Introduced Version
HOUSE BILL No. 1272
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-1; IC 25-14.5.
Synopsis: Dietitian licensure. Requires that, with certain exceptions,
an individual who: (1) professes to be a licensed dietitian; (2) implies
by words or letters that the individual is a licensed dietitian; or (3)
engages in the practice of dietetics; must be licensed. Repeals
provisions providing for certification of dietitians. Changes the name
of the Indiana dietitians certification board to the Indiana dietitians
licensing board. Specifies that an individual who is a certified dietitian
on June 30, 2013, becomes a licensed dietitian beginning July 1, 2013.
Makes other conforming changes.
Effective: Upon passage; July 1, 2013.
Bacon, Brown C, Frizzell
January 23, 2013, read first time and referred to Committee on Public Health.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
HOUSE BILL No. 1272
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-1-2-6; (13)IN1272.1.1. -->
SECTION 1. IC 25-1-2-6, AS AMENDED BY P.L.197-2011,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) As used in this section, "license" includes
all occupational and professional licenses, registrations, permits, and
certificates issued under the Indiana Code, and "licensee" includes all
occupational and professional licensees, registrants, permittees, and
certificate holders regulated under the Indiana Code.
(b) This section applies to the following entities that regulate
occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of cosmetology and barber examiners.
(6) Medical licensing board of Indiana.
(7) Secretary of state.
(8) State board of dentistry.
(9) State board of funeral and cemetery service.
(10) Worker's compensation board of Indiana.
(11) Indiana state board of health facility administrators.
(12) Committee of hearing aid dealer examiners.
(13) Indiana state board of nursing.
(14) Indiana optometry board.
(15) Indiana board of pharmacy.
(16) Indiana plumbing commission.
(17) Board of podiatric medicine.
(18) Private investigator and security guard licensing board.
(19) State board of registration for professional engineers.
(20) State psychology board.
(21) Indiana real estate commission.
(22) Speech-language pathology and audiology board.
(23) Department of natural resources.
(24) Board of chiropractic examiners.
(25) Mining board.
(26) Indiana board of veterinary medical examiners.
(27) State department of health.
(28) Indiana physical therapy committee.
(29) Respiratory care committee.
(30) Occupational therapy committee.
(31) Behavioral health and human services licensing board.
(32) Real estate appraiser licensure and certification board.
(33) State board of registration for land surveyors.
(34) Physician assistant committee.
(35) Indiana dietitians certification licensing board.
(36) Attorney general (only for the regulation of athlete agents).
(37) Manufactured home installer licensing board.
(38) Home inspectors licensing board.
(39) State board of massage therapy.
(40) Any other occupational or professional agency created after
June 30, 1981.
(c) Notwithstanding any other law, the entities included in
subsection (b) shall send a notice of the upcoming expiration of a
license to each licensee at least sixty (60) days prior to the expiration
of the license. The notice must inform the licensee of the need to renew
and the requirement of payment of the renewal fee. If this notice of
expiration is not sent by the entity, the licensee is not subject to a
sanction for failure to renew if, once notice is received from the entity,
the license is renewed within forty-five (45) days of the receipt of the
notice.
(d) Notwithstanding any other law, the entities included in
subsection (b) shall send notice of the expiration of a license to each
individual whose license has expired within thirty (30) days following
the expiration of the license. The notice must meet the following
requirements:
(1) Inform the individual of the following:
(A) That the individual's license has expired.
(B) Any requirements that must be met before reinstatement
of a license may occur.
(2) Be sent electronically. However, if the entity does not have an
electronic mail address on record for the individual, the notice
must be sent via United States mail.
SOURCE: IC 25-1-4-0.3; (13)IN1272.1.2. -->
SECTION 2. IC 25-1-4-0.3, AS AMENDED BY P.L.84-2010,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 0.3. As used in this chapter, "board" means any of
the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) Board of chiropractic examiners (IC 25-10-1).
(6) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(7) State board of dentistry (IC 25-14-1).
(8) Indiana dietitians certification licensing board
(IC 25-14.5-2-1).
(9) State board of registration for professional engineers
(IC 25-31-1-3).
(10) State board of funeral and cemetery service (IC 25-15-9).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(12) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of registration for land surveyors
(IC 25-21.5-2-1).
(15) Manufactured home installer licensing board (IC 25-23.7).
(16) Medical licensing board of Indiana (IC 25-22.5-2).
(17) Indiana state board of nursing (IC 25-23-1).
(18) Occupational therapy committee (IC 25-23.5).
(19) Indiana optometry board (IC 25-24).
(20) Indiana board of pharmacy (IC 25-26).
(21) Indiana physical therapy committee (IC 25-27-1).
(22) Physician assistant committee (IC 25-27.5).
(23) Indiana plumbing commission (IC 25-28.5-1-3).
(24) Board of podiatric medicine (IC 25-29-2-1).
(25) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(26) State psychology board (IC 25-33).
(27) Indiana real estate commission (IC 25-34.1-2).
(28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(29) Respiratory care committee (IC 25-34.5).
