Texas 2009 - 81st Regular

Texas House Bill HB3528 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10231 BEF-F
2	2	By: Davis of Dallas H.B. No. 3528
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of the practice of
8	8	dietetics and nutrition care services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 701.001, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 701.001. SHORT TITLE. This chapter may be cited as the
13	13	Texas Dietetics and Nutrition Practice [Licensed Dietitian] Act.
14	14	SECTION 2. Section 701.002, Occupations Code, is amended by
15	15	amending Subdivisions (3), (4), (6), (7), and (8) and adding
16	16	Subdivision (6-a) to read as follows:
17	17	(3) "Dietetics" means the integration and application
18	18	of [professional discipline of applying and integrating]
19	19	scientific principles of food, nutrition, biochemistry,
20	20	physiology, management, and behavioral and social sciences under
21	21	different health, social, cultural, physical, psychological, and
22	22	economic conditions for the proper nourishment, care, and education
23	23	of an individual or group throughout the life cycle to achieve and
24	24	maintain human health. The term includes the development,
25	25	management, and provision of nutrition services.
26	26	(4) "Dietitians board" means the Texas [State] Board
27	27	of Dietetics and Nutrition [Examiners of Dietitians].
28	28	(6) "Nutrition assessment" means evaluating the
29	29	nutrition [nutritional] needs of an individual or group, using
30	30	relevant data, to make appropriate nutrition recommendations
31	31	[based on appropriate biochemical, anthropometric, physical, and
32	32	dietary data to determine nutrient needs and recommend appropriate
33	33	nutritional intake, including enteral and parenteral nutrition].
34	34	(6-a) "Nutrition care services" means all nutrition
35	35	services provided by a licensed dietitian in each area of practice,
36	36	including assessment, evaluation, counseling, research, education,
37	37	monitoring, consultation, development, and implementation of food
38	38	and nutrition-related services.
39	39	(7) "Nutrition counseling" means advising and
40	40	assisting an individual or group on appropriate nutrition-related
41	41	behavior by integrating information from the nutrition assessment
42	42	[nutritional intake by integrating information from a nutrition
43	43	assessment with information on food and other sources of nutrients
44	44	and meal preparation consistent with cultural background and
45	45	socioeconomic status].
46	46	(8) "Practice of dietetics and nutrition care
47	47	[Nutrition] services" includes [means]:
48	48	(A) assessing the nutrition [nutritional] needs
49	49	of an individual or group based on biochemical, anthropometric,
50	50	physical, and dietary data, [and] determining constraints and
51	51	resources to meet the nutrition needs of an individual or group, and
52	52	recommending proper nutrition intervention, including specialized
53	53	nutrition support such as determining nutrient needs for enteral
54	54	and parenteral nutrition and monitoring to evaluate patient
55	55	response to that treatment [in the practice];
56	56	(B) establishing priorities, objectives, and
57	57	goals that meet the nutrition [nutritional] needs of the individual
58	58	or group based on [and are consistent with] constraints and
59	59	available resources;
60	60	(C) providing nutrition education and counseling
61	61	in health and disease;
62	62	(D) developing, implementing, and managing food
63	63	and nutrition [nutritional] care services [systems]; [or]
64	64	(E) evaluating, adjusting [changing], and
65	65	maintaining appropriate quality standards in dietetics [food] and
66	66	nutrition [nutritional] care services; and
67	67	(F) providing medical nutrition therapy in
68	68	accordance with 42 U.S.C. Section 1395x(vv).
69	69	SECTION 3. Section 701.003, Occupations Code, is amended to
70	70	read as follows:
71	71	Sec. 701.003. APPLICATION OF SUNSET ACT. The Texas [State]
72	72	Board of Dietetics and Nutrition [Examiners of Dietitians] is
73	73	subject to Chapter 325, Government Code (Texas Sunset Act). Unless
74	74	continued in existence as provided by that chapter, the board is
75	75	abolished September 1, 2017.
