81R10231 BEF-F
By: Davis of Dallas H.B. No. 3528
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of the practice of
dietetics and nutrition care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 701.001, Occupations Code, is amended to
read as follows:
Sec. 701.001. SHORT TITLE. This chapter may be cited as the
Texas Dietetics and Nutrition Practice [Licensed Dietitian] Act.
SECTION 2. Section 701.002, Occupations Code, is amended by
amending Subdivisions (3), (4), (6), (7), and (8) and adding
Subdivision (6-a) to read as follows:
(3) "Dietetics" means the integration and application
of [professional discipline of applying and integrating]
scientific principles of food, nutrition, biochemistry,
physiology, management, and behavioral and social sciences under
different health, social, cultural, physical, psychological, and
economic conditions for the proper nourishment, care, and education
of an individual or group throughout the life cycle to achieve and
maintain human health. The term includes the development,
management, and provision of nutrition services.
(4) "Dietitians board" means the Texas [State] Board
of Dietetics and Nutrition [Examiners of Dietitians].
(6) "Nutrition assessment" means evaluating the
nutrition [nutritional] needs of an individual or group, using
relevant data, to make appropriate nutrition recommendations
[based on appropriate biochemical, anthropometric, physical, and
dietary data to determine nutrient needs and recommend appropriate
nutritional intake, including enteral and parenteral nutrition].
(6-a) "Nutrition care services" means all nutrition
services provided by a licensed dietitian in each area of practice,
including assessment, evaluation, counseling, research, education,
monitoring, consultation, development, and implementation of food
and nutrition-related services.
(7) "Nutrition counseling" means advising and
assisting an individual or group on appropriate nutrition-related
behavior by integrating information from the nutrition assessment
[nutritional intake by integrating information from a nutrition
assessment with information on food and other sources of nutrients
and meal preparation consistent with cultural background and
socioeconomic status].
(8) "Practice of dietetics and nutrition care
[Nutrition] services" includes [means]:
(A) assessing the nutrition [nutritional] needs
of an individual or group based on biochemical, anthropometric,
physical, and dietary data, [and] determining constraints and
resources to meet the nutrition needs of an individual or group, and
recommending proper nutrition intervention, including specialized
nutrition support such as determining nutrient needs for enteral
and parenteral nutrition and monitoring to evaluate patient
response to that treatment [in the practice];
(B) establishing priorities, objectives, and
goals that meet the nutrition [nutritional] needs of the individual
or group based on [and are consistent with] constraints and
available resources;
(C) providing nutrition education and counseling
in health and disease;
(D) developing, implementing, and managing food
and nutrition [nutritional] care services [systems]; [or]
(E) evaluating, adjusting [changing], and
maintaining appropriate quality standards in dietetics [food] and
nutrition [nutritional] care services; and
(F) providing medical nutrition therapy in
accordance with 42 U.S.C. Section 1395x(vv).
SECTION 3. Section 701.003, Occupations Code, is amended to
read as follows:
Sec. 701.003. APPLICATION OF SUNSET ACT. The Texas [State]
Board of Dietetics and Nutrition [Examiners of Dietitians] is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished September 1, 2017.
SECTION 4. Subchapter A, Chapter 701, Occupations Code, is
amended by adding Sections 701.004 and 701.005 to read as follows:
Sec. 701.004. EXEMPTIONS. (a) This chapter does not apply
to a person who is a:
(1) retailer that furnishes oral or written general
nutrition information to a customer on food, food materials,
dietary supplements, or other goods sold at the retailer's
establishment in connection with the marketing and distribution of
those goods at the retailer's establishment;
(2) person that furnishes oral or written general
nutrition information on food, food materials, or dietary
supplements;
(3) person engaged in the practice of the tenets of any
religion, sect, or denomination that furnishes oral or written
general nutrition information on food, food materials, or dietary
supplements;
(4) person who disseminates oral or written general
nutrition information, conducts a class or seminar, or gives a
speech related to dietetics and nutrition care services;
(5) licensed health care professional practicing
within the person's scope of practice;
(6) student or trainee working under the direct
supervision of a licensed dietitian for a limited period as
determined by the dietitians board, while fulfilling an experience
requirement or pursuing a course of study to meet the requirements
for a license under this chapter;
(7) person assisting in the practice of dietetics and
nutrition care services under the direct supervision of a licensed
dietitian and performing only support activities; or
(8) person providing a program of weight control
services if the program has been reviewed by, consultation is
available from, and no program change can be initiated without
prior approval of a:
(A) dietitian registered by the Commission on
Dietetic Registration; or
(B) licensed physician.