(30) Behavioral health and human services licensing board
(IC 25-23.6).
(31) Speech-language pathology and audiology board
(IC 25-35.6-2).
(32) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
SOURCE: IC 25-1-5-3; (13)IN1272.1.3. -->
SECTION 3. IC 25-1-5-3, AS AMENDED BY P.L.84-2010,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) There is established the Indiana professional
licensing agency. The agency shall perform all administrative
functions, duties, and responsibilities assigned by law or rule to the
executive director, secretary, or other statutory administrator of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Speech-language pathology and audiology board
(IC 25-35.6-2).
(10) State psychology board (IC 25-33).
(11) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(12) Committee of hearing aid dealer examiners (IC 25-20).
(13) Indiana physical therapy committee (IC 25-27).
(14) Respiratory care committee (IC 25-34.5).
(15) Occupational therapy committee (IC 25-23.5).
(16) Behavioral health and human services licensing board
(IC 25-23.6).
(17) Physician assistant committee (IC 25-27.5).
(18) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) Indiana dietitians certification licensing board
(IC 25-14.5-2-1).
(b) Nothing in this chapter may be construed to give the agency
policy making authority, which authority remains with each board.
SOURCE: IC 25-1-5-10; (13)IN1272.1.4. -->
SECTION 4. IC 25-1-5-10, AS AMENDED BY P.L.84-2010,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) As used in this section, "provider" means
an individual licensed, certified, registered, or permitted by any of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Speech-language pathology and audiology board
(IC 25-35.6-2).
(10) State psychology board (IC 25-33).
(11) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(12) Indiana physical therapy committee (IC 25-27).
(13) Respiratory care committee (IC 25-34.5).
(14) Occupational therapy committee (IC 25-23.5).
(15) Behavioral health and human services licensing board
(IC 25-23.6).
(16) Physician assistant committee (IC 25-27.5).
(17) Indiana athletic trainers board (IC 25-5.1-2-1).
(18) Indiana dietitians certification licensing board
(IC 25-14.5-2-1).
(b) The agency shall create and maintain a provider profile for each
provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permit
number.
(3) The provider's license, certification, registration, or permit
type.
(4) The date the provider's license, certification, registration, or
permit was issued.
(5) The date the provider's license, certification, registration, or
permit expires.
(6) The current status of the provider's license, certification,
registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the
provider within the previous ten (10) years by a board or
committee described in subsection (a).
(d) The agency shall make provider profiles available to the public.
(e) The computer gateway administered by the office of technology
established by IC 4-13.1-2-1 shall make the information described in
subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8) generally
available to the public on the Internet.
(f) The agency may adopt rules under IC 4-22-2 to implement this
section.
SOURCE: IC 25-1-7-1; (13)IN1272.1.5. -->
SECTION 5. IC 25-1-7-1, AS AMENDED BY P.L.42-2011,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. As used in this chapter:
"Board" means the appropriate agency listed in the definition of
regulated occupation in this section.
"Director" refers to the director of the division of consumer
protection.
"Division" refers to the division of consumer protection, office of
the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this
section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability
company, or a corporation.
"Regulated occupation" means an occupation in which a person is
licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers
(IC 25-31-1-3).
(9) Indiana state board of health facility administrators
(IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Indiana state board of nursing (IC 25-23-1).
(12) Indiana optometry board (IC 25-24).
(13) Indiana board of pharmacy (IC 25-26).
(14) Indiana plumbing commission (IC 25-28.5-1-3).
(15) Board of podiatric medicine (IC 25-29-2-1).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board
(IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2).
(19) Indiana board of veterinary medical examiners (IC 25-38.1).
(20) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(21) Respiratory care committee (IC 25-34.5).
(22) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(23) Occupational therapy committee (IC 25-23.5).
(24) Behavioral health and human services licensing board
(IC 25-23.6).
(25) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(26) State board of registration for land surveyors
(IC 25-21.5-2-1).
(27) Physician assistant committee (IC 25-27.5).
(28) Indiana athletic trainers board (IC 25-5.1-2-1).
(29) Indiana dietitians certification licensing board
(IC 25-14.5-2-1).
(30) Indiana physical therapy committee (IC 25-27).
(31) Manufactured home installer licensing board (IC 25-23.7).
(32) Home inspectors licensing board (IC 25-20.2-3-1).
(33) State department of health, for out-of-state mobile health
care entities.
(34) State board of massage therapy (IC 25-21.8-2-1).
(35) Any other occupational or professional agency created after
June 30, 1981.
SOURCE: IC 25-1-8-1; (13)IN1272.1.6. -->
SECTION 6. IC 25-1-8-1, AS AMENDED BY P.L.42-2011,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. As used in this chapter, "board" means any of
the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15).
(8) State board of registration for professional engineers
(IC 25-31-1-3).
(9) Indiana state board of health facility administrators
(IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Mining board (IC 22-10-1.5-2).
(12) Indiana state board of nursing (IC 25-23-1).
(13) Indiana optometry board (IC 25-24).
