HLS 15RS-4192 ORIGINAL
2015 Regular Session
HOUSE RESOLUTION NO. 151
BY REPRESENTATIVE STOKES
HEALTH/DHH: Requests the Dept. of Health and Hospitals to update La. Administrative
Code provisions as necessary to comport with federal regulations relative to dietitian
nutritionists
1 A RESOLUTION
2To urge and request the Department of Health and Hospitals to review Title 46 and Title 48
3 of the Louisiana Administrative Code relative to professional and occupational
4 standards and to public health, respectively, for consistency with applicable federal
5 regulations concerning dietitian nutritionists; and to promulgate any rules which may
6 be necessary to conform state regulations relative to dietitian nutritionists with
7 federal regulations for that profession.
8 WHEREAS, the Department of Health and Hospitals (DHH) has the delegated
9legislative authority to promulgate rules and regulations in accordance with the
10Administrative Procedure Act relative to public health; and
11 WHEREAS, DHH publishes these rules in the Louisiana Register, a monthly
12publication of the division of administration, office of the state register; and
13 WHEREAS, the federal Centers for Medicare and Medicaid Services (CMS)
14published a final rule in May of 2014 (79 Fed. Reg. 26308 (May 7, 2014)) granting ordering
15privileges to registered dietitian nutritionists, independent of other health professionals, with
16respect to patient diets; and
17 WHEREAS, these privileges include ordering patient diets and may include the
18authorization to order laboratory tests to monitor the effectiveness of diets; and
Page 1 of 3 HLS 15RS-4192 ORIGINAL
HR NO. 151
1 WHEREAS, the 2014 rule issued by CMS provides that hospitals shall have the
2authority to determine which health professionals within their facilities will be privileged
3to order diets independently; and
4 WHEREAS, provisions of Title 46 and Title 48 of the Louisiana Administrative
5Code address nutritional needs of patients and menu preparations which are appropriate for
6such patients and groups of patients; and
7 WHEREAS, Louisiana's population has one of the nation's highest incidence rates
8per capita of diabetes, obesity, and several other chronic diseases related to poor nutrition;
9and
10 WHEREAS, amending state regulations to comport with current federal regulations
11relative to dietitian nutritionists could improve the efficiency and efficacy of nutritional care
12in Louisiana with the added benefit of achieving cost savings in the state's Medicaid
13program.
14 THEREFORE, BE IT RESOLVED that the House of Representatives of the
15Legislature of Louisiana does hereby urge and request the Department of Health and
16Hospitals to review Title 46 and Title 48 of the Louisiana Administrative Code relative to
17professional and occupational standards and to public health, respectively, for consistency
18with applicable federal regulations concerning dietitian nutritionists.
19 BE IT FURTHER RESOLVED that the Department of Health and Hospitals shall
20promulgate any rules which may be necessary to conform state regulations relative to
21dietitian nutritionists with federal regulations for that profession, and shall submit such rules
22to the legislative committees on health and welfare for review in accordance with the
23Administrative Procedure Act.
24 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
25secretary of the Department of Health and Hospitals.
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HR NO. 151
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HR 151 Original 2015 Regular Session Stokes
Requests the Dept. of Health and Hospitals to review present administrative code for
consistency with applicable federal regulations concerning dietitian nutritionists and to
promulgate any rules which may be necessary to conform state regulations relative to
dietitian nutritionists with federal regulations for that profession.
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