PRINTER'S NO. 505
No. 481 Session of 1989
INTRODUCED BY SHAFFER, SALVATORE, MADIGAN, ANDREZESKI, FISHER
AND LYNCH, FEBRUARY 9, 1989
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 9, 1989
AN ACT
1 Establishing the State Board of Dietitians and giving it powers
2 and duties; providing for the certification of dietitians;
3 and providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Dietitian
8 Certification Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Board." The State Board of Dietitians established under
14 section 3.
15 "Bureau." The Bureau of Professional and Occupational
16 Affairs.
17 "Certified dietitian." An individual who is certified by the
18 board under section 4.
1 "Commission on Dietetic Registration." The credentialing
2 component of the American Dietetic Association.
3 "Dietetics." The integration and application of principles
4 derived from the sciences of food for the development,
5 management and provision of dietary services for individuals and
6 groups for meeting their health care needs. The term includes,
7 but is not limited to:
8 (1) Evaluating an individual's dietary status.
9 (2) Advising and educating individuals on dietary needs.
10 (3) For individuals, groups and patients in licensed
11 institutional facilities or in private office settings,
12 evaluating needs, implementing systems to support needs and
13 maintaining appropriate standards of quality in food and
14 dietary service.
15 "Unprofessional conduct." Includes, but is not limited to:
16 (1) Making fraudulent representations in the practice of
17 dietetics.
18 (2) Advertising by means of knowingly false, deceptive
19 or misleading statements.
20 (3) Permitting one's certificate to be used by another.
21 (4) Making false or misleading statements in an
22 advertisement of treatment or business.
23 (5) Violating this act or a regulation promulgated under
24 it.
25 (6) Obtaining a certificate by means of fraud,
26 misrepresentation or concealment of material facts.
27 (7) Being convicted of or pleading guilty or no contest
28 to a felony.
29 (8) Failing to maintain a level of professional practice
30 consistent with the requirements for achieving or maintaining
19890S0481B0505 - 2 -
1 certification under this act.
2 Section 3. Board.
3 (a) Establishment.--The State Board of Dietitians is
4 established as a departmental administrative board in the
5 bureau.
6 (b) Members.--The board shall consist of five members. One
7 member shall be a private citizen. Four members shall be
8 certified dietitians. On the initial appointment of the four
9 certified dietitians, registration by the commission is the
10 equivalent of certification.
11 (c) Appointment and terms.--Members shall be appointed by
12 the Governor with the consent of two-thirds of the members
13 elected to the Senate. Members shall serve terms of four years.
14 (d) Powers and duties.--The board has the following powers
15 and duties:
16 (1) Promulgate regulations to administer this act.
17 (2) Examine and certify qualified applicants under
18 section 4.
19 (3) Renew certifications under section 5.
20 (4) Discipline certified dietitians under section 7.
21 Section 4. Application for certification.
22 (a) Qualifications.--An applicant for certification must
23 demonstrate to the board that the applicant complies with all of
24 the following:
25 (1) Is of good moral character as it relates to the
26 practice of dietetics.
27 (2) Holds a baccalaureate or postgraduate degree
28 conferred by a college or university which is approved by the
29 board at the time of the granting of the degree and which has
30 a major course of study in the sciences of food, dietetics or
19890S0481B0505 - 3 -
1 food systems management or has an equivalent major course of
2 study approved by the board.
3 (3) Has completed an internship or preplanned
4 professional baccalaureate or postgraduate experience in a
5 dietetic program under the supervision of a certified
6 dietitian or a dietitian who is certified under the law of
7 another state or territory of the United States.
8 (4) Has satisfactorily passed a competency examination
9 administered by or at the direction of the board.
10 (b) Fee.--Qualified applicants must pay the board a fee for
11 certification. The bureau shall set the fee under this
12 subsection by regulation. Fees under this subsection shall be
13 deposited in the Professional Licensure Augmentation Account.
14 (c) Certification.--If the board determines that an
15 applicant is qualified under subsection (a) and if the applicant
16 pays the fee under subsection (b), the board shall certify the
17 applicant as a certified dietitian.
18 (d) Waiver.--The board shall waive the requirements of
19 subsection (a)(2) through (4) and issue a certificate under
20 subsection (c) for an individual who, prior to December 31,
21 1990, demonstrates to the board that the individual is, and has
22 been since the effective date of this act, registered by the
23 commission. The board may waive the requirement of subsection
24 (a)(4) for any of the following:
25 (1) An individual who is licensed or certified by a
26 state or territory of the United States if the requirements
27 for licensure or certification are substantially equivalent
28 to those under this act.
29 (2) An individual registered by the commission.
30 Section 5. Expiration and renewal.
19890S0481B0505 - 4 -
1 (a) Expiration.--Certificates issued under this act expire
2 on December 31 of each odd-numbered year beginning in 1991.
3 (b) Renewal.--Upon application and the payment of a renewal
4 fee, if the board is satisfied that the certified dietitian is
5 still eligible for certification, the board shall renew the
6 certificate. The bureau shall set the renewal fee under this
7 subsection by regulation. Fees under this subsection shall be
8 deposited in the Professional Licensure Augmentation Account.
9 Section 6. Certified dietitians.
10 (a) Certificate.--A certified dietitian shall publicly
11 display the certificate. The certificate is the property of the
12 board. It shall be surrendered upon demand of the board.
13 (b) Current information.--A certified dietitian shall
14 maintain current information on file with the board.
15 Section 7. Discipline.
16 The board may suspend or revoke a certificate if it finds,
17 after notice and hearing, that any of the following apply:
18 (1) A certified dietitian is guilty of unprofessional
19 conduct.
20 (2) A certified dietitian has endangered, or is likely
21 to endanger, public health, welfare or safety.
22 (3) A certified dietitian has been convicted of or
23 pleaded not guilty or no contest to a crime involving moral
24 turpitude as it relates to the practice of dietetics.
25 (4) A certified dietitian has obtained or attempted to
26 obtain a certificate by misrepresentation.
27 (5) A certified dietitian has violated this act or a
28 regulation promulgated under it.
29 Section 8. Criminal penalty.
30 (a) Prohibition.--Unless certified under this act, a person
19890S0481B0505 - 5 -
1 may not do any of the following:
2 (1) Use the title or designation "dietitian" or
3 "certified dietitian"; the letters "C.D." or "D"; or other
4 titles, words, letters, abbreviations or insignia indicating
5 or implying that the person is a certified dietitian.
6 (2) Represent that the person is a certified dietitian.
7 (b) Penalty.--A person who violates subsection (a) commits a
8 misdemeanor of the second degree and shall, upon conviction, be
9 sentenced to pay a fine of $1,000 or to imprisonment for not
10 more than two years, or both.
11 Section 9. Effective date.
12 This act shall take effect as follows:
13 (1) Sections 4 through 8 shall take effect in 180 days.
14 (2) The remainder of this act shall take effect in 60
15 days.
L14L63RZ/19890S0481B0505 - 6 -