Licensure of dietitians and requiring the exercise of rule-making authority

This bill directs the board to license, not certify, persons as "dietitians or nutritionists." With certain exceptions, the bill prohibits a person who is not licensed from practicing dietetics or nutrition care services. The bill also prohibits, with certain exceptions, a person who is not licensed by the board from using certain titles or initials.

"Dietitian" is defined under current law as an individual who practices dietetics, which means, generally, using certain nutrition principles to achieve or maintain the health and assess the nutritional needs of and provide nutritional counseling to an individual or group of individuals.

This bill changes the title of a person licensed by the board from "dietitian" to "dietitian or nutritionist," and changes the title of the board to the Dietetics and Nutrition Care Services Affiliated Credentialing Board. In the bill, a dietitian or nutritionist is a person who practices dietetics and nutrition care services. The bill defines "dietetics and nutrition care services," generally, as the integration and application of certain scientific principles to achieve and maintain optimal human health. In the bill, the practice of dietetics and nutrition care services includes assessing nutritional needs and dietetic and nutrition therapy and excludes the retail sale of food products or vitamins.

Requirements for licensure by the board Under current law, to be certified as a dietitian or nutritionist, a person must:

1) receive a bachelor's, master's, or doctoral degree in certain nutrition fields from a college or university that the board determines is accredited or receive a degree from a program in nutrition approved by the board; 2) complete at least 900 supervised hours of dietetics practice; and 3) pass the registration examination, or its equivalent, established by the American Dietetic Association (ADA). A person who has satisfied these educational and practice requirements and who has applied to take the next available examination, may obtain a temporary dietitian certificate.

Under the bill, to be licensed by the board, a person must: 1) possess a bachelor's, master's, or doctoral degree granted from a regionally accredited college or university and complete a didactic program in dietetics approved by the ADA; 2) complete 900 supervised practice hours under a supervised practice program accredited by the ADA; and 3) pass the registration examination for dietitians established by the ADA. A person who satisfies these educational and practice requirements and who submits a letter from the ADA verifying their registration eligibility status, may obtain a temporary license.

The bill requires an applicant for renewal of a license to provide DRL with proof of registration with the ADA or satisfactory completion of continuing education requirements established by the board by rule.

Exemptions from licensure Current law exempts a person who is licensed or certified and lawfully practicing in certain fields from obtaining certification from the board provided the person practices within the scope of his or her license or certificate and does not claim to be a dietitian or licensed in a nutrition-related field. In addition, current law exempts the following from obtaining certification from the board: 1) persons who are pursuing a degree or certificate from an educational program approved by the board; 2) a dietetic technician or assistant working under the supervision of a certified dietitian; 3) a dietitian serving in the U.S. armed forces; and 4) a person who markets or distributes food and other goods, who explains the use, benefits, or preparation of food and other goods, and who furnishes nutritional information about food and other goods provided that person does not claim to be a dietitian or certified dietitian and that person complies with applicable law.

Under the bill, the following persons do not need to obtain a license from the board: 1) a licensed or certified nurse, chiropractor, dentist, physician, physical therapist, podiatrist, athletic trainer, occupational therapist, optometrist, pharmacist, or acupuncturist lawfully practicing within the scope of that license or certificate; 2) a dietitian or nutritionist serving in the U.S. armed forces; 3) a retailer that furnishes oral or written general nutrition information about food and other goods; 4) a person who is not practicing dietetics and nutrition care services who provides general nutrition information about food and other goods; and 5) a person who provides weight control services under a program of instruction approved in writing by a licensed dietitian, a physician, or a person registered as a dietitian with the ADA.