PRINTER'S NO. 1399
No. 1216 Session of 1989
INTRODUCED BY COLAFELLA, COLAIZZO, TRELLO, BATTISTO, VAN HORNE,
PETRONE, PISTELLA, BUSH, TIGUE, MELIO, STEIGHNER, HALUSKA,
KASUNIC, ITKIN, ROBINSON, DALEY, BISHOP, F. TAYLOR, GLADECK,
DOMBROWSKI, FEE, GIGLIOTTI, LaGROTTA, COLE, DeLUCA,
LESCOVITZ, SALOOM, LETTERMAN, MAINE AND BILLOW,
APRIL 18, 1989
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 18, 1989
AN ACT
1 Regulating the practice and licensure of dietetics and
2 nutrition; creating the State Board of Dietitian-Nutritionist
3 Licensure and providing for its powers and duties;
4 prescribing penalties; and making an appropriation.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Declaration of purpose.
8 Section 3. Definitions.
9 Section 4. License required.
10 Section 5. Exemptions.
11 Section 6. State Board of Dietitian-Nutritionist Licensure.
12 Section 7. Powers and duties of board.
13 Section 8. Requirements for licensure.
14 Section 9. Examination for licensure.
15 Section 10. Waiver of certain requirements for licensure.
16 Section 11. Reciprocity.
17 Section 12. Use of title.
1 Section 13. Renewal of license; effect of license suspension or
2 revocation.
3 Section 14. Refusal, suspension, revocation or refusal to renew
4 licenses; injunctive relief.
5 Section 15. Reinstatement of license.
6 Section 16. Reporting of multiple licensure.
7 Section 17. Surrender of suspended or revoked license.
8 Section 18. Impaired professional.
9 Section 19. Penalties.
10 Section 20. Records.
11 Section 21. Fees.
12 Section 22. Subpoenas.
13 Section 23. Unlawful practice.
14 Section 24. Appropriation.
15 Section 25. Severability.
16 Section 26. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Short title.
20 This act shall be known and may be cited as the Dietitian-
21 Nutritionist Licensure Law.
22 Section 2. Declaration of purpose.
23 It is the purpose of this act to provide for the
24 establishment of standards for the practice of dietetics-
25 nutrition in this Commonwealth through the licensure and
26 regulation and control of persons engaged in offering dietetic-
27 nutrition services to the general public to safeguard the public
28 health, safety and welfare, to protect the public from being
29 harmed by unqualified persons, to assure the highest degree of
30 professional care and conduct on the part of dietitians-
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1 nutritionists, and to assure the availability of dietetic-
2 nutrition services of the highest quality to persons in need of
3 such services. It is not the purpose of this act to interfere
4 with the sale of food products or nutritional supplements not
5 marketed as a treatment of disease. It is not the purpose of
6 this act to limit freedom of speech with regard to the
7 dissemination of accurate information, either oral or in printed
8 form, describing the contents of these products.
9 Section 3. 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 Dietitian-Nutritionist Licensure
14 created by this act.
15 "Commissioner." The Commissioner of the Bureau of
16 Professional and Occupational Affairs in the Department of
17 State.
18 "Department." The Department of State of the Commonwealth.
19 "Dietetics-Nutrition Practice." The application and
20 integration of scientific principles of nutrition to the proper
21 nourishment, care and education of individuals or groups under
22 different health, social, cultural, physical, psychological and
23 economic conditions. The term includes the development,
24 management and provision of nutritional services.
25 "Dietetics-Nutrition Services for Individuals and Groups."
26 The term includes:
27 (1) Assessing and interpreting individual and community
28 food practice and nutritional status using anthropometric,
29 biochemical, clinical, dietary and demographic data for
30 clinical care and program planning purposes as a component of
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1 nutrition counseling services.
2 (2) Developing, establishing and evaluating nutritional
3 care plans that establish priorities, goals and objectives
4 for meeting nutrient needs for individuals or groups.
