S.B. No. 1434
AN ACT
1-1 relating to the continuation and functions of the Texas State Board
1-2 of Examiners of Dietitians and the regulation of dietetics.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Licensed Dietitian Act (Article 4512h,
1-5 Vernon's Texas Civil Statutes), is amended by amending Subdivision
1-6 (6) and adding Subdivisions (10), (11), and (12) to read as
1-7 follows:
1-8 (6) "Dietetics" means the professional discipline of
1-9 applying and integrating scientific principles of food, nutrition,
1-10 biochemistry, physiology, management, and behavioral and social
1-11 sciences under different health, social, cultural, physical,
1-12 psychological, and economic conditions to the proper nourishment,
1-13 care, and education of individuals or groups throughout the life
1-14 cycle to achieve and maintain the health of people. The term
1-15 includes without limitation the development, management, and
1-16 provision of nutrition <nutritional> services.
1-17 (10) "Nutrition services" means:
1-18 (A) assessing the nutritional needs of
1-19 individuals and groups and determining resources and constraints in
1-20 the practice;
1-21 (B) establishing priorities, goals, and
1-22 objectives that meet nutritional needs and are consistent with
1-23 available resources and constraints;
1-24 (C) providing nutrition counseling in health and
2-1 disease;
2-2 (D) developing, implementing, and managing
2-3 nutritional care systems; or
2-4 (E) evaluating, making changes in, and
2-5 maintaining appropriate standards of quality in food and
2-6 nutritional care services.
2-7 (11) "Nutrition assessment" means the evaluation of
2-8 the nutritional needs of individuals and groups based on
2-9 appropriate biochemical, anthropometric, physical, and dietary data
2-10 to determine nutrient needs and recommend appropriate nutritional
2-11 intake including enteral and parenteral nutrition.
2-12 (12) "Nutrition counseling" means advising and
2-13 assisting individuals or groups on appropriate nutritional intake
2-14 by integrating information from the nutrition assessment with
2-15 information on food and other sources of nutrients and meal
2-16 preparation consistent with cultural background and socioeconomic
2-17 status.
2-18 SECTION 2. Section 3, Licensed Dietitian Act (Article 4512h,
2-19 Vernon's Texas Civil Statutes), is amended by amending Subsections
2-20 (e) through (h) and adding Subsections (i) and (j) to read as
2-21 follows:
2-22 (e) A person is not eligible for appointment as a public
2-23 member of the board if the person or <and> the person's spouse:
2-24 (1) is registered, certified, or <are not> licensed by
2-25 an occupational regulatory agency in the field of dietetics <health
2-26 care>;
2-27 (2) is <are not> employed by or participates <and do
3-1 not participate> in the management of a <an agency or> business
3-2 entity or other organization regulated by the board or receiving
3-3 funds from the board <that provides health-care services or that
3-4 sells, manufactures, or distributes health-care supplies or
3-5 equipment>; <and>
3-6 (3) owns or controls, directly or indirectly, <do not
3-7 own, control, or have a direct or indirect interest in> more than a
3-8 10 percent interest in <of> a business entity or other organization
3-9 regulated by the board or receiving funds from the board; or <that
3-10 provides health-care services or that sells, manufactures, or
3-11 distributes health-care supplies or equipment.>
3-12 (4) uses or receives a substantial amount of tangible
3-13 goods, services, or funds from the board, other than compensation
3-14 or reimbursement authorized by law for board membership,
3-15 attendance, or expenses.
3-16 (f) Appointments <It is the intent of the legislature that
3-17 the membership of the board reflect the historical and cultural
3-18 diversity of the inhabitants of this state; therefore,
3-19 appointments> to the board shall <should> be made without regard to
3-20 the <discrimination based on> race, color, disability <creed>, sex,
3-21 religion, age, or national origin<, or geographical distribution>
3-22 of the appointees.
3-23 (g) An officer, employee, or paid consultant of a Texas
3-24 trade association in the field of dietetics may not be a member or
3-25 employee of the board who is exempt from the state's position
3-26 classification plan or is compensated at or above the amount
3-27 prescribed by the General Appropriations Act for step 1, salary
4-1 group 17, of the position classification salary schedule <A member
4-2 or employee of the board may not be an officer, employee, or paid
4-3 consultant of a trade association in the field of health care>.
