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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of dietitians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 701.002, Occupations Code, is amended by |
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amending Subdivision (1-a) and adding Subdivisions (1-b), (1-c), |
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(10), and (11) to read as follows: |
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(1-a) "Certifying entity" means: |
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(A) the Commission on Dietetic Registration; or |
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(B) another entity that has standards equivalent |
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to the standards of the entity described by Paragraph (A), is |
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accredited by the National Commission for Certifying Agencies to |
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issue credentials for the professional practice of dietetics, and |
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is approved by the department. |
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(1-b) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(1-c) "Commission on Dietetic Registration" means the |
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commission that is accredited by the National Commission for |
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Certifying Agencies to issue credentials for the professional |
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practice of dietetics. |
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(10) "Registered dietitian" means a person who is |
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credentialed by a certifying entity as a registered dietitian. |
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(11) "Registered dietitian nutritionist" means a |
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person who is credentialed by a certifying entity as a registered |
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dietitian nutritionist. |
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SECTION 2. Sections 701.251(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) Unless the person holds an appropriate license issued |
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under this chapter, a person may not: |
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(1) use the title or represent or imply that the person |
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has the title "licensed dietitian" [or "provisional licensed |
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dietitian"] or use the letters "LD" [or "PLD"]; or |
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(2) use a facsimile of that title [those titles] to |
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indicate or imply that the person is a licensed dietitian [or |
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provisional licensed dietitian]. |
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(c) Unless the person is a [dietitian] registered dietitian |
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or registered dietitian nutritionist [by the Commission on Dietetic |
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Registration], a person may not, as applicable: |
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(1) use the title or represent or imply that the person |
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has the title "registered dietitian" or "registered dietitian |
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nutritionist" or use the letters "RD" or "RDN"; or |
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(2) use a facsimile of those titles [that title] to |
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indicate or imply that the person is a [dietitian] registered |
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dietitian or registered dietitian nutritionist [by the Commission |
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on Dietetic Registration]. |
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SECTION 3. Subchapter F, Chapter 701, Occupations Code, is |
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amended by adding Section 701.2525 to read as follows: |
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Sec. 701.2525. LICENSE QUALIFICATIONS. An applicant for a |
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dietitian license must provide evidence satisfactory to the |
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department that the applicant: |
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(1) is a registered dietitian or registered dietitian |
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nutritionist; |
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(2) has met the following education and experience |
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requirements: |
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(A) possesses at least a master's degree, |
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accepted by the certifying entity, conferred by a regionally |
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accredited college or university under an accredited program that |
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is recognized by the United States Secretary of Education under the |
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Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.); and |
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(B) has completed an internship, didactic |
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program, or other supervised experience or practice program in |
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dietetics practice that is accepted by the certifying entity and is |
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accredited by a body recognized by the United States Secretary of |
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Education under the Higher Education Act of 1965 (20 U.S.C. Section |
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1001 et seq.); |
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(3) has passed the examination given by the applicable |
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certifying entity; |
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(4) is in compliance with all professional, ethical, |
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and disciplinary standards established by the applicable |
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certifying entity; and |
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(5) is not subject to any disciplinary action by the |
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applicable certifying entity. |
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SECTION 4. Sections 701.2575(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The department shall develop and administer [at least |
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twice each calendar year] a jurisprudence examination to determine |
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an applicant's knowledge of this chapter, commission rules under |
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this chapter, and any other applicable laws of this state affecting |
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the applicant's dietetics practice. |
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(b) In addition to the [license] examination required by |
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Section 701.2525 [701.253], an applicant must pass a jurisprudence |
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examination to qualify for a license under this chapter. |
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SECTION 5. Section 701.304, Occupations Code, is amended to |
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read as follows: |
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Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission |
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or department may refuse to renew the license of a person who fails |
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to pay an administrative penalty imposed against the person under |
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Subchapter F, Chapter 51 [K], unless enforcement of the penalty is |
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stayed or a court has ordered that the administrative penalty is not |
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owed. |
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SECTION 6. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 701.002(9); |
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(2) Section 701.1511; |
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(3) Section 701.251(a); |
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(4) Section 701.253; |
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(5) Section 701.254; |
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(6) Section 701.403; and |
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(7) the heading to Subchapter K, Chapter 701. |
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SECTION 7. (a) The changes in law made by this Act to |
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Subchapter F, Chapter 701, Occupations Code, apply only to an |
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application for a dietitian license submitted on or after January |
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1, 2024. An application for a dietitian license submitted before |
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January 1, 2024, is governed by the law in effect immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(b) A person who holds a dietitian license under Chapter |
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701, Occupations Code, on the effective date of this Act may |
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continue to renew that license without complying with Section |
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701.2525, Occupations Code, as added by this Act. |
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(c) Notwithstanding Section 701.2525, Occupations Code, as |
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added by this Act, a person who was credentialed as a registered |
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dietitian or registered dietitian nutritionist as defined by |
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Section 701.002, Occupations Code, as amended by this Act, before |
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January 1, 2024, and who continues to hold that credential may apply |
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for a dietitian license without complying with Subchapter F, |
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Chapter 701, Occupations Code, as amended by this Act. An |
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application for a dietitian license submitted by a person described |
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by this subsection is governed by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2023. |