5 (3) Nutrition counseling and education as a part of
6 preventive, restorative and rehabilitative health care
7 throughout the life cycle.
8 (4) Development, utilization, coordination and
9 management of human resources, materials and facilities
10 relative to fiscal accountability and the maintenance of
11 accepted quality in the administration of food services
12 systems in health care facilities.
13 "Dietitian-Nutritionist." A person licensed under this act.
14 Section 4. License required.
15 No person shall practice or offer to practice, or represent
16 himself as a dietitian-nutritionist in this Commonwealth, or use
17 any title, abbreviation, sign, card or device to indicate such
18 person is a dietitian-nutritionist unless such person is
19 licensed under this act.
20 Section 5. Exemptions.
21 This act shall not be construed as preventing or restricting
22 the following practices, services and activities:
23 (1) A person licensed in this Commonwealth in accordance
24 with the provisions of another law of this Commonwealth, from
25 engaging in the profession or occupation for which licensed.
26 (2) A student enrolled in an approved academic dietetics
27 or nutrition program recognized by the board, from
28 participating in the practice of dietetics or nutrition as
29 part of the program.
30 (3) Any person employed by an agency, bureau or division
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1 of the Federal Government, or bound by the regulations of the
2 Federal Government when discharging official duties,
3 provided, however, that if the person engages in the practice
4 of dietetics or nutrition in this Commonwealth outside the
5 scope of such official duty, the person must be licensed as
6 provided in this act.
7 (4) Activities and services of food service directors,
8 other food service management personnel, and educators in
9 elementary or secondary schools, or accredited degree
10 granting educational institutions. This exemption shall apply
11 only to the duties performed by such person when engaged in
12 such capacity.
13 (5) A person may offer weight control classes without a
14 licensed dietitian-nutritionist on the person's staff if the
15 classes and services have been developed with the assistance
16 of a registered dietician or have been approved by the
17 dietitian-nutritionist. The dietitian-nutritionist who has
18 approved the program must be licensed either in this
19 Commonwealth or in some other state within the United States.
20 (6) Any person employed to assist a licensed dietitian-
21 nutritionist and who acts under the direct and personal
22 supervision of a licensed dietitian-nutritionist, is not
23 required to be licensed under this act.
24 (7) Any person who provides food and services embodying
25 accurate nutrition information for a day-care provider,
26 church, nursery school, kindergarten, elementary school or
27 secondary school, which does not provide more than one full
28 mean per day, is not required to be licensed under this act.
29 (8) Any person who provides food and nutrition services
30 to needy persons through a nonprofit soup kitchen, food bank
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1 or food cupboard or similar program is not required to be
2 licensed under this act.
3 Section 6. State Board of Dietitian-Nutritionist Licensure.
4 (a) Creation.--There is hereby created a departmental
5 administrative board to be known as a State Board of Dietitian-
6 Nutritionist Licensure, which shall be in the Bureau of
7 Professional and Occupational Affairs of the Department of
8 State. It shall consist of seven members, all of whom shall be
9 residents of this Commonwealth and one of whom shall be a
10 representative of the public interest. The public member may not
11 have financial interest in provision of goods and services to
12 consumers; may not have financial interest in provision of goods
13 and services for dietitian-nutritionist; and may not be a
14 dietitian-nutritionist or have a household member who is a
15 dietitian-nutritionist. One member shall be the Director of the
16 Bureau of Consumer Protection in the Office of the Attorney
17 General. One member shall be an individual exempted from the
18 licensure requirements of this act in accordance with section
19 5(1) through (5). The remaining four members shall be
20 dietitians-nutritionists licensed to practice in this
21 Commonwealth, except that those first appointed shall be
22 qualified to receive licensure under the terms of this act,
23 provided they have had at least five years' working experience
24 in Pennsylvania as dietitians-nutritionists immediately
25 preceding appointment.
