88S30102 SHH-F
 
  By: Zaffirini S.B. No. 18
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of dietitians.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 701.002, Occupations Code, is amended by
  amending Subdivision (1-a) and adding Subdivisions (1-b), (1-c),
  (10), and (11) to read as follows:
               (1-a)  "Certifying entity" means:
                     (A)  the Commission on Dietetic Registration; or
                     (B)  another entity that has standards equivalent
  to the standards of the entity described by Paragraph (A), is
  accredited by the National Commission for Certifying Agencies to
  issue credentials for the professional practice of dietetics, and
  is approved by the department.
               (1-b)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-c)  "Commission on Dietetic Registration" means the
  commission that is accredited by the National Commission for
  Certifying Agencies to issue credentials for the professional
  practice of dietetics.
               (10)  "Registered dietitian" means a person who is
  credentialed by a certifying entity as a registered dietitian.
               (11)  "Registered dietitian nutritionist" means a
  person who is credentialed by a certifying entity as a registered
  dietitian nutritionist.
         SECTION 2.  Sections 701.251(b) and (c), Occupations Code,
  are 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" [or "provisional licensed
  dietitian"] or use the letters "LD" [or "PLD"]; or
               (2)  use a facsimile of that title [those titles] to
  indicate or imply that the person is a licensed dietitian [or
  provisional licensed dietitian].
         (c)  Unless the person is a [dietitian] registered dietitian
  or registered dietitian nutritionist [by the Commission on Dietetic
  Registration], a person may not, as applicable:
               (1)  use the title or represent or imply that the person
  has the title "registered dietitian" or "registered dietitian
  nutritionist" or use the letters "RD" or "RDN"; or
               (2)  use a facsimile of those titles [that title] to
  indicate or imply that the person is a [dietitian] registered
  dietitian or registered dietitian nutritionist [by the Commission
  on Dietetic Registration].
         SECTION 3.  Subchapter F, Chapter 701, Occupations Code, is
  amended by adding Section 701.2525 to read as follows:
         Sec. 701.2525.  LICENSE QUALIFICATIONS. An applicant for a
  dietitian license must provide evidence satisfactory to the
  department that the applicant:
               (1)  is a registered dietitian or registered dietitian
  nutritionist;
               (2)  has met the following education and experience
  requirements:
                     (A)  possesses at least a master's degree,
  accepted by the certifying entity, conferred by a regionally
  accredited college or university under an accredited program that
  is recognized by the United States Secretary of Education under the
  Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.); and
                     (B)  has completed an internship, didactic
  program, or other supervised experience or practice program in
  dietetics practice that is accepted by the certifying entity and is
  accredited by a body recognized by the United States Secretary of
  Education under the Higher Education Act of 1965 (20 U.S.C. Section
  1001 et seq.);
               (3)  has passed the examination given by the applicable
  certifying entity;
               (4)  is in compliance with all professional, ethical,
  and disciplinary standards established by the applicable
  certifying entity; and
               (5)  is not subject to any disciplinary action by the
  applicable certifying entity.
         SECTION 4.  Sections 701.2575(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The department shall develop and administer [at least
  twice each calendar year] a jurisprudence examination to determine
  an applicant's knowledge of this chapter, commission rules under
  this chapter, and any other applicable laws of this state affecting
  the applicant's dietetics practice.
         (b)  In addition to the [license] examination required by
  Section 701.2525 [701.253], an applicant must pass a jurisprudence
  examination to qualify for a license under this chapter.
         SECTION 5.  Section 701.304, Occupations Code, is amended to
  read as follows:
         Sec. 701.304.  GROUNDS FOR REFUSING RENEWAL. The commission
  or department may refuse to renew the license of a person who fails
  to pay an administrative penalty imposed against the person under
  Subchapter F, Chapter 51 [K], unless enforcement of the penalty is
  stayed or a court has ordered that the administrative penalty is not
  owed.
         SECTION 6.  The following provisions of the Occupations Code
  are repealed:
               (1)  Section 701.002(9);
               (2)  Section 701.1511;
               (3)  Section 701.251(a);
               (4)  Section 701.253;
               (5)  Section 701.254; and
               (6)  Section 701.403.
         SECTION 7.  (a) The changes in law made by this Act to
  Subchapter F, Chapter 701, Occupations Code, apply only to an
  application for a dietitian license submitted on or after June 1,
  2024. An application for a dietitian license submitted before June
  1, 2024, is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         (b)  A person who holds a dietitian license under Chapter
  701, Occupations Code, on the effective date of this Act may
  continue to renew that license without complying with Section
  701.2525, Occupations Code, as added by this Act.
         (c)  Notwithstanding Section 701.2525, Occupations Code, as
  added by this Act, a person who was credentialed as a registered
  dietitian or registered dietitian nutritionist as defined by
  Section 701.002, Occupations Code, as amended by this Act, before
  June 1, 2024, and who continues to hold that credential may apply
  for a dietitian license without complying with Subchapter F,
  Chapter 701, Occupations Code, as amended by this Act. An
  application for a dietitian license submitted by a person described
  by this subsection is governed by the law in effect immediately
  before the effective date of this Act, and the former law is
  continued in effect for that purpose.
         SECTION 8.  This Act takes effect on the 91st day after the
  last day of the legislative session.