4-4 (h) A person who is the spouse of an officer, manager, or
4-5 paid consultant of a Texas trade association in the field of
4-6 dietetics may not be a board member and may not be an employee of
4-7 the board who is exempt from the state's position classification
4-8 plan or is compensated at or above the amount prescribed by the
4-9 General Appropriations Act for step 1, salary group 17, of the
4-10 position classification salary schedule.
4-11 (i) For the purposes of this section, a Texas trade
4-12 association is a nonprofit, cooperative, and voluntarily joined
4-13 association of business or professional competitors in this state
4-14 designed to assist its members and its industry or profession in
4-15 dealing with mutual business or professional problems and in
4-16 promoting their common interest.
4-17 (j) <(h)> A person may not serve as a member of the board or
4-18 act as general counsel to the board if the person <who> is required
4-19 to register as a lobbyist under Chapter 305, Government Code,
4-20 because of the person's activities for compensation on behalf of a
4-21 profession related to the operation of <in a health-related area
4-22 may not serve as a member of the board or act as the general
4-23 counsel to> the board.
4-24 SECTION 3. Section 4, Licensed Dietitian Act (Article 4512h,
4-25 Vernon's Texas Civil Statutes), is amended to read as follows:
4-26 Sec. 4. Grounds for Removal. (a) It is a ground for
4-27 removal from the board if a member:
5-1 (1) does not have at the time of appointment the
5-2 qualifications required for appointment to the board;
5-3 (2) does not maintain during service on the board the
5-4 qualifications required for appointment to the board; <or>
5-5 (3) violates a prohibition established by this Act;
5-6 (4) cannot discharge the member's duties for a
5-7 substantial part of the term for which the member is appointed
5-8 because of illness or disability; or
5-9 (5) is absent from more than half of the regularly
5-10 scheduled board meetings that the member is eligible to attend
5-11 during a calendar year unless the absence is excused by majority
5-12 vote of the board.
5-13 (b) The validity of an action of the board is not affected
5-14 by the fact that it is taken when <If> a ground for removal of a
5-15 member of <from> the board exists<, the board's actions taken
5-16 during the existence of the ground for removal are valid>.
5-17 (c) If the executive secretary has knowledge that a
5-18 potential ground for removal exists, the executive secretary shall
5-19 notify the chairman of the board of the ground. The chairman shall
5-20 then notify the governor that a potential ground for removal
5-21 exists.
5-22 SECTION 4. The Licensed Dietitian Act (Article 4512h,
5-23 Vernon's Texas Civil Statutes) is amended by adding Section 7A to
5-24 read as follows:
5-25 Sec. 7A. PUBLIC INTEREST INFORMATION. (a) The board shall
5-26 prepare information of public interest describing the functions of
5-27 the board and the board's procedures by which complaints are filed
6-1 with and resolved by the board. The board shall make the
6-2 information available to the public and appropriate state agencies.
6-3 (b) The board by rule shall establish methods by which
6-4 consumers and service recipients are notified of the name, mailing
6-5 address, and telephone number of the board for the purpose of
6-6 directing complaints to the board. The board may provide for that
6-7 notification:
6-8 (1) on each registration form, application, or written
6-9 contract for services of an individual or entity regulated by the
6-10 board;
6-11 (2) on a sign prominently displayed in the place of
6-12 business of each individual or entity regulated by the board; or
6-13 (3) in a bill for service provided by an individual or
6-14 entity regulated by the board.
6-15 (c) The board shall list along with its regular telephone
6-16 number the toll-free telephone number that may be called to present
6-17 a complaint about a health professional if the toll-free number is
6-18 established under other state law.
6-19 SECTION 5. The Licensed Dietitian Act (Article 4512h,
6-20 Vernon's Texas Civil Statutes) is amended by adding Section 7B to
6-21 read as follows:
6-22 Sec. 7B. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
6-23 executive secretary or the secretary's designee shall prepare and
6-24 maintain a written policy statement to assure implementation of a
6-25 program of equal employment opportunity under which all personnel
6-26 transactions are made without regard to race, color, disability,
6-27 sex, religion, age, or national origin. The policy statement must
7-1 include:
7-2 (1) personnel policies, including policies relating to
7-3 recruitment, evaluation, selection, application, training, and
7-4 promotion of personnel that are in compliance with the Commission
7-5 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
7-6 and its subsequent amendments;
7-7 (2) a comprehensive analysis of the board work force
7-8 that meets federal and state guidelines;
7-9 (3) procedures by which a determination can be made of
7-10 significant underutilization in the board work force of all persons
7-11 for whom federal or state guidelines encourage a more equitable
7-12 balance; and
7-13 (4) reasonable methods to appropriately address those
7-14 areas of underutilization.
7-15 (b) A policy statement prepared under Subsection (a) of this
7-16 section must cover an annual period, be updated annually, be
7-17 reviewed by the Commission on Human Rights for compliance with
7-18 Subsection (a)(1) of this section, and be filed with the governor's
7-19 office.
7-20 (c) The governor's office shall deliver a biennial report to
7-21 the legislature based on the information received under Subsection
7-22 (b) of this section. The report may be made separately or as part
7-23 of other biennial reports to the legislature.
7-24 SECTION 6. The Licensed Dietitian Act (Article 4512h,
7-25 Vernon's Texas Civil Statutes) is amended by adding Section 7C to
7-26 read as follows:
7-27 Sec. 7C. TRAINING; STANDARDS OF CONDUCT INFORMATION.
8-1 (a) Each board member shall comply with the board member training
8-2 requirements established by any other state agency that is given
8-3 authority to establish the requirements for the board.
8-4 (b) The board shall provide to its members and employees, as
8-5 often as necessary, information regarding their qualifications for
8-6 office or employment under this Act and their responsibilities
8-7 under applicable laws relating to standards of conduct for state
8-8 officers or employees.
8-9 SECTION 7. The Licensed Dietitian Act (Article 4512h,
8-10 Vernon's Texas Civil Statutes) is amended by adding Section 7D to
8-11 read as follows:
8-12 Sec. 7D. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
8-13 shall develop and implement policies that provide the public with a
8-14 reasonable opportunity to appear before the board and to speak on
8-15 any issue under the jurisdiction of the board.
8-16 SECTION 8. The Licensed Dietitian Act (Article 4512h,
8-17 Vernon's Texas Civil Statutes) is amended by adding Section 7E to
8-18 read as follows:
8-19 Sec. 7E. DIVISION OF RESPONSIBILITIES. The board shall
8-20 develop and implement policies that clearly define the respective
8-21 responsibilities of the board and the staff of the board.
8-22 SECTION 9. The Licensed Dietitian Act (Article 4512h,
8-23 Vernon's Texas Civil Statutes) is amended by adding Section 7F to
8-24 read as follows:
8-25 Sec. 7F. PROGRAM ACCESSIBILITY. The board shall prepare and
8-26 maintain a written plan that describes how a person who does not
8-27 speak English can be provided reasonable access to the board's
9-1 programs. The board shall also comply with federal and state laws
9-2 for program and facility accessibility.
9-3 SECTION 10. The Licensed Dietitian Act (Article 4512h,
9-4 Vernon's Texas Civil Statutes) is amended by adding Section 7G to
9-5 read as follows:
9-6 Sec. 7G. TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
9-7 (a) The board shall establish a training program for the members
9-8 of the board.
9-9 (b) Before a member of the board may assume the member's
9-10 duties and before the member may be confirmed by the senate, the
9-11 member must complete at least one course of the training program
9-12 established under this section.
9-13 (c) A training program established under this section shall
9-14 provide information to a participant regarding:
9-15 (1) the enabling legislation that created the board to
9-16 which the member is appointed;
9-17 (2) the programs operated by the board;
9-18 (3) the role and functions of the board;
9-19 (4) the rules of the board with an emphasis on the
9-20 rules that relate to disciplinary and investigatory authority;
9-21 (5) the current budget for the board;
9-22 (6) the results of the most recent formal audit of the
9-23 board;
9-24 (7) the requirements of the:
9-25 (A) open meetings law, Chapter 271, Acts of the
9-26 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
9-27 Texas Civil Statutes), and its subsequent amendments;
10-1 (B) open records law, Chapter 424, Acts of the
10-2 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
10-3 Texas Civil Statutes), and its subsequent amendments; and
10-4 (C) Administrative Procedure and Texas Register
10-5 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
10-6 subsequent amendments;
10-7 (8) the requirements of the conflict of interest laws
10-8 and other laws relating to public officials; and
10-9 (9) any applicable ethics policies adopted by the
10-10 board or the Texas Ethics Commission.
10-11 (d) In developing the training requirements provided for in
10-12 this section, the board shall consult with the governor's office,
10-13 the attorney general's office, and the Texas Ethics Commission.
10-14 (e) In the event that another state agency or entity is
10-15 given the authority to establish the training requirements, the
10-16 board shall allow that training in lieu of developing its own
10-17 program.
10-18 SECTION 11. Subsections (a) and (c), Section 8, Licensed
10-19 Dietitian Act (Article 4512h, Vernon's Texas Civil Statutes), are
10-20 amended to read as follows:
10-21 (a) After consultation with the commissioner or the
10-22 department, the board by rule shall set reasonable and necessary
10-23 <the> fees <imposed by this Act> in amounts that are adequate to
10-24 collect sufficient revenue to meet the expenses necessary to
10-25 administer this Act <without accumulating an unnecessary surplus in
10-26 the Licensed Dietitian Act fund created by this section>. The fee
10-27 amounts set by the board may be adjusted so that the total fees
11-1 collected are sufficient to cover the cost of administering this
11-2 Act. The board may not set a fee for an amount less than the
11-3 amount of that fee on September 1, 1993.
11-4 (c) The <Not later than January 1 each year, the> department
11-5 shall file annually with <make a written report to> the governor<,
11-6 lieutenant governor,> and presiding officer of each <speaker of
11-7 the> house of the legislature a complete and detailed written
11-8 report <representatives> accounting for all funds received and
11-9 disbursed by the board or the department for the administration of
11-10 this Act during the preceding fiscal year. The annual report must
11-11 be in the form and reported in the time provided by the General
11-12 Appropriations Act.
11-13 SECTION 12. Subsection (c), Section 9, Licensed Dietitian
11-14 Act (Article 4512h, Vernon's Texas Civil Statutes), is amended to
11-15 read as follows:
11-16 (c) To qualify for the licensing examination under this Act,
11-17 the applicant must:
11-18 (1) possess a baccalaureate or postbaccalaureate
11-19 degree with a major course of study in human nutrition, food and
11-20 nutrition, nutrition education, dietetics, or food systems
11-21 management or an equivalent major course of study approved by the
11-22 board; and
11-23 (2) have completed an internship or preplanned,
11-24 documented, professional experience program in dietetics practice
11-25 of not less than 900 hours under the supervision of a licensed
11-26 dietitian or a registered dietitian approved by the board.
11-27 SECTION 13. Section 10, Licensed Dietitian Act (Article
12-1 4512h, Vernon's Texas Civil Statutes), is amended by amending
12-2 Subsection (a) and adding Subsection (f) to read as follows:
12-3 (a) To qualify for a license under this Act, an applicant
12-4 must pass a competency examination. Examinations shall be prepared
12-5 or approved by the board and administered to qualified applicants
12-6 at least twice each calendar year. The board shall have the
12-7 written portion of the examination, if any, validated by an
12-8 independent testing professional.
12-9 (f) The board shall waive the examination requirement for an
12-10 applicant who, at the time of application, is registered as a
12-11 registered dietitian by the Commission on Dietetic Registration.
12-12 SECTION 14. Section 12, Licensed Dietitian Act (Article
12-13 4512h, Vernon's Texas Civil Statutes), is amended to read as
12-14 follows:
12-15 Sec. 12. LICENSE EXPIRATION; RENEWAL; INACTIVE STATUS.
12-16 (a) A license is valid for one year from the date it is issued and
12-17 may be renewed annually.
12-18 (b) The board of health by rule may adopt a system under
12-19 which licenses expire on various dates during the year. For the
12-20 year in which the license expiration date is changed, license fees
12-21 payable on the original expiration date shall be prorated on a
12-22 monthly basis so that each licensee shall pay only that portion of
12-23 the license fee that is allocable to the number of months during
12-24 which the license is valid. On renewal of the license on the new
12-25 expiration date, the total license renewal fee is payable.
12-26 (c) A person may renew an unexpired license by paying to the
12-27 board before the expiration date of the license the required
13-1 renewal fee <to the department before the expiration date of the
13-2 license>.
13-3 (d) If a person's license has been expired for <not more
13-4 than> 90 days or less, the person may renew the license by paying
13-5 to the board <department> the required renewal fee and a <penalty>
13-6 fee that is one-half of the examination <renewal> fee for the
13-7 license.
