Texas 2023 - 88th Regular

Texas Senate Bill SB2016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2016
2	2
3	3
4	4	AN ACT
5	5	relating to the licensing and regulation of dietitians.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 701.002, Occupations Code, is amended by
8	8	amending Subdivision (1-a) and adding Subdivisions (1-b), (1-c),
9	9	(10), and (11) to read as follows:
10	10	(1-a) "Certifying entity" means:
11	11	(A) the Commission on Dietetic Registration; or
12	12	(B) another entity that has standards equivalent
13	13	to the standards of the entity described by Paragraph (A), is
14	14	accredited by the National Commission for Certifying Agencies to
15	15	issue credentials for the professional practice of dietetics, and
16	16	is approved by the department.
17	17	(1-b) "Commission" means the Texas Commission of
18	18	Licensing and Regulation.
19	19	(1-c) "Commission on Dietetic Registration" means the
20	20	commission that is accredited by the National Commission for
21	21	Certifying Agencies to issue credentials for the professional
22	22	practice of dietetics.
23	23	(10) "Registered dietitian" means a person who is
24	24	credentialed by a certifying entity as a registered dietitian.
25	25	(11) "Registered dietitian nutritionist" means a
26	26	person who is credentialed by a certifying entity as a registered
27	27	dietitian nutritionist.
28	28	SECTION 2. Sections 701.251(b) and (c), Occupations Code,
29	29	are amended to read as follows:
30	30	(b) Unless the person holds an appropriate license issued
31	31	under this chapter, a person may not:
32	32	(1) use the title or represent or imply that the person
33	33	has the title "licensed dietitian" [or "provisional licensed
34	34	dietitian"] or use the letters "LD" [or "PLD"]; or
35	35	(2) use a facsimile of that title [those titles] to
36	36	indicate or imply that the person is a licensed dietitian [or
37	37	provisional licensed dietitian].
38	38	(c) Unless the person is a [dietitian] registered dietitian
39	39	or registered dietitian nutritionist [by the Commission on Dietetic
40	40	Registration], a person may not, as applicable:
41	41	(1) use the title or represent or imply that the person
42	42	has the title "registered dietitian" or "registered dietitian
43	43	nutritionist" or use the letters "RD" or "RDN"; or
44	44	(2) use a facsimile of those titles [that title] to
45	45	indicate or imply that the person is a [dietitian] registered
46	46	dietitian or registered dietitian nutritionist [by the Commission
47	47	on Dietetic Registration].
48	48	SECTION 3. Subchapter F, Chapter 701, Occupations Code, is
49	49	amended by adding Section 701.2525 to read as follows:
50	50	Sec. 701.2525. LICENSE QUALIFICATIONS. An applicant for a
51	51	dietitian license must provide evidence satisfactory to the
52	52	department that the applicant:
53	53	(1) is a registered dietitian or registered dietitian
54	54	nutritionist;
55	55	(2) has met the following education and experience
56	56	requirements:
57	57	(A) possesses at least a master's degree,
58	58	accepted by the certifying entity, conferred by a regionally
59	59	accredited college or university under an accredited program that
60	60	is recognized by the United States Secretary of Education under the
61	61	Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.); and
62	62	(B) has completed an internship, didactic
63	63	program, or other supervised experience or practice program in
64	64	dietetics practice that is accepted by the certifying entity and is
65	65	accredited by a body recognized by the United States Secretary of
66	66	Education under the Higher Education Act of 1965 (20 U.S.C. Section
67	67	1001 et seq.);
68	68	(3) has passed the examination given by the applicable
69	69	certifying entity;
70	70	(4) is in compliance with all professional, ethical,
71	71	and disciplinary standards established by the applicable
72	72	certifying entity; and
73	73	(5) is not subject to any disciplinary action by the
74	74	applicable certifying entity.
75	75	SECTION 4. Sections 701.2575(a) and (b), Occupations Code,
76	76	are amended to read as follows:
77	77	(a) The department shall develop and administer [at least
78	78	twice each calendar year] a jurisprudence examination to determine
79	79	an applicant's knowledge of this chapter, commission rules under
80	80	this chapter, and any other applicable laws of this state affecting
81	81	the applicant's dietetics practice.
82	82	(b) In addition to the [license] examination required by
83	83	Section 701.2525 [701.253], an applicant must pass a jurisprudence
84	84	examination to qualify for a license under this chapter.
85	85	SECTION 5. Section 701.304, Occupations Code, is amended to
86	86	read as follows:
87	87	Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission
88	88	or department may refuse to renew the license of a person who fails
89	89	to pay an administrative penalty imposed against the person under
90	90	Subchapter F, Chapter 51 [K], unless enforcement of the penalty is
91	91	stayed or a court has ordered that the administrative penalty is not
92	92	owed.
93	93	SECTION 6. The following provisions of the Occupations Code
94	94	are repealed:
95	95	(1) Section 701.002(9);
96	96	(2) Section 701.1511;
97	97	(3) Section 701.251(a);
98	98	(4) Section 701.253;
99	99	(5) Section 701.254;
100	100	(6) Section 701.403; and
101	101	(7) the heading to Subchapter K, Chapter 701.
102	102	SECTION 7. (a) The changes in law made by this Act to
103	103	Subchapter F, Chapter 701, Occupations Code, apply only to an
104	104	application for a dietitian license submitted on or after January
105	105	1, 2024. An application for a dietitian license submitted before
106	106	January 1, 2024, is governed by the law in effect immediately before
107	107	the effective date of this Act, and the former law is continued in
108	108	effect for that purpose.
109	109	(b) A person who holds a dietitian license under Chapter
110	110	701, Occupations Code, on the effective date of this Act may
111	111	continue to renew that license without complying with Section
112	112	701.2525, Occupations Code, as added by this Act.
113	113	(c) Notwithstanding Section 701.2525, Occupations Code, as
114	114	added by this Act, a person who was credentialed as a registered
115	115	dietitian or registered dietitian nutritionist as defined by
116	116	Section 701.002, Occupations Code, as amended by this Act, before
117	117	January 1, 2024, and who continues to hold that credential may apply
118	118	for a dietitian license without complying with Subchapter F,
119	119	Chapter 701, Occupations Code, as amended by this Act. An
120	120	application for a dietitian license submitted by a person described
121	121	by this subsection is governed by the law in effect immediately
122	122	before the effective date of this Act, and the former law is
123	123	continued in effect for that purpose.
124	124	SECTION 8. This Act takes effect September 1, 2023.
125	125	______________________________ ______________________________
126	126	President of the Senate Speaker of the House
127	127	I hereby certify that S.B. No. 2016 passed the Senate on
128	128	May 2, 2023, by the following vote: Yeas 23, Nays 8.
129	129	______________________________
130	130	Secretary of the Senate
131	131	I hereby certify that S.B. No. 2016 passed the House on
132	132	May 22, 2023, by the following vote: Yeas 97, Nays 47, one
133	133	present not voting.
134	134	______________________________
135	135	Chief Clerk of the House
136	136	Approved:
137	137	______________________________
138	138	Date
139	139	______________________________
140	140	Governor