CSSB 88(L&C): "An Act relating to licensure of dietitians and nutritionists; and providing for an effective date."

00CS FOR SENATE BILL NO. 88(L&C) 01 "An Act relating to licensure of dietitians and nutritionists; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08 is amended by adding a new chapter to read: 05 Chapter 38. Dietitians and Nutritionists. 06  Sec. 08.38.010. License required. (a) An individual may not, unless licensed 07 as a dietitian or nutritionist by the department, use the title "dietitian," "licensed 08 dietitian," "nutritionist," "licensed nutritionist," or an occupational title using the word 09 "dietitian" or "nutritionist." 10  (b) The only penalty that may be imposed on an individual who engages in 11 conduct that violates (a) of this section is a fine of not more than $1,000 under a 12 citation issued under AS 08.01.102 - 08.01.104. 13  (c) An individual who obtains or attempts to obtain a dietitian or nutritionist 14 license by dishonest or fraudulent means or who forges, counterfeits, or fraudulently

01 alters a dietitian or nutritionist license, is punishable by a fine of not more than $1,000 02 under a citation issued by the department. For a citation under this subsection, the 03 department shall use the citation procedures applicable to citations for unlicensed 04 practice under AS 08.01.102 - 08.01.104, and an individual who receives a citation 05 under this subsection is subject to the same requirements as an individual who receives 06 a citation under AS 08.01.102 - 08.01.104. 07  Sec. 08.38.020. Dietitian licensure. The department shall issue a dietitian 08 license to an individual who pays the required fee, applies on a form provided by the 09 department, and submits evidence satisfactory to the department of being certified as 10 a Registered Dietitian by the Commission on Dietetic Registration. 11  Sec. 08.38.030. Nutritionist licensure. The department shall issue a 12 nutritionist license to an individual who pays the required fee, applies on a form 13 provided by the department, and submits evidence satisfactory to the department that 14 the individual either 15  (1) has qualified as a diplomate of the American Board of Nutrition or 16 as a Certified Nutrition Specialist with the Certification Board for Nutrition Specialists; 17 or 18  (2) meets the following qualifications: 19  (A) has received a master's or doctoral degree from an 20 accredited college or university with a major in human nutrition, public health 21 nutrition, clinical nutrition, nutrition education, community nutrition, or food 22 and nutrition; and 23  (B) has completed a documented work experience in human 24 nutrition or human nutrition research of at least 900 hours. 25  Sec. 08.38.040. Grounds for suspension, revocation, or refusal to issue a 26 license. The department may, after a hearing, refuse to issue a license or impose a 27 disciplinary sanction authorized under AS 08.01.075 on an individual licensed under 28 this chapter when the department finds that the license applicant or licensee, as 29 applicable, 30  (1) secured or attempted to secure a license through deceit, fraud, or 31 intentional misrepresentation;

01  (2) engaged in deceit, fraud, or intentional misrepresentation in the 02 course of providing professional services or engaging in professional activities; 03  (3) advertised professional services in a false or misleading manner; 04  (4) has been convicted of a felony or of another crime that affects the 05 licensee's ability to continue to practice competently and safely; 06  (5) failed to comply with this chapter, with a regulation adopted under 07 this chapter, or with an order of the department; 08  (6) continued dietetics or nutrition practice after becoming unfit due to 09  (A) professional incompetence; 10  (B) addiction or severe dependency on alcohol or a drug that 11 impairs the licensee's ability to practice safely; 12  (C) physical or mental disability; or 13  (7) engaged in lewd or immoral conduct in connection with the delivery 14 of professional service to patients. 15  Sec. 08.38.050. Licensure by credentials. The department may issue a 16 license to an applicant who holds a current unrestricted license as a dietitian or 17 nutritionist in another state or political jurisdiction of the United States or Canada if, 18 in the judgment of the department, the standards for licensure in the other jurisdiction 19 are not less stringent than the requirements in this chapter. 20  Sec. 08.38.080. Exemption. The requirements of this chapter do not apply to 21  (1) an animal nutritionist whose activities are limited to the nutritional 22 care of animals; animal nutritionists may use the title "nutritionist" as long as they 23 provide nutrition services only to animals; or 24  (2) a person who is serving in the armed forces of the United States or 25 is an employee of the federal government whose job title includes the term "dietitian" 26 or "nutritionist." 27  Sec. 08.38.100. Definitions. In this chapter, 28  (1) "accredited college or university" means a college or university 29 accredited by the regional or national accrediting agencies recognized by the Council 30 on Post-Secondary Accreditation and the United States Department of Education at the 31 time the degree was conferred;

01  (2) "Commission on Dietetic Registration" means the Commission on 02 Dietetic Registration of the American Dietetic Association that is a member of the 03 National Commission on Health Certifying Agencies, which establishes national 04 standards of competence for individuals participating in the health care delivery 05 system; 06  (3) "dietetics or nutrition practice" means the integration and 07 application of scientific principles of food, nutrition, biochemistry, physiology, food 08 management, and behavioral and social sciences to achieve and maintain human health 09 through the provision of nutrition care services. 10 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 11  (36) regulation of dietitians and nutritionists under AS 08.38. 12 * Sec. 3. AS 08.02.010(a) is amended to read: 13  (a) An acupuncturist licensed under AS 08.06, an audiologist licensed under 14 AS 08.11, a person licensed in the state as a chiropractor under AS 08.20, a dentist 15 under AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a marital and 16 family therapist licensed under AS 08.63, a medical practitioner or osteopath under 17 AS 08.64, a direct-entry midwife certified under AS 08.65, a registered nurse under 18 AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a 19 physical therapist or occupational therapist licensed under AS 08.84, a psychologist 20 under AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 21 professional identification appropriate letters or a title after that person's name that 22 [WHICH] represents the [THAT] person's specific field of practice. The letters or title 23 shall appear on all signs, stationery, or other advertising in which the person offers or 24 displays personal professional services to the public. In addition, a person engaged in 25 the practice of medicine or osteopathy as defined in AS 08.64.380, or a person 26 engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels 27 other persons in relation to human health or disease and uses the letters "M.D." or the 28 title "doctor" or "physician" or another title that tends to show that the person is 29 willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the 30 letters or title by adding the appropriate specialist designation, if any, such as 31 "dermatologist", "radiologist", "audiologist", "naturopath", or the like.

01 * Sec. 4. Except as provided in sec. 5 of this Act, this Act takes effect immediately under 02 AS 01.10.070(c). 03 * Sec. 5. AS 08.38.010, enacted by sec. 1 of this Act, takes effect January 1, 2000.