Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 613-H.F.No. 1316
An act relating to occupations and professions;
establishing a board of nutrition and dietetics
practice; requiring nutritionists and dietitians to be
licensed; establishing licensing requirements and
exemptions; authorizing rulemaking; providing
penalties; appropriating money; amending Minnesota
Statutes 1992, sections 214.01, subdivision 2; and
214.04, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 148.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [PURPOSE.]
The practice of dietetics and nutrition services in the
state of Minnesota affects public health, safety, and welfare
and is subject to regulation and control in the public
interest. The practice of dietetic and nutrition services plays
an important part in the attainment and maintenance of health
and it is in the public's best interest that persons who
represent themselves as providers of services in these areas
need specific requirements and qualifications. The facts shall
be liberally construed to best carry out these objectives and
purposes.
Sec. 2. [148.621] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 2 to 14.
Subd. 2. [ACCREDITED COLLEGE OR UNIVERSITY.] "Accredited
college or university" means a college or university accredited
by the regional accrediting agencies recognized by the council
on post-secondary accreditation, and the United States
Department of Education at the time the degree was conferred.
Subd. 3. [ASSOCIATION.] "Association" means the American
Dietetic Association.
Subd. 4. [BOARD.] "Board" means the board of dietetics and
nutrition practice.
Subd. 5. [COMMISSION.] "Commission" means the Commission
on Dietetic Registration that is a member of the National
Commission on Health Certifying Agencies, which national
commission establishes national standards of competence for
individuals participating in the health care delivery system.
Subd. 6. [COMMISSIONER.] "Commissioner" means the
commissioner of health.
Subd. 7. [DIETITIAN.] "Dietitian" means an individual who
engages in dietetics or nutrition practice and uses the title
dietitian.
Subd. 8. [NUTRITIONIST.] "Nutritionist" means an
individual who engages in dietetics or nutrition practice and
uses the title nutritionist.
Subd. 9. [DIETETICS OR NUTRITION PRACTICE.] "Dietetics or
nutrition practice" means the integration and application of
scientific principles of food, nutrition, biochemistry,
physiology, food management, and behavioral and social sciences
to achieve and maintain human health through the provision of
nutrition care services.
Subd. 10. [NUTRITION CARE SERVICES.] "Nutrition care
services" means:
(1) assessment of the nutritional needs of individuals or
groups;
(2) establishment of priorities, goals, and objectives to
meet nutritional needs;
(3) provision of nutrition counseling for both normal and
therapeutic needs;
(4) development, implementation, and management of
nutrition care services; or
(5) evaluation, adjustment, and maintenance of appropriate
standards of quality in nutrition care.
Subd. 11. [NUTRITIONAL ASSESSMENT.] "Nutritional
assessment" means the evaluation of the nutritional needs of
individuals or groups based on appropriate biochemical,
anthropometric, physical, and dietary data to determine nutrient
needs and recommend appropriate nutritional intake.
Subd. 12. [NUTRITION COUNSELING.] "Nutrition counseling"
means advising and assisting individuals or groups on
appropriate nutritional intake by integrating information from
the nutritional assessment with information on food and other
sources of nutrients and meal preparation consistent with
cultural background and socioeconomic status.
Subd. 13. [PERSON.] "Person" means an individual,
corporation, partnership, or other legal entity.
Sec. 3. [148.622] [BOARD OF DIETETICS AND NUTRITION
PRACTICE.]
Subdivision 1. [CREATION.] The board of dietetics and
nutrition practice consists of seven members appointed by the
governor.
Subd. 2. [MEMBERSHIP.] Members of the board must have been
residents of the state of Minnesota for two years immediately
preceding appointment and must represent various geographic
areas of the state and various employment settings, as required
by this section. Two members must be dietitians registered with
the commission with at least three years of dietetics practice
in Minnesota. Two members must be nutritionists with at least
three years of nutrition practice in Minnesota. The
professional members first appointed need not be licensed under
this chapter for appointment to their first terms on the board,
but must possess the qualifications necessary for licensure
under this chapter. Three other members must be public members
as defined under section 214.02. Two of the public members must
be consumers of nutrition care services or caregivers of those
utilizing such services.