76	76	SECTION 4. Subchapter A, Chapter 701, Occupations Code, is
77	77	amended by adding Sections 701.004 and 701.005 to read as follows:
78	78	Sec. 701.004. EXEMPTIONS. (a) This chapter does not apply
79	79	to a person who is a:
80	80	(1) retailer that furnishes oral or written general
81	81	nutrition information to a customer on food, food materials,
82	82	dietary supplements, or other goods sold at the retailer's
83	83	establishment in connection with the marketing and distribution of
84	84	those goods at the retailer's establishment;
85	85	(2) person that furnishes oral or written general
86	86	nutrition information on food, food materials, or dietary
87	87	supplements;
88	88	(3) person engaged in the practice of the tenets of any
89	89	religion, sect, or denomination that furnishes oral or written
90	90	general nutrition information on food, food materials, or dietary
91	91	supplements;
92	92	(4) person who disseminates oral or written general
93	93	nutrition information, conducts a class or seminar, or gives a
94	94	speech related to dietetics and nutrition care services;
95	95	(5) licensed health care professional practicing
96	96	within the person's scope of practice;
97	97	(6) student or trainee working under the direct
98	98	supervision of a licensed dietitian for a limited period as
99	99	determined by the dietitians board, while fulfilling an experience
100	100	requirement or pursuing a course of study to meet the requirements
101	101	for a license under this chapter;
102	102	(7) person assisting in the practice of dietetics and
103	103	nutrition care services under the direct supervision of a licensed
104	104	dietitian and performing only support activities; or
105	105	(8) person providing a program of weight control
106	106	services if the program has been reviewed by, consultation is
107	107	available from, and no program change can be initiated without
108	108	prior approval of a:
109	109	(A) dietitian registered by the Commission on
110	110	Dietetic Registration; or
111	111	(B) licensed physician.
112	112	(b) This chapter does not apply to a dietitian or
113	113	nutritionist serving in the United States armed forces or the
114	114	United States Public Health Service or employed by the Department
115	115	of Veterans Affairs when performing duties associated with that
116	116	service or employment.
117	117	(c) This chapter does not apply to a dietitian or
118	118	nutritionist employed by the state or a political subdivision of
119	119	this state, including a school district, who is acting solely
120	120	within the scope of the person's employment.
121	121	Sec. 701.005. APPLICABILITY OF OTHER LAW. This chapter
122	122	does not authorize a person to medically diagnose or treat, or to
123	123	attempt to medically diagnose, treat, or cure, a disease, disorder,
124	124	deformity, or injury, or to otherwise engage in the practice of
125	125	medicine in violation of Subtitle B.
126	126	SECTION 5. The heading to Subchapter B, Chapter 701,
127	127	Occupations Code, is amended to read as follows:
128	128	SUBCHAPTER B. TEXAS [STATE] BOARD OF DIETETICS AND NUTRITION
129	129	[EXAMINERS OF DIETITIANS]
130	130	SECTION 6. Section 701.051(a), Occupations Code, is amended
131	131	to read as follows:
132	132	(a) The Texas [State] Board of Dietetics and Nutrition
133	133	[Examiners of Dietitians] consists of nine members appointed by the
134	134	governor with the advice and consent of the senate as follows:
135	135	(1) six licensed dietitian members, each of whom has
136	136	been licensed under this chapter for not less than three years
137	137	before the member's date of appointment; and
138	138	(2) three members who represent the public, including
139	139	one physician.
140	140	SECTION 7. Sections 701.2041(c), (e), (f), (h), and (i),
141	141	Occupations Code, are amended to read as follows:
142	142	(c) If a person fails to comply with a subpoena, the
143	143	dietitians [dieticians] board, acting through the attorney
144	144	general, may file suit to enforce the subpoena in a district court
145	145	in Travis County or in the county in which a hearing conducted by
146	146	the board may be held.
147	147	(e) The board may delegate the authority granted under
148	148	Subsection (a) to the executive secretary of the dietitians
149	149	[dieticians] board.
150	150	(f) The dietitians [dieticians] board shall pay a
151	151	reasonable fee for photocopies subpoenaed under this section in an
152	152	amount not to exceed the amount the board may charge for copies of
153	153	its records.
