By: Zaffirini S.B. No. 2016
(In the Senate - Filed March 9, 2023; March 21, 2023, read
first time and referred to Committee on Business & Commerce;
April 27, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 1; April 27, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2016 By: Zaffirini
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), (1-c),
(10), and (11) to read as follows:
(1-a) "Certifying entity" means:
(A) the Commission on Dietetic Registration; or
(B) another entity that has standards equivalent
to the standards of the entity described by Paragraph (A), is
accredited by the National Commission for Certifying Agencies 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.
(10) "Registered dietitian" means a person who is
credentialed by a certifying entity as a registered dietitian.
(11) "Registered dietitian nutritionist" means a
person who is credentialed by a certifying entity as a registered
dietitian nutritionist.
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 dietitian
or registered dietitian nutritionist [by the Commission on Dietetic
Registration], a person may not, as applicable:
(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
dietitian or registered dietitian nutritionist [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 a registered dietitian or registered dietitian
nutritionist;
(2) has met the following education and experience
requirements:
(A) possesses at least a master's degree,
accepted by the certifying entity, conferred by a regionally
accredited college or university under an accredited program that
is recognized by the United States Secretary of Education under the
Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.); and
(B) has completed an internship, didactic
program, or other supervised experience or practice program in
dietetics practice that is accepted by the certifying entity and is
accredited by a body recognized by the United States Secretary of
Education under the Higher Education Act of 1965 (20 U.S.C. Section
1001 et seq.);
(3) has passed the examination given by the applicable
certifying entity;
(4) is in compliance with all professional, ethical,
and disciplinary standards established by the applicable
certifying entity; and
(5) is not subject to any disciplinary action by the
applicable certifying entity.
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 to 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.
(c) Notwithstanding Section 701.2525, Occupations Code, as
added by this Act, a person who was credentialed as a registered
dietitian or registered dietitian nutritionist as defined by
Section 701.002, Occupations Code, as amended by this Act, before
January 1, 2024, and who continues to hold that credential may apply
for a dietitian license without complying with Subchapter F,
Chapter 701, Occupations Code, as amended by this Act. An
application for a dietitian license submitted by a person described
by this subsection 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.
SECTION 8. This Act takes effect September 1, 2023.
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