Bill Text: NY S04999 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides for the licensure of dietitians and nutritionists; defines the practice thereof.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-13 - REPORTED AND COMMITTED TO FINANCE [S04999 Detail]

Download: New_York-2013-S04999-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4999
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2013
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law,  in  relation  to  the  licensure  of
         dietitians and nutritionists
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and declaration of purpose. The legis-
    2  lature finds that the application of scientific  knowledge  relating  to
    3  nutrition  is  important  in effective care, treatment and prevention of
    4  disease or trauma and in the attainment and maintenance of  health,  and
    5  acknowledges  that the rendering and communication of sound dietetic and
    6  nutrition services in hospitals, nursing homes, extended care and  ambu-
    7  latory  care  settings,  school  districts,  health departments, private
    8  practice and consultation, and in other settings  requires  trained  and
    9  competent professionals. The legislature further finds that it is neces-
   10  sary  in  the  provision  of  medical nutrition therapy for such profes-
   11  sionals to be licensed under article 157 of the education law to  ensure
   12  quality  care  through a standardized nutrition care process, consisting
   13  of a nutrition assessment, nutrition diagnosis,  nutrition  intervention
   14  and  the  monitoring  and evaluation of outcomes directly related to the
   15  nutrition care process. Therefore, it  is  hereby  declared  to  be  the
   16  purpose  of  this  act to protect the health, safety, and welfare of the
   17  public by providing for the licensure and regulation of  the  activities
   18  of persons engaged in the practice of dietetics and nutrition.
   19    S 2. Section 8000 of the education law, as added by chapter 635 of the
   20  laws of 1991, is amended to read as follows:
   21    S 8000. Introduction.    This article applies to the use of the titles
   22  ["certified   dietitian"   and   "certified   nutritionist"]   "LICENSED
   23  DIETITIAN/NUTRITIONIST"  OR  "LDN"  AND  THE  PRACTICE  OF DIETETICS AND
   24  NUTRITION.  The general provision for all professions contained in arti-
   25  cle one hundred thirty of this title shall apply to this article.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10500-02-3
       S. 4999                             2
    1    S 3. Section 8001 of the education law, as added by chapter 635 of the
    2  laws of 1991, is amended to read as follows:
    3    S 8001. [Definitions]  DIETETIC AND NUTRITION PRACTICE.  [1. Dietetics
    4  and nutrition are herein each defined as  the integration  and  applica-
    5  tion of principles derived from the sciences of nutrition, biochemistry,
    6  physiology,  food  management  and  behavioral  and  social  sciences to
    7  achieve and maintain people's health.
    8    2. Where the title "certified dietitian" or  "certified  nutritionist"
    9  is  used in this article it shall mean "certified dietitian", "certified
   10  dietician", or "certified nutritionist".
   11    3. A certified dietitian or certified nutritionist is one who  engages
   12  in  the  integration  and  application  of  principles  derived from the
   13  sciences of nutrition, biochemistry,  physiology,  food  management  and
   14  behavioral  and social sciences to achieve and maintain people's health,
   15  and who is certified as such by the department pursuant to section eight
   16  thousand four of this article.   The primary  function  of  a  certified
   17  dietitian  or  certified nutritionist is the provision of nutrition care
   18  services that shall include:
   19    (a) Assessing nutrition needs and food patterns;
