking a license under this chapter.49 |
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57 | 66 | | (4) 'Board' means the Georgia Board of Examiners of Licensed Dietitian Nutritionists50 |
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58 | 67 | | and Licensed Nutritionists established by this chapter.51 |
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59 | 68 | | (5) 'Degree' means a degree received from a college or university accredited by the52 |
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60 | 69 | | appropriate regional accrediting agency recognized by the Council for Higher Education53 |
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61 | 70 | | Accreditation or its successor organization and the United States Department of54 |
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62 | 71 | | Education at the time the degree was received and accredited by ACEND, or a validated55 |
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63 | 72 | | foreign equivalent as recognized by the board by approval, policy, or rule.56 |
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64 | 73 | | (6) 'Dietetics' means the integration and application of dietary principles derived from57 |
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65 | 74 | | the science of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology,58 |
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66 | 75 | | pharmacology, and food systems and management and from behavioral and social59 |
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67 | 76 | | sciences for achieving and maintaining health throughout the life span. The practice of60 |
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68 | 77 | | dietetics is primarily the provision of nutrition care services, including medical nutrition61 |
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69 | 78 | | therapy provided via the nutrition care process, in-person or through telehealth, to62 |
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70 | 79 | | prevent, manage, or treat diseases or medical conditions and to promote wellness. 63 |
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71 | 80 | | Consistent with the level of competence, the practice of dietetics may include:64 |
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73 | 83 | | (A) Accepting or transmitting oral, verbal, delegated, or electronically transmitted65 |
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74 | 84 | | orders from a referring licensed provider consistent with applicable laws and rules in66 |
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75 | 85 | | conjunction with protocols established to implement medical nutrition therapy;67 |
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76 | 86 | | (B) Ordering patient diets, including therapeutic diets, via oral, enteral, and parenteral68 |
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77 | 87 | | routes;69 |
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78 | 88 | | (C) Ordering medical laboratory tests related to nutritional therapeutic treatments70 |
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79 | 89 | | consistent with state law;71 |
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80 | 90 | | (D) Implementing prescription drug dose adjustments in an inpatient setting for72 |
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81 | 91 | | specific disease treatment protocols within the limits of his or her knowledge, skills,73 |
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82 | 92 | | judgment, and current evidence-informed clinical practice guidelines as indicated in a74 |
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83 | 93 | | facility, medical staff, or medical director approved protocol and as approved and75 |
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84 | 94 | | delegated by a licensed prescribing practitioner;76 |
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85 | 95 | | (E) Implementing prescription drug dose adjustments in an outpatient setting for77 |
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86 | 96 | | specific disease treatment protocols within the limits of his or her knowledge, skills,78 |
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87 | 97 | | and judgment and as approved by and under the delegation of a licensed prescribing79 |
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88 | 98 | | practitioner;80 |
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89 | 99 | | (F) Recommending or ordering vitamin, mineral, and other dietary supplements or81 |
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90 | 100 | | discontinuing use of unnecessary vitamin, mineral, and other dietary supplements;82 |
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91 | 101 | | (G) Practicing dietetics via telehealth when appropriate for the individual or group83 |
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92 | 102 | | receiving the services and when the level of care provided by telehealth meets the84 |
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93 | 103 | | required level of care for that individual or group;85 |
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94 | 104 | | (H) Developing and managing food service operations for the management or86 |
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95 | 105 | | treatment of disease or medical conditions, including operations with the primary87 |
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96 | 106 | | function of nutrition care or recommending, ordering, or providing therapeutic diets;88 |
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97 | 107 | | and89 |
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98 | 108 | | (I) Providing advanced clinical nutrition care services and related support activities90 |
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99 | 109 | | consistent with current competencies required of academic and supervised practice91 |
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101 | 112 | | programs accredited by ACEND and in accordance with the scope and standards of92 |
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102 | 113 | | practice for a registered dietitian.93 |
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103 | 114 | | (7) 'General nonmedical nutrition information' means information on:94 |
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104 | 115 | | (A) Principles of human nutrition and food preparation;95 |
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105 | 116 | | (B) Principles of self-care and a healthy relationship with food;96 |
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106 | 117 | | (C) Essential nutrients needed by the human body;97 |
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107 | 118 | | (D) General and nonindividualized recommended amounts of essential nutrients in the98 |
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108 | 119 | | human body;99 |
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109 | 120 | | (E) Actions of nutrients in the human body;100 |
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110 | 121 | | (F) Nonindividualized effects of deficiencies or excesses of nutrients in the human101 |
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111 | 122 | | body; or102 |
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112 | 123 | | (G) General education surrounding foods, herbs, and dietary supplements that are good103 |
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113 | 124 | | sources of essential nutrients in the human body.104 |
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114 | 125 | | (8) 'Licensed dietitian nutritionist' means a person duly licensed under this chapter as105 |
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115 | 126 | | meeting the requirements provided for in subsection (a) of Code Section 43-11A-9 to106 |
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116 | 127 | | practice nutrition and dietetics, including the provision of medical nutrition therapy.107 |
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117 | 128 | | (9) 'Licensed nutritionist' means a person duly licensed under this chapter as meeting the108 |
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118 | 129 | | requirements provided for in subsection (b) of Code Section 43-11A-9 to practice109 |
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119 | 130 | | nutrition, including the provision of medical nutrition therapy.110 |
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120 | 131 | | (10) 'Medical nutrition therapy' means the provision of the following nutrition care111 |
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121 | 132 | | services for the treatment or management of a disease or medical condition: nutrition112 |
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122 | 133 | | assessment, nutrition diagnosis, nutrition intervention, and nutrition monitoring and113 |
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123 | 134 | | evaluation.114 |
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124 | 135 | | (11) 'Medical weight control' means medical nutrition therapy provided for the purpose115 |
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125 | 136 | | of reducing, maintaining, or gaining weight.116 |
