79R5118 MSE-F
By: Deuell S.B. No. 1209
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of the practice of
dietetics and nutrition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 701, Occupations Code, is
amended to read as follows:
DIETITIANS AND NUTRITIONISTS
SECTION 2. Section 701.001, Occupations Code, is amended to
read as follows:
Sec. 701.001. SHORT TITLE. This chapter may be cited as the
Texas Dietetics and Nutrition Practice [Licensed Dietitian] Act.
SECTION 3. Section 701.002, Occupations Code, is amended to
read as follows:
Sec. 701.002. DEFINITIONS. (a) In this chapter:
(1) "Board" means the Texas Board of Dietetics and
Nutrition.
(2) "Commissioner" means the executive commissioner
of the Health and Human Services Commission [public health].
(3) [(2)] "Department" means the [Texas] Department
of State Health Services.
(4) [(3)] "Dietetics" means the professional
discipline of applying and integrating scientific principles of
food, nutrition, biochemistry, physiology, management, and
behavioral and social sciences under different health, social,
cultural, physical, psychological, and economic conditions for the
proper nourishment, care, and education of an individual or group
throughout the life cycle to achieve, [and] maintain, and restore
human health through [. The term includes] the development,
management, and provision of nutrition services or medical
nutrition therapy.
[(4) "Dietitians board" means the Texas State Board of
Examiners of Dietitians.]
(5) "Licensed dietitian and nutritionist" means a
person licensed under this chapter.
(6) "Medical nutrition therapy" means the component of
nutrition care relating to:
(A) interpreting and recommending nutrient needs
relative to medically prescribed diets, including tube feedings,
specialized intravenous solutions, and specialized oral feedings;
(B) food, nutrient, nutritional supplement, and
prescription and nonprescription drug interactions; and
(C) developing and managing food service
operations, the chief functions of which are the provision of
nutrition services and medically prescribed diets.
(7) "Medically prescribed diet" means a diet
prescribed by or in consultation with a physician licensed in this
state for an individual whose health status is impaired or at risk
because of disease, injury, or surgery and whose specific food or
nutrient levels must be monitored or altered as a component of a
treatment program.
(8) [(6)] "Nutrition assessment" means evaluating the
nutritional needs of an individual or group based on appropriate
biochemical, anthropometric, physical, and dietary data to
determine nutrient needs and recommend appropriate nutrition
intervention [nutritional intake], including enteral and
parenteral nutrition.
(9) [(7)] "Nutrition counseling" means advising and
assisting an individual or group on appropriate nutrition
intervention [nutritional intake] by integrating information from
a nutrition assessment with information on food and other sources
of nutrients and meal preparation consistent with cultural
background and socioeconomic status.
(10) [(8)] "Nutrition services" means:
(A) assessing the nutrition [nutritional] needs
of an individual or group relative to maintenance or preventive or
restorative care and determining constraints and resources in the
practice;
(B) establishing priorities, objectives, and
goals that meet nutrition [nutritional] needs and are consistent
with constraints and available resources;
(C) providing nutrition education and counseling
as components of maintenance or preventive or restorative care [in
health and disease];
(D) developing, implementing, and managing
nutrition [nutritional] care systems; or
(E) evaluating, changing, and maintaining
appropriate quality standards in food and nutrition [nutritional
care] services.
(11) [(9)] "Provisional licensed dietitian and
nutritionist" means a person provisionally licensed under this
chapter.
(b) The terms "dietetics" and "nutrition" have the same
meaning unless the context clearly requires a different
construction.
SECTION 4. Section 701.003, Occupations Code, is amended to
read as follows:
Sec. 701.003. APPLICATION OF SUNSET ACT. The Texas [State]
Board of Dietetics and Nutrition [Examiners of Dietitians] is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished September 1, 2017 [2005].