(14) Indiana board of pharmacy (IC 25-26).
(15) Indiana plumbing commission (IC 25-28.5-1-3).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board
(IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2-1).
(19) Indiana board of veterinary medical examiners
(IC 25-38.1-2-1).
(20) Department of insurance (IC 27-1).
(21) State police department (IC 10-11-2-4), for purposes of
certifying polygraph examiners under IC 25-30-2.
(22) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(23) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(24) Occupational therapy committee (IC 25-23.5-2-1).
(25) Behavioral health and human services licensing board
(IC 25-23.6-2-1).
(26) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(27) State board of registration for land surveyors
(IC 25-21.5-2-1).
(28) Physician assistant committee (IC 25-27.5).
(29) Indiana athletic trainers board (IC 25-5.1-2-1).
(30) Board of podiatric medicine (IC 25-29-2-1).
(31) Indiana dietitians certification licensing board
(IC 25-14.5-2-1).
(32) Indiana physical therapy committee (IC 25-27).
(33) Manufactured home installer licensing board (IC 25-23.7).
(34) Home inspectors licensing board (IC 25-20.2-3-1).
(35) State board of massage therapy (IC 25-21.8-2-1).
(36) Any other occupational or professional agency created after
June 30, 1981.
SOURCE: IC 25-1-8-6; (13)IN1272.1.7. -->
SECTION 7. IC 25-1-8-6, AS AMENDED BY P.L.84-2010,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) As used in this section, "board" means any
of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) Board of chiropractic examiners (IC 25-10-1).
(6) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(7) State board of dentistry (IC 25-14-1).
(8) Indiana dietitians
certification licensing board
(IC 25-14.5-2-1).
(9) State board of registration for professional engineers
(IC 25-31-1-3).
(10) State board of funeral and cemetery service (IC 25-15-9).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(12) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of registration for land surveyors
(IC 25-21.5-2-1).
(15) Manufactured home installer licensing board (IC 25-23.7).
(16) Medical licensing board of Indiana (IC 25-22.5-2).
(17) Indiana state board of nursing (IC 25-23-1).
(18) Occupational therapy committee (IC 25-23.5).
(19) Indiana optometry board (IC 25-24).
(20) Indiana board of pharmacy (IC 25-26).
(21) Indiana physical therapy committee (IC 25-27).
(22) Physician assistant committee (IC 25-27.5).
(23) Indiana plumbing commission (IC 25-28.5-1-3).
(24) Board of podiatric medicine (IC 25-29-2-1).
(25) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(26) State psychology board (IC 25-33).
(27) Indiana real estate commission (IC 25-34.1-2).
(28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(29) Respiratory care committee (IC 25-34.5).
(30) Behavioral health and human services licensing board
(IC 25-23.6).
(31) Speech-language pathology and audiology board
(IC 25-35.6-2).
(32) Indiana board of veterinary medical examiners (IC 25-38.1).
(33) State board of massage therapy (IC 25-21.8-2-1).
(b) This section does not apply to a license, certificate, or
registration that has been revoked or suspended.
(c) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, the holder of a license, certificate,
or registration that was issued by the board that is three (3) years or less
delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana
professional licensing agency.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed under
IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, unless a statute specifically does
not allow a license, certificate, or registration to be reinstated if it has
lapsed for more than three (3) years, the holder of a license, certificate,
or registration that was issued by the board that is more than three (3)
years delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial
application fee.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed under
IC 25-1-4-5 and IC 25-1-4-6.
(5) Complete such remediation and additional training as deemed
appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule
that is not related to fees.
SOURCE: IC 25-1-9-1; (13)IN1272.1.8. -->
SECTION 8. IC 25-1-9-1, AS AMENDED BY P.L.84-2010,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. As used in this chapter, "board" means any of
the following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Speech-language pathology and audiology board
(IC 25-35.6-2).
(10) State psychology board (IC 25-33).
(11) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(12) Indiana physical therapy committee (IC 25-27-1).
(13) Respiratory care committee (IC 25-34.5).
(14) Occupational therapy committee (IC 25-23.5).
(15) Behavioral health and human services licensing board
(IC 25-23.6).
(16) Physician assistant committee (IC 25-27.5).
(17) Indiana athletic trainers board (IC 25-5.1-2-1).
(18) Indiana dietitians certification licensing board
(IC 25-14.5-2-1).
SOURCE: IC 25-14.5-1-2; (13)IN1272.1.9. -->
SECTION 9. IC 25-14.5-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. "Board" refers to the
Indiana dietitians certification licensing board established by
IC 25-14.5-2-1.
SOURCE: IC 25-14.5-1-4; (13)IN1272.1.10. -->
SECTION 10. IC 25-14.5-1-4 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 4. "Certified dietitian" refers to a person certified under
this article to practice dietetics. Activities of a certified dietitian do not
include the medical differential diagnoses of the health status of an
individual.
