24 LC 52 0546S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to HB 844:
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
businesses, so as to repeal and reenact Chapter 11A, the "Dietetics Practice Act"; to provide2
for the licensure of dietitian nutritionists and nutritionists; to provide for a short title; to3
provide for the purpose of the chapter; to provide definitions; to establish the Georgia Board4
of Examiners of Licensed Dietitian Nutritionists and Licensed Nutritionists; to provide for5
powers, members, officers, and meetings of such board; to provide for the grant of a license6
without examination; to provide for eligibility for licensure as a dietitian nutritionist and7
nutritionist; to provide for provisional licenses; to permit applications to be made under oath;8
to provide for such board to notify applicants of acceptance or rejection; to provide for9
examinations; to provide for certain requirements of licensees; to provide for refusal,10
suspension, or revocation of licenses; to provide for exceptions to licensure; to provide for11
proceedings; to provide for statutory construction; to provide for scope of practice; to provide12
for a qualified supervisor over a supervised practice experience in the practice of nutrition13
and dietetics; to amend the Official Code of Georgia Annotated, so as to provide for14
conforming cross-references; to provide for related matters; to provide for an effective date;15
to repeal conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
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PART I18
Practice of Nutrition and Dietetics Act19
SECTION 1-1.20
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,21
is amended by repealing and reenacting Chapter 11A, the "Dietetics Practice Act," as22
follows:23
"CHAPTER 11A24
43-11A-1.25
This chapter shall be known and may be cited as the 'Practice of Nutrition and Dietetics26
Act.'27
43-11A-2.28
The General Assembly acknowledges that the application of scientific knowledge relating29
to nutrition is important in the treatment of disease and in the attainment and maintenance30
of health and acknowledges further that the rendering of sound dietetic or nutrition services31
for the treatment or management of diseases or medical conditions in hospitals, nursing32
homes, school districts, health departments, private practice and consultation, and other33
settings requires trained and competent professionals. It is declared, therefore, to be the34
purpose of this chapter to protect the health, safety, and welfare of the public by providing35
for the licensure and regulation of the activities of persons engaged in the practice of36
nutrition and dietetics.37
43-11A-3.38
As used in this chapter, the term:39
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(1) 'ACEND' means the Accreditation Council for Education in Nutrition and Dietetics,40
an accrediting agency for education programs preparing students for careers as registered41
dietitian nutritionists or nutrition and dietetic technicians, registered, or its successor42
organization.43
(2) 'Advertising' means, but is not limited to, issuing or causing to be distributed any44
card, sign, or other device; causing or permitting any sign or marking on or in any45
building or structure or in any newspaper, magazine, or directory; or causing or46
permitting any announcement on radio or any announcement or display on television, a47
computer network, or an electronic or telephonic medium.48
(3) 'Applicant' means any person seeking a license under this chapter.49
(4) 'Board' means the Georgia Board of Examiners of Licensed Dietitian Nutritionists50
and Licensed Nutritionists established by this chapter.51
(5) 'Degree' means a degree received from a college or university accredited by the52
appropriate regional accrediting agency recognized by the Council for Higher Education53
Accreditation or its successor organization and the United States Department of54
Education at the time the degree was received and accredited by ACEND, or a validated55
foreign equivalent as recognized by the board by approval, policy, or rule.56
(6) 'Dietetics' means the integration and application of dietary principles derived from57
the science of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology,58
pharmacology, and food systems and management and from behavioral and social59
sciences for achieving and maintaining health throughout the life span. The practice of60
dietetics is primarily the provision of nutrition care services, including medical nutrition61
therapy provided via the nutrition care process, in-person or through telehealth, to62
prevent, manage, or treat diseases or medical conditions and to promote wellness. 63
Consistent with the level of competence, the practice of dietetics may include:64
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(A) Accepting or transmitting oral, verbal, delegated, or electronically transmitted65
orders from a referring licensed provider consistent with applicable laws and rules in66
conjunction with protocols established to implement medical nutrition therapy;67
(B) Ordering patient diets, including therapeutic diets, via oral, enteral, and parenteral68
routes;69
(C) Ordering medical laboratory tests related to nutritional therapeutic treatments70
consistent with state law;71
(D) Implementing prescription drug dose adjustments in an inpatient setting for72
specific disease treatment protocols within the limits of his or her knowledge, skills,73
judgment, and current evidence-informed clinical practice guidelines as indicated in a74
facility, medical staff, or medical director approved protocol and as approved and75
delegated by a licensed prescribing practitioner;76
(E) Implementing prescription drug dose adjustments in an outpatient setting for77
specific disease treatment protocols within the limits of his or her knowledge, skills,78
and judgment and as approved by and under the delegation of a licensed prescribing79
practitioner;80
(F) Recommending or ordering vitamin, mineral, and other dietary supplements or81
discontinuing use of unnecessary vitamin, mineral, and other dietary supplements;82
(G) Practicing dietetics via telehealth when appropriate for the individual or group83
receiving the services and when the level of care provided by telehealth meets the84
required level of care for that individual or group;85
(H) Developing and managing food service operations for the management or86
treatment of disease or medical conditions, including operations with the primary87
function of nutrition care or recommending, ordering, or providing therapeutic diets;88
and89
(I) Providing advanced clinical nutrition care services and related support activities90
consistent with current competencies required of academic and supervised practice91
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programs accredited by ACEND and in accordance with the scope and standards of92
practice for a registered dietitian.93