(b) This chapter does not apply to a dietitian or
nutritionist serving in the United States armed forces or the
United States Public Health Service or employed by the Department
of Veterans Affairs when performing duties associated with that
service or employment.
(c) This chapter does not apply to a dietitian or
nutritionist employed by the state or a political subdivision of
this state, including a school district, who is acting solely
within the scope of the person's employment.
Sec. 701.005. APPLICABILITY OF OTHER LAW. This chapter
does not authorize a person to medically diagnose or treat, or to
attempt to medically diagnose, treat, or cure, a disease, disorder,
deformity, or injury, or to otherwise engage in the practice of
medicine in violation of Subtitle B.
SECTION 5. The heading to Subchapter B, Chapter 701,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. TEXAS [STATE] BOARD OF DIETETICS AND NUTRITION
[EXAMINERS OF DIETITIANS]
SECTION 6. Section 701.051(a), Occupations Code, is amended
to read as follows:
(a) The Texas [State] Board of Dietetics and Nutrition
[Examiners of Dietitians] consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) six licensed dietitian members, each of whom has
been licensed under this chapter for not less than three years
before the member's date of appointment; and
(2) three members who represent the public, including
one physician.
SECTION 7. Sections 701.2041(c), (e), (f), (h), and (i),
Occupations Code, are amended to read as follows:
(c) If a person fails to comply with a subpoena, the
dietitians [dieticians] board, acting through the attorney
general, may file suit to enforce the subpoena in a district court
in Travis County or in the county in which a hearing conducted by
the board may be held.
(e) The board may delegate the authority granted under
Subsection (a) to the executive secretary of the dietitians
[dieticians] board.
(f) The dietitians [dieticians] board shall pay a
reasonable fee for photocopies subpoenaed under this section in an
amount not to exceed the amount the board may charge for copies of
its records.
(h) All information and materials subpoenaed or compiled by
the dietitians [dieticians] board in connection with a complaint
and investigation are confidential and not subject to disclosure
under Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the board or its employees or agents
involved in discipline of the holder of a license, except that this
information may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) professional dietitian licensing or disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the board
under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the dietitians
[dieticians] board against a holder of a license, the nature of
those charges, disciplinary proceedings of the board, and final
disciplinary actions, including warnings and reprimands, by the
board are not confidential and are subject to disclosure in
accordance with Chapter 552, Government Code.
SECTION 8. Section 701.251(b), Occupations Code, is amended
to read as follows:
(b) Unless the person holds a [an appropriate] license
issued under this chapter, a person may not:
(1) use the title or represent or imply that the person
has the title "dietitian" ["licensed dietitian"] or "provisional
licensed dietitian" or use the letters "LD" or "PLD"; [or]
(2) use a facsimile of those titles or letters to
indicate or imply that the person is a dietitian, licensed
dietitian, or provisional licensed dietitian; or
(3) engage in the practice of dietetics and nutrition
care services.
SECTION 9. Section 701.252(a), Occupations Code, is amended
to read as follows:
(a) Each applicant for a [dietitian] license under this
chapter must submit a sworn application accompanied by the
application fee.
SECTION 10. Sections 701.253(c) and (e), Occupations Code,
are amended to read as follows:
(c) The dietitians board shall [prepare or] approve an
examination administered[. An examination prescribed by the board
may be or may include an examination given] by the Commission on
Dietetic Registration unless the board finds that the examination
is inadequate to protect the public health and safety [or by a
national or state testing service instead of an examination
prepared by the board].
(e) Examinations [The dietitians board] shall be
administered [administer an examination] to qualified applicants
at least twice each calendar year.