SOURCE: IC 25-14.5-1-6; (13)IN1272.1.11. -->
SECTION 11. IC 25-14.5-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. "Degree" means a
degree received from a college or university that
(1) was located in the United States; and
(2) was regionally accredited;
at the time the degree was conferred. is a United States regionally
accredited body recognized by the council for higher education
accreditation and the United States department of education at the
time the degree is received.
SOURCE: IC 25-14.5-1-7; (13)IN1272.1.12. -->
SECTION 12. IC 25-14.5-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. "Dietetics" means
the integration, and application of principles derived from the science
of food and nutrition to provide for all aspects of nutrition therapy for
individuals and groups, including nutrition therapy services (as defined
in section 12 of this chapter) and medical nutrition therapy (as defined
in section 9 of this chapter). application, and communication of
principles derived from:
(1) food;
(2) nutrition;
(3) social sciences;
(4) business; and
(5) basic sciences;
to achieve and maintain optimal nutrition status for individuals
through the development, provision, and management of effective
food and nutrition services in a variety of settings.
SOURCE: IC 25-14.5-1-8; (13)IN1272.1.13. -->
SECTION 13. IC 25-14.5-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. "Examination"
means an examination for the certification licensure of dietitians used
or approved by the board. The examination may be created by the
board, created by a person as determined by and approved by the board,
or created in part by the board and in part by a person or entity other
than the board. shall be administered by the commission on dietetic
registration.
SOURCE: IC 25-14.5-1-8.3; (13)IN1272.1.14. -->
SECTION 14. IC 25-14.5-1-8.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8.3. "General nonmedical
nutrition information" includes information on the following:
(1) Principles of good nutrition and food preparation.
(2) Food to be included in the normal daily diet.
(3) The essential nutrients needed by the body.
(4) Recommended amounts of the essential nutrients based on
established standards.
(5) The actions of nutrients on the body.
(6) The effects of deficiencies or excesses of nutrients.
(7) Food and supplements that are good sources of essential
nutrients.
SOURCE: IC 25-14.5-1-8.5; (13)IN1272.1.15. -->
SECTION 15. IC 25-14.5-1-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 8.5. "Licensed dietitian" refers
to a person licensed under this article to practice dietetics.
Activities of a licensed dietitian do not include the medical
differential diagnoses of the health status of an individual.
SOURCE: IC 25-14.5-1-9; (13)IN1272.1.16. -->
SECTION 16. IC 25-14.5-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. "Medical nutrition
therapy" means
the component of nutrition therapy that concerns:
(1) determining and recommending nutrient needs based on
nutritional assessment and medical problems relative to medically
prescribed diets, including:
(A) tube feedings;
(B) specialized intravenous solutions; and
(C) specialized oral feedings;
(2) interactions of prescription drugs with food and nutrients; or
(3) developing and managing food services operations that have
the chief function of providing nutrition therapy services and
providing medically prescribed diets.
the use of specific nutrition services for the purpose of disease
management to treat or rehabilitate an individual from an injury
or physical condition. The term includes:
(1) interpreting dietary data and recommending nutrient
needs relative to medically prescribed diets, including:
(A) tube feedings;
(B) specialized intravenous solutions; and
(C) specialized oral feedings;
(2) identifying food prescription drug interactions; and
(3) developing and managing food service operations, the chief
function of which is nutrition care and the provision of
medically prescribed diets.
SOURCE: IC 25-14.5-1-10; (13)IN1272.1.17. -->
SECTION 17. IC 25-14.5-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. "Medically
prescribed diet" means a diet that is:
(1) prescribed when specific food or nutrient levels need to be
monitored or altered, or both, as a component of a treatment
regimen program for an individual whose health status is
impaired or at risk due to disease, injury, or surgery; and
(2) performed only as initiated by or in consultation with a
physician licensed to practice medicine in Indiana.
SOURCE: IC 25-14.5-1-11.1; (13)IN1272.1.18. -->
SECTION 18. IC 25-14.5-1-11.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.1. "Nutrition assessment"
means the systematic process of obtaining, verifying, and
interpreting biochemical, anthropometric, physical, and dietary
data in order to make decisions about the nature and cause of
nutrition related problems. Nutrition assessment is an ongoing,
dynamic process that involves not only initial data collection, but
also reassessment and analysis of client or community needs and
provides the foundation for nutrition diagnosis and nutritional
recommendation including enteral and parenteral nutrition.
SOURCE: IC 25-14.5-1-11.2; (13)IN1272.1.19. -->
SECTION 19. IC 25-14.5-1-11.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.2. "Nutrition care process"
means the systematic problem solving method that dietitians use to
think critically and make decisions when providing medical
nutrition therapy or addressing nutrition related problems and
provide safe, effective, and high quality care. The nutrition care
process consists of the following four (4) distinct but interrelated
steps:
(1) Nutrition assessment.
(2) Nutrition diagnosis.
(3) Nutrition intervention.
(4) Nutrition monitoring and evaluation.
SOURCE: IC 25-14.5-1-11.3; (13)IN1272.1.20. -->
SECTION 20. IC 25-14.5-1-11.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.3. "Nutrition care services"
refers to the following:
(1) Assessing the nutrition needs of individuals and groups to
determine what resources and constraints exist.
