Establishes a process for certification of dietitians. (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 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      "Certified dietitian" means a person who uses the title of
11 certified dietitian, state certified dietitian or dietitian and
12 has been certified to practice dietetics under this chapter.
13        -2  Dietitian certification program.  There is
14 established a dietitian certification program within the
15 department to be administered by the director.
16       -3  Powers and duties of the director.  In addition to
17 any other powers and duties authorized by law, the director shall
18 have the following powers and duties:
19      (1)  Examine and approve the qualifications of all
20           applicants under this chapter and issue a certification
21           to each successful applicant granting permission to use
22           the title of "state certified dietitian" or "certified
23           dietitian" in this State pursuant to this chapter and

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 1           the rules adopted pursuant thereto;
 2      (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as
 3           the director finds necessary to carry out this chapter;
 4      (3)  Administer, coordinate, and enforce this chapter and
 5           rules adopted pursuant thereto;
 6      (4)  Discipline a certified dietitian for any cause
 7           described by this chapter or for any violation of the
 8           rules, and refuse to certify a person for failure to
 9           meet certification requirements or for any cause that
10           would be grounds for disciplining a certified
11           dietitian; and
12      (5)  Appoint an advisory committee consisting of certified
13           dietitians to assist with the implementation of this
14           chapter and the rules adopted pursuant thereto.
15       -4  Certification required.  No person shall purport to
16 be a "state certified dietitian" or "certified dietitian" or use
17 the letters "S.C.D." or "C.D." in connection with the person's
18 name, or use any words or symbols indicating or tending to
19 indicate that the person is a certified dietitian without meeting
20 the applicable requirements and holding a certification as set
21 forth in this chapter.
22        -5  Certification requirements.  In addition to the
23 application requirements provided by section 436B-10, the

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 1 director shall consider as minimum evidence that an applicant is
 2 qualified to be certified if the applicant is a current active
 3 registered dietitian (R.D.) whose credential has been conferred
 4 by the Commission on Dietetic Registration of the Association.
 5        -6  Certification by endorsement.  The director shall
 6 grant, upon application and payment of proper fees, certification
 7 to a 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 certification.  The director shall issue
13 a certification to any person who meets the requirements of this
14 chapter, upon payment of the prescribed fees.
15         -8 Renewal of certification.(a)  Every certification
16 issued under this chapter shall be renewed triennially on or
17 before June 30, with the first renewal deadline occurring on
18 June 30, 2003.  Failure to renew a certification shall result in
19 a forfeiture of the certification.  Certifications that have been
20 so forfeited may be restored within one year of the expiration
21 date upon payment of renewal and penalty fees.  Failure to
22 restore a forfeited certification within one year of the date of
23 its expiration shall result in the automatic termination of the

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 1 certification and recertification may be subject to the person
 2 applying as a new applicant and satisfying again all
 3 certification requirements.
 4      (b)  Upon request, the director may grant inactive status to
 5 a person certified under this chapter.
 6       -9  Fees; disposition.(a)  Application, examination,
 7 reexamination, certification, 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
14 certification program.  Fees collected shall be managed in
15 accordance with section 26-9(l).
16       -10  Revocation, suspension, denial, or condition of
17 certifications; fines.  In addition to any other acts or
18 conditions provided by law, the director may refuse to renew,
19 reinstate, or restore, or may deny, revoke, suspend, fine, or
20 condition in any manner any certification for any one or more of
21 the following acts or conditions on the part of the applicant or
22 certified dietitian:
23      (1)  Conviction by a court of competent jurisdiction of a

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 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 certified dietitian or the applicant
 7           in any jurisdiction within thirty days of the
 8           disciplinary decision or within twenty days of
 9           certification;
10      (3)  Violation of recognized ethical standards for
11           dietitians as set by the American Dietetic Association;
12      (4)  Use of fraud, deception, or misrepresentation in
13           obtaining a certification;
14      (5)  Revocation, suspension, or other disciplinary action by
15           another state, territory, federal agency, or country
16           against the certified 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
23           certified dietitian unless the person is duly certified

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 1           and authorized under this chapter; or
 2      (2)  Represent oneself as a certified dietitian during the
 3           time the person's certification issued under this
 4           chapter is forfeited, inactive, terminated, suspended,
 5           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 January 1, 2000.