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

00CS FOR SENATE BILL NO. 88(FIN) 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 refuse to issue a license or impose a disciplinary 27 sanction authorized under AS 08.01.075 on an individual licensed under this chapter 28 when the department finds that the license applicant or licensee, as applicable, 29  (1) secured or attempted to secure a license through deceit, fraud, or 30 intentional misrepresentation; 31  (2) engaged in deceit, fraud, or intentional misrepresentation in the

01 course of providing professional services or engaging in professional activities; 02  (3) advertised professional services in a false or misleading manner; 03  (4) has been convicted of a felony or of another crime that affects the 04 licensee's ability to continue to practice competently and safely; 05  (5) failed to comply with this chapter, with a regulation adopted under 06 this chapter, or with an order of the department; 07  (6) continued dietetics or nutrition practice after becoming unfit due to 08  (A) professional incompetence; 09  (B) addiction or severe dependency on alcohol or a drug that 10 impairs the licensee's ability to practice safely; 11  (C) physical or mental disability; or 12  (7) engaged in lewd or immoral conduct in connection with the delivery 13 of professional service to patients. 14  Sec. 08.38.050. Licensure by credentials. The department may issue a 15 license to an applicant who holds a current unrestricted license as a dietitian or 16 nutritionist in another state or political jurisdiction of the United States or Canada if, 17 in the judgment of the department, the standards for licensure in the other jurisdiction 18 are not less stringent than the requirements in this chapter. 19  Sec. 08.38.080. Exemption. The requirements of this chapter do not apply to 20  (1) an animal nutritionist whose activities are limited to the nutritional 21 care of animals; animal nutritionists may use the title "nutritionist" as long as they 22 provide nutrition services only to animals; 23  (2) a person who is serving as an employee of the federal government 24 whose job title includes the term "dietitian" or "nutritionist"; or 25  (3) a person who is serving as a dietitian or nutritionist in the armed 26 forces of the United States, but the exemption provided under this paragraph does not 27 authorize the person to use the title "dietitian," "licensed dietitian," "nutritionist," 28 "licensed nutritionist," or an occupational title using the word "dietitian" or 29 "nutritionist" outside the scope of the person's military service. 30  Sec. 08.38.090. Regulations. The department may adopt regulations under 31 AS 44.62 (Administrative Procedure Act) to implement this chapter.

01  Sec. 08.38.100. Definitions. In this chapter, 02  (1) "accredited college or university" means a college or university 03 accredited by the regional or national accrediting agencies recognized by the Council 04 on Post-Secondary Accreditation and the United States Department of Education at the 05 time the degree was conferred; 06  (2) "Commission on Dietetic Registration" means the Commission on 07 Dietetic Registration of the American Dietetic Association that is a member of the 08 National Commission on Health Certifying Agencies, which establishes national 09 standards of competence for individuals participating in the health care delivery 10 system; 11  (3) "dietetics or nutrition practice" means the integration and 12 application of scientific principles of food, nutrition, biochemistry, physiology, food 13 management, and behavioral and social sciences to achieve and maintain human health 14 through the provision of nutrition care services. 15 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 16  (36) regulation of dietitians and nutritionists under AS 08.38. 17 * Sec. 3. AS 08.02.010(a) is amended to read: 18  (a) An acupuncturist licensed under AS 08.06, an audiologist licensed under 19 AS 08.11, a person licensed in the state as a chiropractor under AS 08.20, a dentist 20 under AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a marital and 21 family therapist licensed under AS 08.63, a medical practitioner or osteopath under 22 AS 08.64, a direct-entry midwife certified under AS 08.65, a registered nurse under 23 AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a 24 physical therapist or occupational therapist licensed under AS 08.84, a psychologist 25 under AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 26 professional identification appropriate letters or a title after that person's name that 27 [WHICH] represents the [THAT] person's specific field of practice. The letters or title 28 shall appear on all signs, stationery, or other advertising in which the person offers or 29 displays personal professional services to the public. In addition, a person engaged in 30 the practice of medicine or osteopathy as defined in AS 08.64.380, or a person 31 engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels

01 other persons in relation to human health or disease and uses the letters "M.D." or the 02 title "doctor" or "physician" or another title that tends to show that the person is 03 willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the 04 letters or title by adding the appropriate specialist designation, if any, such as 05 "dermatologist", "radiologist", "audiologist", "naturopath", or the like. 06 * Sec. 4. Notwithstanding AS 08.38.030(2), added by sec. 1 of this Act, the Department 07 of Commerce and Economic Development shall issue a nutritionist license to an individual 08 who pays the required fee, applies on a form provided by the department, and submits 09 evidence satisfactory to the department that the individual, on the effective date of 10 AS 08.38.030, meets the qualifications listed in AS 08.38.030(2)(A) but does not meet the 11 requirements of AS 08.38.030(2)(B). A person to whom a license is issued under this section 12 shall meet the requirements of AS 08.38.030(2)(B) no later than June 30, 2001, and if the 13 person does not do so, the license issued under this section expires July 1, 2001. 14 * Sec. 5. Except as provided in sec. 6 of this Act, this Act takes effect immediately under 15 AS 01.10.070(c). 16 * Sec. 6. AS 08.38.010, enacted by sec. 1 of this Act, takes effect January 1, 2000.