Subd. 3. [MEMBERSHIP TERMS; OFFICERS; QUORUM;
EXPENSES.] (a) Members must be appointed for staggered terms of
four years, with terms beginning August 1 of each even-numbered
year. The terms of the initial board members shall be
determined by lot as follows: three members shall be appointed
for terms that expire August 1, 1999; two members must be
appointed for terms that expire August 1, 1997; and two members
must be appointed for terms that expire August 1, 1995. Members
of the board serve until the expiration of the term to which
they have been appointed or until their successors have
qualified. A person may not be appointed to serve more than two
consecutive terms.
(b) The board shall organize annually and select a chair
and vice-chair.
(c) Four members of the board, including two professional
members and two public members, constitute a quorum to do
business.
(d) The board shall hold at least two regular meetings each
year. Additional meetings may be held at the call of the chair
or at the written request of any three members of the board. At
least 14 days' written advance notice of the board meeting is
required.
(e) Board members receive compensation for their services
in accordance with section 15.0575.
Sec. 4. [148.623] [DUTIES OF THE BOARD.]
The board shall:
(1) adopt rules necessary to administer and enforce
sections 2 to 14;
(2) administer, coordinate, and enforce sections 2 to 14;
(3) evaluate the qualifications of applicants;
(4) issue subpoenas, examine witnesses, and administer
oaths;
(5) conduct hearings and keep records and minutes necessary
to the orderly administration of sections 2 to 14;
(6) investigate persons engaging in practices that violate
sections 2 to 14; and
(7) adopt rules under chapter 14 prescribing a code of
ethics for licensees.
Sec. 5. [148.624] [LICENSURE; RENEWAL.]
Subdivision 1. [DIETETICS.] The board shall issue a
license as a dietitian to a person who files a completed
application, pays all required fees, and certifies and furnishes
evidence satisfactory to the board that the applicant:
(1) meets the following qualifications:
(i) has received a baccalaureate or postgraduate degree
from a United States regionally accredited college or university
with a major in dietetics, human nutrition, nutrition education,
food and nutrition, or food services management;
(ii) has completed a documented supervised preprofessional
practice experience component in dietetic practice of not less
than 900 hours under the supervision of a registered dietitian,
a state licensed nutrition professional, or an individual with a
doctoral degree conferred by a United States regionally
accredited college or university with a major course of study in
human nutrition, nutrition education, food and nutrition,
dietetics, or food systems management. Supervised practice
experience must be completed in the United States or its
territories. Supervisors who obtain their doctoral degree
outside the United States and its territories must have their
degrees approved by the board as equivalent to the doctoral
degree conferred by a United States regionally accredited
college or university; and
(iii) has successfully completed the registration
examination for dietitians administered by the commission; or
(2) has a valid current registration with the commission
which gives the applicant the right to use the term "registered
dietitian" or "R.D."
Subd. 2. [NUTRITION.] The board shall issue a license as a
nutritionist to a person who files a completed application, pays
all required fees, and certifies and furnishes evidence
satisfactory to the board that the applicant:
(1) meets the following qualifications:
(i) has received a master's or doctoral degree from an
accredited or approved college or university with a major in
human nutrition, public health nutrition, clinical nutrition,
nutrition education, community nutrition, or food and nutrition;
and
(ii) has completed a documented supervised preprofessional
practice experience component in dietetic practice of not less
than 900 hours under the supervision of a registered dietitian,
a state licensed nutrition professional, or an individual with a
doctoral degree conferred by a United States regionally
accredited college or university with a major course of study in
human nutrition, nutrition education, food and nutrition,
dietetics, or food systems management. Supervised practice
experience must be completed in the United States or its
territories. Supervisors who obtain their doctoral degree
outside the United States and its territories must have their
degrees validated as equivalent to the doctoral degree conferred
by a United States regionally accredited college or university;
or
(2) has qualified as a diplomate of the American Board of
Nutrition, Springfield, Virginia.
Subd. 3. [PETITION.] (a) The board may issue a license as
a nutritionist to a person who submits to the board a petition
for individual review, provided the person has received a
master's or doctoral degree from an accredited college or
university with a major course of study that includes an
emphasis in human nutrition and has completed a supervised
preprofessional experience component in nutrition practice of
not less than 900 hours under the supervision of a registered
dietitian, a state licensed health care practitioner, or an
individual with a doctoral degree conferred by a United States
regionally accredited college or university with a major course
of study in human nutrition, nutrition education, food and
nutrition, dietetics, or food system management. Supervised
practice experience must be completed in the United States or
its territories. Supervisors who obtain their degree outside
the United States and its territories must have their degrees
approved by the board as equivalent to a comparable degree
conferred by a United States regionally accredited college or
university.
(b) The board may issue a license as a dietitian or
nutritionist to an applicant who has completed a course of study
at a foreign college or university, if the applicant:
(1) submits a petition for individual review;
(2) successfully completes a course of study approved by
the board as equivalent to a baccalaureate or master's degree
conferred by a United States regionally accredited college or
university; and
(3) meets the applicable experiential requirements set by
the board.
Subd. 4. [RENEWAL.] Licensees shall renew licenses at the
time and in the manner established by the rules of the board.
Sec. 6. [148.625] [APPLICATION.]
A person desiring a license under sections 2 to 14 shall
apply to the board on a form and in the manner the board
prescribes. The application must be accompanied by an
application fee in an amount determined by the board.
Sec. 7. [148.626] [CONTINUING EDUCATION REQUIRED.]
Within three years of the effective date of sections 2 to
14, renewal of a license is contingent on the applicant meeting
uniform continuing education requirements established by the
board. Notice of initial or amended continuing education
requirements must be sent to all persons licensed under sections
2 to 14 at least 12 months before a person's license renewal is
dependent on satisfaction of those requirements. Continuing
education requirements must be sent to new applicants with the
forms on which they are to apply for licensure.
Sec. 8. [148.627] [TRANSITION PERIOD.]
Subdivision 1. [DIETITIANS.] For one year after the
effective date of rules adopted by the board under section 4,
the board shall issue a license as a dietitian to an applicant
who is a qualified dietitian as defined by the division of
health resources of the department of health and has practiced
nutrition or dietetics in good standing for the equivalent of
one year full time during the last five years.
Subd. 2. [NUTRITIONISTS.] For one year after the effective
date of rules adopted by the board under section 4, the board
shall issue a license as a nutritionist to an applicant who has
received a qualifying master's or doctoral degree and has
practiced nutrition or dietetics in good standing for the
equivalent of one year during the last five years.
Subd. 3. [CLINICAL NUTRITIONISTS.] For one year after the
effective date of rules adopted by the board under section 4,
the board shall issue a license as a nutritionist to an
applicant who is a certified clinical nutritionist, certified by
the International and American Association of Clinical
Nutritionists who meets the standards for certification and
recertification established by the Clinical Nutrition
Certification Board and works in cooperation with a medical
doctor.
Subd. 4. [NUTRITION SPECIALISTS.] For one year after the
effective date of rules adopted by the board under section 4,
the board shall issue a license as a nutritionist to an
applicant who is a certified nutrition specialist, certified by
the Board for Nutrition Specialists.
Subd. 5. [NOTICE.] Within 30 days of the effective date of
the rules adopted by the board under section 4, the board shall:
(1) notify dietitians and nutritionists of the existence of
the rules by issuing notifications in dietitian and nutritionist
trade publications;
(2) notify all Minnesota educational institutions which
grant degrees in majors which prepare individuals for dietetics
or nutrition practice of the existence of the rules; and
(3) provide copies of the rules upon request to interested
individuals.
Sec. 9. [148.628] [RECIPROCITY.]
The board may issue a license to an applicant who is
licensed as a dietitian or nutritionist in another state or the
District of Columbia, provided that in the judgment of the board
the standards for licensure in that state are not less stringent
than the requirements set forth in sections 2 to 14.
Sec. 10. [148.629] [DENIAL, SUSPENSION, OR REVOCATION.]
Subdivision 1. [GROUNDS.] The board may refuse to renew or
grant a license to, or may suspend, revoke, or restrict the
license of an individual whom the board, after a hearing under
the contested case provisions of chapter 14, determines:
(1) is incompetent to engage in dietetic or nutrition
practice, or is found to be engaged in dietetic or nutrition
practice in a manner harmful or dangerous to a client or to the
public;
(2) has violated the rules of the board or the statutes the
board is empowered to enforce;
(3) has obtained or attempted to obtain a license or
license renewal by bribery or fraudulent representation;
(4) has knowingly made a false statement on a form required
by the board for licensing or license renewal; or
(5) has sold any dietary supplement product if the sale of
that product resulted in financial benefit to the individual.