(2) Establishing priorities, goals, and objectives that meet
nutrition needs and are consistent with available resources
and constraints.
(3) Providing nutrition counseling in health and disease.
(4) Developing, implementing, and managing nutrition care
systems.
(5) Evaluating, making changes in, and maintaining
appropriate standards of quality in food and nutrition care
services.
SOURCE: IC 25-14.5-1-11.4; (13)IN1272.1.21. -->
SECTION 21. IC 25-14.5-1-11.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.4. "Nutrition counseling"
means advising and assisting individuals or groups on appropriate
nutrition intake by integrating information from the nutrition
assessment with information on:
(1) food and other sources of nutrients; and
(2) meal preparation;
while being cognizant of cultural background and socioeconomic
status.
SOURCE: IC 25-14.5-1-11.5; (13)IN1272.1.22. -->
SECTION 22. IC 25-14.5-1-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.5. "Nutrition diagnosis"
means identifying and labeling nutritional problems that a licensed
dietitian is responsible for treating independently.
SOURCE: IC 25-14.5-1-11.6; (13)IN1272.1.23. -->
SECTION 23. IC 25-14.5-1-11.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11.6. "Nutrition intervention"
refers to purposefully planned actions intended to positively
change nutrition related behavior, risk factors, environmental
conditions, or aspects of health status for:
(1) an individual;
(2) an individual's family or caregiver;
(3) target groups; or
(4) the community at large.
SOURCE: IC 25-14.5-1-11.7; (13)IN1272.1.24. -->
SECTION 24. IC 25-14.5-1-11.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 11.7. "Nutrition monitoring and
evaluation" means identifying patient or client outcomes relevant
to the nutrition diagnosis and intervention plans and goals
established for the patient or client and comparing those outcomes
with the previous status, intervention goals, or a reference
standard to determine the progress made in achieving the desired
outcomes or nutrition care and determining whether planned
interventions for the patient or client should be continued or
revised.
SOURCE: IC 25-14.5-1-13; (13)IN1272.1.25. -->
SECTION 25. IC 25-14.5-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. "Practice
experience" means a preprofessional, documented, supervised practice
in dietetics services that is acceptable to the board in compliance with
requirements for certification. licensure. It may be or may Practice
experience must include a documented, supervised practice
experience that is a component of the educational requirements for
certification. licensure.
SOURCE: IC 25-14.5-1-14; (13)IN1272.1.26. -->
SECTION 26. IC 25-14.5-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14.
(a) "Practice of
dietetics" means the integration and application of the principles
derived from the sciences of nutrition, biochemistry, food, physiology,
management, and behavioral and social sciences to achieve and
maintain people's health through the provision of nutrition therapy
services.
The practice of dietetics includes:
(1) conducting nutrition assessments;
(2) engaging in nutrition care processes;
(3) providing nutrition care services;
(4) providing nutrition counseling;
(5) making nutrition diagnoses;
(6) engaging in nutrition interventions; and
(7) providing nutrition monitoring and evaluation.
(b) A licensed dietitian shall do the following:
(1) Engage in the nutrition care process that is a systematic
problem solving method that dietetics professionals use to
think critically and make decisions to address nutrition
related problems and provide safe and effective quality
nutrition care services and medical nutrition therapy.
(2) Develop a plan of care for each patient who is referred and
be responsible for implementation and modification of the
plan.
(3) Consult with the referring practitioner regarding any
contraindicated or unjustified treatment.
(4) Practice in accordance with the standards established by
the board and the commission on dietetic registration
regulating the profession.
SOURCE: IC 25-14.5-2-1; (13)IN1272.1.27. -->
SECTION 27. IC 25-14.5-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The Indiana
dietitians certification licensing board is established.
SOURCE: IC 25-14.5-2-2; (13)IN1272.1.28. -->
SECTION 28. IC 25-14.5-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The board consists
of seven (7) members appointed by the governor as follows:
(1) Four (4) members who are certified licensed under this article
and currently provide and have provided services in the practice
of dietetics in Indiana for a minimum of three (3) years.
(2) One (1) member who is a physician licensed under IC 25-22.5.
(3) One (1) member who is a registered nurse licensed under
IC 25-23.
(4) One (1) member representing the public who is a resident of
Indiana and has never been associated with dietetics in any way
other than as a consumer.
SOURCE: IC 25-14.5-2-5; (13)IN1272.1.29. -->
SECTION 29. IC 25-14.5-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The board shall
adopt rules under IC 4-22-2 establishing standards for:
(1) professional responsibility or a code of ethics for the
profession of dietetics;
(2) applicant qualifications of a certified licensed dietitian;
(3) the administration of this article;
(4) the number of hours of continuing education needed for
renewal of certification licensure and the procedures for
approving continuing education courses and programs; and
(5) establishing fees under IC 25-1-8-2 as described in subsection
(b).
(b) The board shall establish, charge, and collect fees under
IC 25-1-8-2 for:
(1) the filing of an application for a certificate license under this
article;
(2) the original issuance of a certificate license under this article;
(3) a renewal of a certificate license issued in accordance with
this article;
(4) the replacement of a certificate license or renewal certificate
license lost or destroyed; and
(5) any other purposes prescribed by IC 25-1-8-2.
SOURCE: IC 25-14.5-2-5.1; (13)IN1272.1.30. -->
SECTION 30. IC 25-14.5-2-5.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 5.1. (a) The rules adopted by the
Indiana dietitians certification board before July 1, 2013,
concerning certification of dietitians are considered after June 30,
2013, the rules of the Indiana dietitians licensing board. However,
the terms "certify", "certified", or "certification" in the rules must
be construed as "license", "licensed", or "licensure" to be
consistent with this chapter.
(b) Before July 1, 2014, the Indiana dietitians licensing board
shall revise, update, or repeal the rules described in this section to
reflect the change from certification to licensure by legislation
enacted in the 2013 session of the general assembly.
(c) This section expires December 31, 2014.
SOURCE: IC 25-14.5-2-6; (13)IN1272.1.31. -->
SECTION 31. IC 25-14.5-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) The board shall
hold meetings as follows:
(1) A meeting for the purpose of organization must be held not
more than thirty (30) days after the board members are appointed.
(2) The board shall hold at least two (2) four (4) regular meetings
each calendar year. At the first regular meeting each year, the
board shall elect a chairperson and vice chairperson.
(3) Special meetings may be held at the discretion of the
chairperson.
(4) Meetings may be held at such time as the board or chairperson
shall determine.
(b) A quorum of the board consists of four (4) members.
(c) A secretary of the board shall be elected by the board and shall
hold office at the pleasure of the board.
(d) The board shall receive and process complaints and
investigate alleged violations of this article. The board may:
(1) issue subpoenas;
(2) examine witnesses; and
(3) administer oaths.
(e) The board may seek injunctive relief to prohibit any person
from providing professional dietetic or nutritional care services as
defined this article without being licensed.
SOURCE: IC 25-14.5-3-1; (13)IN1272.1.32. -->
SECTION 32. IC 25-14.5-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The board may shall
require a person who applies for a certified dietitian certificate license
to have:
(1) completed a major course of study in human nutrition,
nutrition education, public health nutrition, food and nutrition,
and dietetics, or food systems management, or an equivalent
major course of study as approved by the board; and
(2) received a baccalaureate or higher degree from a regionally
accredited college or university located in the United States or its
territories; and
(3) successfully completed the registration examination for
dietitians administered by the commission on dietetic
registration.
SOURCE: IC 25-14.5-3-2; (13)IN1272.1.33. -->
SECTION 33. IC 25-14.5-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The board may shall
require a person who:
(1) applies for a certificate license as a certified licensed dietitian;
and
(2) has obtained the person's education outside of the United
States and its territories;
to have the person's academic degree or degrees validated by an
organization approved by the board. The validating organization must
state that the degree is equivalent to a baccalaureate or master's degree
conferred by a regionally accredited college or university located in the
United States.
SOURCE: IC 25-14.5-3-3; (13)IN1272.1.34. -->
SECTION 34. IC 25-14.5-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The board may
require a person who applies for a certificate license as a certified
licensed dietitian to have completed a documented, supervised practice
experience of not less than nine hundred (900) one thousand two
hundred (1,200) hours under the supervision of a certified dietitian, or
a registered dietitian, or a licensed dietitian.
SOURCE: IC 25-14.5-4-1; (13)IN1272.1.35. -->
SECTION 35. IC 25-14.5-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. To qualify for a
certificate license under this article, an individual must do the
following:
(1) Satisfy the requirements of IC 25-14.5-3.
(2) Satisfactorily complete an application for certification,
licensure furnished by the board, in accordance with the rules
adopted by the board. The application must be verified by the
applicant and filed at least thirty (30) days before the
administration of the examination.
(3) Pay the application, examination, and certification licensure
fees established by the board.
(4) Except to the extent that section 4 of this chapter applies,
successfully pass the qualifying examination adopted by the board
as described in IC 25-14.5-5.
(5) Provide proof that the individual is at least twenty-one (21)
years of age.
SOURCE: IC 25-14.5-4-2; (13)IN1272.1.36. -->
SECTION 36. IC 25-14.5-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Except as
provided in section 3 of this chapter, the board shall issue a certificate
license to an individual who:
(1) meets the conditions set forth in section 1 of this chapter; and
(2) is otherwise qualified for certification licensure under this
article.
(b) Beginning July 1, 2013, the board shall waive the
examination requirement and shall grant a license to any applicant
who:
(1) makes satisfactory application to the board and is
registered with the commission on dietetic registration; or
(2) received a baccalaureate or post-baccalaureate degree
from an accredited college or university in the United States
with:
(A) a program in dietetics or nutrition; or
(B) an equivalent major course of study as approved by the
board;
and has completed an approved educational experience and
met the educational requirement of the commission on dietetic
registration.
