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79R73 MXM-F
By: Davis of Dallas H.B. No. 44
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of clinical nutritionists and nutrition
counselors; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle M, Title 3, Occupations Code, is
amended by adding Chapter 703 to read as follows:
CHAPTER 703. CLINICAL NUTRITIONISTS AND NUTRITION COUNSELORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 703.001. GENERAL DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of Health.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "Nutritionists board" means the Texas State Board
of Examiners of Clinical Nutritionists.
(4) "Nutrition counseling" means the recommendation
of a diet, including specific foods, and the recommendation of
lifestyle changes to prevent disease and optimize health.
Sec. 703.002. DEFINITION OF CLINICAL NUTRITION. (a) In
this section:
(1) "Nutritional assessment" means the evaluation of
individual nutritional needs, recognizing biochemical
individuality, to determine factors necessary to restore or
maintain healthy physiological function. The term includes the use
of appropriate tests and observations interpreted in terms of
optimal values and nutrition and lifestyle analysis to determine an
appropriate nutritional program, including:
(A) a case history;
(B) anthropometric measurements;
(C) physical signs; and
(D) biochemical data, including specialty
nutritional laboratory tests of blood, urine, saliva, and feces.
(2) "Nutritional supplements" includes food,
vitamins, minerals, botanicals, nutraceuticals, amino acids, trace
elements, biochemical supplements, homeopathics, macronutrients,
micronutrients, herbs, accessory food factors, and metabolites
designed to correct clinical deficiencies in the human body.
(3) "Whole food" means a food in its naturally grown
state, prepared for human consumption with minimal or no processing
and preserving.
(b) "Clinical nutrition" means a specialization in
nutrition that requires advanced training, including training in:
(1) the interpretation of nutrition assessments for
the evaluation of nutritional status; and
(2) recommendations for therapeutic intervention to
correct identified nutritional imbalances using specific whole
foods, nutritional supplements, and other nutrition counseling.
Sec. 703.003. SUNSET PROVISION. The Texas State Board of
Examiners of Clinical Nutritionists is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the nutritionists board is abolished
and this chapter expires September 1, 2015.
[Sections 703.004-703.050 reserved for expansion]
SUBCHAPTER B. BOARD OF EXAMINERS OF CLINICAL NUTRITIONISTS
Sec. 703.051. NUTRITIONISTS BOARD; MEMBERSHIP. (a) The
Texas State Board of Examiners of Clinical Nutritionists consists
of nine members appointed by the governor as follows:
(1) six members who are clinical nutritionists who
hold a license issued under this chapter and who have been licensed
under this chapter for at least the three years preceding
appointment to the nutritionists board; and
(2) three members who represent the public.
(b) Appointments to the nutritionists board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
(c) In appointing clinical nutritionists to the
nutritionists board, the governor shall attempt to maintain a
continuing balance of representation among the clinical, research,
management, and educational areas of expertise in clinical
nutrition.
Sec. 703.052. ELIGIBILITY OF PUBLIC MEMBERS. A person may
not be a public member of the nutritionists board if the person or
the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of clinical nutrition;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the nutritionists board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the nutritionists
board; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the nutritionists board, other than
compensation or reimbursement authorized by law for nutritionists
board membership, attendance, or expenses.
Sec. 703.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the nutritionists board
and may not be a board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in a field regulated by the
nutritionists board; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in a field regulated by the
nutritionists board.
(c) A person may not be a member of the nutritionists board
or act as the general counsel to the nutritionists board if the
person is required to register as a lobbyist under Chapter 305,
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. 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) It is a ground for removal from the nutritionists board that a
member:
(1) does not have at the time of appointment the
qualifications required by Section 703.051;
(2) does not maintain during service on the
nutritionists board the qualifications required by Section
703.051;
(3) is ineligible for membership under Section 703.052
or 703.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled nutritionists board meetings that the member is eligible
to attend during a calendar year without an excuse approved by a
majority vote of the nutritionists board.