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126 | 137 | | (12) 'Nonmedical weight control' means nutrition care services provided for the purpose117 |
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127 | 138 | | of reducing, maintaining, or gaining weight that do not constitute the treatment or118 |
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129 | 141 | | management of a disease or medical condition. Such term includes weight control119 |
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130 | 142 | | services for healthy population groups to achieve or maintain a healthy weight.120 |
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131 | 143 | | (13) 'Nutrition' means the integration and application of scientific principles derived121 |
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132 | 144 | | from the study of nutrition science, cellular and systemic metabolism, biochemistry,122 |
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133 | 145 | | physiology, and behavioral sciences for achieving and maintaining health throughout the123 |
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134 | 146 | | life span. The practice of nutrition is primarily the provision of nutrition care services,124 |
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135 | 147 | | including medical nutrition therapy, in-person or via telehealth, to prevent, manage, or125 |
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136 | 148 | | treat diseases or medical conditions and promote wellness. Consistent with the level of126 |
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137 | 149 | | competence, the practice of nutrition may include:127 |
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138 | 150 | | (A) Accepting or transmitting oral, verbal, delegated, or electronically transmitted128 |
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139 | 151 | | orders from a referring licensed provider consistent with applicable laws and rules in129 |
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140 | 152 | | conjunction with protocols established to implement medical nutrition therapy;130 |
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141 | 153 | | (B) Ordering patient diets, including therapeutic diets. Therapeutic diets consisting of131 |
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142 | 154 | | enteral or parenteral nutrition therapy shall only be ordered by a practitioner licensed132 |
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143 | 155 | | under this chapter when the practitioner is a registered dietitian or certified nutrition133 |
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144 | 156 | | clinician certified by the National Board of Nutrition Support Certification or otherwise134 |
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145 | 157 | | satisfies requirements established by the board by rule or regulation that are consistent135 |
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146 | 158 | | with the competencies necessary for evaluating, ordering, and administering enteral and136 |
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147 | 159 | | parenteral nutrition therapies;137 |
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148 | 160 | | (C) Ordering medical laboratory tests related to nutritional therapeutic treatments138 |
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149 | 161 | | consistent with state law;139 |
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150 | 162 | | (D) Implementing prescription drug dose adjustments in an outpatient setting for140 |
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151 | 163 | | specific disease treatment protocols within the limits of his or her knowledge, skills,141 |
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152 | 164 | | and judgment and as approved by and under the delegation of a licensed prescribing142 |
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153 | 165 | | practitioner;143 |
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154 | 166 | | (E) Providing recommendations on vitamin, mineral, and other dietary supplements;144 |
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155 | 167 | | and145 |
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157 | 170 | | (F) Practicing nutrition via telehealth when it is appropriate for the individual or group146 |
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158 | 171 | | receiving the services and when the level of care provided by telehealth meets the147 |
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159 | 172 | | required level of care for that individual or group.148 |
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160 | 173 | | (14) 'Nutrition assessment' means the ongoing, dynamic, and systematic process of149 |
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161 | 174 | | ordering, obtaining, verifying, and interpreting biochemical, anthropometric, physical,150 |
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162 | 175 | | nutrigenomic, and dietary data to make decisions about the nature and cause of nutrition151 |
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163 | 176 | | related problems relative to patient or community needs. Such term includes the initial152 |
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164 | 177 | | data collection and evaluation and any reassessment and analysis of patient or community153 |
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165 | 178 | | needs and provides the foundation for nutrition diagnosis and nutritional154 |
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166 | 179 | | recommendations. Nutrition assessment may require ordering laboratory tests to check155 |
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167 | 180 | | and track nutritional status. The collection of such data shall not, by itself, constitute156 |
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168 | 181 | | nutrition assessment.157 |
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169 | 182 | | (15) 'Nutrition care process' means the systematic problem-solving method that licensed158 |
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170 | 183 | | dietitian nutritionists use to critically think and make decisions when providing medical159 |
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171 | 184 | | nutrition therapy or to address nutrition related problems and provide safe, effective care.160 |
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172 | 185 | | Such term consists of four distinct but interrelated steps: nutrition assessment, nutrition161 |
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173 | 186 | | diagnosis, nutrition intervention, and nutrition monitoring and evaluation.162 |
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174 | 187 | | (16) 'Nutrition care services' means any part or all of the following services provided163 |
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175 | 188 | | within a systematic process:164 |
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176 | 189 | | (A) Assessing and evaluating the nutritional needs of individuals and groups and165 |
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177 | 190 | | determining resources and constraints in a practice setting, including ordering nutrition166 |
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178 | 191 | | related laboratory tests to check and track nutrition status;167 |
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179 | 192 | | (B) Identifying nutrition problems and establishing priorities, goals, and objectives that168 |
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180 | 193 | | meet nutritional needs and are consistent with available resources and constraints;169 |
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181 | 194 | | (C) Creating individualized dietary plans, including therapeutic diets; issuing and170 |
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182 | 195 | | implementing dietary orders to meet the nutritional needs of healthy individuals and171 |
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184 | 198 | | individuals in acute and chronic disease states; and monitoring the effectiveness of such172 |
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185 | 199 | | dietary plans and orders;173 |
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186 | 200 | | (D) Determining and providing appropriate nutrition interventions in health and174 |
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187 | 201 | | disease, including nutrition counseling on food and prescription drug interactions;175 |
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188 | 202 | | (E) Developing, implementing, and managing nutrition care processes; or176 |
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189 | 203 | | (F) Evaluating, making changes to, and maintaining appropriate standards of quality177 |
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190 | 204 | | in food and nutrition services.178 |
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191 | 205 | | (17) 'Nutrition counseling' means a supportive process, characterized by a collaborative179 |
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192 | 206 | | counselor-patient or counselor-client relationship with individuals or groups, to establish180 |