SECTION 5. Subchapter A, Chapter 701, Occupations Code, is
amended by adding Section 701.004 to read as follows:
Sec. 701.004. APPLICATION OF CHAPTER. (a) This chapter
does not apply to:
(1) a retailer that furnishes free oral or written
general nutrition information to a customer on food, food
materials, dietary supplements, and other goods sold at the
retailer's establishment in connection with the marketing and
distribution of those goods at the retailer's establishment, if the
information is not false, deceptive, or misleading and the retailer
does not represent that the retailer is a dietitian and
nutritionist;
(2) a person that furnishes free oral or written
nutrition information on food, food materials, or dietary
supplements, if the information is not false, deceptive, or
misleading and the person does not represent that the person is a
dietitian and nutritionist;
(3) a person engaged in the practice of the tenets of
any religion, sect, or denomination;
(4) a person who freely disseminates information,
conducts a class or seminar, or gives a speech related to dietetics
if the person does not represent that the person is a dietitian and
nutritionist;
(5) a licensed health care professional practicing
within the authorized scope of the person's license;
(6) a student or trainee working under the direct
supervision of a licensed dietitian and nutritionist for a limited
period as determined by the board, while fulfilling an experience
requirement or pursuing a course of study to meet requirements for a
license under this chapter;
(7) a dietitian and nutritionist serving in the United
States armed forces or the United States Public Health Service or
employed by the Department of Veterans Affairs when performing
duties associated with that service or employment;
(8) a person assisting in the practice of dietetics
under the direct supervision of a licensed dietitian and
nutritionist and performing only support activities that do not
require formal academic training in the basic food, nutrition,
chemical, biological, behavioral, and social sciences that are used
in the practice of dietetics;
(9) a person employed by or contracting with this
state or a political subdivision of this state, including a school
district, who is engaged in the practice of dietetics within the
scope of the person's employment; or
(10) a person providing a program of weight control
services if the program has been reviewed by, consultation is
available from, and no program change can be initiated without
prior approval of:
(A) a licensed dietitian and nutritionist;
(B) a dietitian and nutritionist licensed in
another state that has licensing requirements that are at least as
stringent as the requirements under this chapter; or
(C) a dietitian registered by the Commission on
Dietetic Registration of the American Dietetic Association.
(b) This chapter does not authorize a person to engage in
the practice of medicine in violation of Subtitle B.
SECTION 6. The heading to Subchapter B, Chapter 701,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. TEXAS [STATE] BOARD OF DIETETICS AND NUTRITION
[EXAMINERS OF DIETITIANS]
SECTION 7. Section 701.051, Occupations Code, is amended to
read as follows:
Sec. 701.051. [DIETITIANS] BOARD MEMBERSHIP. (a) The
Texas [State] Board of Dietetics and Nutrition [Examiners of
Dietitians] consists of nine members appointed by the governor with
the advice and consent of the senate as follows:
(1) six licensed dietitian and nutritionist members,
each of whom has been licensed under this chapter for not less than
three years before the member's date of appointment; and
(2) three members who represent the public.
(b) In appointing dietitian and nutritionist members to the
[dietitians] board, the governor shall attempt to maintain balanced
representation among the following primary areas of expertise
included in the professional discipline of dietetics:
(1) clinical;
(2) educational;
(3) management;
(4) consultation; and
(5) community.
(c) Appointments to the [dietitians] board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
SECTION 8. Section 701.052, Occupations Code, is amended to
read as follows:
Sec. 701.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the [dietitians]
board if the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of dietetics;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving funds from the 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 funds from the board; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
SECTION 9. Sections 701.053(b), (c), and (d), Occupations
Code, are amended to read as follows:
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of dietetics may not be a
[dietitians] board member and may not be an employee of the 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) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of
dietetics may not be a [dietitians] board member and may not be an
employee of the 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) A person may not serve as a member of the [dietitians]
board or act as the general counsel to the 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 board.
SECTION 10. Section 701.054, Occupations Code, is amended
to read as follows:
Sec. 701.054. TERMS. Members of the [dietitians] board
serve staggered six-year terms. The terms of two members begin on
September 1 of each odd-numbered year.
SECTION 11. Section 701.055, Occupations Code, is amended
to read as follows:
Sec. 701.055. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the [dietitians] board that a member:
(1) does not have at the time of appointment the
qualifications required for appointment to the board;
(2) does not maintain during service on the board the
qualifications required for appointment to the board;
(3) violates a prohibition established by this
chapter;
(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 board meetings that the member is eligible to attend
during a calendar year, unless the absence is excused by majority
vote of the board.