(b) 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) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the nutritionists board of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest ranking
officer of the nutritionists board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
Sec. 703.056. PER DIEM; REIMBURSEMENT. (a) Each member of
the nutritionists board is entitled 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) A member is entitled to reimbursement for
transportation expenses as provided by the General Appropriations
Act.
Sec. 703.057. FIXED SALARY PROHIBITED. A nutritionists
board member may not receive a fixed salary for the member's
services.
Sec. 703.058. OFFICERS. (a) The governor shall designate a
member of the nutritionists board as the presiding officer of the
board to serve in that capacity at the pleasure of the governor.
(b) The nutritionists board shall elect an assistant
presiding officer from its membership as provided by nutritionists
board rule.
Sec. 703.059. MEETINGS. The nutritionists board shall hold
at least two regular meetings each year as provided by rules adopted
by the nutritionists board.
Sec. 703.060. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the nutritionists board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the nutritionists board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the nutritionists board;
(3) the role and functions of the nutritionists board;
(4) the rules of the nutritionists board, with an
emphasis on the rules that relate to disciplinary and investigatory
authority;
(5) the current budget for the nutritionists board;
(6) the results of the most recent formal audit of the
nutritionists board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
nutritionists board or the Texas Ethics Commission.
(c) A person appointed to the nutritionists board is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
Sec. 703.061. USE OF TECHNOLOGY. The nutritionists board
shall develop and implement a policy requiring the executive
director and nutritionists board employees to research and propose
appropriate technological solutions to improve the nutritionists
board's ability to perform its functions. The technological
solutions must:
(1) ensure that the public is able to easily find
information about the nutritionists board on the Internet;
(2) ensure that persons who want to use the
nutritionists board's services are able to:
(A) interact with the nutritionists board
through the Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
nutritionists board's planning processes.
Sec. 703.062. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES. (a) The nutritionists board shall
develop and implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of nutritionists board
rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the
nutritionists board's jurisdiction.
(b) The nutritionists board's procedures relating to
alternative dispute resolution must conform, to the extent
possible, to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
(c) The nutritionists board shall designate a trained
person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of
those procedures, as implemented by the nutritionists board.
[Sections 703.063-703.100 reserved for expansion]
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 703.101. EXECUTIVE DIRECTOR. The nutritionists board
shall employ an executive director.
Sec. 703.102. EXECUTIVE DIRECTOR POWERS AND DUTIES. In
addition to other duties prescribed by this chapter and by the
department, the executive director shall:
(1) administer licensing activities for the
nutritionists board;
(2) keep full and accurate minutes of the transactions
and proceedings of the nutritionists board;
(3) serve as custodian of the files and records of the
nutritionists board;
(4) prepare and recommend to the nutritionists board
plans and procedures necessary to implement the purposes and
objectives of this chapter, including rules and proposals on
administrative procedures;
(5) exercise general oversight of persons employed by
the department in the administration of this chapter;
(6) investigate complaints and present formal
complaints;
(7) attend all meetings of the nutritionists board as
a nonvoting participant;
(8) handle the correspondence of the nutritionists
board; and
(9) obtain, assemble, or prepare reports and
information as directed or authorized by the nutritionists board.
Sec. 703.103. PERSONNEL AND FACILITIES. (a) The
department shall provide the basic personnel and facilities
required to administer this chapter. The department personnel
administering this chapter act as agents of the nutritionists
board.
(b) The department by agreement may secure services as it
considers necessary to administer this chapter and provide
compensation for those services.
(c) The department may 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. The
nutritionists board shall develop and implement policies that
clearly separate the policymaking responsibilities of the
nutritionists board and the management responsibilities of the
executive director and the staff of the nutritionists board.
Sec. 703.105. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to members of the nutritionists board and to
board employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Sec. 703.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
(a) The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that
all personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the nutritionists board to avoid
the unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition
of the nutritionists board's personnel is in accordance with state
and federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the Texas Workforce Commission for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 703.107. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to nutritionists board employees information and training
on the benefits and methods of participation in the state employee
incentive program.
[Sections 703.108-703.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 703.151. GENERAL POWERS AND DUTIES OF NUTRITIONISTS
BOARD. The nutritionists board shall:
(1) adopt an official seal;
(2) adopt and publish a code of ethics; and
(3) establish the qualifications and fitness of
applicants for licenses, including renewal and reciprocal
licenses.
Sec. 703.152. GENERAL RULEMAKING AUTHORITY. (a) The
nutritionists board may adopt rules consistent with this chapter.
(b) In adopting rules, the nutritionists board shall
consider the rules and procedures of the Texas Board of Health and
the department and shall adopt procedural rules consistent with
similar rules and procedures of those entities.
Sec. 703.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The nutritionists board may not adopt 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) In its rules to prohibit false, misleading, or deceptive
practices, the nutritionists board may not include a rule that:
(1) restricts a person's use of any medium for
advertising;
(2) restricts a person's personal appearance or voice
in an advertisement;
(3) relates to the size or duration of an
advertisement by a person; or
(4) restricts a person's advertisement under a trade
name.
Sec. 703.154. FEES. After consulting the commissioner of
public health or the department, the nutritionists board by rule
shall set fees in amounts reasonable and necessary to cover the
cost of administering this chapter.
Sec. 703.155. MONEY. (a) The department shall account for
money received under this chapter.
(b) The department shall deposit all money received under
this chapter to the credit of the licensed clinical nutritionists
account in the general revenue fund. Money in the account may be
appropriated only to the department for administration of this
chapter.
Sec. 703.156. SEAL. (a) The nutritionists board by rule
may require a license holder to:
(1) obtain a seal authorized by the nutritionists
board, bearing the license holder's name and the legend "Licensed
Clinical Nutritionist" or "Licensed Nutrition Counselor"; and
(2) affix the seal to formal documentation of
nutrition services provided by the license holder.
(b) If the nutritionists board adopts rules under
Subsection (a), the rules must 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
if:
(1) the services are provided:
(A) in a facility licensed under the Health and
Safety Code;
(B) on behalf of a local, state, or federal
government agency; or
(C) under other circumstances determined
reasonable and necessary by the nutritionists board; and
(2) the facsimile is maintained on file at all times
during which the services are provided.
Sec. 703.157. POWERS AND DUTIES OF BOARD OF HEALTH. To
implement this chapter, the Texas Board of Health:
(1) shall request and receive any necessary assistance
from state institutions of higher education or other state
agencies;
(2) shall prepare information of consumer interest
describing the regulatory functions of the nutritionists board, the
procedures by which consumer complaints are filed and resolved, and
the profession of clinical nutrition;
(3) shall prepare a list of persons holding licenses
under this chapter, including the type of license held, and make the
information available to the public, license holders, and
appropriate state agencies; and
(4) may require the attorney general or the
appropriate county or district attorney to sue to enjoin a
violation of this chapter in addition to any other action,
proceeding, or remedy authorized by law.
[Sections 703.158-703.200 reserved for expansion]
SUBCHAPTER E. PUBLIC INTEREST INFORMATION
AND COMPLAINT PROCEDURES
Sec. 703.201. PUBLIC INTEREST INFORMATION. (a) The
nutritionists board shall 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) The nutritionists board shall make the information
available to the public and appropriate state agencies.
Sec. 703.202. CONTACT INFORMATION. (a) The nutritionists
board by rule shall 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. The nutritionists
board may provide for that notification:
(1) on each license form, application, or written
contract for services of a person regulated by the nutritionists
board;
(2) on a sign prominently displayed in the place of
business of each person regulated by the nutritionists board; or
(3) in a bill for services provided by a person
regulated by the nutritionists board.
(b) The nutritionists board shall 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) The
nutritionists board shall maintain a file on each written complaint
filed with the nutritionists board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
nutritionists board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the nutritionists board closed the file without taking action
other than to investigate the complaint.