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193 | 207 | | food and nutrition priorities, goals, individualized action plans, and general physical181 |
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194 | 208 | | activity guidance that acknowledge and foster responsibility for self-care to promote182 |
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195 | 209 | | health and wellness or to treat or manage an existing disease or medical condition.183 |
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196 | 210 | | (18) 'Nutrition diagnosis' means identifying and labeling nutritional problems managed184 |
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197 | 211 | | and treated by a licensed dietitian nutritionist but does not include a medical diagnosis185 |
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198 | 212 | | of the health status of an individual.186 |
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199 | 213 | | (19) 'Nutrition intervention' means purposefully planned interventions, including187 |
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200 | 214 | | nutrition counseling, intended to positively change a nutrition related behavior, risk188 |
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201 | 215 | | factor, environmental condition, or aspect of the health status of an individual, his or her189 |
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202 | 216 | | family or caregivers, target groups, or the community at large. Such term includes190 |
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203 | 217 | | approving, ordering, and monitoring therapeutic diets and counseling on food and191 |
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204 | 218 | | prescription drug interactions.192 |
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205 | 219 | | (20) 'Nutrition monitoring and evaluation' means: identifying patient outcomes relevant193 |
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206 | 220 | | to a nutrition diagnosis, intervention plans, and goals; comparing those outcomes with a194 |
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207 | 221 | | patient's previous health status, intervention plans, and goals or with a reference standard195 |
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208 | 222 | | to determine the progress made in achieving desired outcomes of nutrition care services;196 |
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209 | 223 | | and determining whether planned nutrition interventions should be continued, revised,197 |
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210 | 224 | | or concluded.198 |
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212 | 227 | | (21) 'Patient' means an individual recipient of nutrition care services, whether in an199 |
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213 | 228 | | outpatient, inpatient, or nonclinical setting.200 |
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214 | 229 | | (22) 'Provisionally licensed dietitian nutritionist' or 'provisionally licensed nutritionist'201 |
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215 | 230 | | means a person provisionally licensed as provided for in Code Section 43-11A-10.202 |
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216 | 231 | | (23) 'Qualified supervisor' means an individual providing supervision who assumes full203 |
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217 | 232 | | professional responsibility for the work of the supervisee by verifying, directing, and204 |
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218 | 233 | | approving the provided nutrition care services, medical nutrition therapy, and other work205 |
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219 | 234 | | being supervised, as provided for in Code Section 43-11A-19.206 |
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220 | 235 | | (24) 'Registered dietitian nutritionist' means a person who is credentialed by the207 |
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221 | 236 | | Commission on Dietetic Registration or its successor organization as a registered dietitian208 |
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222 | 237 | | nutritionist or a registered dietitian and is authorized to use such title and the designation209 |
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223 | 238 | | 'RDN' or 'RD.'210 |
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224 | 239 | | (25) 'Supervisee' means a student, intern, or trainee providing nutrition care services and211 |
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225 | 240 | | other work under the supervision of a qualified supervisor, as provided for in Code212 |
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226 | 241 | | Section 43-11A-19.213 |
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227 | 242 | | (26) 'Telehealth' means the use of electronic information and telecommunications214 |
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228 | 243 | | technologies to provide services under this chapter between a healthcare provider in one215 |
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229 | 244 | | location and an individual in another location to support clinical healthcare, public health,216 |
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230 | 245 | | patient health related education, and health administration.217 |
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231 | 246 | | (27) 'Therapeutic diet' means a diet intervention prescribed by a licensed physician or218 |
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232 | 247 | | other authorized nonphysician practitioner that provides food or nutrients via oral,219 |
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233 | 248 | | enteral, or parenteral routes as part of the treatment of a disease or clinical condition to220 |
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234 | 249 | | modify, eliminate, decrease, or increase identified micronutrients and macronutrients in221 |
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235 | 250 | | a patient's diet, or to provide mechanically altered food when indicated.222 |
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236 | 251 | | (28) 'Unrestricted practice of medical nutrition therapy' means the provision of medical223 |
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237 | 252 | | nutrition therapy by an individual who is responsible for his or her own practice or224 |
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238 | 253 | | treatment procedures.225 |
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240 | 256 | | 43-11A-4.226 |
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241 | 257 | | (a) The Georgia Board of Examiners of Licensed Dietitians in existence prior to227 |
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242 | 258 | | July 1, 2024, is continued in existence thereafter as the Georgia Board of Examiners of228 |
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243 | 259 | | Licensed Dietitian Nutritionists and Licensed Nutritionists. Those persons serving as229 |
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244 | 260 | | members of the board immediately prior to July 1, 2024, shall continue to serve out their230 |
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245 | 261 | | respective terms of office and until their successors are appointed and qualified. The board231 |
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246 | 262 | | shall consist of seven members as follows:232 |
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247 | 263 | | (1) Five members shall be licensed dietitian nutritionists and one member shall be a233 |
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248 | 264 | | licensed nutritionist; provided, however, that, of those six members, at least one member234 |
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249 | 265 | | shall be from each of the following areas of the practice of nutrition and dietetics: clinical235 |
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250 | 266 | | nutrition and dietetics, community or public health nutrition and dietetics, and the private236 |
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251 | 267 | | practice of nutrition and dietetics; provided, further, that at least one member shall be an237 |
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252 | 268 | | educator on the faculty of a college or university specializing in the field of nutrition and238 |
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253 | 269 | | dietetics; and239 |
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254 | 270 | | (2) One member shall represent the public at large.240 |
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255 | 271 | | (b) Members of the board shall be appointed by the Governor with the confirmation of the241 |
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256 | 272 | | Senate. Members of the board shall take office on the first day of July immediately242 |
---|
257 | 273 | | following the expired terms of that office and shall serve for terms of four years and until243 |
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258 | 274 | | their successors are appointed and qualified. Those persons serving as members of the244 |
