43-44 Dietitians and Nutritionists - North Dakota Statutes

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CHAPTER 43-44DIETITIANS AND NUTRITIONISTS43-44-01. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Board" means the board of dietetic practice.2."Dietetics" means the application of principles derived from integrating knowledge of
food, nutrition, biochemistry, physiology, management, and behavioral and social
science to achieve and maintain the health of people by providing nutrition
assessment and nutrition care services.3."Dietitian" includes dietician.4."General nutrition services" means the counseling of individuals or groups in the
selection of food to meet normal nutritional needs, and the assessment of nutritional
needs of individuals or groups by planning, organizing, coordinating, and evaluating
the nutritional components of community health services.5."Licensed nutritionist" means a person licensed to provide general nutrition services
as provided in this chapter.6."Licensed registered dietitian" means a person licensed to practice dietetics as
provided in this chapter.7."Nutrition assessment" means the screening and evaluation of the nutrition of
individuals and groups based upon appropriate biochemical, anthropometric,
physical, and dietary data to determine their nutritional needs and recommend
appropriate nutritional intake including enteral and parenteral nutrition.8."Nutrition care services" includes:a.Providing nutrition assessment.b.Planning or providing of food appropriate for physical and medical needs.c.Providing nutrition counseling to meet both normal and therapeutic needs.d.Providing general nutrition services and related nutrition activities.43-44-02. Board of dietetic practice - Membership - Terms - Meetings.1.The governor shall appoint a board of dietetic practice, consisting of five members,
all of whom must be residents of the state at the time of their appointment. The
persons appointed must have been engaged in the teaching or rendering of dietetics
or general nutrition services to the public, or in research in dietetics or general
nutrition services for three years immediately preceding their appointment. Three
board members must be licensed registered dietitians and one member must be a
licensed nutritionist. The members first appointed to the board need not be licensed
under this chapter for appointment to their first term on the board, but must possess
the qualifications necessary for licensure under this chapter. One member must be
appointed to represent consumers of health services.2.The governor, prior to September 1, 1985, shall appoint two board members for a
term of one year, two for a term of two years, and one for a term of three years.
Appointments made thereafter are for terms of three years, but no person may be
appointed to serve more than two consecutive full or partial terms. Terms begin onPage No. 1the first day of September and end on the last day of August or until successors are
appointed. An appointment of any member to serve out the remaining term of any
position on the board that becomes vacant must be made in the same manner as
the original appointment for that position.3.The governor may remove any board member for good cause after giving that
member a written statement of the reasons for removal and after that member has
had an opportunity for a hearing.4.The board shall meet during September of each calendar year and select a
chairperson. At least one additional meeting must be held before September of the
next calendar year. Other meetings may be convened at the call of the chairperson
or the written request of any two board members. All meetings of the board are
open to the public, except that the board may hold closed sessions to approve an
examination, or upon request of an applicant who fails an examination, to prepare a
response indicating any reason for the applicant's failure.5.Members of the board receive no compensation for their services, but are entitled to
mileage and travel expenses as provided in sections 54-06-09 and 44-08-04, and
per diem as set by the board.43-44-03.Board powers, duties, and authority.The board shall administer,coordinate, and enforce this chapter, evaluate the qualifications, and approve an examination for
licensure under this chapter. The board shall keep any records and minutes as are necessary to
carry out its functions. The board may:1.Issue subpoenas, examine witnesses, administer oaths, and investigate allegations
of practices violating this chapter.2.Adopt rules pursuant to chapter 28-32, to implement this chapter, including rules
relating to professional licensure and the establishment of ethical standards of
practice for licensed registered dietitians and licensed nutritionists.43-44-04. Board administrative authority and requirements.1.The board may employ an executive secretary and other officers and employees it
deems necessary.2.The executive secretary shall pay, upon approval of the board, all appropriate