26 (b) Appointments by Governor.--The Governor shall appoint
27 the members to serve on the board. The commissioner shall serve
28 as an ex officio member of the board. The Pennsylvania Dietetic
29 Association shall submit a list of names and addresses of
30 qualified dietitians-nutritionists willing to serve on the board
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1 for the Governor's consideration.
2 (c) Term of office.--The members shall serve for four-year
3 terms, except as provided in subsection (c), and shall be
4 appointed by the Governor by and with the advice and consent of
5 a majority of the members elected to the Senate.
6 (d) Initial appointments.--Within 90 days of the effective
7 date of this act, the Governor shall nominate one dietitian-
8 nutritionist member to serve a four-year term; the public member
9 and one dietitian-nutritionist member to serve three-year terms;
10 one dietitian-nutritionist member to serve a two-year term; and
11 one dietitian-nutritionist member to serve a one-year term.
12 (e) Continuation in office.--Each board member shall
13 continue in office until a successor is duly appointed and
14 qualified but no longer than six months after the expiration of
15 the term. In the event that a board member shall die, resign or
16 otherwise become disqualified during the term of office, a
17 successor shall be appointed in the same way and with the same
18 qualifications as set forth in this section and shall hold
19 office for the unexpired portion of the unexpired term.
20 (f) Reappointment.--A member of the board shall be eligible
21 for reappointment. A member shall not be appointed to serve more
22 than two consecutive terms and shall continue to serve until a
23 successor is appointed and qualified, but in no event more than
24 six months beyond the end of the appointed term.
25 (g) Compensation.--Each member of the board, except the
26 commissioner, shall receive per diem compensation at the rate of
27 $60 per diem when actually attending to the work of the board.
28 Members shall also receive reasonable traveling, hotel and other
29 necessary expenses incurred in the performance of their duties
30 in accordance with Commonwealth regulations.
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1 (h) Forfeiture for nonattendance.--If the public member
2 fails to attend two consecutive statutorily mandated training
3 seminars in accordance with section 813(e) of the act of April
4 9, 1929 (P.L.177, No.175), known as The Administrative Code of
5 1929, he shall forfeit his seat unless the commissioner, upon
6 written request from the public member, finds that the public
7 member should be excused from a meeting because of illness or
8 the death of a family member.
9 (i) Meetings.--The board shall meet at least twice a year
10 and may hold additional meetings whenever necessary, subject to
11 the approval of the commissioner. The location of the meetings
12 shall be determined by the board, subject to the approval of the
13 commissioner, but shall be within this Commonwealth.
14 (1) A majority of the members of the board serving in
15 accordance with law shall constitute a quorum for purposes of
16 conducting the business of the board. Except for temporary
17 and automatic suspensions under section 11(d) and (e), a
18 member may not be counted as part of a quorum or vote on any
19 issue unless he or she is physically in attendance at the
20 meeting.
21 (2) Reasonable notice of all meetings shall be given in
22 conformity with the act of July 3, 1986 (P.L.388, No.84),
23 known as the Sunshine Act.
24 Section 7. Powers and duties of board.
25 (a) Powers and duties.--The board shall elect annually from
26 its membership a chairman, a vice chairman and a secretary. It
27 shall be the duty of the board to pass upon the qualifications
28 of applicants for licensure, to insure the conduct of
29 examinations, to issue and renew licenses to dietitians-
30 nutritionists who qualify under this act, and, in proper cases,
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1 to suspend or revoke the license of a dietitian-nutritionist.
2 The board shall be authorized and empowered to refuse, revoke or
3 suspend a license of a dietitian-nutritionist pursuant to this
4 act, to conduct investigations, including the power to issue
5 subpoenas, and to hold hearings upon charges or information
6 indicating a violation of the provisions of this act, or the
7 regulations promulgated pursuant thereto.
8 (1) The board shall maintain a record listing the name
9 of every living dietitian-nutritionist licensed to practice
10 in this Commonwealth, the last known place of business, the
11 last known place of residence and the date and number of the
12 license of the licensee.
