AN ACT
1-1 relating to the practice of dietetics.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 2, Licensed Dietitian Act (Article 4512h,
1-4 Vernon's Texas Civil Statutes), is amended by amending Subdivision
1-5 (10) and adding Subdivision (13) to read as follows:
1-6 (10) "Nutrition services" means:
1-7 (A) assessing the nutritional needs of
1-8 individuals and groups and determining resources and constraints in
1-9 the practice;
1-10 (B) establishing priorities, goals, and
1-11 objectives that meet nutritional needs and are consistent with
1-12 available resources and constraints;
1-13 (C) providing nutrition counseling in health and
1-14 disease;
1-15 (D) developing, implementing, and managing
1-16 nutritional care systems; [or]
1-17 (E) evaluating, making changes in, and
1-18 maintaining appropriate standards of quality in food and
1-19 nutritional care services; or
1-20 (F) providing medical nutrition therapy or a
1-21 component of medical nutrition therapy.
1-22 (13) "Medical nutrition therapy" means nutrition
1-23 assessment, therapy, and counseling services furnished by a
1-24 licensed dietitian.
2-1 SECTION 2. Section 6, Licensed Dietitian Act (Article 4512h,
2-2 Vernon's Texas Civil Statutes), is amended by adding Subsection (d)
2-3 to read as follows:
2-4 (d) The board may adopt procedures and standards necessary
2-5 to determine the qualifications of a person licensed under this Act
2-6 to provide nutrition services under a law administered by another
2-7 state agency. Notwithstanding any other law or rule, the board is
2-8 the only state agency authorized to determine the qualifications of
2-9 a person licensed under this Act to provide those services. This
2-10 subsection does not limit the authority of a person licensed to
2-11 practice medicine to make a delegation authorized under Section
2-12 3.06(d), Medical Practice Act (Article 4495b, Vernon's Texas Civil
2-13 Statutes).
2-14 SECTION 3. Section 15, Licensed Dietitian Act (Article
2-15 4512h, Vernon's Texas Civil Statutes), is amended by amending
2-16 Subsection (c) and adding Subsection (d) to read as follows:
2-17 (c) Unless the person is licensed under this Act, a person
2-18 may not for compensation provide nutrition services or hold that
2-19 person out as authorized by law to provide nutrition services.
2-20 (d) A person commits an offense if the person knowingly or
2-21 intentionally violates Subsection (a), [or] (b), or (c) of this
2-22 section. An offense under this section is a Class B misdemeanor.
2-23 SECTION 4. The Licensed Dietitian Act (Article 4512h,
2-24 Vernon's Texas Civil Statutes) is amended by adding Section 15A to
2-25 read as follows:
2-26 Sec. 15A. CONSTRUCTION OF ACT. (a) In this section,
3-1 "giving advice concerning nutrition" or "providing nutritional
3-2 advice" means giving information on the use and role of food and
3-3 food ingredients, including dietary supplements.
3-4 (b) Subject to Section 15 of this Act, a person who gives
3-5 advice concerning nutrition or provides nutritional advice, without
3-6 receiving compensation for the advice, is not required to be
3-7 licensed under this Act.
3-8 (c) This section does not grant a person authority to:
3-9 (1) practice medicine or dietetics;
3-10 (2) prevent, treat, or cure a disease, pain, injury,
3-11 deformity, or physical or mental condition; or
3-12 (3) represent that any product might cure a disease,
3-13 disorder, or condition.
3-14 SECTION 5. The Licensed Dietitian Act (Article 4512h,
3-15 Vernon's Texas Civil Statutes) is amended by adding Section 15B to
3-16 read as follows:
3-17 Sec. 15B. NUTRITION SERVICES EXEMPTIONS. This Act does not
3-18 apply to the provision of nutrition services by:
3-19 (1) other licensed health care professionals,
3-20 including physicians, dentists, chiropractors, registered nurses,
3-21 and licensed vocational nurses, if the activities are permitted by
3-22 the law under which the professional is licensed and the licensed
3-23 professional does not represent that the professional is a licensed
3-24 dietitian;
3-25 (2) a student, intern, or provisional licensed
3-26 dietitian who is enrolled in training or in a course of study at a
4-1 regionally accredited institution of higher education and who is
4-2 under the supervision and direction of a licensed dietitian while
4-3 engaged in activity related to the training or course of study;
4-4 (3) a dietetic technician or dietary manager while
4-5 practicing under the supervision of a licensed dietitian;
4-6 (4) a person employed as a dietitian or nutritionist
4-7 by a governmental agency or regionally accredited institution of
4-8 higher education while the person is performing duties within the
4-9 scope of the person's employment; or
4-10 (5) a person performing voluntary activities or who is
4-11 acting within the scope of the person's employment by a
4-12 charitable, nonprofit organization if the person does not represent
4-13 that the person is a licensed dietitian or authorized by law to
4-14 provide nutrition services.
4-15 SECTION 6. This Act takes effect September 1, 1999.
4-16 SECTION 7. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 1525
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1525 passed the Senate on
April 28, 1999, by a viva-voce vote; May 25, 1999, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 26, 1999, House granted request of the
Senate; May 30, 1999, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1525 passed the House, with
amendments, on May 22, 1999, by a non-record vote; May 26, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 29, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor