REPORT TITLE:
Dietitians


DESCRIPTION:
Establishes a process for the certification of dietitians. (HB749
HD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        749
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DIETITIANS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that nutrition plays a
 
 2 critical role in growth and brain development, the prevention of
 
 3 diseases such as cancer, the control and treatment of many
 
 4 diseases including arteriosclerosis and diabetes, and the
 
 5 attainment and maintenance of health.  Due to the growing
 
 6 awareness of the relationship between sound nutrition and health,
 
 7 there has also been a virtual explosion in the amount of
 
 8 information available to the public about nutrition.
 
 9 Unfortunately, but understandably, much of this information is
 
10 contradictory, confusing, and misleading and, when followed, may
 
11 actually undermine rather than improve a person's health.  In
 
12 addition, there has also been substantial growth in the amount of
 
13 quackery practiced in our community by persons providing services
 
14 as dietitians, a profession that is not yet regulated by the
 
15 State.
 
16      Accordingly, the legislature finds that to protect the
 
17 health, safety, and welfare of the public, dietitians should be
 
18 certified.  A dietitian certification program will supplement
 
19 applicable federal legislation, and establish appropriate
 
20 standards and qualifications for those who wish to practice as
 

 
Page 2                                                     749
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1 certified dietitians in this State.  This will serve the public
 
 2 welfare by identifying those persons who have demonstrated a
 
 3 basic understanding of sound, scientifically-based dietetic
 
 4 principles, and who are qualified to provide dietitian services.
 
 5      The purpose of this Act is to establish a certification
 
 6 program for dietitians that establishes certification and
 
 7 disciplinary procedures and standards, and sets forth the
 
 8 training and educational qualifications necessary to become a
 
 9 state certified dietitian.
 
10      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
11 a new chapter to be appropriately designated and to read as
 
12 follows:
 
13                             "CHAPTER
 
14                            DIETITIANS
 
15      §  -1  Definitions.  As used in this chapter, unless the
 
16 context otherwise requires:
 
17      "Association" means the American Dietetic Association.
 
18      "Certified dietitian" means a person who uses the title of
 
19 certified dietitian, state certified dietitian, or dietitian and
 
20 has been certified under this chapter to engage in the practice
 
21 of dietetics.
 
22      "Commission on Accreditation" means the Commission on
 
23 Accreditation/Approval for Dietetic Education.
 

 
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                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      "Department" means the department of commerce and consumer
 
 2 affairs.
 
 3      "Dietetic practice" means the integration and application of
 
 4 scientific principles of nutrition, biochemistry, physiology,
 
 5 food, behavioral, and social sciences, in managing disease, and
 
 6 achieving and maintaining human health throughout the life cycle.
 
 7      "Director" means the director of commerce and consumer
 
 8 affairs.
 
 9      §  -2 Dietitian certification program.  There is
 
10 established a dietitian certification program within the
 
11 department to be administered by the director.
 
12      §  -3 Powers and duties of the director.  In addition to
 
13 any other powers and duties authorized by law, the director shall
 
14 have the following powers and duties:
 
15      (1)  Examine and approve the qualifications of all
 
16           applicants under this chapter and issue a certification
 
17           to each successful applicant, granting permission to
 
18           use the title of "certified dietitian", "state
 
19           certified dietitian", or "dietitian" in this State
 
20           pursuant to this chapter and the rules adopted under
 
21           this chapter;
 
22      (2)  Adopt, amend, or repeal rules pursuant to this chapter
 
23           in accordance with chapter 91;
 

 
Page 4                                                     749
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      (3)  Administer, coordinate, and enforce this chapter and
 
 2           the rules adopted pursuant thereto;
 
 3      (4)  Discipline a person certified as a dietitian for any
 
 4           cause described by this chapter or for any rule
 
 5           violation, fine any certified dietitian for any cause
 
 6           described by this chapter, or refuse to certify a
 
 7           person for failure to meet the certification
 
 8           requirements for any cause that would be grounds for
 
 9           disciplining a certified dietitian; and
 
10      (5)  Appoint an advisory committee to assist with the
 
11           implementation of this chapter, wherein the majority of
 
12           the members shall be certified dietitians, and the
 
13           remainder shall be members of the public; provided that
 
14           the initial members of the advisory committee who are
 
15           dietitians shall be exempt from the certification
 
16           requirements.
 
17      §  -4 Fees; disposition.(a)  Application,
 
18 certification, renewal, penalty fees, and other fees relating to
 
19 the administration of this chapter, none of which may be
 
20 refunded, shall be as provided in rules adopted by the director
 
21 pursuant to chapter 91.
 
22      (b)  The fees assessed shall be managed in accordance with
 
23 section 26-9(l).
 

 
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                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      §  -5 Certification; requirements.(a)  No person shall
 
 2 purport to be a "certified dietitian", "state certified
 
 3 dietitian", or use the letters "C.D." or "S.C.D" in connection
 
 4 with the person's name, or use any words or symbols indicating or
 
 5 tending to indicate that the person is a certified dietitian
 
 6 without meeting the applicable requirements and holding a
 
 7 certification pursuant to this chapter.
 
 8      (b)  An applicant for a dietitian's certification shall:
 
 9      (1)  Submit an application on a form prescribed by the
 
10           director;
 
11      (2)  Furnish satisfactory evidence of meeting the following
 
12           requirements:
 
13           (A)  Completion of a didactic program in dietetics that
 
14                is approved or accredited by the Commission on
 
15                Accreditation and at least a baccalaureate degree
 
16                from a college or university accredited by an
 
17                accrediting agency recognized by the United States
 
18                Secretary of Education.  Applicants who have
 
19                obtained their education outside of the United
 
20                States and its territories shall also obtain
 
21                validation of their academic degrees by an agency
 
22                authorized to validate foreign academic degrees as
 
23                being equivalent to a baccalaureate, master's, or
 

 
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                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1                doctoral degree conferred by a regionally-
 
 2                accredited college or university in the United
 
 3                States.  Validation of a foreign degree shall not
 
 4                eliminate the need for a verification statement of
 
 5                completion of a didactic program in dietetics;
 
 6           (B)  Complete a nine hundred hour supervised practice
 
 7                requirement from a program approved by the
 
 8                Commission on Accreditation or the Association;
 
 9           (C)  Pass a national examination administered by the
 
10                Commission on Dietetic Registration, the
 
11                credentialing agency for the Association; and
 
12           (D)  Submit a report of any disciplinary action
 
13                relating to dietetics practice taken against the
 
14                applicant in another jurisdiction.
 
15      §  -6 Issuance.  The director shall issue a certification
 
16 to any person who meets all licensing requirements and pays the
 
17 appropriate fees.
 
18      §  -7 Certification issued by endorsement.  The director
 
19 shall grant, upon application and payment of proper fees, a
 
20 certification to a person who, at the time of application, holds
 
21 a valid license or certification as a dietitian issued by another
 
22 state, territory, or jurisdiction, if the requirements for that
 
23 license or certification are equal to, or greater than, the
 
24 requirements of this chapter.
 

 
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                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      §  -8 Renewal.  Certification shall be renewed
 
 2 triennially on or before June 30, with the first renewal deadline
 
 3 occurring on June 30, 2003.  Failure to renew a certification
 
 4 shall result in a forfeiture of the certification.
 
 5 Certifications that have been forfeited may be restored within
 
 6 one year of the expiration date upon payment of renewal and
 
 7 restoration fees.  Failure to restore a forfeited certification
 
 8 within one year of the date of its expiration shall result in the
 
 9 automatic termination of the certification.  Persons with
 
10 terminated certifications shall be required to reapply as a new
 
11 applicant.
 
12      §  -9  Revocation, suspension, limitation, or denial of
 
13 certifications; fines. In addition to any other actions
 
14 authorized by law, the director may deny, revoke, limit, suspend,
 
15 or refuse to renew any certification granted pursuant to this
 
16 chapter and may fine or otherwise discipline a certified
 
17 dietitian for any one or any combination of the following causes:
 
18      (1)  Conviction by a court of competent jurisdiction of a
 
19           crime which the director has determined to be of a
 
20           nature that renders the person convicted unfit to
 
21           practice dietetics;
 
22      (2)  Failing to report in writing to the director any
 
23           disciplinary decision related to dietetic practice
 

 
Page 8                                                     749
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1           issued against the certified dietitian or the applicant
 
 2           in any jurisdiction within thirty days of the
 
 3           disciplinary decision or within twenty days of
 
 4           certification;
 
 5      (3)  Violation of recognized ethical standards for
 
 6           dietitians as set by the American Dietetic Association;
 
 7      (4)  Use of fraud, deception, or misrepresentation in
 
 8           obtaining a certification;
 
 9      (5)  Revocation, suspension, or other disciplinary action by
 
10           another state, territory, federal agency, or country
 
11           against the certified dietitian or applicant for any
 
12           reason stated in paragraphs (1) through (4); or
 
13      (6)  Other just and sufficient cause that renders a person
 
14           unfit to practice dietetics.
 
15      §  -10  Prohibited acts; penalties.(a)  No person shall:
 
16      (1)  Use in connection with the person's name any
 
17           designation tending to imply that the person is a
 
18           certified dietitian unless the person is duly certified
 
19           and authorized under this chapter; and
 
20      (2)  Represent oneself as a certified dietitian during the
 
21           time the person's certification issued under this
 
22           chapter has been forfeited, terminated, suspended, or
 
23           revoked.
 

 
Page 9                                                     749
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      (b)  Any person who violates this section shall be subject
 
 2 to a fine of not more that $1,000 per violation."
 
 3      SECTION 3.  This Act shall take effect on July 1, 2000.