154	154	(h) All information and materials subpoenaed or compiled by
155	155	the dietitians [dieticians] board in connection with a complaint
156	156	and investigation are confidential and not subject to disclosure
157	157	under Chapter 552, Government Code, and not subject to disclosure,
158	158	discovery, subpoena, or other means of legal compulsion for their
159	159	release to anyone other than the board or its employees or agents
160	160	involved in discipline of the holder of a license, except that this
161	161	information may be disclosed to:
162	162	(1) persons involved with the board in a disciplinary
163	163	action against the holder of a license;
164	164	(2) professional dietitian licensing or disciplinary
165	165	boards in other jurisdictions;
166	166	(3) peer assistance programs approved by the board
167	167	under Chapter 467, Health and Safety Code;
168	168	(4) law enforcement agencies; and
169	169	(5) persons engaged in bona fide research, if all
170	170	individual-identifying information has been deleted.
171	171	(i) The filing of formal charges by the dietitians
172	172	[dieticians] board against a holder of a license, the nature of
173	173	those charges, disciplinary proceedings of the board, and final
174	174	disciplinary actions, including warnings and reprimands, by the
175	175	board are not confidential and are subject to disclosure in
176	176	accordance with Chapter 552, Government Code.
177	177	SECTION 8. Section 701.251(b), Occupations Code, is amended
178	178	to read as follows:
179	179	(b) Unless the person holds a [an appropriate] license
180	180	issued under this chapter, a person may not:
181	181	(1) use the title or represent or imply that the person
182	182	has the title "dietitian" ["licensed dietitian"] or "provisional
183	183	licensed dietitian" or use the letters "LD" or "PLD"; [or]
184	184	(2) use a facsimile of those titles or letters to
185	185	indicate or imply that the person is a dietitian, licensed
186	186	dietitian, or provisional licensed dietitian; or
187	187	(3) engage in the practice of dietetics and nutrition
188	188	care services.
189	189	SECTION 9. Section 701.252(a), Occupations Code, is amended
190	190	to read as follows:
191	191	(a) Each applicant for a [dietitian] license under this
192	192	chapter must submit a sworn application accompanied by the
193	193	application fee.
194	194	SECTION 10. Sections 701.253(c) and (e), Occupations Code,
195	195	are amended to read as follows:
196	196	(c) The dietitians board shall [prepare or] approve an
197	197	examination administered[. An examination prescribed by the board
198	198	may be or may include an examination given] by the Commission on
199	199	Dietetic Registration unless the board finds that the examination
200	200	is inadequate to protect the public health and safety [or by a
201	201	national or state testing service instead of an examination
202	202	prepared by the board].
203	203	(e) Examinations [The dietitians board] shall be
204	204	administered [administer an examination] to qualified applicants
205	205	at least twice each calendar year.
206	206	SECTION 11. Section 701.254, Occupations Code, is amended
207	207	to read as follows:
208	208	Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. (a) To
209	209	qualify for the licensing examination under this chapter, an
210	210	applicant must:
211	211	(1) possess at least a baccalaureate [or
212	212	postbaccalaureate] degree from a United States [, conferred by a
213	213	college or university] regionally accredited college or university
214	214	[at the time of conferral,] with[:
215	215	[(A)] a major course of study in human nutrition,
216	216	food and nutrition, nutrition education, dietetics, or food systems
217	217	management; [or
218	218	[(B) an equivalent major course of study approved
219	219	by the dietitians board;] and
220	220	(2) have completed a [an internship or preplanned,]
221	221	documented supervised practice [, professional] experience
222	222	component [program] in dietetics [practice] of not less than 900
223	223	hours under the supervision of a licensed dietitian, a
224	224	state-licensed health care practitioner, or an individual with a
225	225	doctoral degree conferred by a regionally accredited college or
226	226	university with a major course of study in human nutrition, food and
227	227	nutrition, nutrition education, dietetics, or food systems
228	228	management [or a registered dietitian approved by the board].
229	229	(b) The supervised practice experience component must be
230	230	completed in the United States.