Subd. 2. [RESTORING LICENSE.] For reasons it finds
sufficient, the board may grant a license previously refused,
restore a license that has been revoked, or reduce a period of
suspension or restriction of a license.
Subd. 3. [REVIEW.] Suspension, revocation, or restriction
of a license must be reviewed by the board at the request of the
licensee against whom the disciplinary action was taken.
Sec. 11. [148.630] [LICENSE REQUIRED.]
(a) No person may engage in dietetics or nutrition practice
unless the person is licensed as a dietitian or nutritionist by
the board. No person may use the title "dietitian," "licensed
dietitian," "nutritionist," "licensed nutritionist," or any
occupational title using the word "dietitian" or "nutritionist"
unless so licensed by the board, nor shall any person hold out
as a dietitian or nutritionist unless so licensed.
(b) Notwithstanding any other provision of sections 2 to
14, a dietitian registered by the commission shall have the
right to use the title "registered dietitian" and the
designation "R.D." Notwithstanding any other provision of
sections 2 to 14, a dietetic technician registered by the
commission on dietetic registration shall have the right to use
the title "dietetic technician registered" and the designation
"D.T.R."
Sec. 12. [148.631] [PENALTY.]
A person who violates sections 2 to 14 is guilty of a
misdemeanor. If a person other than a licensed dietitian or
nutritionist engages in an act or practice constituting an
offense under sections 2 to 14, a district court on application
of the board may issue an injunction or other appropriate order
restraining the act or practice.
Sec. 13. [148.632] [EXEMPTIONS; VOLUNTARY LICENSING.]
Subdivision 1. [PERSONS EXCEPTED FROM THE LICENSING
REQUIREMENT.] Nothing in sections 2 to 14 prevents or restricts
the activities of:
(1) any person pursuing a degree in dietetics or nutrition
at an accredited college or university who is practicing under
the supervision of a licensed dietitian or licensed nutritionist
and in accordance with accepted scientific knowledge and
standards of practice, provided that the person is designated by
a title which clearly indicates the person's status as a student
or trainee;
(2) any person in the process of fulfilling the
professional experience requirements in dietetics or nutrition
necessary for licensure who is practicing under the supervision
of a licensed dietitian or licensed nutritionist and in
accordance with accepted scientific knowledge and standards of
practice, provided that the person is designated by a title
which clearly indicates the person's status as a trainee;
(3) any person licensed to practice medicine, nursing,
optometry, psychology, pharmacy, dentistry, or chiropractic,
when nutrition practice is incidental to the practice of the
person's profession and the person does not hold out as a
dietitian or nutritionist unless so licensed;
(4) any person, including a registered dietetic technician,
dietetic technician, or other paraprofessional working in a
program supervised by a licensed dietitian or nutritionist, if
the person's activities are within the scope of the person's
education and training and in accordance with accepted
scientific knowledge and standards of practice in nutrition or
dietetics and the person does not hold out as a dietitian or
nutritionist unless so licensed;
(5) any person who provides weight control services,
provided the nutrition program has been reviewed by,
consultation is available from, and no program change can be
initiated without prior approval by an individual licensed under
sections 2 to 14, 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 sections 2 to
14, or a registered dietitian, and provided that the person does
not hold out as a dietitian or nutritionist unless so licensed;
(6) any home economist with a baccalaureate or graduate
degree from an accredited college or university, if the person's
activities are within the scope of the person's education and
training and in accordance with accepted scientific knowledge
and standards of practice and the person does not hold out as a
dietitian or nutritionist;
(7) any person employed by a federal, state, county, or
municipal agency, elementary or secondary school, regionally
accredited institution of higher education, or nonprofit agency,
if the person's activities are within the scope of the person's
employment and the person does not hold out as a dietitian or
nutritionist unless so licensed;
(8) any person who furnishes nutrition information on food,
food materials, or dietary supplements or engages in the
explanation to customers about foods or food products in
connection with the marketing and distribution of those products
provided that the person does not hold out as a dietitian or
nutritionist unless so licensed;
(9) any person who is recognized in the community as a
provider of nutritional advice, including a curandero or
medicine man or woman, and who advises people according to or
based on traditional practices provided the person does not hold
out as a dietitian or nutritionist unless so licensed;
(10) any animal nutritionist who does not meet the
requirements of sections 2 to 14, provided that the person's
activities are limited to the nutritional care of animals.