(b) The nutritionists board shall 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) The nutritionists board, at least quarterly until final
disposition of the complaint, shall 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) The nutritionists board shall review a complaint
regarding:
(1) incompetency, misconduct, gross negligence,
fraud, misrepresentation, or dishonesty in the performance of the
functions or duties of a license holder; and
(2) the use of any controlled substance or drug or the
use of alcoholic beverages to an extent that the use impairs a
person's ability to perform the work of a clinical nutritionist.
Sec. 703.204. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. (a) The nutritionists board shall
adopt rules concerning the investigation of a complaint filed with
the nutritionists board. The rules adopted under this subsection
shall:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the nutritionists board be advised of
a complaint that is dismissed and that a letter be sent to the
person who filed the complaint explaining the action taken on the
dismissed complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the nutritionists board to obtain the services of a
private investigator.
(b) The nutritionists board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
a complaint that is under the control of the nutritionists board not
later than the 30th day after the date the complaint is received by
the nutritionists board.
(c) Each party to the complaint shall be notified of the
projected time requirements for pursuing the complaint. Each party
shall 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) The executive director shall 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. The nutritionists
board shall 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.
Sec. 703.206. EXCEPTION TO OPEN RECORDS LAW FOR CERTAIN
COMPLAINT AND INVESTIGATION RECORDS. (a) Except as provided in
Subsection (b), information or material subpoenaed or compiled by
the nutritionists board in connection with a complaint and
investigation:
(1) is confidential and not subject to disclosure
under Chapter 552, Government Code; and
(2) is not subject to disclosure, discovery, subpoena,
or other means of legal compulsion for its release to anyone other
than the nutritionists board or its employees or agents involved in
discipline of the license holder.
(b) The information may be disclosed to:
(1) a person involved with the nutritionists board in
a disciplinary action against the license holder;
(2) a professional clinical nutritionist licensing or
disciplinary board in another jurisdiction;
(3) a peer assistance program approved by the
nutritionists board under Chapter 467, Health and Safety Code;
(4) a law enforcement agency; or
(5) a person engaged in bona fide research, if all
individual-identifying information has been deleted.
[Sections 703.207-703.250 reserved for expansion]
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 703.251. LICENSE REQUIRED. (a) A person may not
practice clinical nutrition or nutrition counseling in this state
for compensation unless the person is licensed as provided by this
chapter.
(b) Unless the person holds an appropriate license issued
under this chapter, a person may not:
(1) use the title or represent or imply that the person
has the title "licensed clinical nutritionist," "provisional
licensed clinical nutritionist," or "licensed nutritional
counselor," or use the letters "LCN," "PLCN," or "LNC"; or
(2) use a facsimile of those titles to indicate that
the person is a licensed clinical nutritionist or licensed
nutritional counselor.
Sec. 703.252. EXEMPTIONS. (a) In this section, "license"
means a license, certificate, registration, title, or permit issued
in this state.
(b) This chapter does not prohibit or restrict:
(1) a person from using a title allowed by state law in
the field of nutrition;
(2) a person from conducting a class, seminar, or
other speech related to nutrition;
(3) a person from providing free oral nutrition
information as an operator or employee of a health food store or
business that sells health products, including dietary
supplements, food, or food materials, or distributing written
nutrition information in connection with the marketing and
distribution of those products;
(4) nutritional instruction by members of a religious
or faith-based organization using a ministry of natural healing; or
(5) a person from distributing free information
related to nutrition if that person does not violate Section
703.251(b).