13-8 (e) If a person's license has been expired for longer <more>
13-9 than 90 days but less than one year <two years>, the person may
13-10 renew the license by paying to the board <department> all unpaid
13-11 renewal fees and a <penalty> fee that is equal to the renewal fee
13-12 for the license.
13-13 (f) If a person's license has been expired one year <two
13-14 years> or longer <more>, the person may not renew the license. The
13-15 person may obtain a new license by <submitting to reexamination
13-16 and> complying with the current requirements and procedures for
13-17 obtaining an original <a> license. However, the board may renew
13-18 without reexamination an expired license of a person who was
13-19 licensed in this state, moved to another state, and is currently
13-20 licensed and has been in practice in the other state for the two
13-21 years preceding application. The person must pay to the board a
13-22 fee that is equal to the examination fee for the license.
13-23 (g) At <The department shall notify each licensee in writing
13-24 of the license expiration date at> least 30 days before the
13-25 expiration of a person's license, the board shall send written
13-26 notice of the impending license expiration to the person at the
13-27 licensee's last known address according to the records of the board
14-1 <that date and shall obtain from the licensee a signed receipt
14-2 confirming receipt of notification>.
14-3 (h) The board by rule may provide for a person who holds a
14-4 license under this Act to be placed on inactive status. Rules
14-5 adopted under this section shall include a time limit for a
14-6 licensee to remain on inactive status.
14-7 SECTION 15. The Licensed Dietitian Act (Article 4512h,
14-8 Vernon's Texas Civil Statutes) is amended by adding Section 12A to
14-9 read as follows:
14-10 Sec. 12A. CONTINUING EDUCATION. (a) The board by rule
14-11 shall establish a minimum number of hours of continuing education
14-12 required to renew a license under this Act. The board may assess
14-13 the continuing education needs of licensees and may require
14-14 licensees to attend continuing education courses specified by the
14-15 board. The board shall develop a process to evaluate and approve
14-16 continuing education courses.
14-17 (b) The board shall identify the key factors for the
14-18 competent performance by a licensee of the licensee's professional
14-19 duties. The board shall adopt a procedure to assess a licensee's
14-20 participation in continuing education programs.
14-21 SECTION 16. Subsection (d), Section 13, Licensed Dietitian
14-22 Act (Article 4512h, Vernon's Texas Civil Statutes), is amended to
14-23 read as follows:
14-24 (d) A provisional license is valid for one year from the
14-25 date it is issued and may be renewed annually not more than twice
14-26 by the same procedures established for renewal under Section 12 of
14-27 this Act if the application for renewal is signed by the
15-1 supervising licensed dietitian.
15-2 SECTION 17. Section 14, Licensed Dietitian Act (Article
15-3 4512h, Vernon's Texas Civil Statutes), is amended to read as
15-4 follows:
15-5 Sec. 14. TEMPORARY LICENSE <RECIPROCITY>. (a) On receipt
15-6 of an application and application fee, the board may grant a
15-7 temporary license to <shall waive the examination requirement for>
15-8 an applicant who<, at the time of application>:
15-9 (1) is licensed in good standing as a dietitian in
15-10 another state, the District of Columbia, or a territory of the
15-11 United States that has licensing requirements that are
15-12 substantially equivalent to the requirements of this Act;
15-13 <registered by the Commission on Dietetic Registration as a
15-14 registered dietitian; or>
15-15 (2) has passed a national or other examination
15-16 recognized by the board relating to dietetics; and
15-17 (3) is sponsored by a person licensed by the board
15-18 under this Act with whom the temporary licensee may practice under
15-19 this section <holds a valid license or certificate as a licensed or
15-20 registered dietitian issued by another state with which this state
15-21 has a reciprocity agreement>.
15-22 (b) An applicant for a temporary license may be excused from
15-23 the requirement of Subsection (a)(3) of this section if the board
15-24 determines that compliance with that subsection constitutes a
15-25 hardship to the applicant.
15-26 (c) A temporary license is valid until the date the board
15-27 approves or denies the temporary licensee's application for a
16-1 license. The board shall issue a license under this Act to the
16-2 holder of a temporary license under this section if:
16-3 (1) the temporary licensee passes the examination
16-4 required by Section 10 of this Act;
16-5 (2) the board verifies that the temporary licensee has
16-6 the academic and experience requirements for a license under this
16-7 Act; and
16-8 (3) the temporary licensee satisfies any other license
16-9 requirements under this Act.