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259 | 275 | | board immediately prior to July 1, 2024, shall continue to serve out their respective terms245 |
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260 | 276 | | of office and until their respective successors are appointed and qualified. Any person246 |
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261 | 277 | | appointed to the board when the Senate is not in session may serve on the board without247 |
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262 | 278 | | Senate confirmation until the Senate acts on that appointment. No member shall serve on248 |
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263 | 279 | | the board for more than two consecutive terms. Any vacancy shall be filled by the249 |
---|
264 | 280 | | Governor subject to confirmation of the Senate.250 |
---|
265 | 281 | | (c) All members of the board shall be reimbursed as provided for in subsection (f) of Code251 |
---|
266 | 282 | | Section 43-1-2.252 |
---|
268 | 285 | | (d) All members of the board shall take the constitutional oath of office.253 |
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269 | 286 | | 43-11A-5.254 |
---|
270 | 287 | | (a) Professional members of the board shall:255 |
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271 | 288 | | (1) Be citizens of the United States and residents of this state;256 |
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272 | 289 | | (2) Have engaged in the practice of nutrition and dietetics for compensation for not less257 |
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273 | 290 | | than five years; and258 |
---|
274 | 291 | | (3) Be licensed under this chapter.259 |
---|
275 | 292 | | (b) Consumer members of the board shall be appointed by the Governor from the public260 |
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276 | 293 | | at large, shall be citizens of the United States and residents of this state, and shall have no261 |
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277 | 294 | | connection whatsoever with the practice of nutrition or dietetics.262 |
---|
278 | 295 | | (c) The Governor may remove members of the board, after notice and opportunity for263 |
---|
279 | 296 | | hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any264 |
---|
280 | 297 | | felony, failure to meet the qualifications of this chapter, or committing any act prohibited265 |
---|
281 | 298 | | by this chapter.266 |
---|
282 | 299 | | (d) Initial members of the board may be exempt from the requirements established in267 |
---|
283 | 300 | | paragraphs (2) and (3) of subsection (a) of this Code section, provided that such members268 |
---|
284 | 301 | | possess the qualifications for a license under this chapter and apply for such license within269 |
---|
285 | 302 | | six months of the availability of such license.270 |
---|
286 | 303 | | 43-11A-6.271 |
---|
287 | 304 | | The board shall meet annually and shall elect from its members a chairperson, a vice272 |
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288 | 305 | | chairperson, and any other officers as deemed necessary who shall hold office according273 |
---|
289 | 306 | | to the rules adopted by the board. In addition to its annual meeting, the board shall hold274 |
---|
290 | 307 | | at least two other meetings each year as provided by the rules adopted by the board.275 |
---|
292 | 310 | | 43-11A-7.276 |
---|
293 | 311 | | The board shall have the power to:277 |
---|
294 | 312 | | (1) Enforce the provisions of this chapter, and it shall be granted all of the necessary278 |
---|
295 | 313 | | duties, powers, and authority to carry out this responsibility;279 |
---|
296 | 314 | | (2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the280 |
---|
297 | 315 | | administration and enforcement of this chapter in the protection of public health, safety,281 |
---|
298 | 316 | | and welfare;282 |
---|
299 | 317 | | (3) License duly qualified applicants by examination, endorsement, or reinstatement;283 |
---|
300 | 318 | | (4) Implement a disciplinary process;284 |
---|
301 | 319 | | (5) Enforce qualifications for licensure;285 |
---|
302 | 320 | | (6) Set standards for competency of licensees continuing in or returning to practice;286 |
---|
303 | 321 | | (7) Issue orders when a license is surrendered to the board while a complaint,287 |
---|
304 | 322 | | investigation, or disciplinary action against such license is pending;288 |
---|
305 | 323 | | (8) Adopt, revise, and enforce rules regarding advertising by licensees, including, but not289 |
---|
306 | 324 | | limited to, rules to prohibit false, misleading, or deceptive practices;290 |
---|
307 | 325 | | (9) Adopt, publish in print or electronically, and enforce a code of ethics;291 |
---|
308 | 326 | | (10) Establish examination and licensing fees;292 |
---|
309 | 327 | | (11) Request and receive the assistance of state educational institutions or other state293 |
---|
310 | 328 | | agencies;294 |
---|
311 | 329 | | (12) Prepare information of consumer interest describing the regulatory functions of the295 |
---|
312 | 330 | | board and describing the procedures by which consumer complaints are filed with and296 |
---|
313 | 331 | | resolved by the board. The board shall make the information available to the general297 |
---|
314 | 332 | | public and appropriate state agencies;298 |
---|
315 | 333 | | (13) Establish continuing education requirements;299 |
---|
316 | 334 | | (14) Adopt a seal which shall be affixed only in such manner as prescribed by the board;300 |
---|
317 | 335 | | and301 |
---|
319 | 338 | | (15) Conduct a national background check, as provided for in Code Sections 43-11A-11302 |
---|
320 | 339 | | and 43-11A-15, by the submission of fingerprints to the Federal Bureau of Investigation303 |
---|
321 | 340 | | through the Georgia Crime Information Center; provided, however, that reports from304 |
---|
322 | 341 | | such background checks shall not be shared with entities outside of this state.305 |
---|
323 | 342 | | 43-11A-8.306 |
---|
324 | 343 | | (a) The board shall adopt rules and regulations implementing a process by which307 |
---|
325 | 344 | | transitioning service members may qualify for licensure, as provided for in Code308 |
---|
326 | 345 | | Section 43-1-34.309 |
---|
327 | 346 | | (b) The board shall issue an expedited license by endorsement to any individual who is a310 |
---|
328 | 347 | | spouse of a service member or transitioning service member stationed within the State of311 |
---|
329 | 348 | | Georgia, as provided for in Code Section 43-1-35.312 |
---|
330 | 349 | | (c) The board may grant, upon application and payment of proper fees, a license without313 |
---|
331 | 350 | | examination to a person who, at the time of application, holds a valid license or314 |
---|
332 | 351 | | certification as a licensed or certified dietitian nutritionist, dietitian, or nutritionist issued315 |
---|
333 | 352 | | by another state, political territory, or jurisdiction acceptable to the board if, in the board's316 |
---|
334 | 353 | | opinion, the requirements for such license or certification are substantially the same as the317 |
---|
335 | 354 | | requirements of this chapter and rules and regulations promulgated by the board.318 |
---|
336 | 355 | | 43-11A-9.319 |
---|
337 | 356 | | (a) Each applicant for a license as a licensed dietitian nutritionist shall be at least 18 years320 |
---|
338 | 357 | | of age, submit a completed application upon a form and in such manner as the board321 |
---|
339 | 358 | | prescribes, pay any applicable fees, and:322 |
---|
340 | 359 | | (1) Present evidence satisfactory to the board that the applicant holds a current and valid323 |
---|
341 | 360 | | registration as a registered dietitian nutritionist; or324 |
---|
342 | 361 | | (2) Submit proof of:325 |
---|
343 | 362 | | (A) Completion of a master's or doctoral degree;326 |
---|
345 | 365 | | (B) Satisfactory completion of a planned, documented, supervised experience in the327 |
---|
346 | 366 | | practice of nutrition and dietetics accredited by ACEND, consisting of not less than328 |
---|
347 | 367 | | 1,000 hours of supervised practice under the supervision of a qualified supervisor as329 |
---|
348 | 368 | | provided for in Code Section 43-11A-19; provided, however, that an applicant shall330 |
---|
349 | 369 | | complete such experience within five years of earning the degree required under331 |
---|
350 | 370 | | subparagraph (A) of this paragraph; provided, further, that the board in its discretion332 |
---|
351 | 371 | | may grant an extension for a limited time for extraordinary circumstances;333 |
---|
352 | 372 | | (C) Passage of the examination for registered dietitian nutritionists administered by the334 |
---|
353 | 373 | | Commission on Dietetic Registration or its successor organization; provided , however,335 |
---|
354 | 374 | | that, if such passage occurred more than five years before license application, the336 |
---|
355 | 375 | | applicant shall demonstrate completion of 75 hours of continuing education that satisfy337 |
---|
356 | 376 | | the continuing education criteria of the board for each five-year period338 |
---|
357 | 377 | | post-examination; and339 |
---|
358 | 378 | | (D) Completion of such other requirements as may be prescribed by the board.340 |