(c) This chapter does not prohibit or restrict the practice
of:
(1) a person licensed in this state to engage in the
practice for which the person is licensed, including a dietician
licensed under Chapter 701;
(2) clinical nutrition by a person who is performing
official duties as a United States employee;
(3) clinical nutrition by a cooperative extension home
economist, to the extent the activities are part of the economist's
employment;
(4) clinical nutrition or dietetics by a person
pursuing a course of study leading to a degree in dietetics,
nutrition science, or an equivalent major, as authorized by the
department and from a regionally accredited school or program, if:
(A) the activities and services are part of a
supervised course of study; and
(B) the person is designated by a title that
clearly indicates the person's status as a student or trainee;
(5) clinical nutrition or dietetics by a person
fulfilling the supervised practice experience component of a
nutrition or dietetics program;
(6) clinical nutrition or dietetics by a person with a
master's or doctorate degree with a major in nutrition, or an
equivalent major, from a regionally accredited school recognized by
the department for the purpose of education and research;
(7) clinical nutrition by an educator employed by a
nonprofit organization, as authorized by the department or any
other governmental entity; or
(8) clinical nutrition by a person who provides weight
control services.
Sec. 703.253. LICENSE APPLICATION. (a) Each applicant for
a license must submit a sworn application, accompanied by the
application fee. The applicant must specify the type of license for
which the person is applying.
(b) The nutritionists board shall prescribe the application
form and may by rule establish dates by which applications and fees
must be received. The rules must be consistent with department
rules related to application dates of other licenses or
registrations.
(c) Each license application must be accompanied by proof of
liability insurance coverage:
(1) issued by an insurer authorized by the Texas
Department of Insurance to engage in the business of liability
insurance in this state; and
(2) in amounts prescribed by the nutritionists board
as appropriate for the type of license for which the person is
applying.
Sec. 703.254. EXAMINATION. (a) An applicant must pass a
competency examination approved by the nutritionists board for each
type of license to qualify for that license under this chapter. The
board shall offer an examination for each type of license at least
twice a year.
(b) The nutritionists board shall prepare each examination
or adopt an examination prepared or given by an approved scientific
nutritionists board of clinical nutritionist experts or a testing
service. Any written portion of an examination must be validated by
an independent professional testing agency.
Sec. 703.255. QUALIFICATIONS FOR EXAMINATION. (a) To
qualify for the licensed clinical nutritionist examination, an
applicant must:
(1) possess a baccalaureate or postbaccalaureate
degree conferred by an accredited institution of higher education,
with:
(A) a major course of study approved by the
nutritionists board in human nutrition, nutrition, or nutrition
education; or
(B) an equivalent major course of study approved
by the nutritionists board; and
(2) have completed an internship or preplanned,
documented, professional experience program in clinical nutrition
practice of not less than 900 hours under the supervision of a
licensed clinical nutritionist or a licensed physician,
chiropractor, or dentist who holds credentials approved by the
nutritionists board in the field of clinical nutrition.
(b) To qualify for the licensed nutrition counselor
examination, an applicant must:
(1) possess at least a two-year vocational degree in
the nutrition sciences or other course of study approved by the
nutritionists board; and
(2) have completed an internship of not less than nine
months under the supervision of a licensed clinical nutritionist or
other person approved by the nutritionists board.
Sec. 703.256. INVESTIGATION. (a) Not later than the 45th
day after the date a properly and timely submitted application is
received and not later than the 30th day before the next examination
date, the department shall 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 nutritionists board rule.
(b) The notice must state whether the applicant has
qualified for examination based on the application and other
submitted evidence. If the applicant has not qualified, the notice
must state the reasons for the applicant's failure to qualify.
Sec. 703.257. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes a licensing examination under
this chapter, the nutritionists board shall notify the person of
the results of the examination.
(b) If the examination is graded or reviewed by an approved
scientific nutritionists board of clinical nutritionist experts or
a testing service:
(1) the nutritionists board shall notify the person of
the results of the examination not later than the 14th day after the
date the nutritionists board receives the results from the board of
experts or testing service; and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
nutritionists board shall notify the person of the reason for the
delay before the 90th day.
(c) The nutritionists board may require the board of experts
or a testing service to notify a person of the results of the
person's examination.
(d) If requested in writing by a person who fails an
examination under this chapter, the nutritionists board shall
furnish the person with an analysis of the person's performance on
the examination.
