SRC-MKV C.S.S.B. 1269 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1269
77R11406 PB-FBy: Sibley
Health & Human Services
5/4/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, clinical nutritionists are not registered, licensed, or
regulated in Texas.  Because the practices of clinical nutritionists affect
public health and safety and welfare, it is in the public interest to have
qualified individuals in this profession.  C.S.S.B. 1269 establishes state
regulation of clinical nutritionists and provides standards for
qualifications, training, and experience for licensure as a clinical
nutritionist. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Examiners of Clinical Nutritionists in SECTION 1 (Sections 703.152,
703.154, 703.156, 703.202, 703.204, 703.252, 703.253, 703.261, 703.302,
703.305, 703.404, and 703.406, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 3M, Occupations Code, by adding Chapter 703, as
follows: 

CHAPTER 703.  LICENSED CLINICAL NUTRITIONISTS

SUBCHAPTER A.  GENERAL PROVISIONS
 
Sec. 703.001.  SHORT TITLE.  Provides that this chapter may be cited as the
Licensed Clinical Nutritionist Act. 
 
Sec. 703.002.  DEFINITIONS.  Defines "board of health," "clinical
nutrition," "clinical nutrition practice," "clinical nutritionist,"
"commissioner," "department," "institution of higher education," "medical
nutrition therapy," "nutritional assessment," "nutritional counseling,"
"nutritional supplements," "nutritionists board," "provisionally licensed
clinical nutritionist," and "supervision." 

Sec. 703.003.  CLINICAL NUTRITION PRACTICE. (a)  Provides that clinical
nutrition is a specialization in the science of nutrition that requires an
understanding of nutrition biochemistry that enables the practitioner to
competently assess and evaluate signs of nutritional deficiency or
imbalance, through the use or disuse of specific foods, vitamins, minerals,
herbs, amino acids, trace elements, glandulars, or other substances as
necessary to maintain optimal health. 
 
(b)   Authorizes clinical nutrition to be practiced through a
client-counselor relationship and requires knowledge of certain specified
areas. 
  
(c)  Provides that engaging in practice as a clinical nutritionist as
described by this chapter does not constitute the practice of medicine as
defined by state law. 
 
Sec. 703.004.  SUNSET PROVISION.  Provides that the Texas State Board of
Examiners of Clinical Nutritionists is subject to Chapter 325, Government
Code (Texas Sunset Act). Provides that unless continued in existence as
provided by that chapter, the nutritionists board is abolished and this
chapter expires September 1, 2005. 
 
SUBCHAPTER B.  BOARD OF EXAMINERS OF CLINICAL NUTRITIONISTS
 
Sec. 703.051.  BOARD; MEMBERSHIP. (a)  Provides that the Texas State Board
of Examiners of Clinical Nutritionists (board) consists of nine members
appointed by the governor with the advice and consent of the senate.  Sets
forth the composition of the board. 
 
(b) Provides that associate clinical nutritionists are not eligible for
appointment to the nutritionists board. 
  
(c)  Requires appointments to the nutritionists board to be made without
regard to the race, color, disability, sex, religion, age, or national
origin of the appointee. 
 
(d)  Provides that the professional discipline of clinical nutrition
includes six primary areas of expertise:  clinical, educational, research,
management, consultation, and community service.  Requires the governor, in
appointing health care practitioners to the nutritionists board, to
consider the broad spectrum of health care practitioners who practice
clinical nutrition in those areas of expertise and attempt to achieve a
continuing balance of representation among those practitioners.  Provides
that health care practitioners eligible for appointment under Subsection
(a)(2) include physicians, chiropractors, dentists, pharmacists, registered
nurses, and any other health care practitioners licensed by this state
whose primary practices are other than as clinical nutritionists.  Requires
the appointee to have at least two years of experience in clinical
nutrition practice, clinical nutrition education, or clinical nutrition
research to be eligible for appointment under Subsection (a)(2). 

Sec. 703.052.  ELIGIBILITY OF PUBLIC MEMBERS.  Provides that a person is
not eligible for appointment as a public member of the nutritionists board
if the person or the person's spouse meets certain requirements. 
  
Sec. 703.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)  Defines "Texas
trade association." 
 