---|
359 | 379 | | (b) Each applicant for a license as a licensed nutritionist shall be at least 18 years of age,341 |
---|
360 | 380 | | submit a completed application upon a form and in such manner as the board prescribes,342 |
---|
361 | 381 | | pay any applicable fees, and submit proof of:343 |
---|
362 | 382 | | (1) Completion of a master's or doctoral degree with a major course of study in human344 |
---|
363 | 383 | | nutrition, food and nutrition, community nutrition, public health nutrition, nutrition345 |
---|
364 | 384 | | education, nutrition science, clinical nutrition, applied clinical nutrition, nutrition346 |
---|
365 | 385 | | counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and347 |
---|
366 | 386 | | integrative health, or a comparable major or in a field of clinical healthcare; provided,348 |
---|
367 | 387 | | however, that the applicant has completed coursework leading to competence in medical349 |
---|
368 | 388 | | nutrition therapy, including, but not limited to:350 |
---|
369 | 389 | | (A) Fifteen semester hours of courses on clinical or life sciences, including at least351 |
---|
370 | 390 | | three semester hours on human anatomy and physiology or an equivalent subject; and352 |
---|
372 | 393 | | (B) Fifteen semester hours of courses on nutrition and metabolism, including at least353 |
---|
373 | 394 | | six semester hours on biochemistry;354 |
---|
374 | 395 | | (2) Satisfactory completion of a planned, documented, and supervised practice355 |
---|
375 | 396 | | experience demonstrating competence in providing nutrition care services and medical356 |
---|
376 | 397 | | nutrition therapy approved by the board and meeting all of the following requirements:357 |
---|
377 | 398 | | (A) An applicant shall complete a supervised practice experience under this paragraph358 |
---|
378 | 399 | | within five years of completing the requirements provided for in paragraph (1) of this359 |
---|
379 | 400 | | subsection; provided, however, that the board in its discretion may grant an extension360 |
---|
381 | 402 | | (B) A supervised practice experience provided for in this paragraph shall:362 |
---|
382 | 403 | | (i) Involve at least 1,000 hours in the following practice areas, with a minimum363 |
---|
383 | 404 | | of 200 hours in each practice area: conducting nutrition assessment and nutrition364 |
---|
384 | 405 | | diagnosis, nutrition intervention, and nutrition monitoring and evaluation;365 |
---|
385 | 406 | | (ii) Be under the supervision of a qualified supervisor as provided for in Code366 |
---|
386 | 407 | | Section 43-11A-19; and367 |
---|
387 | 408 | | (iii) Prepare an applicant, as determined by the board, to provide nutrition care368 |
---|
388 | 409 | | services for various populations of diverse cultures, genders, and ages, and to be able369 |
---|
389 | 410 | | to competently formulate actionable medical nutrition therapies and nutrition370 |
---|
390 | 411 | | interventions, nutrition education, nutrition counseling, and ongoing nutrition care371 |
---|
391 | 412 | | services for the prevention, modulation, and management of a range of acute and372 |
---|
392 | 413 | | chronic medical conditions;373 |
---|
393 | 414 | | (3) Satisfaction of examination requirements by:374 |
---|
394 | 415 | | (A) Passage of the certified nutrition specialist examination administered by the Board375 |
---|
395 | 416 | | for Certification of Nutrition Specialists or its successor organization, or passage of an376 |
---|
396 | 417 | | equivalent examination on all aspects of the practice of nutrition and dietetics that is377 |
---|
397 | 418 | | accredited by the National Commission for Certifying Agencies or its successor378 |
---|
398 | 419 | | organization and that is approved by a two-thirds' vote of the board; provided, however,379 |
---|
400 | 422 | | that, if such passage occurred more than five years before the license application, the380 |
---|
401 | 423 | | applicant shall demonstrate to the satisfaction of the board completion of 75 hours of381 |
---|
402 | 424 | | continuing education per each five-year period post-examination; or382 |
---|
403 | 425 | | (B) Demonstration the applicant holds a current and valid certification from the Board383 |
---|
404 | 426 | | for Certification of Nutrition Specialists or its successor organization that allows the384 |
---|
405 | 427 | | applicant to use the title 'certified nutrition specialist' or the designation 'CNS'; and385 |
---|
406 | 428 | | (4) Completion of such other requirements as may be prescribed by the board.386 |
---|
407 | 429 | | (c) All persons licensed or who have submitted an application for licensure prior to387 |
---|
408 | 430 | | July 1, 2024, shall remain licensed, be eligible for reactivation, or be eligible for licensure388 |
---|
409 | 431 | | under the requirements in place at the time of licensure or application, so long as the389 |
---|
410 | 432 | | applicant or licensee remains in good standing and maintains an active or inactive license390 |
---|
411 | 433 | | if obtained or once it is obtained. Such persons shall be licensed as dietitian nutritionists.391 |
---|
412 | 434 | | 43-11A-10.392 |
---|
413 | 435 | | The board, at its discretion, may issue a provisional license for an individual to practice as393 |
---|
414 | 436 | | a provisionally licensed dietitian nutritionist or provisionally licensed nutritionist for one394 |
---|
415 | 437 | | year under the supervision of a licensed dietitian nutritionist or licensed nutritionist upon395 |
---|
416 | 438 | | the filing of an application with appropriate fees and submission of evidence of successful396 |
---|
417 | 439 | | completion of a substantial portion of the requirements for licensure as provided for in397 |
---|
418 | 440 | | Code Section 43-11A-9; provided, however, that the board, at its discretion, may allow398 |
---|
419 | 441 | | such licensee to renew such provisional license for a length of time determined by the399 |
---|
420 | 442 | | board; provided, further, that the board may require a renewal fee for such licensee to400 |
---|
421 | 443 | | maintain such provisional license.401 |
---|
422 | 444 | | 43-11A-11.402 |
---|
423 | 445 | | (a) As used in this Code section, the term 'conviction data' means a record of a finding or403 |
---|
424 | 446 | | verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime,404 |
---|
426 | 449 | | regardless of whether an appeal of the conviction has been sought, or a record of a405 |
---|
427 | 450 | | sentencing to first offender treatment without an adjudication of guilt.406 |
---|
428 | 451 | | (b) With respect to the provisions of Code Section 43-11A-15, the board shall be407 |
---|
429 | 452 | | authorized to obtain conviction data with respect to an applicant or licensee. The board408 |
---|
430 | 453 | | may require an applicant or licensee who has been convicted of, pled nolo contendere to,409 |
---|
431 | 454 | | or been granted first offender treatment upon being charged with any criminal offense other410 |
---|
432 | 455 | | than a traffic violation or any traffic violation that involved driving under the influence of411 |
---|
433 | 456 | | alcohol or drugs, homicide or feticide by vehicle, fleeing the scene of an accident,412 |
---|
434 | 457 | | attempting to elude a police officer, or impersonating a law enforcement officer to submit413 |
---|
435 | 458 | | to the board two complete sets of classifiable fingerprints of the applicant or licensee. 414 |
---|
436 | 459 | | Upon receipt thereof, the board shall submit both sets of fingerprints to the Georgia Crime415 |
---|
437 | 460 | | Information Center which shall promptly transmit one set of fingerprints to the Federal416 |
---|
438 | 461 | | Bureau of Investigation for a search of bureau records and an appropriate report. The417 |
---|
439 | 462 | | Georgia Crime Information Center shall retain the other set of fingerprints and promptly418 |
---|
440 | 463 | | conduct a search of its own records and records to which it has access. The Georgia Crime419 |
---|
441 | 464 | | Information Center shall notify the board in writing of any derogatory finding, including,420 |
---|
442 | 465 | | but not limited to, any conviction data regarding the fingerprint records check or if there421 |
---|
443 | 466 | | is no such finding. All conviction data received by the board shall be used by it for the422 |
---|
444 | 467 | | exclusive purpose of carrying out its responsibilities under this chapter, shall not be a423 |
---|
445 | 468 | | public record, shall be privileged, and shall not be disclosed to any other person or agency424 |
---|
446 | 469 | | except as provided in Code Section 43-11A-15.425 |
---|
447 | 470 | | (c) The board may require that all applications be made under oath.426 |
---|
448 | 471 | | 43-11A-12.427 |
---|
449 | 472 | | After evaluation of an application and other evidence submitted, the board shall notify each428 |
---|
450 | 473 | | applicant that the application and evidence submitted are satisfactory and accepted or429 |
---|
452 | 476 | | unsatisfactory and rejected. If the application and evidence are unsatisfactory and rejected,430 |
---|
453 | 477 | | the notice shall state the reasons for the rejection.431 |
---|
454 | 478 | | 43-11A-13.432 |
---|
455 | 479 | | Examinations to determine qualifications for licensure as provided for in Code433 |
---|