Sec. 703.258. REEXAMINATION. An applicant who fails the
examination three times must provide evidence to the nutritionists
board that the applicant has successfully completed clinical
nutrition or nutrition counseling training in the applicant's areas
of weakness before the applicant may apply for reexamination.
Sec. 703.259. QUALIFIED PERSON ENTITLED TO LICENSE. The
nutritionists board shall issue the appropriate clinical
nutritionist or nutrition counselors license under this chapter to
a person who meets the qualifications for the license.
Sec. 703.260. PROVISIONAL LICENSE. (a) The nutritionists
board may issue the appropriate provisional license to an applicant
currently licensed in another jurisdiction who seeks a license in
this state and who:
(1) has been licensed in good standing as a clinical
nutritionist or nutrition counselor for at least two years in
another jurisdiction, including a foreign country, that has
licensing requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination
recognized by the nutritionists board relating to the practice of
clinical nutrition or nutrition counseling; and
(3) is sponsored by a person licensed by the
nutritionists board under this chapter with whom the provisional
license holder will practice during the time the person holds a
provisional license.
(b) The nutritionists board may waive the requirement of
Subsection (a)(3) for an applicant if the nutritionists board
determines that compliance with that subsection would be a hardship
to the applicant.
(c) A provisional license is valid until the date the
nutritionists board approves or denies the provisional license
holder's application for a license. The nutritionists board shall
issue a license under this chapter to the provisional license
holder if:
(1) the provisional license holder is eligible to be
licensed under Section 703.263; or
(2) the provisional license holder passes the part of
the examination under Section 703.254 that relates to the
applicant's knowledge and understanding of the laws and rules
relating to the practice of clinical nutrition or nutrition
counseling in this state and:
(A) the nutritionists board verifies that the
provisional license holder meets the academic and experience
requirements for a license under this chapter; and
(B) the provisional license holder satisfies any
other licensing requirements under this chapter.
(d) The nutritionists board must approve or deny a
provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
The nutritionists board may extend the 180-day period if the
results of an examination have not been received by the
nutritionists board before the end of that period.
(e) The nutritionists board may establish a fee for
provisional licenses in an amount reasonable and necessary to cover
the cost of issuing the license.
Sec. 703.261. TEMPORARY LICENSE. (a) On receipt of an
application and payment of an application fee, the nutritionists
board may grant the appropriate temporary license to an applicant
who:
(1) is licensed in good standing as a clinical
nutritionist or nutrition counselor in another state that has
license requirements that are substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination
recognized by the nutritionists board relating to clinical
nutrition or nutrition counseling; and
(3) is sponsored by a person licensed by the
nutritionists board under this chapter with whom the temporary
license holder may practice.
(b) The nutritionists board may waive the requirement of
Subsection (a)(3) if the nutritionists board determines that
compliance with that provision is a hardship to the applicant.
(c) A temporary license is valid until the date the
nutritionists board approves or denies the temporary license
holder's application for a license. The nutritionists board shall
issue a license under this chapter to the holder of a temporary
license if:
(1) the temporary license holder passes the competency
examination required by Section 703.254;
(2) the nutritionists board verifies that the
temporary license holder meets the academic and experience
requirements for a license under this chapter; and
(3) the temporary license holder satisfies any other
license requirements under this chapter.
(d) The nutritionists board must 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. The nutritionists board may extend this
deadline to receive pending examination results.
Sec. 703.262. INACTIVE STATUS. The nutritionists board by
rule may provide for a license holder to place the person's license
on inactive status. The nutritionists board by rule shall provide
for a time limit for a license to remain on inactive status.
Sec. 703.263. RECIPROCITY. The nutritionists board may
waive any prerequisite to obtaining a license for an applicant who
holds a license issued by another jurisdiction with which this
state has a reciprocity agreement. The nutritionists board may
make an agreement, subject to the approval of the governor, with
another state to allow for licensing by reciprocity.
