Establishes a dietitian licensure program effective July 1, 2000.

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 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.
12      The purpose of this Act is to provide for the regulation of
13 persons offering dietetic services to:
14      (1)  Safeguard the public health, safety, and welfare;
15      (2)  Protect those seeking dietetic services from
16           incompetent and unscrupulous persons, and persons
17           unauthorized to perform these services;
18      (3)  Assure the highest degree of professional conduct on
19           the part of dietitians; and

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

 1      (4)  Assure the availability of high quality dietetic
 2           services.
 3      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 4 a new chapter to title 25 to be appropriately designated and to
 5 read as follows:
 6                             "CHAPTER
 7                            DIETITIANS
 8       -1  Definitions.  As used in this chapter:
 9      "Association" means the American Dietetic Association.
10      "Commission on Accreditation" means the Commission on
11 Accreditation/Approval for Dietetic Education.
12      "Licensed dietitian" means a person who uses the title of
13 licensed dietitian or dietitian and has been licensed to practice
14 dietetics under this chapter.
15      "Department" means the department of commerce and consumer
16 affairs.
17      "Dietetic practice" means the integration and application of
18 scientific principles of nutrition, biochemistry, physiology,
19 food, behavioral, and social sciences, in managing disease, and
20 achieving and maintaining human health throughout the life cycle.
21      "Director" means the director of commerce and consumer
22 affairs.

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

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

Page 4                                                     749
                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1           dietitians to assist with the implementation of this
 2           chapter and the rules adopted pursuant thereto.
 3       -4  Licensure required.  No person shall purport to be a
 4 "licensed dietitian" or use the letters "L.D." in connection with
 5 the person's name, or use any words or symbols indicating or
 6 tending to indicate that the person is a licensed dietitian
 7 without meeting the applicable requirements and holding a license
 8 as set forth in this chapter.
 9        -5  Licensure requirements.  In addition to the
10 application requirements provided by section 436B-10, the
11 director shall consider the following as minimum evidence that an
12 applicant is qualified to be licensed:
13      (1)  The applicant received a baccalaureate degree or post-
14           baccalaureate degree from a regionally accredited
15           college or university with a major course of study in
16           dietetics, human nutrition, food and nutrition, or food
17           systems management, or academic requirements related
18           thereto, approved by the Commission on Accreditation,
19           or meets equivalent core requirements for the dietetics
20           option at the University of Hawaii.  In addition to
21           basic dietetic principles of nutrition, human
22           physiology, biochemistry, and behavioral and social

Page 5                                                     749
                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1           sciences, course work shall include at least nine
 2           semester credits (or twelve quarter hours) relating to
 3           food science and food preparation.  Applicants who have
 4           obtained their education outside of the United States
 5           and its territories shall have their academic degree
 6           validated by an agency authorized to validate foreign
 7           academic degrees as being equivalent to a
 8           baccalaureate, master's, or doctoral degree conferred
 9           by a regionally accredited college or university in the
10           United States.  Validation of a foreign degree shall
11           include a verification statement of completion of the
12           major course of study or related academic requirements,
13           basic dietetic principles, and course work specified in
14           this paragraph;
15      (2)  Satisfactorily complete a documented supervised
16           practice experience competent in dietetic practice of
17           not less than nine hundred hours approved by the
18           Commission on Accreditation;
19      (3)  Pass the nutritionist examination developed by the
20           Certification Board for Nutrition Specialists; and
21      (4)  Submit a report of any disciplinary action relating to
22           dietetics practice taken against the applicant in

Page 6                                                     749
                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1           another jurisdiction.
 2      An individual who provides evidence of current registration
 3 in the Association shall be deemed to have met the educational
 4 and supervised practice experience requirements of this section.
 5        -6  Licensure by endorsement.  The director shall grant,
 6 upon application and payment of proper fees, licensure to a
 7 person who, at the time of application, holds a valid
 8 certification or license as a dietitian issued by another state,
 9 territory, or jurisdiction if the requirements for that
10 certification or license are equal to, or greater than, the
11 requirements of this chapter.
12        -7  Issuance of license.  The director shall issue a
13 license to any person who meets the requirements of this chapter,
14 upon payment of the prescribed fees.
15         -8 Renewal of license.  (a)  Every license issued under
16 this chapter shall be renewed triennially on or before June 30,
17 with the first renewal deadline occurring on June 30, 2003.
18 Failure to renew a license shall result in a forfeiture of the
19 license.  Licenses that have been so forfeited may be restored
20 within one year of the expiration date upon payment of renewal
21 and penalty fees.  Failure to restore a forfeited license within
22 one year of the date of its expiration shall result in the

Page 7                                                     749
                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1 automatic termination of the license and relicensure may be
 2 subject to the person applying as a new applicant and satisfying
 3 again all licensure requirements.
 4      (b)  Upon request, the director may grant inactive status to
 5 a person licensed under this chapter.
 6       -9  Fees; disposition.(a)  Application, examination,
 7 reexamination, license, renewal, late renewal penalty fees,
 8 inactive and other reasonable and necessary fees relating to
 9 administration of this chapter, none of which are refundable,
10 shall be as provided in rules adopted by the director pursuant to
11 chapter 91.
12      (b)  Fees assessed shall defray all costs to be incurred by
13 the director to support the operation of the dietitian licensure
14 program.  Fees collected shall be managed in accordance with
15 section 26-9(l).
16       -10  Revocation, suspension, denial, or condition of
17 licenses; fines.  In addition to any other acts or conditions
18 provided by law, the director may refuse to renew, reinstate, or
19 restore, or may deny, revoke, suspend, fine, or condition in any
20 manner any license for any one or more of the following acts or
21 conditions on the part of the applicant or licensed dietitian:
22      (1)  Conviction by a court of competent jurisdiction of a

Page 8                                                     749
                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1           crime which the director has determined to be of a
 2           nature that renders the person convicted unfit to
 3           practice dietetics;
 4      (2)  Failing to report in writing to the director any
 5           disciplinary decision related to dietetic practice
 6           issued against the licensed dietitian or the applicant
 7           in any jurisdiction within thirty days of the
 8           disciplinary decision or within twenty days of
 9           licensure;
10      (3)  Violation of recognized ethical standards for
11           dietitians as set by the Association;
12      (4)  Use of fraud, deception, or misrepresentation in
13           obtaining a license;
14      (5)  Revocation, suspension, or other disciplinary action by
15           another state, territory, federal agency, or country
16           against the licensed dietitian or applicant for any
17           reason provided under this section; or
18      (6)  Other just and sufficient cause that renders a person
19           unfit to practice dietetics.
20       -11  Prohibited acts; penalties.(a)  No person shall:
21      (1)  Use in connection with the person's name any
22           designation tending to imply that the person is a

Page 9                                                     749
                                     H.B. NO.           H.D. 3
                                                        S.D. 2

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