88R12525 JCG-F
By: Zaffirini S.B. No. 2016
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of dietitians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 701.002, Occupations Code, is amended by
amending Subdivision (1-a) and adding Subdivisions (1-b) and (1-c)
to read as follows:
(1-a) "Certifying entity" means the Commission on
Dietetic Registration or another entity that is accredited by the
National Commission for Certifying Agencies or the American
National Standards Institute to issue credentials for the
professional practice of dietetics and is approved by the
department.
(1-b) "Commission" means the Texas Commission of
Licensing and Regulation.
(1-c) "Commission on Dietetic Registration" means the
commission that is accredited by the National Commission for
Certifying Agencies to issue credentials for the professional
practice of dietetics.
SECTION 2. Sections 701.251(b) and (c), Occupations Code,
are amended to read as follows:
(b) Unless the person holds 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 "licensed dietitian" [or "provisional licensed
dietitian"] or use the letters "LD" [or "PLD"]; or
(2) use a facsimile of that title [those titles] to
indicate or imply that the person is a licensed dietitian [or
provisional licensed dietitian].
(c) Unless the person is a dietitian registered by the
Commission on Dietetic Registration, a person may not:
(1) use the title or represent or imply that the person
has the title "registered dietitian" or "registered dietitian
nutritionist" or use the letters "RD" or "RDN"; or
(2) use a facsimile of those titles [that title] to
indicate or imply that the person is a dietitian registered by the
Commission on Dietetic Registration.
SECTION 3. Subchapter F, Chapter 701, Occupations Code, is
amended by adding Section 701.2525 to read as follows:
Sec. 701.2525. LICENSE QUALIFICATIONS. An applicant for a
dietitian license must provide evidence satisfactory to the
department that the applicant:
(1) is certified by a certifying entity as a
registered dietitian or an equivalent certification;
(2) has met the education and experience requirements
for the registered dietitian standard or an equivalent standard
adopted by a certifying entity;
(3) has passed the examination given by the Commission
on Dietetic Registration, or an equivalent examination offered by a
certifying entity, in dietetics;
(4) is in compliance with all professional, ethical,
and disciplinary standards established by the certifying entity
under Subdivision (1); and
(5) is not subject to any disciplinary action by the
certifying entity under Subdivision (1).
SECTION 4. Sections 701.2575(a) and (b), Occupations Code,
are amended to read as follows:
(a) The department shall develop and administer [at least
twice each calendar year] a jurisprudence examination to determine
an applicant's knowledge of this chapter, commission rules under
this chapter, and any other applicable laws of this state affecting
the applicant's dietetics practice.
(b) In addition to the [license] examination required by
Section 701.2525 [701.253], an applicant must pass a jurisprudence
examination to qualify for a license under this chapter.
SECTION 5. Section 701.304, Occupations Code, is amended to
read as follows:
Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission
or department may refuse to renew the license of a person who fails
to pay an administrative penalty imposed against the person under
Subchapter F, Chapter 51 [K], unless enforcement of the penalty is
stayed or a court has ordered that the administrative penalty is not
owed.
SECTION 6. The following provisions of the Occupations Code
are repealed:
(1) Section 701.002(9);
(2) Section 701.1511;
(3) Section 701.251(a);
(4) Section 701.253;
(5) Section 701.254;
(6) Section 701.403; and
(7) the heading for Subchapter K, Chapter 701.
SECTION 7. (a) The changes in law made by this Act to
Subchapter F, Chapter 701, Occupations Code, apply only to an
application for a dietitian license submitted on or after January
1, 2024. An application for a dietitian license submitted before
January 1, 2024, is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
(b) A person who holds a dietitian license under Chapter
701, Occupations Code, on the effective date of this Act may
continue to renew that license without complying with Section
701.2525, Occupations Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2023.