(b) The validity of an action of the [dietitians] board is
not affected by the fact that it is taken when a ground for removal
of a member of the board exists.
(c) If the executive secretary has knowledge that a
potential ground for removal exists, the executive secretary shall
notify the presiding officer of the [dietitians] board of the
ground. The presiding officer shall then notify the governor that a
potential ground for removal exists.
SECTION 12. Section 701.056(a), Occupations Code, is
amended to read as follows:
(a) Each member of the [dietitians] 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 board.
SECTION 13. Section 701.057, Occupations Code, is amended
to read as follows:
Sec. 701.057. OFFICERS. Not later than the 30th day after
the date the governor appoints new board members, the [dietitians]
board shall meet to elect a presiding officer and assistant
presiding officer, who hold office according to board rules.
SECTION 14. Section 701.058, Occupations Code, is amended
to read as follows:
Sec. 701.058. MEETINGS. The [dietitians] board shall hold
at least two regular meetings each year as provided by board rules.
SECTION 15. Section 701.059, Occupations Code, is amended
to read as follows:
Sec. 701.059. TRAINING. (a) Before a [dietitians] board
member may assume the member's duties and before the member may be
confirmed by the senate, the member must complete at least one
course of a training program established by the board under this
section.
(b) The training program established by the [dietitians]
board must provide information to a participant regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of Chapters 551, 552, 2001, and
2002, Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) In developing the training program, the [dietitians]
board shall consult with the governor, the attorney general, and
the Texas Ethics Commission.
(d) If another state agency or entity is authorized to
establish the training requirements for board members, the
[dietitians] board shall allow that training instead of developing
its own program.
SECTION 16. Section 701.101, Occupations Code, is amended
to read as follows:
Sec. 701.101. EXECUTIVE SECRETARY. The commissioner shall
designate a department employee to serve as executive secretary of
the [dietitians] board.
SECTION 17. Section 701.102, Occupations Code, is amended
to read as follows:
Sec. 701.102. EXECUTIVE SECRETARY POWERS AND DUTIES. In
addition to performing other duties prescribed by this chapter and
by the department, the executive secretary of the [dietitians]
board shall:
(1) administer licensing activities for the board;
(2) keep full and accurate minutes of the board's
transactions and proceedings;
(3) serve as custodian of the board's files and
records;
(4) prepare and recommend to the board plans and
procedures necessary to implement the purposes and objectives of
this chapter, including rules and proposals on administrative
procedures;
(5) exercise general supervision over persons
employed by the department in the administration of this chapter;
(6) investigate complaints and present formal
complaints;
(7) attend all board meetings as a nonvoting
participant;
(8) handle the board's correspondence; and
(9) obtain, assemble, or prepare reports and other
information as directed or authorized by the board.
SECTION 18. Section 701.103(a), Occupations Code, is
amended to read as follows:
(a) Department personnel shall administer this chapter as
agents of the [dietitians] board.
SECTION 19. Section 701.104, Occupations Code, is amended
to read as follows:
Sec. 701.104. DIVISION OF RESPONSIBILITIES. The
[dietitians] board shall develop and implement policies that
clearly define the respective responsibilities of the board and the
staff of the board.
SECTION 20. Section 701.105, Occupations Code, is amended
to read as follows:
Sec. 701.105. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The [dietitians] board shall provide, as often as
necessary, to its members and employees information regarding
their:
(1) qualifications for office or employment under this
chapter; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
SECTION 21. Section 701.106(a), Occupations Code, is
amended to read as follows:
(a) The executive secretary or the executive secretary's
designee shall prepare and maintain a written policy statement to
ensure implementation of an equal employment opportunity program
under which all personnel transactions are made without regard to
race, color, disability, sex, religion, age, or national origin.
The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, application, training, and
promotion of personnel, that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the [dietitians] board
workforce that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for whom
federal or state guidelines encourage a more equitable balance; and
(4) reasonable methods to appropriately address those
areas of underuse.
SECTION 22. Section 701.151, Occupations Code, is amended
to read as follows:
Sec. 701.151. GENERAL POWERS AND DUTIES OF [DIETITIANS]
BOARD. The [dietitians] board shall:
(1) adopt an official seal;
(2) adopt and publish a code of ethics;
(3) establish the qualifications and fitness of
applicants for licenses, including renewed and reciprocal
licenses;
(4) revoke, suspend, or deny a license, probate a
license suspension, or reprimand a license holder for a violation
of this chapter, a board rule, or the code of ethics;
(5) spend money necessary to properly administer the
board's duties; and
(6) establish reasonable and necessary fees to
administer this chapter.
SECTION 23. Section 701.152, Occupations Code, is amended
to read as follows:
Sec. 701.152. GENERAL RULEMAKING AUTHORITY. (a) The
[dietitians] board may adopt rules consistent with this chapter.
(b) In adopting rules, the [dietitians] board shall
consider the rules and procedures of the Health and Human Services
Commission [Texas Board of Health] and the department and shall
adopt procedural rules not inconsistent with similar rules and
procedures of those entities.
SECTION 24. Section 701.153, Occupations Code, is amended
to read as follows:
Sec. 701.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The [dietitians] board may not adopt a rule
restricting advertising or competitive bidding by a person
regulated by the board except to prohibit a false, misleading, or
deceptive practice.
(b) The [dietitians] board may not include in rules to
prohibit false, misleading, or deceptive practices by a person
regulated by the board a rule that:
(1) restricts the person's use of any medium for
advertising;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the use of a trade name in advertising by
the person.
SECTION 25. Section 701.154, Occupations Code, is amended
to read as follows:
Sec. 701.154. FEES. (a) After consulting the commissioner
or the department, the [dietitians] board by rule shall set fees in
amounts reasonable and necessary to cover the cost of administering
this chapter.
(b) The [dietitians] board may not set a fee that existed on
September 1, 1993, in an amount that is less than the amount of that
fee on that date.
SECTION 26. Section 701.155, Occupations Code, is amended
to read as follows:
Sec. 701.155. SEAL. (a) The [dietitians] board by rule may
require a license holder to:
(1) obtain a seal authorized by the board bearing the
license holder's name and the legend "Licensed Dietitian and
Nutritionist"; and
(2) affix the seal to formal documentation of
nutrition services provided by the license holder, as determined
necessary and appropriate by the board.
(b) If the [dietitians] board adopts rules under Subsection
(a), the rules must authorize 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 board; and
(2) the facsimile is maintained on file at all times
during which the services are provided.
SECTION 27. Section 701.156, Occupations Code, is amended
to read as follows:
Sec. 701.156. [DIETITIANS] BOARD DUTIES REGARDING
COMPLAINTS. (a) The [dietitians] board by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person
when the person files a complaint with the board.
(b) The [dietitians] board shall provide reasonable
assistance to a person who wishes to file a complaint with the
board.
SECTION 28. Section 701.157, Occupations Code, is amended
to read as follows:
Sec. 701.157. POWERS AND DUTIES OF DEPARTMENT [TEXAS BOARD
OF HEALTH]. To implement this chapter, the department [Texas Board
of Health]:
(1) shall request and receive any necessary assistance
from state educational institutions or other state agencies;
(2) shall prepare information of consumer interest
describing the regulatory functions of the [dietitians] board, the
procedures by which consumer complaints are filed and resolved, and
the profession of dietetics;
(3) shall prepare a registry of licensed dietitians
and nutritionists and provisional licensed dietitians and
nutritionists and make the registry available to the public,
license holders, and appropriate state agencies; and
(4) may request the attorney general or the
appropriate county or district attorney to institute a suit to
enjoin a violation of this chapter in addition to any other action,
proceeding, or remedy authorized by law.
SECTION 29. Section 701.158(a), Occupations Code, is
amended to read as follows:
(a) The department shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report accounting for all funds received and
disbursed by the [dietitians] board or the department for the
administration of this chapter during the preceding fiscal year.
SECTION 30. Section 701.201, Occupations Code, is amended
to read as follows:
Sec. 701.201. PUBLIC INTEREST INFORMATION. (a) The
[dietitians] board shall prepare information of public interest
describing the functions of the board and the board's procedures by
which complaints are filed with and resolved by the board.
(b) The [dietitians] board shall make the information
available to the public and appropriate state agencies.
