Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB18 Compare Versions

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1	1	88S30102 SHH-F
2	2	By: Zaffirini S.B. No. 18
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of dietitians.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 701.002, Occupations Code, is amended by
10	10	amending Subdivision (1-a) and adding Subdivisions (1-b), (1-c),
11	11	(10), and (11) to read as follows:
12	12	(1-a) "Certifying entity" means:
13	13	(A) the Commission on Dietetic Registration; or
14	14	(B) another entity that has standards equivalent
15	15	to the standards of the entity described by Paragraph (A), is
16	16	accredited by the National Commission for Certifying Agencies to
17	17	issue credentials for the professional practice of dietetics, and
18	18	is approved by the department.
19	19	(1-b) "Commission" means the Texas Commission of
20	20	Licensing and Regulation.
21	21	(1-c) "Commission on Dietetic Registration" means the
22	22	commission that is accredited by the National Commission for
23	23	Certifying Agencies to issue credentials for the professional
24	24	practice of dietetics.
25	25	(10) "Registered dietitian" means a person who is
26	26	credentialed by a certifying entity as a registered dietitian.
27	27	(11) "Registered dietitian nutritionist" means a
28	28	person who is credentialed by a certifying entity as a registered
29	29	dietitian nutritionist.
30	30	SECTION 2. Sections 701.251(b) and (c), Occupations Code,
31	31	are amended to read as follows:
32	32	(b) Unless the person holds an appropriate license issued
33	33	under this chapter, a person may not:
34	34	(1) use the title or represent or imply that the person
35	35	has the title "licensed dietitian" [or "provisional licensed
36	36	dietitian"] or use the letters "LD" [or "PLD"]; or
37	37	(2) use a facsimile of that title [those titles] to
38	38	indicate or imply that the person is a licensed dietitian [or
39	39	provisional licensed dietitian].
40	40	(c) Unless the person is a [dietitian] registered dietitian
41	41	or registered dietitian nutritionist [by the Commission on Dietetic
42	42	Registration], a person may not, as applicable:
43	43	(1) use the title or represent or imply that the person
44	44	has the title "registered dietitian" or "registered dietitian
45	45	nutritionist" or use the letters "RD" or "RDN"; or
46	46	(2) use a facsimile of those titles [that title] to
47	47	indicate or imply that the person is a [dietitian] registered
48	48	dietitian or registered dietitian nutritionist [by the Commission
49	49	on Dietetic Registration].
50	50	SECTION 3. Subchapter F, Chapter 701, Occupations Code, is
51	51	amended by adding Section 701.2525 to read as follows:
52	52	Sec. 701.2525. LICENSE QUALIFICATIONS. An applicant for a
53	53	dietitian license must provide evidence satisfactory to the
54	54	department that the applicant:
55	55	(1) is a registered dietitian or registered dietitian
56	56	nutritionist;
57	57	(2) has met the following education and experience
58	58	requirements:
59	59	(A) possesses at least a master's degree,
60	60	accepted by the certifying entity, conferred by a regionally
61	61	accredited college or university under an accredited program that
62	62	is recognized by the United States Secretary of Education under the
63	63	Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.); and
64	64	(B) has completed an internship, didactic
65	65	program, or other supervised experience or practice program in
66	66	dietetics practice that is accepted by the certifying entity and is
67	67	accredited by a body recognized by the United States Secretary of
68	68	Education under the Higher Education Act of 1965 (20 U.S.C. Section
69	69	1001 et seq.);
70	70	(3) has passed the examination given by the applicable
71	71	certifying entity;
72	72	(4) is in compliance with all professional, ethical,
73	73	and disciplinary standards established by the applicable
74	74	certifying entity; and
75	75	(5) is not subject to any disciplinary action by the
76	76	applicable certifying entity.
77	77	SECTION 4. Sections 701.2575(a) and (b), Occupations Code,
78	78	are amended to read as follows:
79	79	(a) The department shall develop and administer [at least
80	80	twice each calendar year] a jurisprudence examination to determine
81	81	an applicant's knowledge of this chapter, commission rules under
82	82	this chapter, and any other applicable laws of this state affecting
83	83	the applicant's dietetics practice.
84	84	(b) In addition to the [license] examination required by
85	85	Section 701.2525 [701.253], an applicant must pass a jurisprudence
86	86	examination to qualify for a license under this chapter.
87	87	SECTION 5. Section 701.304, Occupations Code, is amended to
88	88	read as follows:
89	89	Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission
90	90	or department may refuse to renew the license of a person who fails
91	91	to pay an administrative penalty imposed against the person under
92	92	Subchapter F, Chapter 51 [K], unless enforcement of the penalty is
93	93	stayed or a court has ordered that the administrative penalty is not
94	94	owed.
95	95	SECTION 6. The following provisions of the Occupations Code
96	96	are repealed:
97	97	(1) Section 701.002(9);
98	98	(2) Section 701.1511;
99	99	(3) Section 701.251(a);
100	100	(4) Section 701.253;
101	101	(5) Section 701.254; and
102	102	(6) Section 701.403.
103	103	SECTION 7. (a) The changes in law made by this Act to
104	104	Subchapter F, Chapter 701, Occupations Code, apply only to an
105	105	application for a dietitian license submitted on or after June 1,
106	106	2024. An application for a dietitian license submitted before June
107	107	1, 2024, is governed by the law in effect immediately before the
108	108	effective date of this Act, and the former law is continued in
109	109	effect for that purpose.
110	110	(b) A person who holds a dietitian license under Chapter
111	111	701, Occupations Code, on the effective date of this Act may
112	112	continue to renew that license without complying with Section
113	113	701.2525, Occupations Code, as added by this Act.
114	114	(c) Notwithstanding Section 701.2525, Occupations Code, as
115	115	added by this Act, a person who was credentialed as a registered
116	116	dietitian or registered dietitian nutritionist as defined by
117	117	Section 701.002, Occupations Code, as amended by this Act, before
118	118	June 1, 2024, and who continues to hold that credential may apply
119	119	for a dietitian license without complying with Subchapter F,
120	120	Chapter 701, Occupations Code, as amended by this Act. An
121	121	application for a dietitian license submitted by a person described
122	122	by this subsection is governed by the law in effect immediately
123	123	before the effective date of this Act, and the former law is
124	124	continued in effect for that purpose.
125	125	SECTION 8. This Act takes effect on the 91st day after the
126	126	last day of the legislative session.