SECTION 11. Section 701.254, Occupations Code, is amended
to read as follows:
Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. (a) To
qualify for the licensing examination under this chapter, an
applicant must:
(1) possess at least a baccalaureate [or
postbaccalaureate] degree from a United States [, conferred by a
college or university] regionally accredited college or university
[at the time of conferral,] with[:
[(A)] a major course of study in human nutrition,
food and nutrition, nutrition education, dietetics, or food systems
management; [or
[(B) an equivalent major course of study approved
by the dietitians board;] and
(2) have completed a [an internship or preplanned,]
documented supervised practice [, professional] experience
component [program] in dietetics [practice] of not less than 900
hours under the supervision of a licensed dietitian, a
state-licensed health care practitioner, or an individual with a
doctoral degree conferred by a regionally accredited college or
university with a major course of study in human nutrition, food and
nutrition, nutrition education, dietetics, or food systems
management [or a registered dietitian approved by the board].
(b) The supervised practice experience component must be
completed in the United States.
(c) The dietitians board shall determine whether a degree
conferred on an applicant by an educational institution outside of
the United States is equivalent to a degree conferred by a
regionally accredited institution of higher education in the United
States.
(d) The dietitians board shall determine whether the degree
of a person who holds a doctoral degree conferred outside the United
States is equivalent to a doctoral degree conferred by a regionally
accredited institution of higher education in the United States
before the person may supervise a practice experience component
under this section.
SECTION 12. Section 701.257, Occupations Code, is amended
to read as follows:
Sec. 701.257. REEXAMINATION FOR LICENSING EXAMINATION. An
applicant who fails the licensing examination [three times] must
comply with [provide evidence to the dietitians board that the
applicant has successfully completed credit hours in the
applicant's areas of weakness before] the [applicant may apply for]
reexamination requirements of the entity that administers the
examination under Section 701.253(c).
SECTION 13. Section 701.258, Occupations Code, is amended
to read as follows:
Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The
dietitians board shall issue a license under this chapter to a
person who:
(1) submits an application under Section 701.252;
(2) passes the jurisprudence examination under
Section 701.2575;
(3) passes the examination under Section 701.253;
(4) pays the required examination and application
fees; and
(5) is otherwise [certificate as a licensed dietitian
to a person] qualified for a license under this chapter.
SECTION 14. Subchapter H, Chapter 701, Occupations Code, is
amended by adding Section 701.354 to read as follows:
Sec. 701.354. REIMBURSEMENT NOT MANDATED; SERVICES
AUTHORIZED. (a) This chapter does not require new or additional
third-party reimbursement or mandated workers' compensation
benefits for services provided by a license holder under this
chapter.
(b) A license holder under this chapter is qualified to
provide medical nutrition therapy in accordance with 42 U.S.C.
Section 1395x(vv).
SECTION 15. The following sections of the Occupations Code
are repealed:
(1) Section 701.253(d); and
(2) Section 701.260.
SECTION 16. The change in law made by this Act by the
enactment of Section 701.251(b)(3) applies only to the practice of
dietetics and nutrition care services on or after September 1,
2009. The practice of dietetics and nutrition care services before
that date is governed by the law in effect on the date the practice
occurred, and the former law is continued in effect for that
purpose.
SECTION 17. The changes in law made by this Act in the
qualifications of public members of the Texas Board of Dietetics
and Nutrition do not affect the entitlement of a member serving on
the board immediately before the effective date of this Act to
continue to serve for the remainder of the member's term. As the
terms of board members expire, the governor shall appoint or
reappoint a member who has the qualifications required for a member
under Section 701.051(a)(2), Occupations Code, as amended by this
Act.
SECTION 18. The changes in law made by this Act by the
amendment of Sections 701.253 and 701.254, Occupations Code, apply
only to a person who submits an application for a license under
Chapter 701, Occupations Code, on or after the effective date of
this Act. A person who submits an application before the effective
date of this Act is governed by the law in effect on the date the
application is submitted, and the former law is continued in effect
for that purpose.
SECTION 19. The change in law made by this Act by the
amendment of Section 701.257, Occupations Code, applies only to a
person who submits an application for reexamination on or after the
effective date of this Act. A person who submits an application for
reexamination before the effective date of this Act is governed by
the law in effect on the date the application is submitted, and the
former law is continued in effect for that purpose.
SECTION 20. This Act takes effect September 1, 2009.