Animal nutritionists may continue to use the title nutritionist
so long as they provide nutrition services only to animals;
(11) any person who provides nutrition services without
remuneration to family members; or
(12) any person involved in dietary or nutritional
counseling pursuant to a research study supervised by a
Minnesota institution of higher learning or state agency which
has been approved by an institutional review board to ensure the
informed consent and safety of study participants.
Subd. 2. [VOLUNTARY LICENSING.] The licensing of persons
employed by facilities licensed under chapters 144 and 144A is
voluntary. Nothing in sections 2 to 14 prevents or restricts
the activities of persons employed by these institutions.
Sec. 14. [148.633] [DISPOSITION OF FUNDS.]
Money received by the board under sections 2 to 14 must be
credited to the health occupations licensing account within the
special revenue fund.
Sec. 15. Minnesota Statutes 1992, section 214.01,
subdivision 2, is amended to read:
Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
licensing board" means the board of examiners of nursing home
administrators established pursuant to section 144A.19, the
board of medical practice created pursuant to section 147.01,
the board of nursing created pursuant to section 148.181, the
board of chiropractic examiners established pursuant to section
148.02, the board of optometry established pursuant to section
148.52, the board of psychology established pursuant to section
148.90, the social work licensing board pursuant to section
148B.19, the board of marriage and family therapy pursuant to
section 148B.30, the mental health practitioner advisory council
established pursuant to section 148B.62, the board of dietetics
and nutrition practice established under section 148.622, the
board of dentistry established pursuant to section 150A.02, the
board of pharmacy established pursuant to section 151.02, the
board of podiatric medicine established pursuant to section
153.02, and the board of veterinary medicine, established
pursuant to section 156.01.
Sec. 16. Minnesota Statutes 1992, section 214.04,
subdivision 3, is amended to read:
Subd. 3. [OFFICERS; STAFF.] The executive director of each
health-related board and the executive secretary of each
non-health-related board shall be the chief administrative
officer for the board but shall not be a member of the board.
The executive director or executive secretary shall maintain the
records of the board, account for all fees received by it,
supervise and direct employees servicing the board, and perform
other services as directed by the board. The executive
directors, executive secretaries, and other employees of the
following boards shall be hired by the board, and the executive
directors or executive secretaries shall be in the unclassified
civil service, except as provided in this subdivision:
(1) dentistry;
(2) medical practice;
(3) nursing;
(4) pharmacy;
(5) accountancy;
(6) architecture, engineering, land surveying, landscape
architecture, and interior design;
(7) barber examiners;
(8) cosmetology;
(9) electricity;
(10) teaching;
(11) peace officer standards and training;
(12) social work; and
(13) marriage and family therapy; and
(14) dietetics and nutrition practice.
The executive directors or executive secretaries serving
the boards are hired by those boards and are in the unclassified
civil service, except for part-time executive directors or
executive secretaries, who are not required to be in the
unclassified service. Boards not requiring full-time executive
directors or executive secretaries may employ them on a
part-time basis. To the extent practicable, the sharing of
part-time executive directors or executive secretaries by boards
being serviced by the same department is encouraged. Persons
providing services to those boards not listed in this
subdivision, except executive directors or executive secretaries
of the boards and employees of the attorney general, are
classified civil service employees of the department servicing
the board. To the extent practicable, the commissioner shall
ensure that staff services are shared by the boards being
serviced by the department. If necessary, a board may hire
part-time, temporary employees to administer and grade
examinations.
Sec. 17. [APPROPRIATION.]
$185,000 is appropriated from the special revenue fund to
the dietetics and nutrition practice board for the purposes of
sections 2 to 14, to be available until June 30, 1995.
Sec. 18. [EFFECTIVE DATE.]
Sections 3 and 4 and 15 to 17 are effective July 1, 1994.
The remaining sections are effective 30 days after the effective
date of rules adopted by the board of dietetics and nutrition
practice under section 4.
Presented to the governor May 5, 1994
Signed by the governor May 9, 1994, 4:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes