ENROLLED
2015 Regular Session
HOUSE RESOLUTION NO. 151
BY REPRESENTATIVE STOKES
A RESOLUTION
To urge and request the Department of Health and Hospitals to review Title 46 and Title 48
of the Louisiana Administrative Code relative to professional and occupational
standards and to public health, respectively, 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.
WHEREAS, the Department of Health and Hospitals (DHH) has the delegated
legislative authority to promulgate rules and regulations in accordance with the
Administrative Procedure Act relative to public health; and
WHEREAS, DHH publishes these rules in the Louisiana Register, a monthly
publication of the division of administration, office of the state register; and
WHEREAS, the federal Centers for Medicare and Medicaid Services (CMS)
published a final rule in May of 2014 (79 Fed. Reg. 26308 (May 7, 2014)) granting ordering
privileges to registered dietitian nutritionists, independent of other health professionals, with
respect to patient diets; and
WHEREAS, these privileges include ordering patient diets and may include the
authorization to order laboratory tests to monitor the effectiveness of diets; and
WHEREAS, the 2014 rule issued by CMS provides that hospitals shall have the
authority to determine which health professionals within their facilities will be privileged
to order diets independently; and
WHEREAS, provisions of Title 46 and Title 48 of the Louisiana Administrative
Code address nutritional needs of patients and menu preparations which are appropriate for
such patients and groups of patients; and
Page 1 of 2 HR NO. 151 ENROLLED
WHEREAS, Louisiana's population has one of the nation's highest incidence rates
per capita of diabetes, obesity, and several other chronic diseases related to poor nutrition;
and
WHEREAS, amending state regulations to comport with current federal regulations
relative to dietitian nutritionists could improve the efficiency and efficacy of nutritional care
in Louisiana with the added benefit of achieving cost savings in the state's Medicaid
program.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby urge and request the Department of Health and
Hospitals to review Title 46 and Title 48 of the Louisiana Administrative Code relative to
professional and occupational standards and to public health, respectively, for consistency
with applicable federal regulations concerning dietitian nutritionists.
BE IT FURTHER RESOLVED that the Department of Health and Hospitals shall
promulgate any rules which may be necessary to conform state regulations relative to
dietitian nutritionists with federal regulations for that profession, and shall submit such rules
to the legislative committees on health and welfare for review in accordance with the
Administrative Procedure Act.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Department of Health and Hospitals.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
Page 2 of 2