Current Status Introducing Body:Senate Bill Number:1421 Primary Sponsor:Matthews Committee Number:13 Type of Legislation:GB Subject:Licensed Dietician/Licensed Nutritionist Act Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:BR1/2189.AC Introduced Date:Mar 24, 1992 Last History Body:Senate Last History Date:Mar 24, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Matthews Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1421 Senate Mar 24, 1992 Introduced, read first time, 13
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 76 TO TITLE 44 SO AS TO PROVIDE FOR THE LICENSED DIETITIAN/LICENSED NUTRITIONIST ACT BY PROVIDING DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING RELATED DUTIES FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDING FOR THE PRACTICE OF DIETETICS AND NUTRITION AND THE USE OF THE TITLE `LICENSED DIETITIAN' AND `LICENSED NUTRITIONIST', PROVIDING FOR ELIGIBILITY, LICENSURE, AND EXAMINATION REQUIREMENTS, PROVIDING THE CIRCUMSTANCES UNDER WHICH A PERSON MAY PRACTICE WITHOUT EXAMINATION, AND ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS; AND TO PROVIDE FOR A STAGGERED INITIAL TERM OF ONE BOARD MEMBER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that it is important to protect the health, safety, and welfare of the public by providing for the licensing and regulation of persons engaged in the practice of dietetics and nutrition.
SECTION 2. Title 44 of the 1976 Code is amended by adding:
Section 44-76-10. This chapter may be cited as the South Carolina Licensed Dietitian/Licensed Nutritionist Act.
Section 44-76-20. As used in this chapter:
(1) `Board' means the South Carolina Advisory Board of Dietetics and Nutrition established pursuant to this chapter.
(2) `Department' means the South Carolina Department of Health and Environmental Control.
(3) `Dietetics and nutrition' means the integration and application of the principles derived from nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain people's health through the provision of nutrition care services.
(4) `Nutritional assessment' means the evaluation of the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake including enteral and parenteral nutrition.
(5) `Nutrition counseling' means advising and assisting individuals and groups about appropriate nutritional intake in health and disease by integrating results of the nutritional assessment with information on food and sources of nutrients and meal preparation in order to achieve or maintain the highest possible level of health.
(6) `Commission' means the Commission of Dietetic Registration, a member of the National Commission for Health Certifying Agencies.
(7) `Degree' means a degree received from college or university regionally accredited at the time the degree was conferred and recognized by the Council on Post Secondary Accreditation and the United States Department of Education.
(8) `Licensed dietitians and licensed nutritionists' means those persons licensed under this chapter who, by the attainment of educational achievements as outlined in Section 44-76-80, apply the science and art of utilizing food and the fundamental knowledge of nutrition and metabolism in the various conditions of health and disease.
Section 44-76-30. The South Carolina Advisory Board of Dietetics and Nutrition is created within the South Carolina Department of Health and Environmental Control. The board consists of six members, five of whom must be appointed by the Governor and who must be residents of the State and the Commissioner of the South Carolina Department of Health and Environmental Control or his designee shall serve ex officio. Three of the members must be licensed dietitians or licensed nutritionists who have been engaged actively in the practice of dietetics or nutrition in the State for at least three years preceding their appointment, one member must be a physician licensed to practice medicine in this State, and one member must be a consumer representing the public. The South Carolina Dietetic Association or any individual, group, or association in the State may submit a list of recommendations to the Governor for possible appointment. The terms of office of the members of the board are for three years and until their successors are appointed and qualify. Vacancies must be filled by appointment for the remainder of the unexpired term in the manner of the original appointment.
Section 44-76-40. Members of the board may receive no salary but are allowed the usual mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees.
Section 44-76-50. The board shall elect annually from among its members a chairman, vice-chairman, and a secretary. The board shall meet at least twice a year upon the call of the chairman.
Section 44-76-60. (A) The department shall:
(1) appoint and prescribe the duties of an executive secretary;
(2) review the qualifications of applicants for licensure;
(3) insure the proper conduct and standards of examinations;
(4) issue and renew biennial licenses for dietitians and nutritionists pursuant to this chapter;
(5) maintain a record of every dietitian and nutritionist licensed in this State, their place of business, place of residence, and the date and number of their license;
(6) promulgate regulations pursuant to the provisions of Article 1, Chapter 23 of Title 1, the Administrative Procedures Act, relating to a code of ethics, continuing education, and other matters necessary to administer and carry out this chapter;
(7) revoke, suspend, or fail to renew or issue the license of a dietitian or nutritionist who fails to maintain the standards and qualifications as determined by the board in regulation.