231	231	(c) The dietitians board shall determine whether a degree
232	232	conferred on an applicant by an educational institution outside of
233	233	the United States is equivalent to a degree conferred by a
234	234	regionally accredited institution of higher education in the United
235	235	States.
236	236	(d) The dietitians board shall determine whether the degree
237	237	of a person who holds a doctoral degree conferred outside the United
238	238	States is equivalent to a doctoral degree conferred by a regionally
239	239	accredited institution of higher education in the United States
240	240	before the person may supervise a practice experience component
241	241	under this section.
242	242	SECTION 12. Section 701.257, Occupations Code, is amended
243	243	to read as follows:
244	244	Sec. 701.257. REEXAMINATION FOR LICENSING EXAMINATION. An
245	245	applicant who fails the licensing examination [three times] must
246	246	comply with [provide evidence to the dietitians board that the
247	247	applicant has successfully completed credit hours in the
248	248	applicant's areas of weakness before] the [applicant may apply for]
249	249	reexamination requirements of the entity that administers the
250	250	examination under Section 701.253(c).
251	251	SECTION 13. Section 701.258, Occupations Code, is amended
252	252	to read as follows:
253	253	Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The
254	254	dietitians board shall issue a license under this chapter to a
255	255	person who:
256	256	(1) submits an application under Section 701.252;
257	257	(2) passes the jurisprudence examination under
258	258	Section 701.2575;
259	259	(3) passes the examination under Section 701.253;
260	260	(4) pays the required examination and application
261	261	fees; and
262	262	(5) is otherwise [certificate as a licensed dietitian
263	263	to a person] qualified for a license under this chapter.
264	264	SECTION 14. Subchapter H, Chapter 701, Occupations Code, is
265	265	amended by adding Section 701.354 to read as follows:
266	266	Sec. 701.354. REIMBURSEMENT NOT MANDATED; SERVICES
267	267	AUTHORIZED. (a) This chapter does not require new or additional
268	268	third-party reimbursement or mandated workers' compensation
269	269	benefits for services provided by a license holder under this
270	270	chapter.
271	271	(b) A license holder under this chapter is qualified to
272	272	provide medical nutrition therapy in accordance with 42 U.S.C.
273	273	Section 1395x(vv).
274	274	SECTION 15. The following sections of the Occupations Code
275	275	are repealed:
276	276	(1) Section 701.253(d); and
277	277	(2) Section 701.260.
278	278	SECTION 16. The change in law made by this Act by the
279	279	enactment of Section 701.251(b)(3) applies only to the practice of
280	280	dietetics and nutrition care services on or after September 1,
281	281	2009. The practice of dietetics and nutrition care services before
282	282	that date is governed by the law in effect on the date the practice
283	283	occurred, and the former law is continued in effect for that
284	284	purpose.
285	285	SECTION 17. The changes in law made by this Act in the
286	286	qualifications of public members of the Texas Board of Dietetics
287	287	and Nutrition do not affect the entitlement of a member serving on
288	288	the board immediately before the effective date of this Act to
289	289	continue to serve for the remainder of the member's term. As the
290	290	terms of board members expire, the governor shall appoint or
291	291	reappoint a member who has the qualifications required for a member
292	292	under Section 701.051(a)(2), Occupations Code, as amended by this
293	293	Act.
294	294	SECTION 18. The changes in law made by this Act by the
295	295	amendment of Sections 701.253 and 701.254, Occupations Code, apply
296	296	only to a person who submits an application for a license under
297	297	Chapter 701, Occupations Code, on or after the effective date of
298	298	this Act. A person who submits an application before the effective
299	299	date of this Act is governed by the law in effect on the date the
300	300	application is submitted, and the former law is continued in effect
301	301	for that purpose.
302	302	SECTION 19. The change in law made by this Act by the
303	303	amendment of Section 701.257, Occupations Code, applies only to a
304	304	person who submits an application for reexamination on or after the
305	305	effective date of this Act. A person who submits an application for
306	306	reexamination before the effective date of this Act is governed by
307	307	the law in effect on the date the application is submitted, and the
308	308	former law is continued in effect for that purpose.
309	309	SECTION 20. This Act takes effect September 1, 2009.