SECTION 31. Section 701.202, Occupations Code, is amended
to read as follows:
Sec. 701.202. COMPLAINTS. (a) The [dietitians] board by
rule shall establish methods by which consumers and service
recipients are notified of the name, mailing address, and telephone
number of the board for the purpose of directing complaints to the
board. The board may provide for that notice:
(1) on each registration form, application, or written
contract for services of a person regulated by the board;
(2) on a sign prominently displayed in the place of
business of each person regulated by the board; or
(3) in a bill for services provided by a person
regulated by the board.
(b) The [dietitians] board shall list with its regular
telephone number any toll-free telephone number established under
other state law that may be called to present a complaint about a
health professional.
SECTION 32. Section 701.203, Occupations Code, is amended
to read as follows:
Sec. 701.203. RECORDS OF COMPLAINTS. (a) The [dietitians]
board shall keep an information file about each complaint filed
with the board. The information file must be kept current and
contain a record for each complaint of:
(1) each person contacted in relation to the
complaint;
(2) a summary of findings made at each step of the
complaint process;
(3) an explanation of the legal basis and reason for a
complaint that is dismissed;
(4) the schedule established for the complaint under
Section 701.204(b) and a notation of any change in the schedule; and
(5) other relevant information.
(b) If a written complaint is filed with the [dietitians]
board that the board or department has authority to resolve, the
board, at least quarterly and until final disposition of the
complaint, shall notify the parties to the complaint of the status
of the complaint unless notice would jeopardize an undercover
investigation.
SECTION 33. Sections 701.204(a), (b), and (d), Occupations
Code, are amended to read as follows:
(a) The [dietitians] board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
adopted under this subsection shall:
(1) distinguish among categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the 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 board to obtain the services of a private
investigator.
(b) The [dietitians] 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 board not later than
the 30th day after the date the board receives the complaint.
(d) The executive secretary shall notify the [dietitians]
board of a complaint that is not resolved in the time prescribed by
the board for resolving the complaint so that the board may take
necessary action on the complaint.
SECTION 34. Sections 701.2041(a), (c), (e), (f), (h), and
(i), Occupations Code, are amended to read as follows:
(a) In an investigation of a complaint filed with the
[dietitians] board, the board may request that the commissioner or
the commissioner's designee approve the issuance of a subpoena. If
the request is approved, the board may issue a subpoena to compel
the attendance of a relevant witness or the production, for
inspection or copying, of relevant evidence that is in this state.
(c) If a person fails to comply with a subpoena, the
[dietitians] board, acting through the attorney general, may file
suit to enforce the subpoena in a district court in Travis County or
in the county in which a hearing conducted by the board may be held.
(e) The board may delegate the authority granted under
Subsection (a) to the executive secretary of the [dietitians]
board.
(f) The [dietitians] board shall pay a reasonable fee for
photocopies subpoenaed under this section in an amount not to
exceed the amount the board may charge for copies of its records.
(h) All information and materials subpoenaed or compiled by
the [dietitians] board in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the board or its employees or agents
involved in discipline of the holder of a license, except that this
information may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) professional dietitian and nutritionist licensing
or disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board
under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the [dietitians] board
against a holder of a license, the nature of those charges,
disciplinary proceedings of the board, and final disciplinary
actions, including warnings and reprimands, by the board are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
SECTION 35. Section 701.205, Occupations Code, is amended
to read as follows:
Sec. 701.205. PUBLIC PARTICIPATION. (a) The [dietitians]
board shall develop and implement policies that provide the public
with a reasonable opportunity to appear before the board and to
speak on any issue under the board's jurisdiction.
(b) The [dietitians] board shall prepare and maintain a
written plan that describes how a person who does not speak English
may be provided reasonable access to the board's programs.
SECTION 36. The heading to Section 701.251, Occupations
Code, is amended to read as follows:
Sec. 701.251. LICENSE REQUIRED; COMMISSION REGISTRATION;
EXCEPTIONS.
SECTION 37. Section 701.251(b), Occupations Code, is
amended to read as follows:
(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 dietitian and nutritionist" or "provisional
licensed dietitian and nutritionist" or use the letters "LDN"
["LD"] or "PLDN" ["PLD"]; [or]
(2) use a facsimile of those titles to indicate or
imply that the person is a licensed dietitian and nutritionist or
provisional licensed dietitian and nutritionist; or
(3) practice dietetics for compensation.