[Sections 703.264-703.300 reserved for expansion]
SUBCHAPTER G. LICENSE RENEWAL; CONTINUING EDUCATION
Sec. 703.301. LICENSE RENEWAL. The nutritionists board
shall renew the license of a clinical nutritionist or nutrition
counselor in good standing who:
(1) returns a completed renewal form in the manner
prescribed by the nutritionists board;
(2) submits evidence of completion of the minimum
number of continuing education hours required under Section
703.305; and
(3) pays the required renewal fee before the license
expires.
Sec. 703.302. TERM OF LICENSE. A license is valid for one
year after the date of issuance and may be renewed annually.
Sec. 703.303. LICENSE RENEWAL PROCEDURE. (a) A person who
is otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the nutritionists
board before the license expiration date. A person whose license
has expired may not engage in activities that require a license
until the license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the nutritionists board a
renewal fee that is equal to 1-1/2 times the normally required
renewal fee.
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
nutritionists board a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose license has been expired for one year or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures for obtaining an
original license.
(e) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. The person must pay
to the nutritionists board a fee that is equal to two times the
normally required renewal fee for the license.
(f) Not later than the 30th day before the date a person's
license is scheduled to expire, the nutritionists board shall 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. STAGGERED RENEWAL OF LICENSES. The
nutritionists board by rule may adopt a system under which licenses
expire on various dates during the year. For the year in which the
license expiration date is changed, the nutritionists board shall
prorate license fees on a monthly basis so that each license holder
pays only that portion of the license fee that is allocable to the
number of months during which the license is valid. On renewal of
the license on the new expiration date, the total license renewal
fee is payable.
Sec. 703.305. CONTINUING EDUCATION. (a) To renew a license
under this chapter:
(1) a licensed clinical nutritionist must annually
complete at least 25 hours of continuing education approved by the
nutritionists board; and
(2) a licensed nutrition counselor must annually
complete at least 17 hours of continuing education approved by the
nutritionists board, including at least one clinical nutritionist
symposium.
(b) The nutritionists board may assess the continuing
education needs of license holders and may require license holders
to attend continuing education courses specified by the
nutritionists board and made available by continuing education
providers approved by the nutritionists board. The nutritionists
board shall develop a process to evaluate and approve continuing
education.
(c) The nutritionists board shall identify the key factors
for the competent performance of professional duties. The
nutritionists board shall adopt a procedure to assess a license
holder's participation in continuing education programs.
[Sections 703.306-703.350 reserved for expansion]
SUBCHAPTER H. PRACTICE BY LICENSE HOLDER
Sec. 703.351. DISPLAY OF LICENSE. (a) Each license holder
shall display the person's license in an appropriate and public
manner.
(b) A license issued by the nutritionists board is the
property of the nutritionists board and must be surrendered on
demand.
Sec. 703.352. LICENSE HOLDER INFORMATION. A license holder
shall keep the department informed of the license holder's current
address.
Sec. 703.353. PROHIBITED USE OF SEAL. (a) A person may not
use a seal authorized by the nutritionists board unless the person
holds a license issued under this chapter.
(b) A person may not affix a seal to a document if the
license of the license holder named on the seal is expired,
suspended, or revoked.
[Sections 703.354-703.400 reserved for expansion]
SUBCHAPTER I. DISCIPLINARY PROCEDURES
Sec. 703.401. GROUNDS FOR DISCIPLINARY ACTION. The
nutritionists board shall revoke, suspend, or refuse to renew a
license or shall reprimand a license holder for a violation of this
chapter, a rule of the nutritionists board, or a code of ethics
adopted by the nutritionists board.
Sec. 703.402. HEARING. (a) If the nutritionists board
proposes to suspend or revoke a person's license, the person is
entitled to a hearing.
(b) 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 may 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. 703.403. SCHEDULE OF SANCTIONS. The State Office of
Administrative Hearings shall 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. 703.404. PROBATION. The nutritionists board may place
on probation a person whose license is suspended. If a license
suspension is probated, the nutritionists board may require the
person:
(1) to report regularly to the nutritionists board on
matters that are the basis of the probation;
(2) to limit practice to the areas prescribed by the
nutritionists board; or
(3) to continue or review professional education until
the person attains a degree of skill satisfactory to the
nutritionists board in those areas that are the basis of the
probation.