16-10 (d) The board must complete the processing of a temporary
16-11 licensee's application for a license not later than the 180th day
16-12 after the date the temporary license is issued. The board may
16-13 extend this deadline to receive pending examination results.
16-14 SECTION 18. Section 16, Licensed Dietitian Act (Article
16-15 4512h, Vernon's Texas Civil Statutes), is amended to read as
16-16 follows:
16-17 Sec. 16. Complaint File and Status. (a) The board
16-18 <department> shall keep an information file about each complaint
16-19 filed with the board <related to a licensee>.
16-20 (b) If a written complaint is filed with the board that the
16-21 board or department has authority to resolve <relating to a
16-22 licensee>, the board <department>, at least as frequently as
16-23 quarterly and until final disposition of the complaint, shall
16-24 notify the parties to the complaint of the status of the complaint
16-25 unless the notice would jeopardize an undercover investigation
16-26 <until final disposition of the complaint>.
16-27 SECTION 19. The Licensed Dietitian Act (Article 4512h,
17-1 Vernon's Texas Civil Statutes) is amended by adding Section 16A to
17-2 read as follows:
17-3 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board's
17-4 information file shall be kept current and contain a record for
17-5 each complaint of:
17-6 (1) all persons contacted in relation to the
17-7 complaint;
17-8 (2) a summary of findings made at each step of the
17-9 complaint process;
17-10 (3) an explanation of the legal basis and reason for a
17-11 complaint that is dismissed; and
17-12 (4) other relevant information.
17-13 (b) The board by rule shall adopt a form to standardize
17-14 information concerning complaints made to the board. The board by
17-15 rule shall prescribe information to be provided to a person when
17-16 the person files a complaint with the board.
17-17 (c) The board shall provide reasonable assistance to a
17-18 person who wishes to file a complaint with the board.
17-19 SECTION 20. The Licensed Dietitian Act (Article 4512h,
17-20 Vernon's Texas Civil Statutes) is amended by adding Section 16B to
17-21 read as follows:
17-22 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
17-23 board shall adopt rules concerning the investigation of a complaint
17-24 filed with the board. The rules adopted under this subsection
17-25 shall:
17-26 (1) distinguish between categories of complaints;
17-27 (2) ensure that complaints are not dismissed without
18-1 appropriate consideration;
18-2 (3) require that the board be advised of a complaint
18-3 that is dismissed and that a letter be sent to the person who filed
18-4 the complaint explaining the action taken on the dismissed
18-5 complaint;
18-6 (4) ensure that the person who filed the complaint has
18-7 an opportunity to explain the allegations made in the complaint;
18-8 and
18-9 (5) prescribe guidelines concerning the categories of
18-10 complaints that require the use of a private investigator and the
18-11 procedures for the board to obtain the services of a private
18-12 investigator.
18-13 (b) The board shall dispose of all complaints in a timely
18-14 manner. The board shall establish a schedule for conducting each
18-15 phase of a complaint that is under the control of the board not
18-16 later than the 30th day after the date the complaint is received by
18-17 the board. The schedule shall be kept in the information file for
18-18 the complaint and all parties shall be notified of the projected
18-19 time requirements for pursuing the complaint. A change in the
18-20 schedule must be noted in the complaint information file and all
18-21 parties to the complaint must be notified not later than the
18-22 seventh day after the date the change is made.
18-23 (c) The executive secretary of the board shall notify the
18-24 board of a complaint that extends beyond the time prescribed by the
18-25 board for resolving the complaint so that the board may take
18-26 necessary action on the complaint.
18-27 SECTION 21. The Licensed Dietitian Act (Article 4512h,
19-1 Vernon's Texas Civil Statutes) is amended by adding Section 16C to
19-2 read as follows:
19-3 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board by rule
19-4 shall adopt procedures governing:
19-5 (1) informal disposition of a contested case under
19-6 Section 13(e), Administrative Procedure and Texas Register Act
19-7 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
19-8 subsequent amendments; and
19-9 (2) informal proceedings held in compliance with
19-10 Section 18(c), Administrative Procedure and Texas Register Act
19-11 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
19-12 subsequent amendments.
19-13 (b) Rules adopted under this section must provide the
19-14 complainant and the licensee an opportunity to be heard and must
19-15 require the presence of a representative of the office of the
19-16 attorney general or the board's legal counsel to advise the board
19-17 or board's employees.