   20    (b) Planning for and directing the provision of food  appropriate  for
   21  physical and nutrition needs; and
   22    (c)  Providing  nutrition counseling.] DIETETIC AND NUTRITION PRACTICE
   23  IS THE APPLICATION OF  MEDICAL  NUTRITION  THERAPY  AND  A  STANDARDIZED
   24  NUTRITION  CARE PROCESS, INCLUDING NUTRITION ASSESSMENT, NUTRITION DIAG-
   25  NOSIS, NUTRITION INTERVENTION, AND NUTRITION EVALUATION  AND  MONITORING
   26  FOR THE PREVENTION OR TREATMENT OF NUTRITION RELATED ILLNESSES, NOURISH-
   27  MENT, AND EDUCATION OF INDIVIDUALS AND GROUPS THROUGHOUT THE LIFECYCLE.
   28    S  4.  The  education law is amended by adding a new section 8001-a to
   29  read as follows:
   30    S 8001-A. DEFINITIONS. FOR  PURPOSES  OF  THIS  ARTICLE:  1.  "MEDICAL
   31  NUTRITION  THERAPY"  IS  AN  EVIDENCE BASED APPLICATION OF THE NUTRITION
   32  CARE PROCESS FOCUSED ON PREVENTION, DELAY OR MANAGEMENT OF DISEASES  AND
   33  CONDITIONS,  AND  INVOLVES AN IN-DEPTH ASSESSMENT, PERIODIC REASSESSMENT
   34  AND INTERVENTION.
   35    2. "NUTRITION DIAGNOSIS" IN THE CONTEXT  OF  DIETETICS  AND  NUTRITION
   36  PRACTICE  MEANS  THE  IDENTIFICATION  AND LABELING OF EXISTING NUTRITION
   37  PROBLEMS EXPRESSED IN TERMS OF ETIOLOGY, SIGNS AND  SYMPTOMS.  NUTRITION
   38  DIAGNOSIS IS DISTINCT FROM A MEDICAL DIAGNOSIS.
   39    3.  "NUTRITION  ASSESSMENT" MEANS THE SYSTEMATIC PROCESS OF OBTAINING,
   40  VERIFYING, AND INTERPRETING BIOCHEMICAL,  ANTHROPOMETRIC,  PHYSICAL  AND
   41  DIETARY  DATA  IN  ORDER TO MAKE DECISIONS ABOUT THE NATURE AND CAUSE OF
   42  NUTRITION RELATED PROBLEMS. NUTRITION ASSESSMENT IS AN ONGOING,  DYNAMIC
   43  PROCESS THAT INVOLVES INITIAL DATA COLLECTION, REASSESSMENT AND ANALYSIS
   44  OF  CLIENT  OR COMMUNITY NEEDS AND PROVIDES THE FOUNDATION FOR NUTRITION
   45  DIAGNOSIS AND NUTRITIONAL RECOMMENDATIONS INCLUDING ENTERAL  AND  PAREN-
   46  TERAL  NUTRITION.  THE MERE COLLECTION OF THESE DATA FOR USE IN A NUTRI-
   47  TION ASSESSMENT IS NOT A NUTRITION ASSESSMENT AND  DOES  NOT  REQUIRE  A
   48  LICENSE IN DIETETICS AND NUTRITION AS SET FORTH IN THIS ARTICLE.
   49    4. "NUTRITION INTERVENTION" IS A PURPOSEFULLY PLANNED ACTION, DESIGNED
   50  TO  POSITIVELY  CHANGE NUTRITION RELATED BEHAVIOR, RISK FACTOR, ENVIRON-
   51  MENTAL CONDITION OR ASPECTS OF HEALTH STATUS FOR INDIVIDUAL, GROUPS,  OR
   52  THE COMMUNITY.
   53    S 5. Section 8002 of the education law, as added by chapter 635 of the
   54  laws of 1991, is amended to read as follows:
   55    S 8002. [Use]  AUTHORIZATION of [titles] TITLE.  Only a person [certi-
   56  fied] LICENSED under this article shall be authorized to use  the  title
       S. 4999                             3
    1  ["certified  dietitian", "certified dietician", or "certified nutrition-
    2  ist"] "LICENSED DIETITIAN/NUTRITIONIST" OR "LDN".
    3    S  6.  Section 8003 of the education law, as amended by chapter 282 of
    4  the laws of 1992, is amended to read as follows:
    5    S 8003. State board for dietetics and nutrition.   A state  board  for
    6  dietetics  and  nutrition shall be appointed by the board of regents, on
    7  recommendation of the commissioner, for the  purpose  of  assisting  the
    8  board of regents and the department on matters of [certification] LICEN-
    9  SURE,  PRACTICE  and  professional  conduct  in  accordance with section
   10  sixty-five hundred eight of this chapter.
   11    The board shall consist of not  less  than  [thirteen]  NINE  members,
   12  [ten]  SEVEN  of whom shall be [certified dietitians or certified nutri-
   13  tionists, except that the members of the first board need not be  certi-
   14  fied   but shall be persons who are eligible for certification under the
   15  provisions of this article prior to  their  appointment  to  the  board]
   16  LICENSED  PURSUANT  TO THIS ARTICLE.  The [first] board, with respect to
   17  members representing  the  profession,  shall  consist  of  [five]  FOUR
   18  members  [registered]  CREDENTIALED  by  a national dietetic association
   19  having [registration] CREDENTIALING standards acceptable to the  depart-
   20  ment and [five] THREE members who are [members of or registered] CREDEN-
   21  TIALED  by  a national nutritional association having [membership and/or
   22  registration] CREDENTIALING  standards  acceptable  to  the  department.
   23  [Thereafter,  members of the profession appointed to such board shall be
   24  certified pursuant to this article.] To the extent reasonable, the board
   25  of regents should insure the state board is  broadly  representative  of
   26  various  [professional interests] PRACTICE AREAS within the dietetic and
   27  [nutritional] NUTRITION community.  [Three members] ONE MEMBER shall  be
   28  [representatives]  REPRESENTATIVE  of  the general public AND ONE MEMBER
   29  SHALL BE A PHYSICIAN LICENSED UNDER ARTICLE ONE  HUNDRED  THIRTY-ONE  OF
   30  THIS  TITLE.  An  executive secretary to the board shall be appointed by
   31  the board of regents on the recommendation of the commissioner.
   32    S 7. Section 8004 of the education law, as added by chapter 635 of the
   33  laws of 1991, subparagraph 2 of  paragraph  (a)  of  subdivision  2  and
   34  subparagraph  2  of  paragraph (b) of subdivision 2 and subdivision 3 as
   35  amended by chapter 282 of the laws  of  1992,  is  amended  to  read  as
   36  follows:
   37    S 8004. Requirements  for  [certification]  PROFESSIONAL LICENSE.   To
   38  qualify for [certification] A LICENSE, an applicant  shall  fulfill  the
   39  following requirements:
   40    1. File an application with the department;
   41    2.  [(a)(1)  Have received an education including a bachelor's degree,
   42  or   its   equivalent   as   determined   by    the    department,    in
   43  dietetics/nutrition  or  an equivalent major course of study which shall
   44  include appropriate core curriculum courses in dietetics/nutrition  from
   45  an  accredited  college  or university as approved by the department, in
   46  accordance with the commissioner's regulations; and
   47    (2) Have completed a planned,  continuous,  experience  component,  in
   48  accordance with the commissioner's regulations, in dietetic or nutrition
   49  practice  under  the  supervision  of a certified dietitian or certified
   50  nutritionist or a dietitian or nutritionist who is registered by or is a
   51  member of a national dietetic association or national nutrition  associ-
   52  ation  having  registration  or  membership  standards acceptable to the
   53  department; such experience shall be satisfactory to the  board  and  in
   54  accordance with the commissioner's regulations; or
   55    (b)(1)  Have  received  an education including an associates degree in
   56  dietetics or nutrition acceptable to the department,
       S. 4999                             4
    1    (2) In the last fifteen years have completed ten years  of  experience
    2  and education in the field of dietetics or nutrition satisfactory to the
    3  board in accordance with the commissioner's regulations. These ten years
    4  must  be  the  full time equivalent of any combination of post secondary
    5  dietetic  or  nutrition education and dietetic or nutrition work experi-
    6  ence satisfactory to the board in  accordance  with  the  commissioner's
    7  regulations, and
    8    (3) Have obtained the endorsement of three dietitians or nutritionists
    9  acceptable to the department] HAVE RECEIVED A BACHELOR'S DEGREE OR HIGH-
   10  ER  WHICH  INCLUDES  APPROPRIATE  MAJOR COURSE OF STUDY IN DIETETICS AND
   11  NUTRITION, OR A BACHELOR'S DEGREE OR HIGHER AND POST GRADUATE COMPLETION
   12  OF A MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION;  FROM  A  PROGRAM
   13  REGISTERED  BY  THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE
   14  SUBSTANTIAL EQUIVALENT, IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
   15  LATIONS.  MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION SHALL INCLUDE
   16  BUT NOT BE LIMITED TO SUCH AREAS AS HUMAN  NUTRITION,  NUTRITION  EDUCA-
   17  TION,  FOOD AND NUTRITION, DIETETIC OR FOOD SYSTEMS AND MANAGEMENT WHICH
   18  ADDRESSES THE PRACTICE OF DIETETICS AND NUTRITION UNDER  VARYING  CONDI-
   19  TIONS OF HEALTH AND DISEASE, SOCIAL, PHYSICAL, PSYCHOLOGICAL AND ECONOM-
   20  IC STATUS FOR APPROPRIATE NUTRITION CARE;
   21    3.  DURING THE FIRST TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDI-
   22  VISION, COMPLETE AT A MINIMUM, NINE HUNDRED HOURS  IN  THE  PRACTICE  OF
   23  DIETETICS  AND  NUTRITION  IN  A PLANNED, CONTINUOUS, ACCREDITED PROGRAM
   24  EXPERIENCE UNDER THE SUPERVISION OF AN INDIVIDUAL LICENSED  PURSUANT  TO
   25  THIS  ARTICLE, IN ACCORDANCE WITH  THE COMMISSIONER'S REGULATIONS; AFTER
   26  WHICH AND THEREAFTER, SUCH EXPERIENCE SHALL INCLUDE AT A MINIMUM  TWELVE
   27  HUNDRED HOURS;
   28    A.  AN  ACCREDITED  EXPERIENCE  PROGRAM  SHALL PROVIDE EXPERIENCE IN A
   29  VARIETY OF SETTINGS, WHICH MAY INCLUDE HOSPITALS, CLINICS, CORPORATIONS,
   30  AND PUBLIC HEALTH PROGRAMS AND INCLUDE A FORMAL  OUTCOME  EVALUATION  OF
   31  COMPETENCY IN DIETETICS AND NUTRITION PRACTICE.
   32    B.  PRACTICE  IN  AN  ACCREDITED EXPERIENCE PROGRAM SHALL BE UNDER THE
   33  SUPERVISION OF A LICENSED DIETITIAN/NUTRITIONIST, EXCEPT  PRIOR  TO  THE
   34  EFFECTIVE  DATE  OF THIS SUBDIVISION A SUPERVISOR NEED ONLY BE CERTIFIED
   35  AS A DIETITIAN OR NUTRITIONIST PURSUANT TO THIS  ARTICLE  PRIOR  TO  THE
   36  EFFECTIVE  DATE  OF  THIS  SUBDIVISION  OR  SHALL  BE  CREDENTIALED BY A
   37  NATIONAL  DIETETIC  CREDENTIALING  ORGANIZATION  OR  CREDENTIALED  BY  A
   38  NATIONAL  NUTRITIONAL CREDENTIALING ORGANIZATION. SUCH NATIONAL DIETETIC
   39  CREDENTIALING ORGANIZATION OR NATIONAL NUTRITION CREDENTIALING ORGANIZA-
   40  TION MUST BE ACCREDITED BY THE NATIONAL COMMISSION FOR CERTIFYING  AGEN-
   41  CIES  AND  APPROVED  BY  THE DEPARTMENT AND HAVE CREDENTIALING STANDARDS
   42  SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR  LICENSURE  PURSUANT
   43  TO THIS ARTICLE;
   44    [3.]  4.  Pass an examination satisfactory to the board and in accord-
   45  ance with the commissioner's regulations; provided that such examination
   46  shall test a level  of  knowledge  and  experience  equivalent  to  that
   47  obtained  by  an  individual  satisfactorily meeting the requirements of
   48  [paragraph (a) of  subdivision]  SUBDIVISIONS  two  AND  THREE  of  this
   49  section;
   50    [4.]  5.  Pay a fee of one hundred seventy-five dollars to the depart-
   51  ment for admission to a department conducted examination and for initial
   52  certification, a fee of eighty-five dollars for  each  reexamination,  a
   53  fee  of  one  hundred  fifteen  dollars for an initial certification for
   54  persons not requiring admission to a department conducted examination, a
   55  fee of one hundred [fifty-five] SEVENTY-FIVE dollars for each  triennial
   56  registration period;
       S. 4999                             5
    1    [5.] 6. Be at least eighteen years of age;
    2    7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
    3    S 8. Section 8005 of the education law, as added by chapter 635 of the
    4  laws of 1991, is amended to read as follows:
    5    S 8005. Special  provisions.  1.  Nothing  [contained  in this article
    6  shall be deemed to alter, modify or impair any conditions of  employment
    7  relating  to  service  in the federal government, the state of New York,
    8  its political  subdivisions,  including  school  districts,  or  special
    9  districts  and  authorities  or any facilities or institutions under the
   10  jurisdiction of or subject to the certification of  any  agency  of  the
   11  state  of  New York or its political subdivisions] IN THIS ARTICLE SHALL
   12  PROHIBIT OR LIMIT ANY STATE, COUNTY OR MUNICIPAL EMPLOYEE ENGAGED IN THE
   13  PRACTICE OF DIETETICS AND NUTRITION ON THE DATE THE CHAPTER OF THE  LAWS
   14  OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SECTION TAKES EFFECT FOR THE
   15  PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH GOVERNMENTAL
   16  UNIT  WITHIN  THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED TO THE
   17  SERVICES PROVIDED UPON SUCH EFFECTIVE DATE, HOWEVER, THIS SECTION  SHALL
   18  NOT  AUTHORIZE THE USE OF ANY TITLE AUTHORIZED PURSUANT TO THIS ARTICLE.
   19  PROVIDED HOWEVER, THAT EMPLOYEES ENGAGED IN THE  PRACTICE  OF  DIETETICS
   20  AND NUTRITION HIRED TWO YEARS AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT
   21  TO ALL THE REQUIREMENTS OF THIS ARTICLE.
   22    2.  THIS ARTICLE SHALL NOT PROHIBIT DIETETIC AND NUTRITION PRACTICE BY
   23  A CORPORATION, PROVIDED THAT SUCH PRACTICE IS CARRIED ON BY  A  LICENSED
   24  DIETITIAN/NUTRITIONIST  OR  A  PERSON  EXEMPT  UNDER  THIS  ARTICLE.   A
   25  VIOLATION OF THIS SUBDIVISION SHALL BE A CLASS A MISDEMEANOR.
   26    S 9. Section 8006 of the education law, as added by chapter 635 of the
   27  laws of 1991 and subdivision 2 as amended by chapter 282 of the laws  of
   28  1992, is amended to read as follows:
   29    S  8006.  Special  conditions.    [A person shall be certified without
   30  examination provided that, within three years of the effective  date  of
   31  this article, the individual:
   32    1.  files  an application and pays the appropriate fees to the depart-
   33  ment; and
   34    2.  (a) is registered as a dietitian or  nutritionist  by  a  national
   35  dietetic or national nutrition association having registration standards
   36  acceptable to the department;
   37    (b)  meets  the  requirements  of subparagraph one of paragraph (a) of
   38  subdivision two and subdivision five of section eight thousand  four  of
   39  this article and has been actively engaged in the provision of nutrition
   40  care  services  for a minimum of three years during the five years imme-
   41  diately preceding the effective date of this article; or
   42    (c) meets all the requirements of paragraph (b) of subdivision two and
   43  subdivision five of section eight thousand four of  this  article.]  ANY
   44  PERSON  WHO  IS  LICENSED AS A CERTIFIED DIETITIAN OR A CERTIFIED NUTRI-
   45  TIONIST (CDN) ON THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF  TWO
   46  THOUSAND  THIRTEEN  WHICH  AMENDED  THIS  SECTION SHALL BE LICENSED AS A
   47  LICENSED DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL  REQUIRE-
   48  MENTS.
   49    S 10. The education law is amended by adding two new sections 8007 and
   50  8008 to read as follows:
   51    S  8007. EXEMPTIONS.  THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR
   52  PREVENT:
   53    1. A LICENSED PHYSICIAN FROM  PRACTICING  HIS  OR  HER  PROFESSION  AS
   54  DEFINED   UNDER   ARTICLES   ONE  HUNDRED  THIRTY-ONE  AND  ONE  HUNDRED
   55  THIRTY-ONE-B OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A  CERTI-
   56  FIED  NURSE  PRACTITIONER  PRACTICING  HIS  OR HER PROFESSION AS DEFINED
       S. 4999                             6
