REPORT TITLE:
Dietitians


DESCRIPTION:
Establishes a dietitian certification program effective
January 1, 2010. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        749
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO DIETITIANS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to provide for the
 
 2 regulation of persons offering dietetic services to:
 
 3      (1)  Safeguard the public health, safety, and welfare;
 
 4      (2)  Protect those seeking dietetic services from
 
 5           incompetent and unscrupulous persons, and persons
 
 6           unauthorized to perform these services;
 
 7      (3)  Assure the highest degree of professional conduct on
 
 8           the part of dietitians; and
 
 9      (4)  Assure the availability of high quality dietetic
 
10           services.
 
11      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
12 a new chapter to title 25 to be appropriately designated and to
 
13 read as follows:
 
14                             "CHAPTER
 
15                            DIETITIANS
 
16       -1  Definitions.  As used in this chapter:
 
17      "Association" means the American Dietetic Association.
 
18      "Certified dietitian" means a person who uses the title of
 
19 certified dietitian, state certified dietitian, or dietitian and
 

 
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 1 has been certified to practice dietetics under this chapter.
 
 2      "Department" means the department of commerce and consumer
 
 3 affairs.
 
 4      "Dietetic practice" means the integration and application of
 
 5 scientific principles of nutrition, biochemistry, physiology,
 
 6 food, behavioral, and social sciences, in managing disease, and
 
 7 achieving and maintaining human health throughout the life cycle.
 
 8      "Director" means the director of commerce and consumer
 
 9 affairs.
 
10        -2  Dietitian certification program.  There is
 
11 established a dietitian certification program within the
 
12 department to be administered by the director.
 
13       -3  Powers and duties of the director.  In addition to
 
14 any other powers and duties authorized by law, the director shall
 
15 have the following powers and duties:
 
16      (1)  Examine and approve the qualifications of all
 
17           applicants under this chapter and issue a certification
 
18           to each successful applicant granting permission to use
 
19           the title of "state certified dietitian", "certified
 
20           dietitian", or "dietitian" in this State pursuant to
 
21           this chapter and the rules adopted pursuant thereto;
 
22      (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as
 
23           the director finds necessary to carry out this chapter;
 

 
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 1      (3)  Administer, coordinate, and enforce this chapter and
 
 2           rules adopted pursuant thereto;
 
 3      (4)  Discipline a certified dietitian for any cause
 
 4           described by this chapter or for any violation of the
 
 5           rules, and refuse to certify a person for failure to
 
 6           meet certification requirements or for any cause that
 
 7           would be grounds for disciplining a certified
 
 8           dietitian; and
 
 9      (5)  Appoint an advisory committee consisting of certified
 
10           dietitians to assist with the implementation of this
 
11           chapter and the rules adopted pursuant thereto.
 
12       -4  Certification required.  No person shall purport to
 
13 be a "state certified dietitian" or "certified dietitian" or use
 
14 the letters "S.C.D." or "C.D." in connection with the person's
 
15 name, or use any words or symbols indicating or tending to
 
16 indicate that the person is a certified dietitian without meeting
 
17 the applicable requirements and holding a certification as set
 
18 forth in this chapter.
 
19        -5  Certification requirements.  In addition to the
 
20 application requirements provided by section 436B-10, the
 
21 director shall consider as minimum evidence that an applicant is
 
22 qualified to be certified if the applicant is a current active
 
23 registered dietitian (R.D.) whose credential has been conferred
 

 
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 1 by the Commission on Dietetic Registration of the Association.
 
 2        -6  Certification by endorsement.  The director shall
 
 3 grant, upon application and payment of proper fees, certification
 
 4 to a person who, at the time of application, holds a valid
 
 5 certification or license as a dietitian issued by another state,
 
 6 territory, or jurisdiction if the requirements for that
 
 7 certification or license are equal to, or greater than, the
 
 8 requirements of this chapter.
 
 9        -7  Issuance of certification.  The director shall issue
 
10 a certification to any person who meets the requirements of this
 
11 chapter, upon payment of the prescribed fees.
 
12         -8 Renewal of certification.(a)  Every certification
 
13 issued under this chapter shall be renewed triennially on or
 
14 before June 30, with the first renewal deadline occurring on
 
15 June 30, 2003.  Failure to renew a certification shall result in
 
16 a forfeiture of the certification.  Certifications that have been
 
17 so forfeited may be restored within one year of the expiration
 
18 date upon payment of renewal and penalty fees.  Failure to
 
19 restore a forfeited certification within one year of the date of
 
20 its expiration shall result in the automatic termination of the
 
21 certification and recertification may be subject to the person
 
22 applying as a new applicant and satisfying again all
 
23 certification requirements.
 

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

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

 
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                                     H.B. NO.           H.D. 3
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 1           chapter is forfeited, inactive, terminated, suspended,
 
 2           or revoked.
 
 3      (b)  Any person who violates this section shall be subject
 
 4 to a fine of not more than $1,000 and each day's violation shall
 
 5 be deemed a separate offense."
 
 6      SECTION 3.  This Act shall take effect on January 1, 2010.