REPORT TITLE:
Dietitians


DESCRIPTION:
Establishes licensure for dietitians.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           510
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 purpose of this Act is to provide for the
 
 2 regulation of persons offering dietetic services to:
 
 3      (1)  Safeguard the public health, safety, and welfare;
 
 4      (2)  Protect those seeking dietetic services from
 
 5           incompetent and unscrupulous persons, and persons
 
 6           unauthorized to perform these services;
 
 7      (3)  Assure the highest degree of professional conduct on
 
 8           the part of dietitians; and
 
 9      (4)  Assure the availability of high quality dietetic
 
10           services.
 
11      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
12 a new chapter to title 25 to be appropriately designated and to
 
13 read as follows:
 
14                             "CHAPTER
 
15                            DIETITIANS
 
16      § -1  Definitions.  As used in this chapter:
 
17      "Association" means the American Dietetic Association.
 
18      "Department" means the department of commerce and consumer
 
19 affairs.
 

 
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 1      "Director" means the director of commerce and consumer
 
 2 affairs.
 
 3      "Licensed dietitian" means a person licensed to practice
 
 4 dietetics under this chapter.
 
 5      §  -2  Dietitian licensing program.  There is established a
 
 6 dietitian licensing program within the department to be
 
 7 administered by the director.
 
 8      § -3  Powers and duties of the director.  In addition to
 
 9 any other powers and duties authorized by law, the director shall
 
10 have the following powers and duties:
 
11      (1)  Examine and approve the qualifications of all
 
12           applicants under this chapter and issue a license to
 
13           each successful applicant granting permission to use
 
14           the title of "licensed dietitian" in this State
 
15           pursuant to this chapter and the rules adopted pursuant
 
16           thereto;
 
17      (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as
 
18           the director finds necessary to carry out this chapter;
 
19      (3)  Administer, coordinate, and enforce this chapter and
 
20           rules adopted pursuant thereto;
 
21      (4)  Discipline a licensed dietitian for any cause described
 
22           by this chapter or for any violation of the rules, and
 
23           refuse to license a person for failure to meet
 

 
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 1           licensing requirements or for any cause that would be
 
 2           grounds for disciplining a licensed dietitian; and
 
 3      (5)  Appoint an advisory committee consisting of licensed
 
 4           dietitians to assist with the implementation of this
 
 5           chapter and the rules adopted pursuant thereto.
 
 6      § -4  License required.  No person shall purport to be a
 
 7 "licensed dietitian" or use the letters "L.D." in connection with
 
 8 the person's name, or use any words or symbols indicating or
 
 9 tending to indicate that the person is a licensed dietitian
 
10 without meeting the applicable requirements and holding a license
 
11 as set forth in this chapter.
 
12      § -5  Licensing requirements.  In addition to the
 
13 licensing requirements provided by section 436B-10, the director
 
14 shall consider as minimum evidence that an applicant is qualified
 
15 to be licensed and the applicant is a current active registered
 
16 dietitian (R.D.) whose credential has been conferred by the
 
17 Commission on Dietetic Registration of the Association.
 
18      §  -6  Licensure by endorsement.  The director shall grant,
 
19 upon application and payment of proper fees, a license to a
 
20 person who, at the time of application, holds a valid license as
 
21 a dietitian issued by another state, territory, or jurisdiction
 
22 if the requirements for that license are equal to, or greater
 
23 than, the requirements of this chapter.
 

 
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 1      §  -7  Issuance of license.  The director shall issue a
 
 2 license to any person who meets the requirements of this chapter,
 
 3 upon payment of the prescribed license fee.
 
 4      §   -8 Renewal of license.(a)  Every license issued under
 
 5 this chapter shall be renewed biennially on or before June 30,
 
 6 with the first renewal deadline occurring on June 30,     .
 
 7 Failure to renew a license shall result in a forfeiture of the
 
 8 license.  Licenses which have been so forfeited may be restored
 
 9 within one year of the expiration date upon payment of renewal
 
10 and penalty fees.  Failure to restore a forfeited license within
 
11 one year of the date of its expiration shall result in the
 
12 automatic termination of the license and relicensure may be
 
13 subject to the person applying as a new applicant and satisfying
 
14 again all licensing requirements.
 
15      (b)  Upon request, the director may grant inactive status to
 
16 a licensee.
 
17      § -9  Fees; disposition.(a)  Application, examination,
 
18 reexamination, license, renewal, late renewal penalty fees,
 
19 inactive and other reasonable and necessary fees relating to
 
20 administration of this chapter, none of which are refundable,
 
21 shall be as provided in rules adopted by the director pursuant to
 
22 chapter 91.
 
23      (b)  Fees assessed shall defray all costs to be incurred by
 

 
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 1 the director to support the operation of the dietitian licensing
 
 2 program.  Fees collected shall be managed in accordance with
 
 3 section 26-9(1).
 
 4      § -10  Revocation, suspension, denial, or condition of
 
 5 licenses; fines.  In addition to any other acts or conditions
 
 6 provided by law, the director may refuse to renew, reinstate, or
 
 7 restore, or may deny, revoke, suspend, or condition in any manner
 
 8 any license for any one or more of the following acts or
 
 9 conditions on the part of the applicant or licensee:
 
10      (1)  Obtaining a license by means of fraud,
 
11           misrepresentation, or concealment of material facts;
 
12      (2)  Being guilty of unprofessional conduct as defined by
 
13           rule or ethical standards as set by the Association;
 
14      (3)  Being convicted of a crime except for petty
 
15           misdemeanors, violations, or offenses;
 
16      (4)  Violating any lawful order or rule rendered or adopted
 
17           by the director; and
 
18      (5)  Violating any provision of this chapter.
 
19      § -11  Prohibited acts; penalties.(a)  No person shall:
 
20      (1)  Use in connection with the person's name any
 
21           designation tending to imply that the person is a
 
22           licensed dietitian unless the person is duly licensed
 
23           and authorized under this chapter; or
 

 
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 1      (2)  Represent oneself as a licensed dietitian during the
 
 2           time the person's license issued under this chapter is
 
 3           forfeited, inactive, terminated, suspended, or revoked.
 
 4      (b)  Any person who violates this section shall be subject
 
 5 to a fine of not more than $1,000 and each day's violation shall
 
 6 be deemed a separate offense."
 
 7      SECTION 3.  This Act shall take effect on January 1, 2000.
 
 8 
 
 9                           INTRODUCED BY:  _______________________