(B) The regulations provided for in this section apply only to licensed dietitians and licensed nutritionists.
Section 44-76-70. A person who furnishes general information on food, food materials, or dietary supplements or who engages in the explanation to customers about foods or food products in connection with the marketing and distribution of those products or who does both may do so as long as the person does not hold out or represent to the public that the person is a `licensed dietitian' or `licensed nutritionist'. A person may be regarded as a `licensed dietitian' or `licensed nutritionist' within the meaning of this chapter who meets the qualifications as prescribed in Section 44-76-80. It is unlawful for a person to use the title `licensed dietitian' or `licensed nutritionist', alone or in combination, or use the letters `L.D.' or `L.N.", or a facsimile of the above unless qualified and licensed in the manner prescribed in this chapter. Nothing in this chapter requires an agency, public or private, to employ `licensed dietitians' or `licensed nutritionists' nor mandates third party reimbursement by any insurance company for services rendered by a `licensed dietitian' or `licensed nutritionist'.
Section 44-76-80. This chapter does not apply to retail establishments or to manufacturers or distributors of food, food materials, or dietary supplements, or persons employed by them. Nothing in this chapter may be construed as prohibitive to a person engaged in these businesses from giving explanations of the use and benefits of those products or the preparation of them if that person does not engage for a fee in dietetics and nutrition practice as defined in this chapter.
Section 44-76-90. To be eligible for licensure as a dietitian or nutritionist, an applicant shall meet the following requirements:
(1) completed a minimum of a baccalaureate degree from a regionally accredited college or university with a major course of study in human nutrition, food and nutrition, food systems management, or dietetics. Applicants who have obtained their education outside of the United States and its territories must have their academic degree validated as equivalent to the baccalaureate or master's degree conferred by a regionally accredited college or university in the United States;
(2) completed a planned, continuous supervised practice experience in dietetic practice of not less than nine hundred hours under the supervision of a registered dietitian, licensed dietitian, or licensed nutritionist. Supervised practice experience must be completed in the United States and its territories;
(3) passed an examination approved by the board.
Section 44-76-100. A person holding a license, based on comparable licensing requirements by a state, territory, or possession of the United States or the District of Columbia who, in the opinion of the department, otherwise meets the requirements of this chapter, upon application and payment of applicable fees, may be licensed without further examination.
Section 44-76-110. A person who is practicing dietetics and nutrition in this State on the effective date of this chapter and would like to be regarded as a licensed dietitian or licensed nutritionist may qualify without examination upon completion of a licensing application and the payment of the appropriate fee if the applicant:
(1) holds a baccalaureate degree with a major course of study in human nutrition, foods and nutrition, food systems management, or dietetics and has been employed in the practice of dietetics or nutrition for at least three of the ten years before the effective date of this chapter; and
(2) meets the requirements of Section 44-76-90(1); or
(3) provides evidence of current registration by the American Dietetic Association's Commission on Dietetic Registration.
Section 44-76-120. A person applying for licensure shall demonstrate eligibility for licensure pursuant to Section 44-76-90 and shall make application to the department in a manner the department prescribes. The application must be accompanied by the fee prescribed by the department.
Section 44-76-130. A license issued under this chapter is valid for two years. A license after initial issuance may be renewed in the manner provided by the department by regulation and upon the payment of a renewal fee.
Section 44-76-140. A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days. Each violation constitutes a separate offense."
SECTION 3. One year after the appointment of the board, an applicant for licensure as a dietitian or nutritionist shall meet the requirements of Section 44-76-90 as added in Section 2 of this act.
SECTION 4. The Governor shall designate one licensed dietitian or licensed nutritionist member of the South Carolina Advisory Board of Dietetics and Nutrition, as provided for in Section 44-76-30 and added in Section 2 of this act, to serve an initial term of one year.
SECTION 5. This act takes effect upon approval by the Governor.