Sec. 703.405. MONITORING OF LICENSE HOLDER. (a) The
nutritionists board by rule shall develop a system for monitoring a
license holder's compliance with this chapter.
(b) Rules adopted under this section must include
procedures to:
(1) monitor for compliance a license holder who is
ordered by the nutritionists board to perform certain acts; and
(2) identify and monitor license holders who represent
a risk to the public.
Sec. 703.406. APPLICABILITY OF OPEN RECORDS LAW TO
DISCIPLINARY RECORDS. The filing of formal charges by the
nutritionists board against a license holder, the nature of those
charges, disciplinary proceedings of the board, and final
disciplinary actions, including warnings and reprimands, are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
[Sections 703.407-703.450 reserved for expansion]
SUBCHAPTER J. CIVIL PENALTY
Sec. 703.451. CIVIL PENALTY. (a) A person who violates
this chapter or a rule adopted by the nutritionists board under this
chapter is liable to the state for a civil penalty not to exceed
$1,000 for each day of violation.
(b) At the request of the nutritionists board, the attorney
general shall bring an action to recover a civil penalty authorized
by this section.
SECTION 2. (a) Until September 1, 2007, the Texas State
Board of Examiners of Clinical Nutritionists shall waive the
examination required under Chapter 703, Occupations Code, as added
by this Act, and issue a license under that chapter to any person
who holds a credential for clinical nutritionist or other nutrition
specialty status issued by a nationally recognized professional
certification entity approved by the Texas State Board of Examiners
of Clinical Nutritionists.
(b) Until September 1, 2007, the Texas State Board of
Examiners of Clinical Nutritionists shall waive the education
requirements for the clinical nutritionist examination, but not the
examination, required under Sections 703.254 and 703.255,
Occupations Code, as added by this Act, for any person who is a
licensed physician, chiropractor, dentist, pharmacist, or
registered nurse.
(c) Until September 1, 2007, the Texas State Board of
Examiners of Clinical Nutritionists shall waive the education
requirements for the nutrition counselor examination, but not the
examination, required under Sections 703.254 and 703.255,
Occupations Code, as added by this Act, and issue a license under
that chapter to any person who:
(1) presents evidence satisfactory to the board that
the person has at least five years of documented experience in the
field of nutrition counseling approved by the board; or
(2) holds a certificate in good standing in basic or
entry-level nutrition issued by a nationally recognized
certification entity approved by the board.
(d) The Texas State Board of Examiners of Clinical
Nutritionists may select a nationally recognized clinical
nutrition certification and credential review entity to assist in
the review of credentials submitted by persons applying for a
license under this section. The selected entity may charge a fee to
the applicant to review the applicant's credentials, if the board
approves the fee.
SECTION 3. (a) The governor shall appoint the initial
members of the Texas State Board of Examiners of Clinical
Nutritionists not later than December 1, 2005. In making the
initial appointments, the governor shall designate two clinical
nutritionist appointees and one public appointee for terms expiring
February 1, 2007, two clinical nutritionist appointees and one
public appointee for terms expiring February 1, 2009, and two
clinical nutritionist appointees and one public appointee for terms
expiring February 1, 2011.
(b) A person appointed as a clinical nutritionist member of
the Texas State Board of Examiners of Clinical Nutritionists before
September 1, 2009, is not required to be licensed for three years as
required by Section 703.051(a)(1), Occupations Code, as added by
this Act, but the person must be eligible to hold a license issued
under that chapter, may not have an additional primary practice,
and must have at least three years of professional experience in the
field of clinical nutrition.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2005.
(b) Section 703.251 and Subchapters I and J, Chapter 703,
Occupations Code, as added by this Act, take effect January 1, 2006.