Current Status Introducing Body:House Bill Number:3737 Primary Sponsor:Felder Committee Number:27 Type of Legislation:GB Subject:Dietitian/Nutritionist Act Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:BBM/9301.JM Introduced Date:Mar 28, 1991 Last History Body:House Last History Date:Mar 28, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Felder Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3737 House Mar 28, 1991 Introduced, read first time, 27
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 DETAILING DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING THE DUTIES OF THE 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', CLARIFYING THEIR EMPLOYMENT AND REIMBURSEMENT, PROVIDING FOR THE LICENSURE AND EXAMINATION REQUIREMENTS, PROVIDING THE CIRCUMSTANCES UNDER WHICH A PERSON MAY PRACTICE WITHOUT EXAMINATION, ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS, AND TO PROVIDE FOR THE LICENSURE REQUIREMENTS AFTER JANUARY 1, 1992, AND THE INITIAL TERM OF A 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 regulating 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 Section 44-76-30.
(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 the sciences of chemistry, biology, biochemistry, microbiology, anatomy, and physiology to achieve and maintain people's health.
(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 by normal means as well as by intravenous tubes or other feeding tubes.
(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 a 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 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.
(9) `Licensed dietitian/licensed nutritionist' means a person licensed under this chapter.
Section 44-76-30. There is created within the Department of Health and Environmental Control the South Carolina Advisory Board of Dietetics and Nutrition. The board consists of five members appointed by the Governor who are residents of the State, one of whom must be a consumer member of the public. Neither the consumer member nor members of his immediate family may be in the business of selling nutritional services or products. Of the remaining four members, three must be licensed dietitians or licensed nutritionists under the provisions of this chapter who have been engaged actively in the practice of dietetics or nutrition in the State for at least three years preceding their appointment, and one must be a physician licensed to practice medicine in this State.
The Governor shall appoint the three licensed dietitians or licensed nutritionists members of the board. The South Carolina Dietetic Association 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 same manner originally appointed.
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. The cost of the operation of the board must be paid from fees or other payments collected by the board from applicants and licensees.
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. 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) adopt regulations and standards relating to a code of ethics to practice dietetics or nutrition in this State;
(7) refuse to admit a person to an examination or 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;
(8) establish regulations with respect to continuing educational requirements;
(9) establish other regulations necessary to effectuate the purposes of this chapter.
Section 44-76-70. A person who practices dietetics or nutrition may practice as long as he does not hold himself out or represent himself to the public as 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. To be eligible for licensure as a dietitian or nutritionist, an applicant must be at least eighteen years of age and shall meet one of the following requirements:
(1) holds a membership in the American Institute of Nutrition, American Society for Clinical Nutrition, or American Board of Nutrition;
(2) completed a doctorate degree in human nutrition or other closely allied discipline as determined by the board;
(3) passed an examination approved by the board and completed the education and experience requirements for registered dietitians approved by the commission.
Section 44-76-90. 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 practice 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 science, food technology, dietetics, or a related field that meets eligibility requirements of the board 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;
(2) is a dietitian registered by the commission; or
(3) meets the requirements of Section 44-76-80(1) or (2).
Section 44-76-100. A person applying for licensure, in addition to demonstrating his eligibility in accordance with the requirements of applications for licenses, shall make application to the department in a manner the department prescribes. The application must be accompanied by the fee prescribed by the department which must not be refunded.
Section 44-76-110. Licenses must be issued under this chapter for a period of two years. Licenses after initial issuance may be renewed in the manner the department by regulation provides upon the payment of a renewal fee.
Section 44-76-120. The department may deny or refuse to renew a license, suspend or revoke a license, or impose probationary conditions where the licensee or applicant is likely to endanger the health, welfare, or safety of the public. A person violating the provisions of 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. After January 1, 1992, an applicant for licensure as a dietitian or nutritionist shall meet the requirements of Section 44-76-80 as added in Section 2 of this act.
SECTION 4. The initial term of 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 be designated by the Governor is one year.
SECTION 5. This act takes effect upon approval by the Governor.