    1  UNDER ARTICLE ONE  HUNDRED  THIRTY-NINE  OF  THIS  TITLE;  OR  QUALIFIED
    2  MEMBERS  OF  OTHER PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING
    3  WORK INCIDENTAL TO THE PRACTICE OF THEIR PROFESSIONS, EXCEPT  THAT  SUCH
    4  PERSONS  MAY  NOT HOLD THEMSELVES OUT UNDER THE TITLE AUTHORIZED BY THIS
    5  ARTICLE;
    6    2. AN INDIVIDUAL FROM ENGAGING IN THE PRACTICE OF DIETETICS OR  NUTRI-
    7  TION  WHILE  PARTICIPATING  IN  THE EDUCATION OR EXPERIENCE REQUIREMENTS
    8  DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION EIGHT THOUSAND FOUR  OF
    9  THIS ARTICLE;
   10    3.  ANY PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE LICENSED
   11  PURSUANT TO THIS ARTICLE FROM FURNISHING GENERAL  NON-MEDICAL  NUTRITION
   12  INFORMATION  ON FOOD OR DIETARY SUPPLEMENTS; ENGAGING IN THE EXPLANATION
   13  TO CUSTOMERS ABOUT FOOD OR FOOD PRODUCTS IN CONNECTION WITH THE  MARKET-
   14  ING  AND  DISTRIBUTION  OF THOSE PRODUCTS; PROVIDED THAT NOTHING IN THIS
   15  SUBDIVISION SHALL BE DEEMED TO AUTHORIZE THE PROVISION OF MEDICAL NUTRI-
   16  TION THERAPY.  FOR PURPOSES OF THIS SUBDIVISION,
   17    "GENERAL NON-MEDICAL NUTRITION INFORMATION" MEANS INFORMATION  ON  THE
   18  FOLLOWING:  (A)  "PRINCIPLES OF GOOD NUTRITION AND FOOD PREPARATION; (B)
   19  FOOD TO BE INCLUDED IN THE NORMAL DAILY DIET; (C) THE  ESSENTIAL  NUTRI-
   20  ENTS NEEDED BY THE BODY; (D) RECOMMENDED AMOUNTS OF THE ESSENTIAL NUTRI-
   21  ENTS,  BASED  ON  ESTABLISHED STANDARDS; (E) THE ACTIONS OF NUTRIENTS ON
   22  THE BODY; (F) THE EFFECTS OF DEFICIENCIES OR EXCESSES OF  NUTRIENTS;  OR
   23  (G)  FOOD  AND SUPPLEMENTS THAT ARE GOOD SOURCES OF ESSENTIAL NUTRIENTS;
   24  AND
   25    4. A PERSON FROM PRESENTING  A  GENERAL  PROGRAM  OF  INSTRUCTION  FOR
   26  WEIGHT  CONTROL PROVIDED THE GENERAL PROGRAM IS APPROVED IN WRITING BY A
   27  LICENSED DIETITIAN, A DIETITIAN REGISTERED BY THE COMMISSION OF DIETETIC
   28  REGISTRATION OF THE AMERICAN DIETETIC ASSOCIATION OR A  LICENSED  PHYSI-
   29  CIAN.
   30  PROVIDED  THAT,  NO  TITLE,  SIGN,  CARD OR DEVICE SHALL BE USED IN SUCH
   31  MANNER AS TO TEND TO CONVEY THE IMPRESSION  THAT  THE  PERSON  RENDERING
   32  SUCH SERVICE IS LICENSED PURSUANT TO THIS ARTICLE.
   33    5.  AN  INDIVIDUAL  EMPLOYED  BY A WIC PROGRAM AS A "COMPETENT PROFES-
   34  SIONAL AUTHORITY" AS DEFINED IN 7 C.F.R S 246.2  (1895)  FROM  PROVIDING
   35  NUTRITION  SERVICES  WITHIN  SUCH  WIC  PROGRAM.  FOR THE PURPOSE OF THE
   36  SUBDIVISION THE TERM "WIC PROGRAM" SHALL MEAN A PROGRAM AUTHORIZED BY 42
   37  U.S.C. S 1786.
   38    S 8008. LIMITED PERMIT. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT TO
   39  AN APPLICANT FOR LICENSURE WHO HAS MET ALL THE REQUIREMENTS  OF  SECTION
   40  EIGHT THOUSAND FOUR OF THIS ARTICLE, BUT HAS NOT YET PASSED THE EXAMINA-
   41  TION. 1. THE DURATION OF A LIMITED PERMIT SHALL NOT EXCEED ONE YEAR FROM
   42  THE  TIME OF ITS FIRST ISSUE AND THE DEPARTMENT MAY FOR GOOD CAUSE RENEW
   43  A LIMITED PERMIT PROVIDED THAT NO APPLICANT  SHALL  PRACTICE  UNDER  ANY
   44  LIMITED PERMIT FOR MORE THAN A TOTAL OF TWO YEARS.
   45    2.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
   46  OF AN INDIVIDUAL LICENSED PURSUANT TO THIS ARTICLE.
   47    3. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY-FIVE DOLLARS.
   48    S 11. This act shall take effect one year after it shall have become a
   49  law; provided however, that effective immediately, the addition,  amend-
   50  ment and/or repeal of any rule or regulation necessary for the implemen-
   51  tation  of  this act on its effective date is authorized and directed to
   52  be made and completed by the department of education on or  before  such
   53  effective date.
feedback