19-18 SECTION 22. The Licensed Dietitian Act (Article 4512h,
19-19 Vernon's Texas Civil Statutes) is amended by adding Section 16D to
19-20 read as follows:
19-21 Sec. 16D. MONITORING OF LICENSEE. The board by rule shall
19-22 develop a system for monitoring a licensee's compliance with the
19-23 requirements of this Act. Rules adopted under this section shall
19-24 include procedures for monitoring a licensee who is ordered by the
19-25 board to perform certain acts to ascertain that the licensee
19-26 performs the required acts and to identify and monitor licensees
19-27 who represent a risk to the public.
20-1 SECTION 23. Section 17, Licensed Dietitian Act (Article
20-2 4512h, Vernon's Texas Civil Statutes), is amended by amending
20-3 Subsection (a) and adding Subsections (e) and (f) to read as
20-4 follows:
20-5 (a) The board shall revoke or suspend a license, place on
20-6 probation a person whose <probate a> license has been suspended
20-7 <suspension>, or reprimand a licensee for <on proof of>:
20-8 (1) any violation of this Act; or
20-9 (2) any violation of a rule or code of ethics adopted
20-10 by the board.
20-11 (e) If a license suspension is probated, the board may
20-12 require the licensee to:
20-13 (1) report regularly to the board on matters that are
20-14 the basis of the probation;
20-15 (2) limit practice to the areas prescribed by the
20-16 board; or
20-17 (3) continue or review continuing professional
20-18 education until the licensee attains a degree of skill satisfactory
20-19 to the board in those areas that are the basis of the probation.
20-20 (f) The schedule of sanctions adopted by the board by rule
20-21 shall be used by the State Office of Administrative Hearings for
20-22 any sanction imposed as the result of a hearing conducted by that
20-23 office.
20-24 SECTION 24. The Licensed Dietitian Act (Article 4512h,
20-25 Vernon's Texas Civil Statutes) is amended by adding Section 18A to
20-26 read as follows:
20-27 Sec. 18A. OFFICIAL SEAL. (a) The board by rule may require
21-1 that each licensee obtain an authorized seal of the design
21-2 authorized by the board, bearing the licensee's name and the legend
21-3 "Licensed Dietitian."
21-4 (b) The board by rule may require that formal documentation
21-5 of nutrition services provided by a licensed dietitian, as
21-6 determined necessary and appropriate by the board, must include the
21-7 licensee's seal affixed to the document.
21-8 (c) If the board exercises the authority granted by this
21-9 section, the rules adopted by the board shall authorize a licensed
21-10 dietitian providing services in a facility licensed under the
21-11 Health and Safety Code or on behalf of an agency of local, state,
21-12 or federal government, or in such other circumstances as the board
21-13 determines reasonable and necessary, to maintain a facsimile of the
21-14 seal of the licensee on file in such facility or with such agency
21-15 in satisfaction of the requirements of Subsection (b) of this
21-16 section. The facsimile of the seal of the licensee shall be
21-17 maintained on file at all times during which the licensee provides
21-18 such services.
21-19 (d) It shall be unlawful for any person to affix a seal on
21-20 any document if the license of the licensee named thereon has
21-21 expired or has been suspended or revoked, unless such license shall
21-22 have been renewed or reissued.
21-23 (e) A violation of this section or the rules adopted by the
21-24 board pursuant to this section shall subject a licensee to
21-25 disciplinary action by the board in accordance with this chapter.
21-26 (f) Use of a seal authorized by the board by a person not
21-27 licensed under this Act is a prohibited act under Section 15 of
22-1 this Act and may be punished accordingly.
22-2 SECTION 25. Section 19, Licensed Dietitian Act (Article
22-3 4512h, Vernon's Texas Civil Statutes), is amended to read as
22-4 follows:
22-5 Sec. 19. SUNSET PROVISION. The Texas State Board of
22-6 Examiners of Dietitians is subject to Chapter 325, Government Code
22-7 (Texas Sunset Act). Unless continued in existence as provided by
22-8 that chapter, the board is abolished September 1, 2005 <1993>.
22-9 SECTION 26. This Act takes effect September 1, 1993.
22-10 SECTION 27. The importance of this legislation and the
22-11 crowded condition of the calendars in both houses create an
22-12 emergency and an imperative public necessity that the
22-13 constitutional rule requiring bills to be read on three several
22-14 days in each house be suspended, and this rule is hereby suspended.