456 | 480 | | Section 43-11A-9 shall be administered to qualified applicants at least twice each calendar434 |
---|
457 | 481 | | year. The examinations may be administered by a national testing service. The board shall435 |
---|
458 | 482 | | notify each examinee of the results of the examination.436 |
---|
459 | 483 | | 43-11A-14.437 |
---|
460 | 484 | | (a) A license issued by the board is the property of the board and shall be surrendered on438 |
---|
461 | 485 | | demand.439 |
---|
462 | 486 | | (b) The licensee shall display the license certificate in an appropriate and public manner.440 |
---|
463 | 487 | | (c) The licensee shall inform the board of any change of address.441 |
---|
464 | 488 | | (d) If a licensee is not in violation of this chapter at the time of application for renewal and442 |
---|
465 | 489 | | if such licensee fulfills current requirements of continuing education as established by the443 |
---|
466 | 490 | | board and pays any requisite fees, such license shall be renewed biennially.444 |
---|
467 | 491 | | (e) Each licensee is responsible for renewing his or her license before the expiration date.445 |
---|
468 | 492 | | (f) Under procedures and conditions established by the board, a licensee may request that446 |
---|
469 | 493 | | his or her license be declared inactive; provided, however, that such licensee may apply for447 |
---|
470 | 494 | | active status at any time and, upon meeting the conditions set by the board, shall be448 |
---|
471 | 495 | | declared active.449 |
---|
472 | 496 | | 43-11A-15.450 |
---|
473 | 497 | | The board may refuse to grant or renew a license to an applicant; administer a public or451 |
---|
474 | 498 | | private reprimand, but a private reprimand shall not be disclosed to any person except the452 |
---|
475 | 499 | | licensee; suspend the license of any licensee for a definite period or for an indefinite period453 |
---|
477 | 502 | | in connection with any condition which may be attached to the restoration of such license;454 |
---|
478 | 503 | | limit or restrict the license of any licensee as the board deems necessary for the protection455 |
---|
479 | 504 | | of the public; revoke any license; condition the penalty upon, or withhold formal456 |
---|
480 | 505 | | disposition pending, the applicant's or licensee's submission to such care, counseling, or457 |
---|
481 | 506 | | treatment as the board may direct; or impose a fine not to exceed $500.00 for each violation458 |
---|
482 | 507 | | of a law, rule, or regulation relating to the profession regulated by this chapter upon a459 |
---|
483 | 508 | | finding by a majority of the board that the licensee or applicant has:460 |
---|
484 | 509 | | (1) Failed to demonstrate the qualifications or standards for a license contained in this461 |
---|
485 | 510 | | chapter or under the laws, rules, or regulations under which licensure is sought or held. 462 |
---|
486 | 511 | | It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board463 |
---|
487 | 512 | | that such applicant meets all the requirements for the issuance of a license, and, if the464 |
---|
488 | 513 | | board is not satisfied as to the applicant's qualifications, it may deny a license without a465 |
---|
489 | 514 | | prior hearing; provided, however, that the applicant shall be allowed to appear before the466 |
---|
490 | 515 | | board if he or she so desires;467 |
---|
491 | 516 | | (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the468 |
---|
492 | 517 | | practice of a business or profession licensed under this title or on any document469 |
---|
493 | 518 | | connected therewith, or practiced fraud or deceit or intentionally made any false470 |
---|
494 | 519 | | statement in obtaining a license to practice the licensed business or profession, or made471 |
---|
495 | 520 | | a false statement or deceptive registration with the board;472 |
---|
496 | 521 | | (3) Been convicted of any felony or of any crime involving moral turpitude in the courts473 |
---|
497 | 522 | | of this state or any other state, territory, or country or in the courts of the United States;474 |
---|
498 | 523 | | as used in this paragraph and paragraph (4) of this Code section, the term 'felony' shall475 |
---|
499 | 524 | | include any offense which, if committed in this state, would be deemed a felony, without476 |
---|
500 | 525 | | regard to its designation elsewhere; and, as used in this paragraph, the term 'convicted'477 |
---|
501 | 526 | | shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an478 |
---|
502 | 527 | | appeal of the conviction has been sought;479 |
---|
504 | 530 | | (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime480 |
---|
505 | 531 | | involving moral turpitude, where:481 |
---|
506 | 532 | | (A) A plea of nolo contendere was entered to the charge;482 |
---|
507 | 533 | | (B) First offender treatment without adjudication of guilt pursuant to the charge was483 |
---|
508 | 534 | | granted; or484 |
---|
509 | 535 | | (C) An adjudication or sentence was otherwise withheld or not entered on the charge.485 |
---|
510 | 536 | | The plea of nolo contendere or the order entered pursuant to the provisions of Article 3486 |
---|
511 | 537 | | of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender487 |
---|
512 | 538 | | treatment shall be conclusive evidence of arrest and sentencing for such crime;488 |
---|
513 | 539 | | (5) Had his or her license to practice a business or profession licensed under this title489 |
---|
514 | 540 | | revoked, suspended, or annulled by any lawful licensing authority other than the board;490 |
---|
515 | 541 | | had other disciplinary action taken against him or her by any such lawful licensing491 |
---|
516 | 542 | | authority other than the board; was denied a license by any such lawful licensing492 |
---|
517 | 543 | | authority other than the board, pursuant to disciplinary proceedings; or was refused the493 |
---|
518 | 544 | | renewal of a license by any such lawful licensing authority other than the board, pursuant494 |
---|
519 | 545 | | to disciplinary proceedings;495 |
---|
520 | 546 | | (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct496 |
---|
521 | 547 | | or practice harmful to the public, which conduct or practice materially affects the fitness497 |
---|
522 | 548 | | of the licensee or applicant to practice a business or profession licensed under this title,498 |
---|
523 | 549 | | or of a nature likely to jeopardize the interest of the public, which conduct or practice499 |
---|
524 | 550 | | need not have resulted in actual injury to any person or be directly related to the practice500 |
---|
525 | 551 | | of the licensed business or profession but shows that the licensee or applicant has501 |
---|
526 | 552 | | committed any act or omission which is indicative of bad moral character or502 |
---|
527 | 553 | | untrustworthiness; unprofessional conduct shall also include any departure from, or the503 |
---|
528 | 554 | | failure to conform to, the minimal standards of acceptable and prevailing practice of the504 |
---|
529 | 555 | | business or profession licensed under this title;505 |
---|
531 | 558 | | (7) Knowingly performed any act which in any way aids, assists, procures, advises, or506 |
---|
532 | 559 | | encourages any unlicensed person or any licensee whose license has been suspended or507 |
---|
533 | 560 | | revoked by a professional licensing board to practice a business or profession licensed508 |
---|
534 | 561 | | under this title or to practice outside the scope of any disciplinary limitation placed upon509 |
---|
535 | 562 | | the licensee by the board;510 |
---|
536 | 563 | | (8) Violated a statute, law, or any rule or regulation of this state, any other state, the511 |
---|
537 | 564 | | professional licensing board regulating the business or profession licensed under this title,512 |
---|
538 | 565 | | the United States, or any other lawful authority, without regard to whether the violation513 |
---|
539 | 566 | | is criminally punishable, which statute, law, or rule or regulation relates to or in part514 |
---|
540 | 567 | | regulates the practice of a business or profession licensed under this title, when the515 |
---|
541 | 568 | | licensee or applicant knows or should know that such action is violative of such statute,516 |
---|
542 | 569 | | law, or rule or regulation; or violated a lawful order of the board previously entered by517 |
---|
543 | 570 | | the board in a disciplinary hearing, consent decree, or license reinstatement;518 |
---|
544 | 571 | | (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or519 |
---|
545 | 572 | | outside of this state; any such adjudication shall automatically suspend the license of any520 |
---|
546 | 573 | | such person and shall prevent the reissuance or renewal of any license so suspended for521 |
---|
547 | 574 | | as long as the adjudication of incompetence is in effect; or522 |
---|
548 | 575 | | (10) Displayed an inability to practice a business or profession licensed under this title523 |
---|
549 | 576 | | with reasonable skill and safety to the public or has become unable to practice the524 |
---|
550 | 577 | | licensed business or profession with reasonable skill and safety to the public by reason525 |
---|
551 | 578 | | of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.526 |
---|
552 | 579 | | 43-11A-16.527 |
---|
553 | 580 | | (a) Except as provided in Code Section 43-11A-18, no person shall engage in or offer to528 |
