1.1                          A bill for an act
  1.2             relating to health; exempting acupuncturists from 
  1.3             dietitian and nutritionist licensing requirements; 
  1.4             changing membership terms of the board of dietetics 
  1.5             and nutrition practice; amending Minnesota Statutes 
  1.6             1994, sections 148.622, subdivision 3; and 148.632, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 148.622, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [MEMBERSHIP TERMS; OFFICERS; QUORUM; EXPENSES.] 
  1.12  (a) Members must be appointed for staggered terms of four years, 
  1.13  with terms beginning August 1 of each even-numbered year.  The 
  1.14  terms of the initial board members shall be determined by lot as 
  1.15  follows:  three two members shall be appointed for terms that 
  1.16  expire August 1, 1999 1998; two members must be appointed for 
  1.17  terms that expire August 1, 1997; one member must be appointed 
  1.18  for a term that expires August 1, 1996; and two members must be 
  1.19  appointed for terms that expire August 1, 1995.  Members of the 
  1.20  board serve until the expiration of the term to which they have 
  1.21  been appointed or until their successors have qualified.  A 
  1.22  person may not be appointed to serve more than two consecutive 
  1.23  terms. 
  1.24     (b) The board shall organize annually and select a chair 
  1.25  and vice-chair. 
  1.26     (c) Four members of the board, including two professional 
  2.1   members and two public members, constitute a quorum to do 
  2.2   business. 
  2.3      (d) The board shall hold at least two regular meetings each 
  2.4   year.  Additional meetings may be held at the call of the chair 
  2.5   or at the written request of any three members of the board.  At 
  2.6   least 14 days' written advance notice of the board meeting is 
  2.7   required. 
  2.8      (e) Board members receive compensation for their services 
  2.9   in accordance with section 15.0575. 
  2.10     Sec. 2.  Minnesota Statutes 1994, section 148.632, 
  2.11  subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [PERSONS EXCEPTED FROM THE LICENSING 
  2.13  REQUIREMENT.] Nothing in sections 148.621 to 148.633 prevents or 
  2.14  restricts the activities of: 
  2.15     (1) any person pursuing a degree in dietetics or nutrition 
  2.16  at an accredited college or university who is practicing under 
  2.17  the supervision of a licensed dietitian or licensed nutritionist 
  2.18  and in accordance with accepted scientific knowledge and 
  2.19  standards of practice, provided that the person is designated by 
  2.20  a title which clearly indicates the person's status as a student 
  2.21  or trainee; 
  2.22     (2) any person in the process of fulfilling the 
  2.23  professional experience requirements in dietetics or nutrition 
  2.24  necessary for licensure who is practicing under the supervision 
  2.25  of a licensed dietitian or licensed nutritionist and in 
  2.26  accordance with accepted scientific knowledge and standards of 
  2.27  practice, provided that the person is designated by a title 
  2.28  which clearly indicates the person's status as a trainee; 
  2.29     (3) any person licensed to practice medicine, nursing, 
  2.30  optometry, psychology, pharmacy, dentistry, acupuncture, or 
  2.31  chiropractic, when nutrition practice is incidental to the 
  2.32  practice of the person's profession and the person does not hold 
  2.33  out as a dietitian or nutritionist unless so licensed; 
  2.34     (4) any person, including a registered dietetic technician, 
  2.35  dietetic technician, or other paraprofessional working in a 
  2.36  program supervised by a licensed dietitian or nutritionist, if 
  3.1   the person's activities are within the scope of the person's 
  3.2   education and training and in accordance with accepted 
  3.3   scientific knowledge and standards of practice in nutrition or 
  3.4   dietetics and the person does not hold out as a dietitian or 
  3.5   nutritionist unless so licensed; 
  3.6      (5) any person who provides weight control services, 
  3.7   provided the nutrition program has been reviewed by, 
  3.8   consultation is available from, and no program change can be 
  3.9   initiated without prior approval by an individual licensed under 
  3.10  sections 148.621 to 148.633, a dietitian licensed in another 
  3.11  state that has licensure requirements considered by the board to 
  3.12  be at least as stringent as the requirements for licensure under 
  3.13  sections 148.621 to 148.633, or a registered dietitian, and 
  3.14  provided that the person does not hold out as a dietitian or 
  3.15  nutritionist unless so licensed; 
  3.16     (6) any home economist with a baccalaureate or graduate 
  3.17  degree from an accredited college or university, if the person's 
  3.18  activities are within the scope of the person's education and 
  3.19  training and in accordance with accepted scientific knowledge 
  3.20  and standards of practice and the person does not hold out as a 
  3.21  dietitian or nutritionist; 
  3.22     (7) any person employed by a federal, state, county, or 
  3.23  municipal agency, elementary or secondary school, regionally 
  3.24  accredited institution of higher education, or nonprofit agency, 
  3.25  if the person's activities are within the scope of the person's 
  3.26  employment and the person does not hold out as a dietitian or 
  3.27  nutritionist unless so licensed; 
  3.28     (8) any person who furnishes nutrition information on food, 
  3.29  food materials, or dietary supplements or engages in the 
  3.30  explanation to customers about foods or food products in 
  3.31  connection with the marketing and distribution of those products 
  3.32  provided that the person does not hold out as a dietitian or 
  3.33  nutritionist unless so licensed; 
  3.34     (9) any person who is recognized in the community as a 
  3.35  provider of nutritional advice, including a curandero or 
  3.36  medicine man or woman, and who advises people according to or 
  4.1   based on traditional practices provided the person does not hold 
  4.2   out as a dietitian or nutritionist unless so licensed; 
  4.3      (10) any animal nutritionist who does not meet the 
  4.4   requirements of sections 148.621 to 148.633, provided that the 
  4.5   person's activities are limited to the nutritional care of 
  4.6   animals.  Animal nutritionists may continue to use the title 
  4.7   nutritionist so long as they provide nutrition services only to 
  4.8   animals; 
  4.9      (11) any person who provides nutrition services without 
  4.10  remuneration to family members; or 
  4.11     (12) any person involved in dietary or nutritional 
  4.12  counseling pursuant to a research study supervised by a 
  4.13  Minnesota institution of higher learning or state agency which 
  4.14  has been approved by an institutional review board to ensure the 
  4.15  informed consent and safety of study participants.