(b)  Prohibits an officer, employee, or paid consultant of a Texas trade
association in the field of clinical nutrition from being a nutritionists
board member and from being an employee of the nutritionists board  who is
exempt from the state's position classification plan or is compensated at
or above the amount prescribed by the General Appropriations Act for step
1,  salary group A17, of the position classification salary schedule. 
 
(c)  Prohibits a person who is the spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of clinical nutrition
from being  a  nutritionists board member and from being an employee of the
nutritionists board  who is exempt from the state's position classification
plan or is compensated at or above the amount prescribed by the General
Appropriations Act for step 1,  salary group A17, of the position
classification salary schedule. 
 
(d) Prohibits a person from serving as a member of the nutritionists board
or acting as the general counsel to the nutritionists board if the person
is required to register as a lobbyist under Chapter 305 (Registration of
Lobbyists), Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of the
nutritionists board. 
 
Sec. 703.054.  TERMS.  Provides that members of the nutritionists board
serve staggered six-year terms, with three members' terms expiring on
February 1 of each odd-numbered year. 
  
Sec. 703.055.  GROUNDS FOR REMOVAL FROM NUTRITIONISTS BOARD. (a) Provides
grounds for removal from the nutritionists board. 
 
(b)  Provides that the validity of an action of the nutritionists board is
not affected by the fact that it is taken when a ground for removal of a
nutritionists board member exists. 
 
(c)  Requires the executive director, if the executive director has
knowledge that a potential ground for removal exists, to notify the
presiding officer of the nutritionists board of the potential ground.
Requires the presiding officer to then notify the governor that a potential
ground for removal exists. 
 
Sec. 703.056.  PER DIEM; REIMBURSEMENT. (a)  Entitles each member of the
nutritionists board to receive a per diem at the rate set by the
legislature for state employees in the General Appropriations Act for each
day the member engages in the business of the nutritionists board. 
 
(b)  Entitles a member to reimbursement for transportation expenses as
provided by the General Appropriations Act. 
 
Sec. 703.057.  OFFICERS.  (a) Requires the governor to designate one member
of the nutritionists board to serve as presiding officer.  Provides that
the presiding officer serves at the will of the governor. 

(b) Requires the nutritionists board to elect other officers from its
membership at the first regular nutritionists board meeting each year. 
 
Sec. 703.058.  MEETINGS.  Requires the nutritionists board to hold at least
two regular meetings each year as provided by rules adopted by the
nutritionists board. 
 
Sec. 703.059.  TRAINING. (a)  Requires a nutritionists board member to
complete at least one course of a training program established by the
nutritionists board under this section, before the member may assume the
member's duties and before the member may be confirmed by the senate. 
 
(b)  Requires the training program established by the nutritionists board
to provide information to a participant regarding certain requirements and
procedures. 
   
(c)  Requires the nutritionists board, in developing the training program,
to consult with the governor's office, the attorney general's office, and
the Texas Ethics Commission. 
 
(d)  Requires the nutritionists board, if another state agency is given the
authority to establish the training requirements, to use that training
rather than develop its own program. 

SUBCHAPTER C.  EXECUTIVE DIRECTOR AND PERSONNEL
 
Sec. 703.101.  EXECUTIVE DIRECTOR.  Requires the commissioner of health,
with the advice and consent of the nutritionists board, to appoint an
executive director for the nutritionists board.  Requires the executive
director to be an employee of the department. 
 
Sec. 703.102.  EXECUTIVE DIRECTOR POWERS AND DUTIES. Requires the executive
director, in addition to other duties prescribed by this chapter and by the
department, to perform certain other duties. 
  
 Sec. 703.103.  PERSONNEL AND FACILITIES. (a)  Requires the department to
provide the basic personnel and facilities required to administer this
chapter.  Provides that the department personnel administering this chapter
act as agents of the nutritionists board. 
 
(b)  Authorizes the department by agreement to secure services as it
considers necessary to administer this chapter, and provide compensation
for those services. 
 
(c)  Authorizes the department to employ, on a full-time or part-time
basis, the professional consultants, technical assistants, and employees
necessary to administer this chapter. 
 
Sec. 703.104. DIVISION OF RESPONSIBILITIES.  Requires the nutritionists
board to develop and implement policies that clearly define the respective
responsibilities of the nutritionists board and the staff of the
nutritionists board. 
 
