SLS 15RS-2502 ORIGINAL 2015 Regular Session SENATE RESOLUTION NO. 170 BY SENATOR DORSEY-COLOMB HEALTH/HOSPITALS DEPT. Requests the Department of Health and Hospitals to review and update Titles 46 and 48 of the Louisiana Administrative Code to coincide with federal law relative to dietitian nutritionists. 1 A RESOLUTION 2 To urge and request the Louisiana Department of Health and Hospitals to review Title 46 3 and Title 48 of the Louisiana Administrative Code, relative to professional and 4 occupational standards and to public health, respectively, in order to ensure that these 5 titles are consistent with applicable federal rules with respect to dietitian 6 nutritionists. 7 WHEREAS, the Department of Health and Hospitals (DHH) is empowered to 8 promulgate rules and regulations relative to public health pursuant to the Administrative 9 Procedure Act; and 10 WHEREAS, DHH publishes these promulgated rules through the Department of 11 Administration, office of the state register; and 12 WHEREAS, the Centers for Medicare and Medicaid Services (CMS) published a 13 final rule on May 7, 2014, granting ordering privileges to registered dietitian nutritionists, 14 with respect to patient diets, independent of other medical professionals; and 15 WHEREAS, these privileges include ordering patient diets and may include the 16 ability to order laboratory tests to monitor the effectiveness of the diets; and 17 WHEREAS, the new rule by CMS states that hospitals shall have the authority to 18 determine who within their facility will be privileged to order diets independently; and Page 1 of 2 SR NO. 170 SLS 15RS-2502 ORIGINAL 1 WHEREAS, sections of Title 46 and Title 48 of the Louisiana Administrative Code 2 deal with the nutritional needs of patients and menu preparations which are appropriate for 3 such patients and groups of patients; and 4 WHEREAS, Louisiana is a national leader in chronic diseases related to poor 5 nutrition such as diabetes and obesity; and 6 WHEREAS, the change of rules and regulations in Louisiana to mirror the federal 7 rule could improve the efficiency and efficacy of nutritional care in Louisiana with the added 8 incentive of bringing cost savings to the Louisiana Medicaid program. 9 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana 10 does hereby urge and request that the Louisiana Department of Health and Hospitals review 11 Title 46 and Title 48 of the Louisiana Administrative Code, relative to professional and 12 occupational standards and to public health, respectively, in order to ensure that these titles 13 are consistent with applicable federal rules with respect to dietitian nutritionists. 14 BE IT FURTHER RESOLVED that the Department of Health and Hospitals shall 15 submit its amendments to rules and regulations to the Senate Committee on Health and 16 Welfare and the House of Representatives Committee on Health and Welfare as required 17 under the Administrative Procedure Act. 18 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the 19 secretary of the Department of Health and Hospitals. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Mary Dozier O'Brien. DIGEST SR 170 Original 2015 Regular Session Dorsey-Colomb Requests that DHH review Title 46 and Title 48 of the Louisiana Administrative Code, relative to professional and occupational standards and to public health, respectively, in order to ensure that these titles are consistent with applicable federal rules with respect to dietitian nutritionists. Page 2 of 2