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Office of the Revisor of Statutes

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.