Sec. 703.105.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.
Requires the nutritionists board to provide, as often as necessary, to its
members and employees information regarding their qualifications for office
or employment under this chapter and responsibilities under applicable laws
relating to standards of conduct for state officers or employees. 
 
Sec. 703.106.  EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) Requires
the executive director or the executive director's designee to prepare and
maintain a written policy statement to ensure implementation of an equal
employment opportunity program under which all personnel decisions are made
without regard to race, color, disability, sex, religion, age, or national
origin.  Requires the policy statement to include certain information. 
  
(b)  Requires a policy statement prepared under Subsection (a) to meet
certain requirements. 
  
(c)  Requires the governor to deliver a biennial report to the legislature
based on the information received under Subsection (b).  Authorizes the
report to be made separately or as part of other biennial reports to the
legislature. 
 
Sec. 703.107.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) Requires
the executive director or the executive director's designee to develop an
intra-agency career ladder program.  Requires the program to require
intra-agency posting of all nonentry level positions concurrently with any
public posting. 
 
(b)  Requires the executive director or the executive director's designee
to develop a system of annual performance evaluations based on measurable
job tasks.  Requires all merit pay for nutritionists board employees to be
based on the system established under this subsection. 

SUBCHAPTER D.  POWERS AND DUTIES
 
Sec. 703.151.  GENERAL POWERS AND DUTIES OF NUTRITIONISTS BOARD. Requires
the nutritionists board to perform certain duties. 
  
Sec. 703.152.  GENERAL RULEMAKING AUTHORITY. (a)  Authorizes the
nutritionists board to adopt rules as necessary to implement this chapter. 
 
(b)  Requires the nutritionists board, in adopting rules, to consider the
rules and procedures of the board of health and the department and to adopt
procedural rules consistent with similar rules and procedures of those
entities. 
  
Sec. 703.153.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a)
Prohibits the nutritionists board from adopting a rule restricting
advertising or competitive bidding by a person regulated by the
nutritionists board except to prohibit a false, misleading, or deceptive
practice. 
 
(b) Prohibits the nutritionists board from including in rules to prohibit
false, misleading, or deceptive practices by a person regulated by the
nutritionists board a rule that restricts the person's use of any medium
for advertising, restricts the person's personal appearance or use of the
person's voice in an advertisement, relates to the size or duration of an
advertisement by the person, or restricts the use of a trade name in
advertising by the person. 
 
Sec. 703.154.  FEES.  Requires the nutritionists board by rule to set  fees
in amounts reasonable and necessary to cover the cost of administering this
chapter. 
 
Sec. 703.155.  FUNDS. Requires the department to receive and account for
money received under this chapter. 
 
Sec. 703.156.  SEAL. (a)  Authorizes the nutritionists board by rule to
require a license holder to obtain a seal authorized by the nutritionists
board, bearing the license holder's name and the legend "Licensed Clinical
Nutritionist," and affix the seal to formal documentation of nutrition
services provided by a license holder. 
 
(b)  Requires that if the nutritionists board adopts rules under Subsection
(a), the rules require a license holder to comply with Subsection (a)(2) by
maintaining a facsimile of the license holder's seal on file at the
location where services are provided under certain conditions. 
 
Sec. 703.157.  POWERS AND DUTIES OF BOARD OF HEALTH.  Requires the board of
health to carry out certain duties, to implement this chapter. 

SUBCHAPTER E.  PUBLIC INTEREST INFORMATION
AND COMPLAINT PROCEDURES
 
Sec. 703.201.  PUBLIC INTEREST INFORMATION. (a)  Requires the nutritionists
board to prepare information of public interest describing the functions of
the nutritionists board and the nutritionists board's procedures by which
complaints are filed with and resolved by the nutritionists board. 
 
(b)  Requires the nutritionists board to make the information available to
the public and appropriate state agencies. 
 
Sec. 703.202.  COMPLAINTS. (a)  Requires the nutritionists board by rule to
establish methods by which consumers and service recipients are notified of
the name, mailing address, and telephone number of the nutritionists board
for the purpose of directing complaints to the nutritionists board.
Authorizes the nutritionists board to provide for that notification in
certain forms. 
  
(b)  Requires the nutritionists board to list along with its regular
telephone number any toll-free telephone number established under state law
that may be called to present a complaint about a health professional. 
 
Sec. 703.203.  RECORDS OF COMPLAINTS. (a)  Requires the nutritionists board
to keep an information file on each complaint filed with the nutritionists
board.  Requires the file to  include certain information. 
  
(b)  Requires the nutritionists board to provide to the person filing the
complaint and to each person who is a subject of the complaint a copy of
the nutritionists board's policies and procedures relating to complaint
investigation and resolution. 
 
(c)  Requires the nutritionists board, at least quarterly until final
disposition of the complaint, to notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
complaint unless the notice would jeopardize an undercover investigation. 
 
(d)  Requires the nutritionists board to review a complaint regarding
certain issues. 
 
Sec. 703.204.  GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND
DISPOSITION. (a)  Requires the nutritionists board to adopt rules
concerning the investigation of a complaint filed with the nutritionists
board.  Requires the rules adopted under this subsection to meet certain
standards. 
  
(b)  Requires the nutritionists board to carry out certain duties relating
to complaints received. 
 
(c)  Requires each party to the complaint to be notified of the projected
time requirements for pursuing the complaint.  Requires each party to be
notified of any change in the schedule established under Subsection (b)(2)
not later than the seventh day after the date the change is made. 
 
(d)  Requires the executive director to notify the nutritionists board of a
complaint that is not resolved in the time prescribed by the nutritionists
board for resolving the complaint so that the nutritionists board may take
necessary action on the complaint. 
 
Sec. 703.205.  PUBLIC PARTICIPATION. (a)  Requires the nutritionists board
to develop and implement policies that provide the public with a reasonable
opportunity to appear before the nutritionists board and to speak on any
issue under the jurisdiction of the nutritionists board. 
 
(b)  Requires the nutritionists board to prepare and maintain a written
plan that describes how a person who does not speak English can be provided
reasonable access to the nutritionists board's programs. 

SUBCHAPTER F.  LICENSE REQUIREMENTS
 
Sec. 703.251.  LICENSE REQUIRED; EXEMPTIONS. (a)  Prohibits a person from
using the title of or advertising services as a clinical nutritionist or
associate clinical nutritionist unless the person holds a license issued
under this chapter, except as provided by Subsection (b). 
 
(b)  Provides that this chapter does not prohibit a person from providing
free oral nutritional information as an operator or employee of a health
food store or business that sells health products, including dietary
supplements, foods, or food materials, or disseminating written nutrition
information in connection with the distribution of those products.
Provides that this chapter does not prohibit or limit any person from
conducting a class or seminar or from giving a speech related to nutrition.
Provides that this chapter does not apply to a health care practitioner
licensed under another law, including a physician, dentist, chiropractor,
pharmacist, registered nurse, or licensed vocational nurse who provides
nutritional services under certain conditions. 
 
Sec. 703.252.  LICENSE APPLICATION. (a)  Requires each applicant for a
clinical  nutritionist license to submit a sworn application, accompanied
by the refundable application fee.  Requires the applicant to specify the
category of license for which the person is applying. 
 
(b)  Requires the nutritionists board to prescribe the application form and
authorizes the board to by rule establish dates by which applications and
fees must be received. Requires the rules to be consistent with present
rules of the department related to application dates of other licenses. 
 
(c)  Requires each license application to be accompanied by proof of
liability insurance coverage issued by an insurer authorized by the Texas
Department of Insurance to engage in the business of liability insurance in
this state and in amounts prescribed by the nutritionists board as
appropriate for the category of license for which the person is applying. 
 
Sec. 703.253.  EXAMINATION. (a)  Requires an applicant, except as provided
by Subsection (c), to pass a competency examination to qualify for a
license under this chapter. 
 
(b)  Authorizes the nutritionists board by rule to adopt an examination
given by an approved scientific nutritionists board of clinical
nutritionist experts, instead of an examination prepared by the
nutritionists board. 
 
(c)  Authorizes the nutritionists board to waive the examination
requirement for an applicant who, at the time of application, is registered
as a registered clinical nutritionist by the Commission on Clinical
Nutritionist Registration or another professional organization recognized
by the nutritionists board. 
 
Sec. 703.254.  QUALIFICATIONS FOR EXAMINATION.  (a) Requires an applicant
to meet certain requirements to qualify for the licensed clinical
nutritionist examination under this chapter. 

(b) Requires an applicant to meet certain requirements to qualify for the
licensed associate clinical nutritionist examination under this chapter. 

(c) Provides that a licensed physician, dentist, chiropractor, pharmacist,
or registered nurse is exempt from the requirements of Subsection (a). 
  
Sec. 703.255.  INVESTIGATION. (a)  Requires the department to notify an
applicant in writing of the receipt and investigation of the applicant's
application and any other relevant evidence relating to applicant
qualifications established by the nutritionists board rule not later than
the 45th day after the date a properly submitted and timely application is
received and not later than the 30th day before the next examination date. 
 
(b)  Requires the notice to state whether the applicant has qualified for
examination based on the application and other submitted evidence.
Requires the notice to state the reasons for the applicant's failure to
qualify, f the applicant has not qualified. 
 
Sec. 703.256.  EXAMINATION RESULTS. (a)  Requires the nutritionists board
to notify each examinee of the results of the examination not later than
the 30th day after the date the examination is administered. 
 
(b)  Sets forth provisions governing a examination graded or reviewed by a
testing service 
  
(c)  Authorizes the nutritionists board to require a testing service to
notify a person of the results of the person's examination. 
  
(d)  Requires the nutritionists board, if requested in writing by a person
who fails the examination, to furnish the person with an analysis of the
person's performance on the examination. 
 
Sec. 703.257.  REEXAMINATION.  Requires an applicant who fails the
examination three times to provide evidence to the nutritionists board that
the applicant has successfully completed credit hours in the applicant's
areas of weakness before the applicant may apply for reexamination. 
 
Sec. 703.258.  QUALIFIED PERSON ENTITLED TO LICENSE.  Requires the
nutritionists board to issue the appropriate clinical nutritionist license
under this chapter to a person who meets the qualifications for the
license.  Requires the license to specify on its face the category under
which the person is licensed. 
 
Sec. 703.259.  PROVISIONAL LICENSE. (a)  Authorizes the nutritionists board
to issue a license to use the title "provisionally licensed clinical
nutritionist" to an applicant who files an application, pays an application
fee, and submits evidence of  successful completion of the educational
requirements under Section 703.254. 
 
(b)  Requires a provisionally licensed clinical nutritionist to practice
under the supervision and direction of a licensed clinical nutritionist.
Requires the supervising licensed clinical nutritionist to sign the
application. 
 
(c)  Provides that a provisional license expires on the first anniversary
of the date of issuance and, if the supervising licensed clinical
nutritionist signs the renewal application, may be renewed annually not
more than twice by complying with the renewal procedures under Section
703.301. 
 
(d)  Requires a provisionally licensed clinical nutritionist to comply with
Sections 703.351 and 703.352. 
 
Sec. 703.260.  TEMPORARY LICENSE. (a)  Authorizes the nutritionists board,
on receipt of an application and payment of an application fee, to grant a
temporary license to an applicant who meets certain requirements. 
  
(b)  Authorizes the nutritionists board to waive the requirement of
Subsection (a)(3) if the nutritionists board determines that compliance
with that provision is a hardship to the applicant. 
 
(c)  Provides that a temporary license is valid until the date the
nutritionists board approves or denies the temporary license holder's
application for a license.  Requires the nutritionists board to issue a
license under this chapter to the holder of a temporary license under
certain conditions. 
  
(d)  Requires the nutritionists board to complete the processing of a
temporary license holder's application for a license not later than the
180th day after the date the nutritionists board issues the temporary
license.  Authorizes the nutritionists board to extend this deadline to
receive pending examination results. 
 
Sec. 703.261.  INACTIVE STATUS.  Authorizes the nutritionists board by rule
to provide for a license holder to place the person's license on inactive
status.  Requires the nutritionists board by rule to provide for a time
limit for a license to remain on inactive status. 

SUBCHAPTER G.  LICENSE RENEWAL
  
Sec. 703.301.  LICENSE RENEWAL.  Requires the nutritionists board to renew
the license of a qualified clinical nutritionist in good standing who
carries out certain requirements. 
  
Sec. 703.302.  TERM OF LICENSE; EXPIRATION DATE. (a)  Provides that a
license is valid for one year from the date of issuance and may be renewed
annually. 
 
(b)  Authorizes the nutritionists board by rule to adopt a system under
which licenses expire on various dates during the year.  Requires that for
the year in which the license expiration date is changed, a license fee
payable on the original expiration date be prorated on a monthly basis so
that the license holder pays only that portion of the fee allocable to the
number of months the license is valid. Requires the license holder to pay
the total license renewal fee on renewal of the license on the new
expiration date. 
 
Sec. 703.303.  LICENSE RENEWAL PROCEDURE. (a)  Authorizes a person to renew
an unexpired license by paying the required renewal fee to the
nutritionists board before the license expiration date. 
 
(b)  Authorizes a person whose license has been expired for 90 days or less
to renew the license by paying to the nutritionists board the required
renewal fee and a fee that is equal to half the amount of the required
renewal fee.  Authorizes the person, if a license has been expired for more
than 90 days but less than one year, to renew the license by paying to the
nutritionists board a fee equal to twice the amount of the required renewal
fee. 
 
(c)  Prohibits a person whose license has been expired for one year or more
from renewing the license, except as provided by Section 703.304.
Authorizes the person to obtain a new license by complying with the
requirements and procedures for obtaining an original license. 
 
(d)  Requires the nutritionists board, not later than the 30th day before a
person's license expiration date, to send written notice of the impending
expiration to the person at the person's last known address according to
the records of the nutritionists board. 
 
Sec. 703.304.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.
Authorizes the nutritionists board to renew without examination an expired
license of a person who was licensed in this state, moved to another state,
and is licensed and has been in practice in the other state for the two
years preceding the date the person applies for renewal. Requires the
person to pay to the nutritionists board a fee that is equal to twice the
required renewal fee for the license. 
 
Sec. 703.305.  CONTINUING EDUCATION. (a)  Requires the nutritionists board
by rule to establish a minimum number of hours of continuing education
required for license renewal under this chapter. 
 
(b)  Authorizes the nutritionists board to assess the continuing education
needs of license holders and to require license holders to attend
continuing education courses specified by the nutritionists board.
Requires the nutritionists board to develop a process to evaluate and
approve continuing education courses. 
 
(c)  Requires the nutritionists board to identify the key factors for the
competent performance of professional duties.  Requires the nutritionists
board to adopt a procedure to assess a license holder's participation in
continuing education programs. 
 
Sec. 703.306.  DUPLICATE LICENSE.  Requires the nutritionists board to
issue a new  license to replace a license that is lost, destroyed, or
mutilated, subject to nutritionists board rules and on payment of a
reasonable fee. 

SUBCHAPTER H.  PRACTICE BY LICENSE HOLDER
 
Sec. 703.351.  PRACTICE STRATEGIES FOR CLINICAL NUTRITIONISTS. (a)
Authorizes a licensed clinical nutritionist to work independently in a
general office setting, or as a member of a health care team in an office,
hospital, or clinical setting, as a nutritionist, nutritional coach, or
nutritional advisor in a corporation, providing referrals to and receiving
referrals from licensed physicians, chiropractors, nurses, pharmacists, and
dentists, or the general public. 
 
(b)  Authorizes a licensed clinical nutritionist to carry out certain
duties in providing services under this chapter.  
  
Sec. 703.352.  DISPLAY OF LICENSE. (a)  Requires each license holder to
display the person's license in an appropriate and public manner. 
 
(b)  Provides that a license issued by the nutritionists board is the
property of the nutritionists board and must be surrendered on demand. 
 
Sec. 703.353.  LICENSE HOLDER INFORMATION.  Requires a license holder to
keep the department informed of the license holder's current address. 
 
Sec. 703.354.  PROHIBITED USE OF SEAL. (a)  Prohibits a person from using a
seal authorized by the nutritionists board unless the person holds a
license issued under this chapter. 
 
(b)  Prohibits a person may from affixing a seal to a document if the
license of the license holder named on the seal is expired, suspended, or
revoked. 

SUBCHAPTER I.  PROHIBITED ACTS; DISCIPLINARY PROCEDURES
 
Sec. 703.401.  PROHIBITED ACTS. (a)  Prohibits a person from performing
certain acts unless the person holds an appropriate license issued under
this chapter. 
   
(b)  Prohibits a person from using any title or initials, or any facsimile
of those titles or initials, or from representing or implying that the
person has the right to use any title implying such a registration or
certification, unless the person holds an appropriate registration or
certification issued by the Commission on Clinical Nutritionist
Registration or other organization recognized by the nutritionists board. 
 
Sec. 703.402.  GROUNDS FOR DISCIPLINARY ACTION.  Requires the nutritionists
board to assess administrative penalties, revoke or suspend a license,
refuse to renew a license, place on probation a person whose license has
been suspended, or reprimand a license holder for a violation of this
chapter, a rule of the nutritionists board, or the code of ethics adopted
by the nutritionists board. 
 
Sec. 703.403.  HEARING. (a)  Entitles a person to a hearing if the
nutritionists board proposes to suspend or revoke the person's license. 
 
(b)  Authorizes a member or employee of the nutritionists board or a
department employee who carries out the functions of the nutritionists
board and who proposes to make a decision, a finding of fact, or a
conclusion of law in a proceeding pending before the nutritionists board to
communicate directly or indirectly with a party to the proceeding or with
the party's representative only if notice and an opportunity to
participate are given to each party. 
 
Sec. 703.404.  SANCTIONS.  Requires the State Office of Administrative
Hearings to use the schedule of sanctions adopted by the nutritionists
board by rule for a sanction imposed as the result of a hearing conducted
by the office. 
 
Sec. 703.405.  PROBATION.  Authorizes the nutritionists board to require a
license holder whose license suspension is probated to take certain
actions. 
  
Sec. 703.406.  MONITORING OF LICENSE HOLDER. (a)  Requires the
nutritionists board by rule to develop a system for monitoring a license
holder's compliance with this chapter. 
 
(b)  Requires rules adopted under this section to include procedures to
monitor for compliance a license holder who is ordered by the nutritionists
board to perform certain acts and to identify and monitor license holders
who represent a risk to the public. 
 
Sec. 703.407.  ADMINISTRATIVE PROCEDURE.  Provides that a proceeding to
suspend or revoke a license under this subchapter is governed by Chapter
2001 (Administrative Procedure), Government Code. 

SUBCHAPTER J.  ADMINISTRATIVE PENALTY

Sec. 703.451.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Authorizes the
nutritionists board to impose an administrative penalty on a person who
violates this chapter or a rule adopted under this chapter. 

Sec. 703.452.  AMOUNT OF PENALTY.  (a) Prohibits the amount of an
administrative penalty from exceeding $1,000 for each violation.  Provides
that each day a violation continues or occurs is a separate violation for
purposes of imposing a penalty. 

  (b) Requires the amount of the penalty to be based on certain criteria.

Sec. 703.453.  NOTICE OF VIOLATION AND PENALTY.  Requires the nutritionist
board, if after the investigation of a possible violation and the facts
surrounding the possible violation the nutritionists board determines that
a violation occurred, to give written notice of the violation to the person
on whom the administrative penalty may be imposed.  Requires the notice to
contain certain information. 

Sec. 703.454.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a) Authorizes a
person, not later than the 20th day after the date the person receives the
notice under Section 703.453, to take certain actions. 

(b) Requires the presiding officer of the nutritionists board or the
presiding officer's designee, if the person accepts the nutritionists
board's determination, by order to approve the determination and require
the person to pay the recommended penalty. 

Sec. 703.455.  HEARING ON DETERMINATION.  (a) Requires the nutritionists
board to carry out certain duties if the person makes a timely request for
a hearing. 

  (b) Requires the hearings examiner to carry out certain duties.

Sec. 703.456.  DECISION BY NUTRITIONISTS BOARD.  (a) Authorizes the
nutritionists board by order to make certain determinations based on the
findings of fact, conclusions of law, and recommendations of the hearings
examiner. 
 
(b) Requires the nutritionists board to give notice of the order to the
person.  Requires the notice to include certain information. 

Sec. 703.457.  OPTIONS FOLLOWING DECISION; PAY OR APPEAL.  (a) Requires the
person to carry out certain duties not later than the 30th day after the
date the order issued under Section 703.456 becomes final. 