expenses incurred by the board in the administration of this chapter.43-44-05.Fees.The board shall set and collect fees for application, initial license,renewal of license, late renewal, and limited permit. These fees must be set in such an amount
as to reimburse the board, to the extent feasible, for the cost of the services rendered.43-44-06.License required - Title - Abbreviations. A person may not practice orrepresent as able to practice as a dietitian, or use the title "dietitian", "registered dietitian",
"licensed dietitian", or "licensed registered dietitian", or the abbreviations "RD", "LD", or "LRD"
unless so licensed under this chapter. A licensed registered dietitian may use the title "licensed
registered dietitian" and the abbreviation "LRD". A person may not practice, or represent that the
person is able to practice, as a licensed nutritionist using the title "licensed nutritionist" or the
abbreviation "LN" unless so licensed under this chapter. A licensed nutritionist may use the title
"licensed nutritionist" and the abbreviation "LN".43-44-07. Requirements for licensure - Licensed nutritionist.1.An applicant for licensure as a licensed nutritionist must file a written application with
the board and:Page No. 2a.Have satisfactorily completed academic requirements required by the board,
and have received a baccalaureate degree in the field of dietetics or food and
nutrition, as approved by the board, from an accredited college or university;b.Have received a master's or doctorate degree in human nutrition, nutrition
education, foods and nutrition, or public health nutrition from an accredited
college or university, or have received a master's or doctorate degree in a
related field that meets eligibility requirements of the commission on dietetic
registration of the American dietetic association;c.Maintain membership in one of the following organizations: American institute
of nutrition, American society for clinical nutrition, or the American board of
nutrition; ord.Present evidence to the board regarding employment and competence as a
nutritionist before July 1, 1985, and the inability to meet the criteria of
subdivision a, b, or c.2.An applicant for renewal of a license as a licensed nutritionist must:a.Comply with subsection 1.b.Have satisfactorily completed continuing education requirements as specified
and approved by the board.43-44-08. Requirements for licensure - Licensed registered dietitian.1.Applicants for licensure as a licensed registered dietitian must:a.Comply with subsection 1 of section 43-44-07.b.Have satisfactorily completed the education and experience requirements for
dietitians approved by the commission on dietetic registration of the American
dietetic association.c.Have satisfactorily completed the examination approved and administered by
the commission on dietetic registration of the American dietetic association.2.Applicants for renewal of licensure as a licensed registered dietitian must:a.Comply with subsection 1.b.Have satisfactorily completed continuing education requirements specified by
the commission on dietetic registration of the American dietetic association.43-44-09. Waiver of requirements for licensure of dietitians. Upon application, theboard shall grant a license to any person certified prior to July 1, 1985, as a registered dietitian by
the commission on dietetic registration of the American dietetic association. Upon application of
any person certified by the commission on dietetic registration of the American dietetic
association after July 1, 1985, the board may waive the examination, education, and experience
requirements and grant the applicant a license if the board determines that the requirements for
certification are equivalent to the related requirements for licensure in this chapter.43-44-10. Persons excepted from license requirement. This chapter does not preventor restrict the practice, services, or activities of:1.Persons licensed to practice medicine, nursing, pharmacy, or dentistry consistent
with the accepted standards of their profession, if the persons do not represent
themselves as licensed registered dietitians or licensed nutritionists.Page No. 32.Any person pursuing a course of study in an approved program leading to a degree
in the field of dietetics from an accredited college or university, if the person is
designated by a title which clearly indicates that person's status as a student or
trainee.3.Any person in the process of fulfilling the experience requirements of section
43-44-07 or 43-44-08, if the activities and services constitute a part of the experience
necessary to meet the requirements of those sections and the person is designated
by a title which clearly indicates that person's status as a student or trainee.4.Any person who does not meet the requirements of subdivision a, b, or c of
subsection 1 of section 43-44-07, and who provides nutrition care services, including
weight control programs, under the supervision of a licensed registered dietitian, a
dietitian licensed in another state that has licensure requirements considered by the
board to be at least as stringent as the requirements for licensure under this chapter,
or a dietitian registered by the commission on dietetic registration of the American
dietetic association.5.A person practicing dietetics or providing general nutrition services as a duty of
serving in the armed forces.6.Any person practicing dietetics in this state for no more than ten days annually, if the
person has met the commonly accepted standards for the practice of dietetics
specifically defined by the board.7.Any person practicing dietetics in this state for more than ten days annually who has
pending before the board an application for licensure as a licensed registered
dietitian under this chapter.8.An educator who is in the employ of a federal, state, county, or municipal agency, or
other political subdivision, or an elementary or secondary school, or an accredited
institution of higher education insofar as the activities and services are part of the
duties of the employee's position; or who is in the employ or service of a nonprofit
organization approved by the board.9.Any person having received a baccalaureate degree in home economics, if the
person does not represent that the person is a licensed registered dietitian or
licensed nutritionist, insofar as the services and activities are within the scope of that
person's education and training.10.A person who markets or distributes food, food materials, or dietary supplements, or
any person who engages in the advising of the use of those products, or the
preparation of those products, or the counseling of individuals or groups in the
selection of products to meet normal nutritional needs, if that person does not
represent that that person is a licensed registered dietitian or licensed nutritionist.43-44-11. Issuance of license. The board shall issue a license to any person whomeets the requirements of this chapter upon payment of the prescribed fee.43-44-12. Limited permits. A limited permit to practice as a licensed registered dietitianmust be issued by the board upon application and submission of evidence of successful
completion of the education and experience requirements under subdivision b of subsection 1 of
section 43-44-08. The limited permit expires one year from the date of issuance. The limited
permit may be renewed for a period not to exceed six months upon submission to the board of a
satisfactory explanation for the applicant's failure to become licensed within the original one-year
period.43-44-13. Reciprocity. The board shall grant a license to any applicant who presentsproof of current licensure as a dietitian in another state which has licensure requirementsPage No. 4considered by the board to be at least as stringent as the requirements for licensure under this
chapter.43-44-14. Renewal of license. Any license issued under this chapter expires one yearafter it is issued unless renewed in the manner prescribed by the rules of the board. The board
may provide for the late renewal of a license upon the payment of a late fee in accordance with
its rules, but no late renewal of a license may be granted more than one year after its expiration.43-44-15. Suspension and revocation of license - Refusal to renew.1.The board may deny a license, refuse to renew a license, suspend a license, or
revoke a license, or may impose probationary conditions on a licensee if the
licensee or applicant has been found guilty of unprofessional conduct which has
endangered or is likely to endanger the health, welfare, or safety of the public.
Unprofessional conduct includes:a.Obtaining a license by means of fraud, misrepresentation, or concealment of
material facts.b.Being guilty of unprofessional conduct as defined by rules adopted by the
board, or violating any code of ethics adopted by the American dietetic
association.c.Being convicted of an offense, as defined by section 12.1-01-04, that the board
determines has a direct bearing upon a person's ability to serve the public as a
licensed registered dietitian or a licensed nutritionist or, following conviction of
any offense, if the board determines that the person is not sufficiently
rehabilitated under section 12.1-33-02.1.d.Violating any lawful order or rule of the board.e.Violating this chapter.2.A denial, refusal to renew, suspension, revocation, or imposition of probationary
conditions upon a licensee may be ordered by the board after a hearing pursuant to
rules adopted by the board. An application for reinstatement may be made to the
board one year from the date of the revocation of a license. The board may at its
discretion accept or reject an application to consider such reinstatement.43-44-16. Injunction. The civil remedy of injunction is available to the board to restrainand enjoin violations of this chapter.43-44-17.Penalty.Any person who violates this chapter is guilty of a class Bmisdemeanor.Page No. 5Document Outlinechapter 43-44 dietitians and nutritionists