SOURCE: IC 25-14.5-4-3.2; (13)IN1272.1.37. -->
SECTION 37. IC 25-14.5-4-3.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3.2. (a) The board may grant a
temporary or provisional license to an applicant who meets the
qualifications for licensure under this article.
(b) A temporary or provisional license issued under subsection
(a) is valid only until the next regularly scheduled meeting of the
board.
SOURCE: IC 25-14.5-4-4; (13)IN1272.1.38. -->
SECTION 38. IC 25-14.5-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) Except as
provided in subsection (b), the board may issue a certificate license to
an applicant for certification licensure if the applicant presents
evidence that the applicant has been issued a certificate, license, or
registration in a state that has requirements for certification,
licensure, or registration that are, by the board's determination,
equivalent to the requirements for certification licensure in Indiana. An
applicant applying for a certificate license under this subsection is not
required to take an examination given by the board under IC 25-14.5-5.
(b) The board may refuse to issue a certificate license under
subsection (a) if the applicant has failed an examination given by the
board under IC 25-14.5-5.
(c) The fee an applicant for certification licensure must pay for a
certificate license issued under subsection (a) shall be set by the board
under IC 25-14.5-2-5.
SOURCE: IC 25-14.5-4-5; (13)IN1272.1.39. -->
SECTION 39. IC 25-14.5-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. All certificates
licenses shall be effective when issued by the board.
SOURCE: IC 25-14.5-4-6; (13)IN1272.1.40. -->
SECTION 40. IC 25-14.5-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A certified
licensed dietitian must display the certificate license in a conspicuous
part of the office in which the certified licensed dietitian practices
nutrition therapy services.
(b) Whenever practicing the profession of dietetics outside of or
away from the office or place of business, the certified licensed
dietitian shall make available to each patient the certified licensed
dietitian's name, office address, and the number of the certificate.
license.
SOURCE: IC 25-14.5-4-7; (13)IN1272.1.41. -->
SECTION 41. IC 25-14.5-4-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7. (a) The board may issue a
license to an applicant for licensure if the applicant presents
evidence that the applicant has been issued a license in a state that
has requirements for licensure that are equivalent to or more
stringent than the requirements for licensure in Indiana.
(b) An applicant under subsection (a) shall pay a fee set by the
board.
(c) If the board determines that the license in the issuing state is
equivalent to or more stringent than the requirements of Indiana,
the applicant is not required to take an examination if all other
requirements are met.
(d) The board may refuse to issue a license under subsection (a)
if the applicant has at any time failed an examination given by the
board.
SOURCE: IC 25-14.5-4-8; (13)IN1272.1.42. -->
SECTION 42. IC 25-14.5-4-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) A certified dietitian who
holds a certification under this article on June 30, 2013, becomes
a licensed dietitian beginning July 1, 2013, as provided in this
article.
(b) This section expires December 31, 2016.
SOURCE: IC 25-14.5-5-2; (13)IN1272.1.43. -->
SECTION 43. IC 25-14.5-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The board shall
determine:
(1) a date and time when;
(2) a location in Indiana where; and
(3) the supervision under which;
applicants for certification licensure shall be examined.
SOURCE: IC 25-14.5-5-3; (13)IN1272.1.44. -->
SECTION 44. IC 25-14.5-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. Examinations shall
be given at least two (2) times each year. conducted online and may
be conducted after a student receives approval from the
commission on dietetic registration to take the examination.
SOURCE: IC 25-14.5-5-4; (13)IN1272.1.45. -->
SECTION 45. IC 25-14.5-5-4 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 4. (a) The board shall give notice at least sixty (60) days
before the administration of each examination in a manner the board
considers appropriate.
(b) The board shall notify each applicant for certification of the time
and place of the administration of the first examination for which the
applicant is eligible to sit.
SOURCE: IC 25-14.5-6-1; (13)IN1272.1.46. -->
SECTION 46. IC 25-14.5-6-1, AS AMENDED BY P.L.1-2006,
SECTION 437, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A certificate license issued
by the board expires on a date established by the agency under
IC 25-1-5-4 in the next even-numbered year following the year in
which the certificate license was issued.
(b) An individual may renew a certificate license by paying a
renewal fee on or before the expiration date of the certificate. license.
(c) If an individual fails to pay a renewal fee on or before the
expiration date of a certificate, license, the certificate license becomes
invalid.
SOURCE: IC 25-14.5-6-2; (13)IN1272.1.47. -->
SECTION 47. IC 25-14.5-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A certified licensed
dietitian may renew a certificate license by:
(1) paying a renewal fee as set by the board; and
(2) subject to IC 25-1-4-3, providing a sworn statement attesting
that the certified licensed dietitian has completed the continuing
education required by the board.
SOURCE: IC 25-14.5-6-3; (13)IN1272.1.48. -->
SECTION 48. IC 25-14.5-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The board shall
mail an application for renewal to a
certified licensed dietitian at least
sixty (60) days before the date on which the
certified licensed
dietitian's
certificate license expires.
(b) The application must be mailed to the
certified licensed
dietitian's most recent address as it appears on the record of the board.
(c) A
certified licensed dietitian filing for renewal of a
certificate
license must:
(1) satisfactorily complete the renewal application;
(2) return the application to the board; and
(3) submit to the board the required renewal fee;
before expiration of the certified licensed dietitian's current certificate.
license.
(d) Upon receipt of the application and fee submitted under
subsection (c), the board shall:
(1) verify the accuracy of the application;
(2) determine whether the continuing education requirement has
been met; and
(3) verify that all other requirements under this article have been
met.
(e) When the board is satisfied that all conditions under subsection
(d) have been met, the board shall issue to the applicant a notice of
certificate license renewal that shall be valid for two (2) years.
SOURCE: IC 25-14.5-6-4; (13)IN1272.1.49. -->
SECTION 49. IC 25-14.5-6-4, AS AMENDED BY P.L.105-2008,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) A certificate license may be reinstated by
the board not later than three (3) years after its expiration if the
applicant for reinstatement meets the requirements under
IC 25-1-8-6(c).
(b) A certificate license that has been expired for more than three
(3) years may be reinstated by the board if the holder of the certificate
license satisfies the requirements for reinstatement under
IC 25-1-8-6(d).
SOURCE: IC 25-14.5-6-6; (13)IN1272.1.50. -->
SECTION 50. IC 25-14.5-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) The board may
classify a certificate license as inactive if the board receives written
notification from a certified licensed dietitian stating that the certified
licensed dietitian will not maintain an office or practice dietetics in
Indiana.
(b) The renewal fee for an inactive certificate license must be
one-half (1/2) the certificate license renewal fee set by the board under
IC 25-14.5-2-5(b)(3).
(c) The holder of an inactive certificate license is not required to
fulfill continuing education requirements set by the board.
SOURCE: IC 25-14.5-6-7; (13)IN1272.1.51. -->
SECTION 51. IC 25-14.5-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. The board may issue
a certificate license to the holder of an inactive certificate license under
section 6 of this chapter if the applicant meets the requirements under
IC 25-1-8-6.
SOURCE: IC 25-14.5-7-1; (13)IN1272.1.52. -->
SECTION 52. IC 25-14.5-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. Except as provided
in section 3 of this chapter, an individual who is not certified licensed
under this article may not:
(1) profess to be a certified licensed dietitian; or
(2) imply by words or letters such as "CD" "LD" that the
individual is a certified licensed dietitian; or
(3) engage in the practice of dietetics.
SOURCE: IC 25-14.5-7-1.3; (13)IN1272.1.53. -->
SECTION 53. IC 25-14.5-7-1.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 1.3. (a) This article may not be
construed to limit the practice of dietetics by a person who does not
use a title specified in this article and who is one (1) of the
following:
(1) A health care professional licensed, registered, or certified
under this title.
(2) A student enrolled in a commission on accreditation for
dietetic education accredited program in dietetics pursuing a
course of study to gain licensure under this article, if the
activities the student is engaged in are performed under the
supervision of a licensed dietitian.
(3) A nonresident of Indiana if the person performs service in
Indiana for not more than five (5) days in any one (1) month
and not more than fifteen (15) days in one (1) calendar year
and the person is authorized to perform the services under the
laws of the state or country in which the person is a resident.
(4) A person or a retailer who furnishes oral or written
general nonmedical nutrition information related to food,
food materials, or dietary supplements or the marketing of
food, food materials, or dietary supplements.
(5) A person providing weight control services through a
program that:
(A) has been reviewed by a licensed dietitian; and
(B) provides consultation from a dietitian licensed under
this article or from another state, or a physician licensed
under IC 25-22.5.
(6) A dietitian serving in:
(A) the armed forces;
(B) the public health service of the United States; or
(C) the Veterans Administration.
(7) A person who has completed the educational and
preprofessional practice requirements to sit for the licensure
examination but who has not yet passed the examination, if
the person practices under the supervision of a dietitian
licensed under this article for a period of one (1) year after
completing the licensure education requirements.
(b) This section does not prohibit a person referred to in
subsection (a) from qualifying for licensure under this article.
SOURCE: IC 25-14.5-7-3; (13)IN1272.1.54. -->
SECTION 54. IC 25-14.5-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A dietitian
registered by the commission on dietetic registration may use the title
"registered dietitian" and the designation "RD" but may not profess to
be a certified dietitian when practicing dietetics in Indiana without
being certified by the board. Only a person licensed or otherwise
authorized to practice under this article may practice dietetics or
provide nutrition care services or use the title "dietitian" alone or
in combination with the letters "LD".
(b) Nothing in this article may be construed to prohibit or limit any
person from:
(1) disseminating free information;
(2) conducting a class or seminar; or
(3) giving a speech related to nutrition.
(c) Nothing in this article may be construed to require direct
third-party reimbursement to persons certified under this article.
SOURCE: ; (13)IN1272.1.55. -->
SECTION 55.
An emergency is declared for this act.