(7) 'General nonmedical nutrition information' means information on:94
(A) Principles of human nutrition and food preparation;95
(B) Principles of self-care and a healthy relationship with food;96
(C) Essential nutrients needed by the human body;97
(D) General and nonindividualized recommended amounts of essential nutrients in the98
human body;99
(E) Actions of nutrients in the human body;100
(F) Nonindividualized effects of deficiencies or excesses of nutrients in the human101
body; or102
(G) General education surrounding foods, herbs, and dietary supplements that are good103
sources of essential nutrients in the human body.104
(8) 'Licensed dietitian nutritionist' means a person duly licensed under this chapter as105
meeting the requirements provided for in subsection (a) of Code Section 43-11A-9 to106
practice nutrition and dietetics, including the provision of medical nutrition therapy.107
(9) 'Licensed nutritionist' means a person duly licensed under this chapter as meeting the108
requirements provided for in subsection (b) of Code Section 43-11A-9 to practice109
nutrition, including the provision of medical nutrition therapy.110
(10) 'Medical nutrition therapy' means the provision of the following nutrition care111
services for the treatment or management of a disease or medical condition: nutrition112
assessment, nutrition diagnosis, nutrition intervention, and nutrition monitoring and113
evaluation.114
(11) 'Medical weight control' means medical nutrition therapy provided for the purpose115
of reducing, maintaining, or gaining weight.116
(12) 'Nonmedical weight control' means nutrition care services provided for the purpose117
of reducing, maintaining, or gaining weight that do not constitute the treatment or118
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management of a disease or medical condition. Such term includes weight control119
services for healthy population groups to achieve or maintain a healthy weight.120
(13) 'Nutrition' means the integration and application of scientific principles derived121
from the study of nutrition science, cellular and systemic metabolism, biochemistry,122
physiology, and behavioral sciences for achieving and maintaining health throughout the123
life span. The practice of nutrition is primarily the provision of nutrition care services,124
including medical nutrition therapy, in-person or via telehealth, to prevent, manage, or125
treat diseases or medical conditions and promote wellness. Consistent with the level of126
competence, the practice of nutrition may include:127
(A) Accepting or transmitting oral, verbal, delegated, or electronically transmitted128
orders from a referring licensed provider consistent with applicable laws and rules in129
conjunction with protocols established to implement medical nutrition therapy;130
(B) Ordering patient diets, including therapeutic diets. Therapeutic diets consisting of131
enteral or parenteral nutrition therapy shall only be ordered by a practitioner licensed132
under this chapter when the practitioner is a registered dietitian or certified nutrition133
clinician certified by the National Board of Nutrition Support Certification or otherwise134
satisfies requirements established by the board by rule or regulation that are consistent135
with the competencies necessary for evaluating, ordering, and administering enteral and136
parenteral nutrition therapies;137
(C) Ordering medical laboratory tests related to nutritional therapeutic treatments138
consistent with state law;139
(D) Implementing prescription drug dose adjustments in an outpatient setting for140
specific disease treatment protocols within the limits of his or her knowledge, skills,141
and judgment and as approved by and under the delegation of a licensed prescribing142
practitioner;143
(E) Providing recommendations on vitamin, mineral, and other dietary supplements;144
and145
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(F) Practicing nutrition via telehealth when it is appropriate for the individual or group146
receiving the services and when the level of care provided by telehealth meets the147
required level of care for that individual or group.148
(14) 'Nutrition assessment' means the ongoing, dynamic, and systematic process of149
ordering, obtaining, verifying, and interpreting biochemical, anthropometric, physical,150
nutrigenomic, and dietary data to make decisions about the nature and cause of nutrition151
related problems relative to patient or community needs. Such term includes the initial152
data collection and evaluation and any reassessment and analysis of patient or community153
needs and provides the foundation for nutrition diagnosis and nutritional154
recommendations. Nutrition assessment may require ordering laboratory tests to check155
and track nutritional status. The collection of such data shall not, by itself, constitute156
nutrition assessment.157
(15) 'Nutrition care process' means the systematic problem-solving method that licensed158
dietitian nutritionists use to critically think and make decisions when providing medical159
nutrition therapy or to address nutrition related problems and provide safe, effective care.160
Such term consists of four distinct but interrelated steps: nutrition assessment, nutrition161
diagnosis, nutrition intervention, and nutrition monitoring and evaluation.162
(16) 'Nutrition care services' means any part or all of the following services provided163
within a systematic process:164
(A) Assessing and evaluating the nutritional needs of individuals and groups and165
determining resources and constraints in a practice setting, including ordering nutrition166
related laboratory tests to check and track nutrition status;167
(B) Identifying nutrition problems and establishing priorities, goals, and objectives that168
meet nutritional needs and are consistent with available resources and constraints;169
(C) Creating individualized dietary plans, including therapeutic diets; issuing and170
implementing dietary orders to meet the nutritional needs of healthy individuals and171
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individuals in acute and chronic disease states; and monitoring the effectiveness of such172
dietary plans and orders;173
(D) Determining and providing appropriate nutrition interventions in health and174
disease, including nutrition counseling on food and prescription drug interactions;175
(E) Developing, implementing, and managing nutrition care processes; or176
(F) Evaluating, making changes to, and maintaining appropriate standards of quality177
in food and nutrition services.178
(17) 'Nutrition counseling' means a supportive process, characterized by a collaborative179
counselor-patient or counselor-client relationship with individuals or groups, to establish180
food and nutrition priorities, goals, individualized action plans, and general physical181
activity guidance that acknowledge and foster responsibility for self-care to promote182
health and wellness or to treat or manage an existing disease or medical condition.183
(18) 'Nutrition diagnosis' means identifying and labeling nutritional problems managed184
and treated by a licensed dietitian nutritionist but does not include a medical diagnosis185
of the health status of an individual.186
(19) 'Nutrition intervention' means purposefully planned interventions, including187
nutrition counseling, intended to positively change a nutrition related behavior, risk188
factor, environmental condition, or aspect of the health status of an individual, his or her189
family or caregivers, target groups, or the community at large. Such term includes190
approving, ordering, and monitoring therapeutic diets and counseling on food and191
prescription drug interactions.192
(20) 'Nutrition monitoring and evaluation' means: identifying patient outcomes relevant193
to a nutrition diagnosis, intervention plans, and goals; comparing those outcomes with a194
patient's previous health status, intervention plans, and goals or with a reference standard195
to determine the progress made in achieving desired outcomes of nutrition care services;196
and determining whether planned nutrition interventions should be continued, revised,197
or concluded.198
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(21) 'Patient' means an individual recipient of nutrition care services, whether in an199
outpatient, inpatient, or nonclinical setting.200
(22) 'Provisionally licensed dietitian nutritionist' or 'provisionally licensed nutritionist'201
means a person provisionally licensed as provided for in Code Section 43-11A-10.202
(23) 'Qualified supervisor' means an individual providing supervision who assumes full203
professional responsibility for the work of the supervisee by verifying, directing, and204
approving the provided nutrition care services, medical nutrition therapy, and other work205
being supervised, as provided for in Code Section 43-11A-19.206
(24) 'Registered dietitian nutritionist' means a person who is credentialed by the207
Commission on Dietetic Registration or its successor organization as a registered dietitian208
nutritionist or a registered dietitian and is authorized to use such title and the designation209
'RDN' or 'RD.'210
(25) 'Supervisee' means a student, intern, or trainee providing nutrition care services and211
other work under the supervision of a qualified supervisor, as provided for in Code212
Section 43-11A-19.213
(26) 'Telehealth' means the use of electronic information and telecommunications214
technologies to provide services under this chapter between a healthcare provider in one215
location and an individual in another location to support clinical healthcare, public health,216
patient health related education, and health administration.217
(27) 'Therapeutic diet' means a diet intervention prescribed by a licensed physician or218
other authorized nonphysician practitioner that provides food or nutrients via oral,219
enteral, or parenteral routes as part of the treatment of a disease or clinical condition to220
modify, eliminate, decrease, or increase identified micronutrients and macronutrients in221
a patient's diet, or to provide mechanically altered food when indicated.222
(28) 'Unrestricted practice of medical nutrition therapy' means the provision of medical223
nutrition therapy by an individual who is responsible for his or her own practice or224
treatment procedures.225
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43-11A-4.226
(a) The Georgia Board of Examiners of Licensed Dietitians in existence prior to227
July 1, 2024, is continued in existence thereafter as the Georgia Board of Examiners of228
Licensed Dietitian Nutritionists and Licensed Nutritionists. Those persons serving as229
members of the board immediately prior to July 1, 2024, shall continue to serve out their230
respective terms of office and until their successors are appointed and qualified. The board231
shall consist of seven members as follows:232
(1) Five members shall be licensed dietitian nutritionists and one member shall be a233
licensed nutritionist; provided, however, that, of those six members, at least one member234
shall be from each of the following areas of the practice of nutrition and dietetics: clinical235
nutrition and dietetics, community or public health nutrition and dietetics, and the private236
practice of nutrition and dietetics; provided, further, that at least one member shall be an237
educator on the faculty of a college or university specializing in the field of nutrition and238
dietetics; and239
(2) One member shall represent the public at large.240
(b) Members of the board shall be appointed by the Governor with the confirmation of the241
Senate. Members of the board shall take office on the first day of July immediately242
following the expired terms of that office and shall serve for terms of four years and until243
their successors are appointed and qualified. Those persons serving as members of the244
board immediately prior to July 1, 2024, shall continue to serve out their respective terms245
of office and until their respective successors are appointed and qualified. Any person246
appointed to the board when the Senate is not in session may serve on the board without247
Senate confirmation until the Senate acts on that appointment. No member shall serve on248
the board for more than two consecutive terms. Any vacancy shall be filled by the249
Governor subject to confirmation of the Senate.250
(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code251
Section 43-1-2.252
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(d) All members of the board shall take the constitutional oath of office.253
43-11A-5.254
(a) Professional members of the board shall:255
(1) Be citizens of the United States and residents of this state;256
(2) Have engaged in the practice of nutrition and dietetics for compensation for not less257
than five years; and258
(3) Be licensed under this chapter.259
(b) Consumer members of the board shall be appointed by the Governor from the public260
at large, shall be citizens of the United States and residents of this state, and shall have no261
connection whatsoever with the practice of nutrition or dietetics.262
(c) The Governor may remove members of the board, after notice and opportunity for263
hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any264
felony, failure to meet the qualifications of this chapter, or committing any act prohibited265
by this chapter.266
(d) Initial members of the board may be exempt from the requirements established in267
paragraphs (2) and (3) of subsection (a) of this Code section, provided that such members268
possess the qualifications for a license under this chapter and apply for such license within269
six months of the availability of such license.270
43-11A-6.271
The board shall meet annually and shall elect from its members a chairperson, a vice272
chairperson, and any other officers as deemed necessary who shall hold office according273
to the rules adopted by the board. In addition to its annual meeting, the board shall hold274
at least two other meetings each year as provided by the rules adopted by the board.275
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43-11A-7.276
The board shall have the power to:277
(1) Enforce the provisions of this chapter, and it shall be granted all of the necessary278
duties, powers, and authority to carry out this responsibility;279
(2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the280
administration and enforcement of this chapter in the protection of public health, safety,281
and welfare;282
(3) License duly qualified applicants by examination, endorsement, or reinstatement;283
(4) Implement a disciplinary process;284
(5) Enforce qualifications for licensure;285
(6) Set standards for competency of licensees continuing in or returning to practice;286
(7) Issue orders when a license is surrendered to the board while a complaint,287
investigation, or disciplinary action against such license is pending;288
(8) Adopt, revise, and enforce rules regarding advertising by licensees, including, but not289
limited to, rules to prohibit false, misleading, or deceptive practices;290
(9) Adopt, publish in print or electronically, and enforce a code of ethics;291
(10) Establish examination and licensing fees;292
(11) Request and receive the assistance of state educational institutions or other state293
agencies;294
(12) Prepare information of consumer interest describing the regulatory functions of the295
board and describing the procedures by which consumer complaints are filed with and296
resolved by the board. The board shall make the information available to the general297
public and appropriate state agencies;298
(13) Establish continuing education requirements;299
(14) Adopt a seal which shall be affixed only in such manner as prescribed by the board;300
and301
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(15) Conduct a national background check, as provided for in Code Sections 43-11A-11302
and 43-11A-15, by the submission of fingerprints to the Federal Bureau of Investigation303
through the Georgia Crime Information Center; provided, however, that reports from304
such background checks shall not be shared with entities outside of this state.305
43-11A-8.306
(a) The board shall adopt rules and regulations implementing a process by which307
transitioning service members may qualify for licensure, as provided for in Code308
Section 43-1-34.309
(b) The board shall issue an expedited license by endorsement to any individual who is a310
spouse of a service member or transitioning service member stationed within the State of311
Georgia, as provided for in Code Section 43-1-35.312
(c) The board may grant, upon application and payment of proper fees, a license without313
examination to a person who, at the time of application, holds a valid license or314
certification as a licensed or certified dietitian nutritionist, dietitian, or nutritionist issued315
by another state, political territory, or jurisdiction acceptable to the board if, in the board's316
opinion, the requirements for such license or certification are substantially the same as the317
requirements of this chapter and rules and regulations promulgated by the board.318
43-11A-9.319
(a) Each applicant for a license as a licensed dietitian nutritionist shall be at least 18 years320
of age, submit a completed application upon a form and in such manner as the board321
prescribes, pay any applicable fees, and:322
(1) Present evidence satisfactory to the board that the applicant holds a current and valid323
registration as a registered dietitian nutritionist; or324
(2) Submit proof of:325
(A) Completion of a master's or doctoral degree;326
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(B) Satisfactory completion of a planned, documented, supervised experience in the327
practice of nutrition and dietetics accredited by ACEND, consisting of not less than328
1,000 hours of supervised practice under the supervision of a qualified supervisor as329
provided for in Code Section 43-11A-19; provided, however, that an applicant shall330
complete such experience within five years of earning the degree required under331
subparagraph (A) of this paragraph; provided, further, that the board in its discretion332
may grant an extension for a limited time for extraordinary circumstances;333
(C) Passage of the examination for registered dietitian nutritionists administered by the334
Commission on Dietetic Registration or its successor organization; provided , however,335
that, if such passage occurred more than five years before license application, the336
applicant shall demonstrate completion of 75 hours of continuing education that satisfy337
the continuing education criteria of the board for each five-year period338
post-examination; and339
(D) Completion of such other requirements as may be prescribed by the board.340
(b) Each applicant for a license as a licensed nutritionist shall be at least 18 years of age,341
submit a completed application upon a form and in such manner as the board prescribes,342
pay any applicable fees, and submit proof of:343
(1) Completion of a master's or doctoral degree with a major course of study in human344
nutrition, food and nutrition, community nutrition, public health nutrition, nutrition345
education, nutrition science, clinical nutrition, applied clinical nutrition, nutrition346
counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and347
integrative health, or a comparable major or in a field of clinical healthcare; provided,348
however, that the applicant has completed coursework leading to competence in medical349
nutrition therapy, including, but not limited to:350
(A) Fifteen semester hours of courses on clinical or life sciences, including at least351
three semester hours on human anatomy and physiology or an equivalent subject; and352
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(B) Fifteen semester hours of courses on nutrition and metabolism, including at least353
six semester hours on biochemistry;354
(2) Satisfactory completion of a planned, documented, and supervised practice355
experience demonstrating competence in providing nutrition care services and medical356
nutrition therapy approved by the board and meeting all of the following requirements:357
(A) An applicant shall complete a supervised practice experience under this paragraph358
within five years of completing the requirements provided for in paragraph (1) of this359
subsection; provided, however, that the board in its discretion may grant an extension360
for a limited time for extraordinary circumstances; and361
(B) A supervised practice experience provided for in this paragraph shall:362
(i) Involve at least 1,000 hours in the following practice areas, with a minimum363
of 200 hours in each practice area: conducting nutrition assessment and nutrition364
diagnosis, nutrition intervention, and nutrition monitoring and evaluation;365
(ii) Be under the supervision of a qualified supervisor as provided for in Code366
Section 43-11A-19; and367
(iii) Prepare an applicant, as determined by the board, to provide nutrition care368
services for various populations of diverse cultures, genders, and ages, and to be able369
to competently formulate actionable medical nutrition therapies and nutrition370
interventions, nutrition education, nutrition counseling, and ongoing nutrition care371
services for the prevention, modulation, and management of a range of acute and372
chronic medical conditions;373
(3) Satisfaction of examination requirements by:374
(A) Passage of the certified nutrition specialist examination administered by the Board375
for Certification of Nutrition Specialists or its successor organization, or passage of an376
equivalent examination on all aspects of the practice of nutrition and dietetics that is377
accredited by the National Commission for Certifying Agencies or its successor378
organization and that is approved by a two-thirds' vote of the board; provided, however,379
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that, if such passage occurred more than five years before the license application, the380
applicant shall demonstrate to the satisfaction of the board completion of 75 hours of381
continuing education per each five-year period post-examination; or382
(B) Demonstration the applicant holds a current and valid certification from the Board383
for Certification of Nutrition Specialists or its successor organization that allows the384
applicant to use the title 'certified nutrition specialist' or the designation 'CNS'; and385
(4) Completion of such other requirements as may be prescribed by the board.386
(c) All persons licensed or who have submitted an application for licensure prior to387
July 1, 2024, shall remain licensed, be eligible for reactivation, or be eligible for licensure388
under the requirements in place at the time of licensure or application, so long as the389
applicant or licensee remains in good standing and maintains an active or inactive license390
if obtained or once it is obtained. Such persons shall be licensed as dietitian nutritionists.391
43-11A-10.392
The board, at its discretion, may issue a provisional license for an individual to practice as393
a provisionally licensed dietitian nutritionist or provisionally licensed nutritionist for one394
year under the supervision of a licensed dietitian nutritionist or licensed nutritionist upon395
the filing of an application with appropriate fees and submission of evidence of successful396
completion of a substantial portion of the requirements for licensure as provided for in397
Code Section 43-11A-9; provided, however, that the board, at its discretion, may allow398
such licensee to renew such provisional license for a length of time determined by the399
board; provided, further, that the board may require a renewal fee for such licensee to400
maintain such provisional license.401
43-11A-11.402
(a) As used in this Code section, the term 'conviction data' means a record of a finding or403
verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime,404
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regardless of whether an appeal of the conviction has been sought, or a record of a405
sentencing to first offender treatment without an adjudication of guilt.406
(b) With respect to the provisions of Code Section 43-11A-15, the board shall be407
authorized to obtain conviction data with respect to an applicant or licensee. The board408
may require an applicant or licensee who has been convicted of, pled nolo contendere to,409
or been granted first offender treatment upon being charged with any criminal offense other410
than a traffic violation or any traffic violation that involved driving under the influence of411
alcohol or drugs, homicide or feticide by vehicle, fleeing the scene of an accident,412
attempting to elude a police officer, or impersonating a law enforcement officer to submit413
to the board two complete sets of classifiable fingerprints of the applicant or licensee. 414
Upon receipt thereof, the board shall submit both sets of fingerprints to the Georgia Crime415
Information Center which shall promptly transmit one set of fingerprints to the Federal416
Bureau of Investigation for a search of bureau records and an appropriate report. The417
Georgia Crime Information Center shall retain the other set of fingerprints and promptly418
conduct a search of its own records and records to which it has access. The Georgia Crime419
Information Center shall notify the board in writing of any derogatory finding, including,420
but not limited to, any conviction data regarding the fingerprint records check or if there421
is no such finding. All conviction data received by the board shall be used by it for the422
exclusive purpose of carrying out its responsibilities under this chapter, shall not be a423
public record, shall be privileged, and shall not be disclosed to any other person or agency424
except as provided in Code Section 43-11A-15.425
(c) The board may require that all applications be made under oath.426
43-11A-12.427
After evaluation of an application and other evidence submitted, the board shall notify each428
applicant that the application and evidence submitted are satisfactory and accepted or429
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unsatisfactory and rejected. If the application and evidence are unsatisfactory and rejected,430
the notice shall state the reasons for the rejection.431
43-11A-13.432
Examinations to determine qualifications for licensure as provided for in Code433
Section 43-11A-9 shall be administered to qualified applicants at least twice each calendar434
year. The examinations may be administered by a national testing service. The board shall435
notify each examinee of the results of the examination.436
43-11A-14.437
(a) A license issued by the board is the property of the board and shall be surrendered on438
demand.439
(b) The licensee shall display the license certificate in an appropriate and public manner.440
(c) The licensee shall inform the board of any change of address.441
(d) If a licensee is not in violation of this chapter at the time of application for renewal and442
if such licensee fulfills current requirements of continuing education as established by the443
board and pays any requisite fees, such license shall be renewed biennially.444
(e) Each licensee is responsible for renewing his or her license before the expiration date.445
(f) Under procedures and conditions established by the board, a licensee may request that446
his or her license be declared inactive; provided, however, that such licensee may apply for447
active status at any time and, upon meeting the conditions set by the board, shall be448
declared active.449
43-11A-15.450
The board may refuse to grant or renew a license to an applicant; administer a public or451
private reprimand, but a private reprimand shall not be disclosed to any person except the452
licensee; suspend the license of any licensee for a definite period or for an indefinite period453
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in connection with any condition which may be attached to the restoration of such license;454
limit or restrict the license of any licensee as the board deems necessary for the protection455
of the public; revoke any license; condition the penalty upon, or withhold formal456
disposition pending, the applicant's or licensee's submission to such care, counseling, or457
treatment as the board may direct; or impose a fine not to exceed $500.00 for each violation458
of a law, rule, or regulation relating to the profession regulated by this chapter upon a459
finding by a majority of the board that the licensee or applicant has:460
(1) Failed to demonstrate the qualifications or standards for a license contained in this461
chapter or under the laws, rules, or regulations under which licensure is sought or held. 462
It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board463
that such applicant meets all the requirements for the issuance of a license, and, if the464
board is not satisfied as to the applicant's qualifications, it may deny a license without a465
prior hearing; provided, however, that the applicant shall be allowed to appear before the466
board if he or she so desires;467
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the468
practice of a business or profession licensed under this title or on any document469
connected therewith, or practiced fraud or deceit or intentionally made any false470
statement in obtaining a license to practice the licensed business or profession, or made471
a false statement or deceptive registration with the board;472
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts473
of this state or any other state, territory, or country or in the courts of the United States;474
as used in this paragraph and paragraph (4) of this Code section, the term 'felony' shall475
include any offense which, if committed in this state, would be deemed a felony, without476
regard to its designation elsewhere; and, as used in this paragraph, the term 'convicted'477
shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an478
appeal of the conviction has been sought;479
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(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime480
involving moral turpitude, where:481
(A) A plea of nolo contendere was entered to the charge;482
(B) First offender treatment without adjudication of guilt pursuant to the charge was483
granted; or484
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.485
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3486
of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender487
treatment shall be conclusive evidence of arrest and sentencing for such crime;488
(5) Had his or her license to practice a business or profession licensed under this title489
revoked, suspended, or annulled by any lawful licensing authority other than the board;490
had other disciplinary action taken against him or her by any such lawful licensing491
authority other than the board; was denied a license by any such lawful licensing492
authority other than the board, pursuant to disciplinary proceedings; or was refused the493
renewal of a license by any such lawful licensing authority other than the board, pursuant494
to disciplinary proceedings;495
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct496
or practice harmful to the public, which conduct or practice materially affects the fitness497
of the licensee or applicant to practice a business or profession licensed under this title,498
or of a nature likely to jeopardize the interest of the public, which conduct or practice499
need not have resulted in actual injury to any person or be directly related to the practice500
of the licensed business or profession but shows that the licensee or applicant has501
committed any act or omission which is indicative of bad moral character or502
untrustworthiness; unprofessional conduct shall also include any departure from, or the503
failure to conform to, the minimal standards of acceptable and prevailing practice of the504
business or profession licensed under this title;505
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(7) Knowingly performed any act which in any way aids, assists, procures, advises, or506
encourages any unlicensed person or any licensee whose license has been suspended or507
revoked by a professional licensing board to practice a business or profession licensed508
under this title or to practice outside the scope of any disciplinary limitation placed upon509
the licensee by the board;510
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the511
professional licensing board regulating the business or profession licensed under this title,512
the United States, or any other lawful authority, without regard to whether the violation513
is criminally punishable, which statute, law, or rule or regulation relates to or in part514
regulates the practice of a business or profession licensed under this title, when the515
licensee or applicant knows or should know that such action is violative of such statute,516
law, or rule or regulation; or violated a lawful order of the board previously entered by517
the board in a disciplinary hearing, consent decree, or license reinstatement;518
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or519
outside of this state; any such adjudication shall automatically suspend the license of any520
such person and shall prevent the reissuance or renewal of any license so suspended for521
as long as the adjudication of incompetence is in effect; or522
(10) Displayed an inability to practice a business or profession licensed under this title523
with reasonable skill and safety to the public or has become unable to practice the524
licensed business or profession with reasonable skill and safety to the public by reason525
of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.526
43-11A-16.527
(a) Except as provided in Code Section 43-11A-18, no person shall engage in or offer to528
provide medical nutrition therapy unless the person is licensed under this chapter.529
(b) Except as provided in subsection (e) of this Code section, no person shall designate or530
hold himself or herself out as a licensed dietitian nutritionist or use or assume the title531
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'dietitian nutritionist,' 'licensed dietitian nutritionist,' 'dietitian,' 'dietician,' or any other title532
indicating that the person is a licensed dietitian nutritionist, or append to or use in533
conjunction with that person's name the designation 'LDN' or 'LD' unless the person is a534
licensed dietitian nutritionist.535
(c) Except as provided in subsection (e) of this Code section, no person shall designate or536
hold himself or herself out as a licensed nutritionist or append to or use in conjunction with537
that person's name the designation 'LN' unless the person is licensed as a nutritionist under538
this chapter.539
(d) Except as provided in subsection (e) of this Code section, no person shall designate or540
hold himself or herself out as a nutritionist unless the person is licensed under this chapter.541
(e) Use of an earned, federally trademarked nutrition credential is not prohibited; provided,542
however, that such use shall not give a person the right to practice medical nutrition543
therapy or to use the general titles of 'dietitian,' 'dietitian nutritionist,' or 'nutritionist' unless544
such person is also licensed under this chapter. Notwithstanding any law to the contrary,545
a person may use a lawfully earned federally trademarked title, including the following:546
(1) A registered dietitian or registered dietitian nutritionist may use the titles 'registered547
dietitian' or 'registered dietitian nutritionist' and use in conjunction with his or her name548
the designation 'RD' or 'RDN'; and549
(2) A certified nutrition specialist may use the title 'certified nutrition specialist' and use550
in conjunction with his or her name the designation 'CNS.'551
(f) Any person violating the provisions of this Code section shall be guilty of a552
misdemeanor.553
43-11A-17.554
Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia555
Administrative Procedure Act.'556
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43-11A-18.557
Nothing in this chapter shall be construed to affect:558
(1) A supervisee who is:559
(A) Practicing as a part of a course of study or as part of a supervised practice560
experience to satisfy the educational or supervised practice experience requirements561
provided for in Code Section 43-11A-9;562
(B) Completing a supervised practice experience provided for in Code563
Section 43-11A-19 not more than five years after completing the education564
requirements provided for in Code Section 43-11A-9; and565
(C) Practicing while supervised by a qualified supervisor as provided for in Code566
Section 43-11A-19; provided, however, that such supervisee shall not engage in the567
unrestricted practice of medical nutrition therapy; provided, further, that such568
supervisee shall use a title that clearly indicates his or her status as a supervisee;569
(2) A dietitian or nutritionist serving in the armed forces of the United States or any other570
federal agency who is using government issued titles and who is engaging in the practice571
of medical nutrition therapy, provided such title use and such practice are related to such572
individual's service or employment;573
(3) Persons licensed to practice the professions of dentistry, medicine, osteopathy,574
chiropractic, nursing, or pharmacy engaging in the practice of medical nutrition therapy575
when incidental to the practice of their professions; provided, however, that such persons576
shall not use any protected titles as provided in Code Section 43-11A-16;577
(4) A nonresident dietitian, dietitian nutritionist, or nutritionist practicing medical578
nutrition therapy for up to 30 days per year if such person holds a valid license from579
another state and the requirements for such license are, in the board's opinion,580
substantially the same or higher than the requirements of this chapter;581
(5) Employees of a department, agency, or division of state, county, or local government,582
or a person who contracts with any of the foregoing for purposes of providing nutrition583
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care services for the Women, Infants, and Children program and who is authorized within584
the discharge of official duties to use the title of nutritionist and provides such services585
within the discharge of his or her official duties;586
(6) A person who assists the provision of medical nutrition therapy if such person587
performs only support activities that are not discretionary and do not require the exercise588
of professional judgment for their performance and such person is directly supervised by589
a licensed dietitian nutritionist, licensed nutritionist, or healthcare provider licensed in590
this state acting within the scope of such provider's license; provided, however, that such591
person shall not use any protected titles as provided in Code Section 43-11A-16;592
(7) A person who does not represent himself or herself using protected titles as provided593
in Code Section 43-11A-16 and who provides medical weight control services for persons594
with obesity as part of:595
(A) An instructional program that has been approved in writing by a licensed dietitian596
nutritionist, licensed nutritionist, or healthcare provider licensed or certified in this state597
whose authorized scope of practice includes medical nutrition therapy; or598
(B) A plan of care that is overseen by a healthcare provider licensed in this state whose599
scope of practice otherwise authorizes such provider to provide and delegate medical600
nutrition therapy; provided, however, that the medical weight control services are not601
discretionary and do not require the exercise of professional judgment;602
(8) A person who disseminates nonindividualized, written, general nutrition information603
in connection with the marketing and distribution of dietary supplements, food, herbs, or604
food materials, including, but not limited to, explanations of their federally regulated605
label claims, any known drug-nutrient interactions, their role in various diets, or606
suggestions as how to best use and combine them; provided, however, that such607
information does not constitute medical nutrition therapy; provided, further, that such608
person shall not use any protected titles as provided in Code Section 43-11A-16 and shall609
- 24 - 24 LC 52 0546S
not hold himself or herself out as qualified to engage in the practice of medical nutrition610
therapy;611
(9) The practice of the tenets of any religion, sect, or denomination whatsoever;612
provided, however, that a member of such religion, sect, or denomination shall not use613
any protected titles as provided in Code Section 43-11A-16 and shall not hold himself or614
herself out as qualified to engage in the practice of medical nutrition therapy;615
(10) A person who provides individualized nutrition recommendations for the wellness616
and primary prevention of chronic disease, health coaching, holistic and wellness617
education, guidance, motivation, behavior change management, services for nonmedical618
weight control, or other nutrition care services, provided that:619
(A) Such services do not constitute medical nutrition therapy;620
(B) Such person does not use protected titles as provided in Code Section 43-11A-16;621
and622
(C) Such person does not hold himself or herself out as licensed or qualified to engage623
in the practice of medical nutrition therapy; or624
(11) A person who is an operator or employee of a health food store or business that sells625
health products, including dietary supplements, food, herbs, or food materials, and who626