SECTION 38. Section 701.252, Occupations Code, is amended
to read as follows:
Sec. 701.252. LICENSE APPLICATION. (a) Each applicant
for a dietitian and nutritionist license must submit a sworn
application accompanied by the application fee.
(b) The [dietitians] board shall prescribe the application
form and may by rule establish dates by which applications and fees
must be received.
SECTION 39. Sections 701.253(c), (e), and (f), Occupations
Code, are amended to read as follows:
(c) The [dietitians] board shall prepare or approve an
examination. An examination prescribed by the board may be or may
include an examination given by the Commission on Dietetic
Registration or by a national or state testing service instead of an
examination prepared by the board.
(e) The [dietitians] board shall administer an examination
to qualified applicants at least twice each calendar year.
(f) The [dietitians] board shall waive the examination
requirement for an applicant who, at the time of application, is a
dietitian registered by the Commission on Dietetic Registration.
SECTION 40. Section 701.254, Occupations Code, is amended
to read as follows:
Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify
for the licensing examination under this chapter, an applicant
must:
(1) possess a baccalaureate or postbaccalaureate
degree, conferred by a college or university regionally accredited
at the time of conferral, with:
(A) a major course of study in human nutrition,
food and nutrition, nutrition education, dietetics, home
economics, or food systems management; or
(B) an equivalent major course of study approved
by the [dietitians] board; and
(2) have completed an internship or preplanned,
documented, professional experience program in dietetics practice
of not less than 900 hours under the supervision of a licensed
dietitian and nutritionist or a registered dietitian approved by
the board.
SECTION 41. Section 701.255(a), Occupations Code, is
amended to read as follows:
(a) 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, 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 [dietitians]
board rule.
SECTION 42. Section 701.257, Occupations Code, is amended
to read as follows:
Sec. 701.257. REEXAMINATION. An applicant who fails the
examination three times must provide evidence to the [dietitians]
board that the applicant has successfully completed credit hours in
the applicant's areas of weakness before the applicant may apply
for reexamination.
SECTION 43. Section 701.258, Occupations Code, is amended
to read as follows:
Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The
[dietitians] board shall issue a license certificate as a licensed
dietitian and nutritionist to a person qualified for a license
under this chapter.
SECTION 44. Section 701.259, Occupations Code, is amended
to read as follows:
Sec. 701.259. PROVISIONAL LICENSE. (a) The [dietitians]
board may issue a license to use the title "provisional licensed
dietitian and nutritionist" to an applicant who files an
application, pays an application fee, and submits evidence of
successful completion of the education requirement under Section
701.254.
(b) A provisional licensed dietitian and nutritionist must
practice under the supervision and direction of a licensed
dietitian and nutritionist. The supervising licensed dietitian and
nutritionist must sign the applicant's initial application for a
provisional license.
(c) The [dietitians] board shall issue a license
certificate as a provisional licensed dietitian and nutritionist to
a person qualified for a provisional license under this chapter.
(d) A provisional license expires on the first anniversary
of the date of issuance and, if the supervising licensed dietitian
and nutritionist signs the renewal application, may be renewed
annually not more than twice by complying with the renewal
procedures under Section 701.301.
(e) A provisional licensed dietitian and nutritionist shall
comply with Sections 701.351 and 701.352.
SECTION 45. Section 701.260, Occupations Code, is amended
to read as follows:
Sec. 701.260. TEMPORARY LICENSE. (a) On receipt of an
application and payment of an application fee, the [dietitians]
board may grant a temporary license to an applicant who:
(1) is licensed in good standing as a dietitian and
nutritionist in another state that has licensing requirements that
are substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination that is
recognized by the board and relates to dietetics; and
(3) is sponsored by a person licensed by the board
under this chapter with whom the temporary license holder may
practice.
(b) The [dietitians] board may waive the requirement of
Subsection (a)(3) if the board determines that compliance with that
provision is a hardship to an applicant.
(c) A temporary license is valid until the date the
[dietitians] board approves or denies the temporary license
holder's application for a license. The 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 701.253;
(2) the 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 [dietitians] 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 board issues the temporary license.
The board may extend this deadline to receive pending examination
results.
SECTION 46. Section 701.261, Occupations Code, is amended
to read as follows:
Sec. 701.261. INACTIVE STATUS. The [dietitians] board by
rule may provide for a license holder to place the person's license
on inactive status. The board by rule shall provide for a time
limit for a license to remain on inactive status.
SECTION 47. Sections 701.301(a)-(d) and (f), Occupations
Code, are amended to read as follows:
(a) A license is valid for two years from [one year after]
the date of issuance and may be renewed biennially [annually].
(b) The commissioner [Texas Board of Health] 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, a license fee payable on the original expiration date
shall 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. The license holder shall pay the total license
renewal fee on renewal of the license on the new expiration date.
(c) A person may renew an unexpired license by paying the
required renewal fee to the [dietitians] board before the license
expiration date.
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the [dietitians] board the
required renewal fee and a fee that is equal to half the amount of
the examination fee for the license. If a license has been expired
for more than 90 days but less than one year, the person may renew
the license by paying to the board all unpaid renewal fees and a fee
that is equal to the amount of the renewal fee for the license.
(f) Not later than the 30th day before a person's license
expiration date, the [dietitians] board shall send written notice
of the impending license expiration to the person at the person's
last known address according to board records.
SECTION 48. Section 701.302, Occupations Code, is amended
to read as follows:
Sec. 701.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. The [dietitians] board may renew without
reexamination an expired license of 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 the person applies for renewal. The person must pay to the
board a fee that is equal to the amount of the examination fee for
the license.
SECTION 49. Section 701.303, Occupations Code, is amended
to read as follows:
Sec. 701.303. CONTINUING EDUCATION. (a) The [dietitians]
board by rule shall establish a minimum number of hours of
continuing education required for license renewal under this
chapter.
(b) The [dietitians] board may assess the continuing
education needs of license holders and may require license holders
to attend continuing education courses specified by the board. The
board shall develop a process to evaluate and approve continuing
education courses.
(c) The [dietitians] board shall identify key factors for a
license holder's competent performance of professional duties. The
board shall adopt a procedure to assess the license holder's
participation in continuing education programs.
SECTION 50. Section 701.351(b), Occupations Code, is
amended to read as follows:
(b) A license certificate issued by the [dietitians] board
is the property of the board and shall be surrendered on demand.
SECTION 51. Section 701.353(a), Occupations Code, is
amended to read as follows:
(a) A person may not use a seal authorized by the
[dietitians] board unless the person holds a license issued under
this chapter.
SECTION 52. Subchapter H, Chapter 701, Occupations Code, is
amended by adding Sections 701.354, 701.355, and 701.356 to read as
follows:
Sec. 701.354. MEDICAL PROTOCOLS. Notwithstanding any other
law, a licensed dietitian and nutritionist acting within the scope
of the person's license and consistent with medical direction or
authorization as provided by Section 701.356 may accept, transcribe
into a patient's medical record, or transmit verbal or
electronically transmitted orders, including medication orders,
from a physician to another authorized health care professional
relating to the implementation or provision of medical nutrition
therapy and related medical protocols for a patient or a group of
patients.
Sec. 701.355. LABORATORY TESTS. Notwithstanding any other
law, a licensed dietitian and nutritionist acting within the scope
of the person's license and consistent with medical direction or
authorization as provided by Section 701.356 may order medical
laboratory tests relating to the implementation or provision of
medical nutrition therapy and related medical protocols for a
patient or a group of patients.
Sec. 701.356. MEDICAL DIRECTION OR AUTHORIZATION. A
medical direction or authorization required by Section 701.354 or
701.355 must be issued in accordance with Subchapter A, Chapter
157, and rules adopted by the Texas State Board of Medical Examiners
under that subchapter and must be provided as follows:
(1) in a health care facility, through a physician's
order, standing medical order, standing delegation order, or
medical protocol; or
(2) in a private practice setting, through a
physician's order, standing medical order, or standing delegation
order of the referring physician.
SECTION 53. Section 701.401, Occupations Code, is amended
to read as follows:
Sec. 701.401. GROUNDS FOR DISCIPLINARY ACTION. The
[dietitians] board shall revoke or suspend a license, place on
probation a person whose license has been suspended, or reprimand a
license holder for a violation of this chapter or a rule or code of
ethics adopted by the board.
SECTION 54. Section 701.402, Occupations Code, is amended
to read as follows:
Sec. 701.402. HEARING. (a) If the [dietitians] board
proposes to revoke or suspend a person's license, the person is
entitled to a hearing before the board.
(b) A member or employee of the [dietitians] board or a
department employee who carries out the functions of the board and
proposes to make a decision, a finding of fact, or a conclusion of
law in a proceeding pending before the 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.
SECTION 55. Section 701.403, Occupations Code, is amended
to read as follows:
Sec. 701.403. SANCTIONS. The State Office of
Administrative Hearings shall use the schedule of sanctions adopted
by [dietitians] board rule for a sanction imposed as the result of a
hearing conducted by the office.
SECTION 56. Section 701.404, Occupations Code, is amended
to read as follows:
Sec. 701.404. PROBATION. The [dietitians] board may
require a license holder whose license suspension is probated to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to areas prescribed by the board;
or
(3) continue or review continuing professional
education until the license holder attains a degree of skill
satisfactory to the board in those areas that are the basis of the
probation.
SECTION 57. Section 701.405, Occupations Code, is amended
to read as follows:
Sec. 701.405. MONITORING OF LICENSE HOLDER. (a) The
[dietitians] board by rule shall develop a system for monitoring a
license holder's compliance with the requirements of this chapter.
(b) Rules adopted under this section must include
procedures to:
(1) monitor for compliance a license holder who is
ordered by the [dietitians] board to perform certain acts; and
(2) identify and monitor license holders who represent
a risk to the public.
SECTION 58. Section 701.406, Occupations Code, is amended
to read as follows:
Sec. 701.406. INFORMAL PROCEDURES. (a) The [dietitians]
board by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a representative of the
attorney general or the [dietitians] board's legal counsel to
advise the board or the board's employees.
SECTION 59. Section 701.408(a), Occupations Code, is
amended to read as follows:
(a) The [dietitians] board or a three-member committee of
board members designated by the board shall temporarily suspend the
license of a license holder if the board or committee determines
from the evidence or information presented to it that continued
practice by the license holder would constitute a continuing and
imminent threat to the public welfare.
SECTION 60. Section 701.501, Occupations Code, is amended
to read as follows:
Sec. 701.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The
[dietitians] board may impose an administrative penalty on a person
licensed under this chapter who violates this chapter or a rule or
order adopted under this chapter.
SECTION 61. Section 701.503(a), Occupations Code, is
amended to read as follows:
(a) If the commissioner or the commissioner's designee
determines that a violation occurred, the commissioner or the
designee may issue to the [dietitians] board a report stating:
(1) the facts on which the determination is based; and
(2) the commissioner's or the designee's
recommendation on the imposition of an administrative penalty,
including a recommendation on the amount of the penalty.
SECTION 62. Section 701.504(b), Occupations Code, is
amended to read as follows:
(b) If the person accepts the determination and recommended
penalty of the commissioner or the commissioner's designee, the
[dietitians] board by order shall approve the determination and
impose the recommended penalty.
SECTION 63. Section 701.505(c), Occupations Code, is
amended to read as follows:
(c) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the [dietitians] board
a proposal for a decision about the occurrence of the violation and
the amount of a proposed administrative penalty.
SECTION 64. Section 701.506, Occupations Code, is amended
to read as follows:
Sec. 701.506. DECISION BY [DIETITIANS] BOARD. (a) Based on
the findings of fact, conclusions of law, and proposal for
decision, the [dietitians] board by order may determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The notice of the [dietitians] board's order given to
the person must include a statement of the right of the person to
judicial review of the order.
SECTION 65. Sections 701.507(a) and (b), Occupations Code,
are amended to read as follows:
(a) Within 30 days after the date the [dietitians] board's
order becomes final, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the [dietitians] board's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
commissioner or the commissioner's designee by certified mail.
SECTION 66. This Act takes effect September 1, 2005.