---|
554 | 581 | | provide medical nutrition therapy unless the person is licensed under this chapter.529 |
---|
555 | 582 | | (b) Except as provided in subsection (e) of this Code section, no person shall designate or530 |
---|
556 | 583 | | hold himself or herself out as a licensed dietitian nutritionist or use or assume the title531 |
---|
558 | 586 | | 'dietitian nutritionist,' 'licensed dietitian nutritionist,' 'dietitian,' 'dietician,' or any other title532 |
---|
559 | 587 | | indicating that the person is a licensed dietitian nutritionist, or append to or use in533 |
---|
560 | 588 | | conjunction with that person's name the designation 'LDN' or 'LD' unless the person is a534 |
---|
561 | 589 | | licensed dietitian nutritionist.535 |
---|
562 | 590 | | (c) Except as provided in subsection (e) of this Code section, no person shall designate or536 |
---|
563 | 591 | | hold himself or herself out as a licensed nutritionist or append to or use in conjunction with537 |
---|
564 | 592 | | that person's name the designation 'LN' unless the person is licensed as a nutritionist under538 |
---|
565 | 593 | | this chapter.539 |
---|
566 | 594 | | (d) Except as provided in subsection (e) of this Code section, no person shall designate or540 |
---|
567 | 595 | | hold himself or herself out as a nutritionist unless the person is licensed under this chapter.541 |
---|
568 | 596 | | (e) Use of an earned, federally trademarked nutrition credential is not prohibited; provided,542 |
---|
569 | 597 | | however, that such use shall not give a person the right to practice medical nutrition543 |
---|
570 | 598 | | therapy or to use the general titles of 'dietitian,' 'dietitian nutritionist,' or 'nutritionist' unless544 |
---|
571 | 599 | | such person is also licensed under this chapter. Notwithstanding any law to the contrary,545 |
---|
572 | 600 | | a person may use a lawfully earned federally trademarked title, including the following:546 |
---|
573 | 601 | | (1) A registered dietitian or registered dietitian nutritionist may use the titles 'registered547 |
---|
574 | 602 | | dietitian' or 'registered dietitian nutritionist' and use in conjunction with his or her name548 |
---|
575 | 603 | | the designation 'RD' or 'RDN'; and549 |
---|
576 | 604 | | (2) A certified nutrition specialist may use the title 'certified nutrition specialist' and use550 |
---|
577 | 605 | | in conjunction with his or her name the designation 'CNS.'551 |
---|
578 | 606 | | (f) Any person violating the provisions of this Code section shall be guilty of a552 |
---|
579 | 607 | | misdemeanor.553 |
---|
580 | 608 | | 43-11A-17.554 |
---|
581 | 609 | | Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia555 |
---|
582 | 610 | | Administrative Procedure Act.'556 |
---|
584 | 613 | | 43-11A-18.557 |
---|
585 | 614 | | Nothing in this chapter shall be construed to affect:558 |
---|
586 | 615 | | (1) A supervisee who is:559 |
---|
587 | 616 | | (A) Practicing as a part of a course of study or as part of a supervised practice560 |
---|
588 | 617 | | experience to satisfy the educational or supervised practice experience requirements561 |
---|
589 | 618 | | provided for in Code Section 43-11A-9;562 |
---|
590 | 619 | | (B) Completing a supervised practice experience provided for in Code563 |
---|
591 | 620 | | Section 43-11A-19 not more than five years after completing the education564 |
---|
592 | 621 | | requirements provided for in Code Section 43-11A-9; and565 |
---|
593 | 622 | | (C) Practicing while supervised by a qualified supervisor as provided for in Code566 |
---|
594 | 623 | | Section 43-11A-19; provided, however, that such supervisee shall not engage in the567 |
---|
595 | 624 | | unrestricted practice of medical nutrition therapy; provided, further, that such568 |
---|
596 | 625 | | supervisee shall use a title that clearly indicates his or her status as a supervisee;569 |
---|
597 | 626 | | (2) A dietitian or nutritionist serving in the armed forces of the United States or any other570 |
---|
598 | 627 | | federal agency who is using government issued titles and who is engaging in the practice571 |
---|
599 | 628 | | of medical nutrition therapy, provided such title use and such practice are related to such572 |
---|
600 | 629 | | individual's service or employment;573 |
---|
601 | 630 | | (3) Persons licensed to practice the professions of dentistry, medicine, osteopathy,574 |
---|
602 | 631 | | chiropractic, nursing, or pharmacy engaging in the practice of medical nutrition therapy575 |
---|
603 | 632 | | when incidental to the practice of their professions; provided, however, that such persons576 |
---|
604 | 633 | | shall not use any protected titles as provided in Code Section 43-11A-16;577 |
---|
605 | 634 | | (4) A nonresident dietitian, dietitian nutritionist, or nutritionist practicing medical578 |
---|
606 | 635 | | nutrition therapy for up to 30 days per year if such person holds a valid license from579 |
---|
607 | 636 | | another state and the requirements for such license are, in the board's opinion,580 |
---|
608 | 637 | | substantially the same or higher than the requirements of this chapter;581 |
---|
609 | 638 | | (5) Employees of a department, agency, or division of state, county, or local government,582 |
---|
610 | 639 | | or a person who contracts with any of the foregoing for purposes of providing nutrition583 |
---|
612 | 642 | | care services for the Women, Infants, and Children program and who is authorized within584 |
---|
613 | 643 | | the discharge of official duties to use the title of nutritionist and provides such services585 |
---|
614 | 644 | | within the discharge of his or her official duties;586 |
---|
615 | 645 | | (6) A person who assists the provision of medical nutrition therapy if such person587 |
---|
616 | 646 | | performs only support activities that are not discretionary and do not require the exercise588 |
---|
617 | 647 | | of professional judgment for their performance and such person is directly supervised by589 |
---|
618 | 648 | | a licensed dietitian nutritionist, licensed nutritionist, or healthcare provider licensed in590 |
---|
619 | 649 | | this state acting within the scope of such provider's license; provided, however, that such591 |
---|
620 | 650 | | person shall not use any protected titles as provided in Code Section 43-11A-16;592 |
---|
621 | 651 | | (7) A person who does not represent himself or herself using protected titles as provided593 |
---|
622 | 652 | | in Code Section 43-11A-16 and who provides medical weight control services for persons594 |
---|
623 | 653 | | with obesity as part of:595 |
---|
624 | 654 | | (A) An instructional program that has been approved in writing by a licensed dietitian596 |
---|
625 | 655 | | nutritionist, licensed nutritionist, or healthcare provider licensed or certified in this state597 |
---|
626 | 656 | | whose authorized scope of practice includes medical nutrition therapy; or598 |
---|
627 | 657 | | (B) A plan of care that is overseen by a healthcare provider licensed in this state whose599 |
---|
628 | 658 | | scope of practice otherwise authorizes such provider to provide and delegate medical600 |
---|
629 | 659 | | nutrition therapy; provided, however, that the medical weight control services are not601 |
---|
630 | 660 | | discretionary and do not require the exercise of professional judgment;602 |
---|
631 | 661 | | (8) A person who disseminates nonindividualized, written, general nutrition information603 |
---|
632 | 662 | | in connection with the marketing and distribution of dietary supplements, food, herbs, or604 |
---|
633 | 663 | | food materials, including, but not limited to, explanations of their federally regulated605 |
---|
634 | 664 | | label claims, any known drug-nutrient interactions, their role in various diets, or606 |
---|
635 | 665 | | suggestions as how to best use and combine them; provided, however, that such607 |
---|
636 | 666 | | information does not constitute medical nutrition therapy; provided, further, that such608 |
---|
637 | 667 | | person shall not use any protected titles as provided in Code Section 43-11A-16 and shall609 |
---|
639 | 670 | | not hold himself or herself out as qualified to engage in the practice of medical nutrition610 |
---|
640 | 671 | | therapy;611 |
---|
641 | 672 | | (9) The practice of the tenets of any religion, sect, or denomination whatsoever;612 |
---|
642 | 673 | | provided, however, that a member of such religion, sect, or denomination shall not use613 |
---|
643 | 674 | | any protected titles as provided in Code Section 43-11A-16 and shall not hold himself or614 |
---|
644 | 675 | | herself out as qualified to engage in the practice of medical nutrition therapy;615 |
---|
645 | 676 | | (10) A person who provides individualized nutrition recommendations for the wellness616 |
---|
646 | 677 | | and primary prevention of chronic disease, health coaching, holistic and wellness617 |
---|
647 | 678 | | education, guidance, motivation, behavior change management, services for nonmedical618 |
---|
648 | 679 | | weight control, or other nutrition care services, provided that:619 |
---|
649 | 680 | | (A) Such services do not constitute medical nutrition therapy;620 |
---|
650 | 681 | | (B) Such person does not use protected titles as provided in Code Section 43-11A-16;621 |
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651 | 682 | | and622 |