provides verbal general nonmedical nutrition information that does not constitute medical627
nutrition therapy; provided, however, that such person shall not use any protected titles628
as provided in Code Section 43-11A-16.629
43-11A-19.630
(a) Except as provided for in subsection (b) of this Code section, a qualified supervisor631
shall be licensed under this chapter or exempt under paragraph (2) of Code632
Section 43-11A-18.633
(b) If a supervisee is providing medical nutrition therapy, a qualified supervisor shall:634
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(1) Be a licensed dietitian nutritionist, licensed nutritionist, or a healthcare provider635
licensed or certified in any state or territory, including licensed or certified dietitians,636
dietitian nutritionists, or nutritionists, whose scope of practice includes the provision of637
medical nutrition therapy;638
(2) When a state does not provide for licensure or certification of dietitians, dietitian639
nutritionists, or nutritionists, meet such other criteria as the board may establish by rule640
or regulation, including being a registered dietitian, certified nutrition specialist, or641
licensed healthcare provider whose scope of practice includes the provision of medical642
nutrition therapy; or643
(3) Be an employee of the federal government authorized within the discharge of his or644
her official duties to provide medical nutrition therapy.645
(c) A qualified supervisor shall:646
(1) Only supervise a clinical activity or nutrition care service for which the qualified647
supervisor is authorized to perform;648
(2) Develop and carry out a program for advancing and optimizing the quality of649
nutrition care services provided by a supervisee; provided, however, that such qualified650
supervisor and supervisee shall identify and document:651
(A) The goals for such supervised practice experience;652
(B) The assignment of clinical tasks as appropriate to the supervisee's evolving level653
of competence;654
(C) The supervisee's relationship and the amount and type of access to the qualified655
supervisor; and656
(D) The process for evaluating the supervisee's performance;657
(3) Oversee the activities of and approve and accept responsibility for the nutrition care658
services rendered by the supervisee;659
(4) At a minimum, be physically on-site and present where the supervisee is providing660
nutrition care services or be immediately and continuously available to the supervisee by661
- 26 - 24 LC 52 0546S
means of two-way real-time audiovisual technology that allows for direct,662
contemporaneous interaction by sight and sound between the qualified supervisor and the663
supervisee; provided, however, that, if the qualified supervisor assigns to a supervisee a664
nutrition care service that is to be provided in a setting where the qualified supervisor is665
not routinely present, such qualified supervisor shall ensure that the means and methods666
of supervision are adequate to ensure appropriate patient care, which may include667
synchronous videoconferencing or another method of communication, and oversight that668
is appropriate to the care setting and the education and experience of the supervisee, as669
determined by the board by approval, policy, or rule;670
(5) Review on a regular basis the charts, records, and clinical notes of any supervisee and671
maintain responsibility for such supervisee's clinical record keeping;672
(6) Be available to render assistance during the provision of nutrition care services when673
requested by the patient; provided, however, that, if such qualified supervisor is not674
available, such qualified supervisor shall arrange for another qualified healthcare provider675
lawfully able to render nutrition care services to be available; and676
(7) Limit the assignment of nutrition care services to those services that are within the677
training and experience of the supervisee and customary to the practice of the qualified678
supervisor."679
PART II680
Conforming cross-references681
SECTION 2-1.682
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,683
is amended by revising subparagraph (c)(5)(D) of Code Section 43-1-33, relating to684
advertisement, signage, and identifier requirements for health care practitioners, as follows:685
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"(D) Dietitian nutritionist or nutritionist licensed or registered pursuant to Chapter 11A686
of this title;"687
SECTION 2-2.688
Said title is further amended in Code Section 43-34-316, relating to exceptions, by revising689
paragraph (5) as follows:690
"(5) Any person using genetic data for purposes of nutritional counseling who is licensed691
as a dietitian nutritionist or nutritionist under Chapter 11A of this title or exempt from692
such licensure pursuant to paragraph (10) of Code Section 43-11A-18."693
SECTION 2-3.694
The Official Code of Georgia Annotated is amended by replacing "clinical dietitian" and695
"dietitian" with "dietitian nutritionist or nutritionist" and by replacing "dietitians" with696
"dietitian nutritionists or nutritionists" wherever such terms occur in:697
(1) Code Section 9-11-9.1, relating to affidavit to accompany charge of professional698
malpractice;699
(2) Code Section 31-2A-14, relating to Georgia Diabetes Control Grant Program,700
advisory committee, administration of authorized grant programs, and grant criteria;701
(3) Code Section 31-8-192, relating to definitions relative to health share volunteers in702
medicine;703
(4) Code Section 33-20A-3, relating to definitions relative to patient protection;704
(5) Code Section 33-20E-2, relating to application to insurers and definitions;705
(6) Code Section 33-24-59.27, relating to right to shop for insurance coverage, disclosure706
of pricing information, and notice;707
(7) Code Section 33-39-3, relating to definitions relative to the collection, use, and708
disclosure of information gathered by insurance institutions;709
(8) Code Section 43-1-28, relating to volunteers in health care specialties;710
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(9) Code Section 51-2-5.1, relating to relationship between hospital and health care711
provider prerequisite to liability, notice regarding independent contractor status, and712
factors for consideration in determining status; and713
(10) Code Section 51-16-1, relating to definitions relative to pandemic business safety.714
SECTION 2-4.715
Said Code is further amended by replacing "dietetics" with "nutrition and dietetics" wherever716
such term occurs in:717
(1) Code Section 43-1-28, relating to volunteers in health care specialties; and718
(2) Code Section 43-22A-13, relating to compliance with state and federal regulations.719
PART III720
Effective date and repealer721
SECTION 3-1.722
This Act shall become effective upon its approval by the Governor or upon its becoming law723
without such approval.724
SECTION 3-2.725
All laws and parts of laws in conflict with this Act are repealed.726
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