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View NCGA Bill Details2017-2018 Session
Senate Bill 297 (Public) Filed Wednesday, March 15, 2017
Intro. by Brock.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 16 2017)

Bill History:

S 297

Bill Summaries:

  • Summary date: Mar 15 2017 - View Summary

    Identical to H 357 filed on 3/14/17.

    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, now 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. Provides that members appointed prior to July 1, 2017, must continue to serve until their terms expire and they are not reappointed, so long as, beginning July 1, 2017, two members on the Board are licensed nutritionists as required. 

    Amends GS 90-356, concerning the powers and responsibilities of the Board, making technical changes and providing that as of July 1, 2017, no rule making can be performed by the Board until two licensed nutritionists are appointed. Also adds the requirement that the Board (1) publish and make publicly available the records of any Board action that resulted in disciplinary action or criminal action by the State and (2) request that the Department of Public Safety conduct criminal history record checks of licensure applicants.

    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 education, supervised practice experience, and examination requirements. Also sets out procedures and application requirements for applicants to become licensed as a nutritionist, including specified education, 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.

    Enacts GS 90-357.6, Criminal history record checks of applicants for licensure, requiring applicants to consent to a criminal history record check, and authorizing and directing the Board to request and ensure a criminal history record check is conducted on all applicants. Provides that the applicant will bear the cost of the criminal history record check and fingerprinting. Directs the Board to consider seven listed factors when determining whether to issue a license to an applicant with a criminal conviction, including the level of seriousness and date of the crime. Authorizes the applicant to appear before the Board to appeal its decision, and provides that an appearance exhausts administrative remedies. Grants civil immunity to the Board, its officers, and employees, for denying a licensure to an applicant based on information in the applicant's criminal history record check.

    Amends GS 90-359, concerning competency examinations, requiring that the examination include several listed examinations administered by several listed organizations. Authorizes the Board to include other examinations accredited by the National Commission for Certifying Agencies for specified graduates from certain colleges and universities approved by a two-thirds vote of the Board.

    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 provide medical nutrition therapy without a license. Also provides that without a license the title "dietitian/nutritionist" or "nutritionist" cannot be used, the words "licensed nutritionist" cannot be used, and one cannot 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, 2017, and applies to acts committed on or after that date.

    Enacts new GS 90-365.5, Telepractice, requiring an individual providing dietetic/nutritional services by telepractice to comply with the licensing and disciplinary provisions of Article 25 of GS Chapter 90.

    Enacts new GS 90-365.6, Enteral and parenteral nutrition therapy. Defines the therapy and requires it to be ordered by a registered dietitian nutritionist, a certified nutrition support clinician, or an individual who is otherwise in compliance with the requirements set forth in rules adopted by the Board. Does not restrict the authorization of other licensed health care practitioners to order therapeutic diets within the scope of their license.

    Amends GS 90-368 concerning the applicability of the provisions of this Article, making conforming, 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 do not constitute medical nutrition therapy, provided they do not hold themselves out as one of the specified licensed professionals. Removes the provision exempting employees or independent contractors of a hospital or health care facility.

    Enacts new GS 143B-966 to authorize the Department of Public Safety to provide the Board with a criminal history record for applicants for licensure by the Board, and specifies the requirements for the Board's request.

    Except as otherwise stated, effective July 1, 2017.