MODERNIZE DIETETICS/NUTRITION PRACTICE ACT.

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View NCGA Bill Details2015-2016 Session
House Bill 796 (Public) Filed Tuesday, April 14, 2015
AN ACT EXPANDING THE ABILITY OF QUALIFIED NUTRITION PROFESSIONALS TO PRACTICE IN THIS STATE AND TO AMEND THE DIETETICS/NUTRITION PRACTICE ACT.
Intro. by B. Brown.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 30 2015)

SOG comments (1):

Change Long Title

House committee substitute to 1st edition changed long title.  Long title was AN ACT EXPANDING THE ABILITY OF QUALIFIED NUTRITION PROFESSIONALS TO PRACTICE IN THIS STATE. 

H 796

Bill Summaries:

  • Summary date: Apr 29 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes all of the provisions of the previous edition:

    Amends GS 90-351, making a clarifying change.

    Amends GS 90-352 making technical changes and to add and define new terms including ACEND, certified nutrition specialist, diplomate of the American Clinical Board of Nutrition, medical nutrition therapy, nutrition, registered dietitian nutritionist, and telepractice. Amends the definition of nutrition care services.

    Amends the membership of the NC Board of Dietetics/Nutrition (Board) as follows, requiring (1) three members to be dietitians/nutritionists, (2) two members to be nutritionists, (3) one member to be a physician, and (4) one member to represent the public at large. Amends the qualification requirements of the members above as specified, including requiring that the licensed physician member of the Board be a citizen of the United States and a resident of North Carolina. 

    Amends GS 90-354, concerning the appointment and removal of the above Board members, providing that the Governor will appoint one licensed dietitian/nutritionist as specified, the licensed physician, and the public member (previously appointed the professional member and two public members). Provides that the Speaker of the House and the President Pro Tempore each will appoint one licensed dietitian/nutritionist and one licensed nutritionist, with qualification requirements as specified. Adds language providing that members appointed prior to July 1, 2015, must continue to serve until their terms expire and they are not reappointed, so long as, beginning July 1, 2015, two members on the Board are licensed nutritionists as required. 

    Amends GS 90-356, concerning the powers and responsibility of the Board, making technical changes and providing that as of July 1, 2015, no rule making can be performed by the Board until two licensed nutritionists are appointed. Also adds the requirement that the Board publish and make publicly available the records of any Board action that resulted in disciplinary action or criminal action by the State.

    Repeals GS 90-357, requirements for licensing as a dietitian/nutritionist.

    Enacts GS 90-357.5, License requirements, setting out procedures and application requirements for applicants to become licensed as a dietitian/nutritionist, including criteria that must be met to qualify for the license, such as specified educational, supervised practice experience, and examination requirements. Also sets out procedures and application requirements for applicants to become licensed as a nutritionist, including specified educational, supervised practice experience, and examination requirements and criteria that must be met, such as successful completion of the examination administered by the Board for Certification of Nutrition Specialists or another approved examination. 

    Amends GS 90-359, concerning competency examinations, providing that the examinations from the Board for Certification of Nutrition Specialists and the American Clinical Board of Nutrition are approved to be given to qualified applicants for licensing.

    Amends GS 90-360, concerning the granting of licenses without examination, providing that licenses can be granted for dietitians/nutritionists or nutritionists to individuals that have met the examination requirements of GS 90-359 and hold a valid license or certification form another state or territory (previously, a license to be a dietitian/nutritionist could be granted in North Carolina without meeting any examination requirements if the person holds a valid license to be a licensed dietitian/nutritionist from another state or territory). 

    Amends GS 90-361, concerning provisional licenses, making conforming and technical changes. 

    Amends GS 90-363, concerning the suspension, revocation, and refusal to renew licenses, making clarifying, conforming and technical changes. 

    Amends GS 90-365 to make it illegal to practice medical nutrition therapy without a license. Also provides that without a license you cannot use the title "dietitian/nutritionist" or "nutritionist," use the words "licensed nutritionist" alone, or hold oneself out as a dietitian or nutritionist. Makes technical changes and conforming changes. Adds new subsection (b) setting out provisions which highlight the permissive uses of titles and designations by specified licensed individuals. Effective October 1, 2015, applying to acts committed on or after that date. 

    Amends GS 90-368 concerning the applicability of the provisions of this Article, making clarifying and technical changes. Also adds language that provides that the provisions do not apply to individuals who provide nutrition services without pay to family members and those that provide specified nutrition information and guidance that does not constitute medical nutrition therapy, provided they do not hold themselves out as one of the specified licensed professionals. 

    Enacts GS 90-371, Enteral and parenteral nutrition therapy, providing that enteral and parenteral nutrition therapy consist of enteral feedings or specialized intravenous solutions and can only be ordered by an individual licensed as specified that meets specified criteria. Adds clarifying language concerning the ordering of therapeutic diets.

    Amends the act's long title.

     


  • Summary date: Apr 16 2015 - View Summary

    Amends GS 90-352 to add and define the term medical nutrition therapy as the provision of nutrition care services to maintain or treat a medical condition. Makes technical changes.

    Amends GS 90-365 to no longer make it illegal to engage in the practice of dietetics/nutrition without a license and makes it illegal to practice medical nutrition therapy without a license. Makes technical changes.

    Effective July 1, 2015.