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652 | 683 | | (C) Such person does not hold himself or herself out as licensed or qualified to engage623 |
---|
653 | 684 | | in the practice of medical nutrition therapy; or624 |
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654 | 685 | | (11) A person who is an operator or employee of a health food store or business that sells625 |
---|
655 | 686 | | health products, including dietary supplements, food, herbs, or food materials, and who626 |
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656 | 687 | | provides verbal general nonmedical nutrition information that does not constitute medical627 |
---|
657 | 688 | | nutrition therapy; provided, however, that such person shall not use any protected titles628 |
---|
658 | 689 | | as provided in Code Section 43-11A-16.629 |
---|
659 | 690 | | 43-11A-19.630 |
---|
660 | 691 | | (a) Except as provided for in subsection (b) of this Code section, a qualified supervisor631 |
---|
661 | 692 | | shall be licensed under this chapter or exempt under paragraph (2) of Code632 |
---|
662 | 693 | | Section 43-11A-18.633 |
---|
663 | 694 | | (b) If a supervisee is providing medical nutrition therapy, a qualified supervisor shall:634 |
---|
665 | 697 | | (1) Be a licensed dietitian nutritionist, licensed nutritionist, or a healthcare provider635 |
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666 | 698 | | licensed or certified in any state or territory, including licensed or certified dietitians,636 |
---|
667 | 699 | | dietitian nutritionists, or nutritionists, whose scope of practice includes the provision of637 |
---|
668 | 700 | | medical nutrition therapy;638 |
---|
669 | 701 | | (2) When a state does not provide for licensure or certification of dietitians, dietitian639 |
---|
670 | 702 | | nutritionists, or nutritionists, meet such other criteria as the board may establish by rule640 |
---|
671 | 703 | | or regulation, including being a registered dietitian, certified nutrition specialist, or641 |
---|
672 | 704 | | licensed healthcare provider whose scope of practice includes the provision of medical642 |
---|
673 | 705 | | nutrition therapy; or643 |
---|
674 | 706 | | (3) Be an employee of the federal government authorized within the discharge of his or644 |
---|
675 | 707 | | her official duties to provide medical nutrition therapy.645 |
---|
676 | 708 | | (c) A qualified supervisor shall:646 |
---|
677 | 709 | | (1) Only supervise a clinical activity or nutrition care service for which the qualified647 |
---|
678 | 710 | | supervisor is authorized to perform;648 |
---|
679 | 711 | | (2) Develop and carry out a program for advancing and optimizing the quality of649 |
---|
680 | 712 | | nutrition care services provided by a supervisee; provided, however, that such qualified650 |
---|
681 | 713 | | supervisor and supervisee shall identify and document:651 |
---|
682 | 714 | | (A) The goals for such supervised practice experience;652 |
---|
683 | 715 | | (B) The assignment of clinical tasks as appropriate to the supervisee's evolving level653 |
---|
684 | 716 | | of competence;654 |
---|
685 | 717 | | (C) The supervisee's relationship and the amount and type of access to the qualified655 |
---|
686 | 718 | | supervisor; and656 |
---|
687 | 719 | | (D) The process for evaluating the supervisee's performance;657 |
---|
688 | 720 | | (3) Oversee the activities of and approve and accept responsibility for the nutrition care658 |
---|
689 | 721 | | services rendered by the supervisee;659 |
---|
690 | 722 | | (4) At a minimum, be physically on-site and present where the supervisee is providing660 |
---|
691 | 723 | | nutrition care services or be immediately and continuously available to the supervisee by661 |
---|
693 | 726 | | means of two-way real-time audiovisual technology that allows for direct,662 |
---|
694 | 727 | | contemporaneous interaction by sight and sound between the qualified supervisor and the663 |
---|
695 | 728 | | supervisee; provided, however, that, if the qualified supervisor assigns to a supervisee a664 |
---|
696 | 729 | | nutrition care service that is to be provided in a setting where the qualified supervisor is665 |
---|
697 | 730 | | not routinely present, such qualified supervisor shall ensure that the means and methods666 |
---|
698 | 731 | | of supervision are adequate to ensure appropriate patient care, which may include667 |
---|
699 | 732 | | synchronous videoconferencing or another method of communication, and oversight that668 |
---|
700 | 733 | | is appropriate to the care setting and the education and experience of the supervisee, as669 |
---|
701 | 734 | | determined by the board by approval, policy, or rule;670 |
---|
702 | 735 | | (5) Review on a regular basis the charts, records, and clinical notes of any supervisee and671 |
---|
703 | 736 | | maintain responsibility for such supervisee's clinical record keeping;672 |
---|
704 | 737 | | (6) Be available to render assistance during the provision of nutrition care services when673 |
---|
705 | 738 | | requested by the patient; provided, however, that, if such qualified supervisor is not674 |
---|
706 | 739 | | available, such qualified supervisor shall arrange for another qualified healthcare provider675 |
---|
707 | 740 | | lawfully able to render nutrition care services to be available; and676 |
---|
708 | 741 | | (7) Limit the assignment of nutrition care services to those services that are within the677 |
---|
709 | 742 | | training and experience of the supervisee and customary to the practice of the qualified678 |
---|
710 | 743 | | supervisor."679 |
---|
711 | 744 | | PART II680 |
---|
712 | 745 | | Conforming cross-references681 |
---|
713 | 746 | | SECTION 2-1.682 |
---|
714 | 747 | | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,683 |
---|
715 | 748 | | is amended by revising subparagraph (c)(5)(D) of Code Section 43-1-33, relating to684 |
---|
716 | 749 | | advertisement, signage, and identifier requirements for health care practitioners, as follows:685 |
---|
718 | 752 | | "(D) Dietitian nutritionist or nutritionist licensed or registered pursuant to Chapter 11A686 |
---|
719 | 753 | | of this title;"687 |
---|
720 | 754 | | SECTION 2-2.688 |
---|
721 | 755 | | Said title is further amended in Code Section 43-34-316, relating to exceptions, by revising689 |
---|
722 | 756 | | paragraph (5) as follows:690 |
---|
723 | 757 | | "(5) Any person using genetic data for purposes of nutritional counseling who is licensed691 |
---|
724 | 758 | | as a dietitian nutritionist or nutritionist under Chapter 11A of this title or exempt from692 |
---|
725 | 759 | | such licensure pursuant to paragraph (10) of Code Section 43-11A-18."693 |
---|
726 | 760 | | SECTION 2-3.694 |
---|
727 | 761 | | The Official Code of Georgia Annotated is amended by replacing "clinical dietitian" and695 |
---|
728 | 762 | | "dietitian" with "dietitian nutritionist or nutritionist" and by replacing "dietitians" with696 |
---|
729 | 763 | | "dietitian nutritionists or nutritionists" wherever such terms occur in:697 |
---|
730 | 764 | | (1) Code Section 9-11-9.1, relating to affidavit to accompany charge of professional698 |
---|
731 | 765 | | malpractice;699 |
---|
732 | 766 | | (2) Code Section 31-2A-14, relating to Georgia Diabetes Control Grant Program,700 |
---|
733 | 767 | | advisory committee, administration of authorized grant programs, and grant criteria;701 |
---|
734 | 768 | | (3) Code Section 31-8-192, relating to definitions relative to health share volunteers in702 |
---|
735 | 769 | | medicine;703 |
---|
736 | 770 | | (4) Code Section 33-20A-3, relating to definitions relative to patient protection;704 |
---|
737 | 771 | | (5) Code Section 33-20E-2, relating to application to insurers and definitions;705 |
---|
738 | 772 | | (6) Code Section 33-24-59.27, relating to right to shop for insurance coverage, disclosure706 |
---|
739 | 773 | | of pricing information, and notice;707 |
---|
740 | 774 | | (7) Code Section 33-39-3, relating to definitions relative to the collection, use, and708 |
---|
741 | 775 | | disclosure of information gathered by insurance institutions;709 |
---|
742 | 776 | | (8) Code Section 43-1-28, relating to volunteers in health care specialties;710 |
---|
745 | 781 | | provider prerequisite to liability, notice regarding independent contractor status, and712 |
---|
746 | 782 | | factors for consideration in determining status; and713 |
---|
747 | 783 | | (10) Code Section 51-16-1, relating to definitions relative to pandemic business safety.714 |
---|
748 | 784 | | SECTION 2-4.715 |
---|
749 | 785 | | Said Code is further amended by replacing "dietetics" with "nutrition and dietetics" wherever716 |
---|
750 | 786 | | such term occurs in:717 |
---|
751 | 787 | | (1) Code Section 43-1-28, relating to volunteers in health care specialties; and718 |
---|
752 | 788 | | (2) Code Section 43-22A-13, relating to compliance with state and federal regulations.719 |
---|
753 | 789 | | PART III720 |
---|
754 | 790 | | Effective date and repealer721 |
---|
755 | 791 | | SECTION 3-1.722 |
---|
756 | 792 | | This Act shall become effective upon its approval by the Governor or upon its becoming law723 |
---|
757 | 793 | | without such approval.724 |
---|
758 | 794 | | SECTION 3-2.725 |
---|
759 | 795 | | All laws and parts of laws in conflict with this Act are repealed.726 |
---|