(b) Authorizes a person who acts under Subsection (a)(3), within the 30-day
period, to carry out certain duties. 

(c) Authorizes the nutritionists board, if the board receives a copy of an
affidavit under Subsection (b)(2), to file with the court a contest to the
affidavit not later than the fifth day after the date the copy is received. 

(d) Requires the court to hold a hearing on the facts alleged in the
affidavit as soon as practicable and stay the enforcement of the penalty on
finding that the alleged facts are true.  Provides that the person who
files the affidavit has the burden of proving that the person is
financially unable to pay the penalty and to give a supersedeas bond. 

Sec. 703.458.  DETERMINATION BY COURT.  (a) Authorizes the court, if the
court sustains the finding that a violation occurred, to uphold or reduce
the amount of the administrative penalty and order the person to pay the
full or reduced amount. 

(b) Requires the court to order that a penalty is not owed if the court
does not sustain the finding that a violation occurred. 

Sec. 703.459.  REMITTANCE OF PENALTY AND INTEREST.  (a) Requires the court,
after the judgment becomes final and if after judicial review the
administrative penalty is reduced or not imposed by the court, to carry out
certain duties. 

(b) Provides that the interest paid under Subsection (a)(1) is accrued at
the rate charged on loans to depository institutions by the New York
Federal Reserve Bank. Requires the interest to be paid for the period
beginning on the date the penalty is paid and ending on the date the
penalty is remitted. 

Sec. 703.460.  COLLECTION OF PENALTY.  (a) Defines "reasonable expenses and
costs." 

(b) Sets forth provisions relating to expenses and costs associated with
the administrative penalty. 

(c) Authorizes the nutritionists board, if the person does not pay the
administrative penalty and the enforcement of the penalty is not stayed, to
refer the matter to the attorney general for collection of the amount of
the penalty. 

(d) Sets forth provisions if the attorney general brings an action against
a person to enforce an administrative penalty. 

Sec. 703.461.  ADMINISTRATIVE PROCEDURE.  Provides that a proceeding to
assess an administrative penalty under this chapter is subject to Chapter
2001, Government Code. 

SUBCHAPTER K.  CRIMINAL AND CIVIL PENALTIES

Sec. 703.501.  CRIMINAL PENALTY. (a)  Provides that a person commits an
offense if the person knowingly or intentionally violates this chapter or a
rule adopted by the nutritionists  board or board of health under this
chapter. 
  
  (b)  Provides that an offense under this section is a Class B misdemeanor.

Sec. 703.502.  CIVIL PENALTY.  (a) Provides that a person who violates this
chapter is subject to a civil penalty of $200 for the first violation and
$500 for each subsequent violation. 

(b) Provides that each day a violation of Section 703.402 continues is a
separate violation for the purposes of this section. 

(c) Requires the attorney general to bring an action in the name of the
state at the board's request to collect a civil penalty assessed under this
section. 
 
SECTION 2. (a)  Requires that until September 1, 2003, the Texas State
Board of Examiners of Clinical Nutritionists waive the examination
requirement under Chapter 703, Occupations Code, as added by this Act, and
grant a license under that chapter to any person who meets certain
requirements. 
  
(b) Requires the Texas State Board of Examiners of Clinical Nutritionists,
until September 1, 2004, to waive the examination requirement under Chapter
703, Occupations Code, as added by this Act, and grant an associate
clinical nutritionist license under that chapter to any person who meets
certain requirements. 
  
(c)  Requires the governor to appoint the initial members of the Texas
State Board of Examiners of Clinical Nutritionists not later than December
1, 2001. Sets forth provisions governing the initial appointments. 
 
(d)  Provides that a person appointed as a clinical nutritionist member of
the Texas State Board of Examiners of Clinical Nutritionists before
September 1, 2005, is not required to be licensed under Chapter 703,
Occupations Code, as added by this Act, but requires the person to be
eligible to hold a license issued under that chapter, prohibits the person
from having an additional primary practice, and requires the person to have
at least two years of professional experience in the field of clinical
nutrition. 

SECTION 3. (a) Effective date: September 1, 2001, except as provided by
Subsection (b) of this section. 
 
(b)  Provides that Sections 703.251 and Subchapters J and K, Chapter 703,
Occupations Code, as added by this Act, take effect September 1, 2002.