13 (2) The board shall submit annually a report to the
14 Professional Licensure Committee of the House of
15 Representatives and the Consumer Protection and Professional
16 Licensure Committee of the Senate containing a description of
17 the types of complaints received, status of the cases, board
18 action which has been taken and length of time from the
19 initial complaint to final board resolution.
20 (3) The board shall submit annually to the
21 Appropriations Committees of the House of Representatives and
22 the Senate, 15 days after the Governor has submitted his
23 budget to the General Assembly, a copy of the budget request
24 for the upcoming fiscal year which the board previously
25 submitted to the Department of State.
26 (b) Rules and regulations.--The board shall have the power
27 to promulgate and adopt rules and regulations not inconsistent
28 with this act as it deems necessary for the performance of its
29 duties and the proper administration of this act.
30 Section 8. Requirements for licensure.
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1 An applicant applying for licensure as a dietitian-
2 nutritionist shall submit a written application on forms
3 provided by the board evidencing and insuring to the
4 satisfaction of the board that the applicant:
5 (1) Is of good moral character.
6 (2) Has received a baccalaureate or higher degree from a
7 regionally accredited college or university, including a
8 major course of study in human nutrition, food and nutrition,
9 dietetics or food systems management.
10 (3) Has completed a planned continuous pre-professional
11 experience component in dietetic practice of not less than
12 900 hours under the supervision of a registered dietician.
13 (4) Has satisfactorily completed an examination approved
14 by the board.
15 (5) Has not been convicted of a felony under the act of
16 April 14, 1972 (P.L.233, No.64), known as The Controlled
17 Substance, Drug, Device and Cosmetic Act, or of an offense
18 under the laws of another jurisdiction, which, if committed
19 in this Commonwealth, would be a felony under The Controlled
20 Substance, Drug, Device and Cosmetic Act, unless:
21 (i) at least ten years have elapsed from the date of
22 conviction;
23 (ii) the applicant satisfactorily demonstrates to
24 the board that he or she has made significant progress in
25 personal rehabilitation since the conviction, such that
26 licensure of the applicant should not be expected to
27 create a substantial risk of harm to the health and
28 safety of his or her clients or the public or a
29 substantial risk of further criminal violations; and
30 (iii) the applicant otherwise satisfies the
19890H1216B1399 - 10 -
1 qualifications contained in or authorized by this act.
2 As used in this paragraph, the term "convicted" shall include
3 a judgment, an admission of guilt or a plea of nolo
4 contendere.
5 Section 9. Examination for licensure.
6 (a) Examinations required.--An individual applying for
7 licensure in accordance with this act shall be required to pass
8 a written examination approved by the board which is designed to
9 test the knowledge and experience necessary for safe, effective
10 and professional practice of dietetics-nutrition in this
11 Commonwealth. The examination shall test the applicant's
12 knowledge of the basic and clinical sciences relating to
13 dietetics-nutrition theory and practice, including the
14 applicant's professional skill and judgment in the utilization
15 of dietetics-nutrition techniques and methods, and such other
16 subjects as the board deems useful to determine the applicant's
17 fitness to practice.
18 (b) Time and place.--Applicants for licensure shall be
19 examined at a time and place determined by the board.
20 Examinations shall be given at least twice a year. The board
21 shall notify applicants by mail of the time and place of
22 scheduled examinations.
23 (c) Applications and fees.--Individuals applying for
24 licensure shall remit as examination fee an amount to be
25 determined by the board prior to admission to take the written
26 examination, using forms provided by the board. A person who
27 fails an examination may submit an application for reexamination
28 to the board, accompanied by the prescribed fee.
29 (d) Subsequent examinations.--The board may adopt rules and
30 regulations governing the eligibility of applicants who have
19890H1216B1399 - 11 -
1 failed to pass two examinations concerning their admittance to
2 subsequent examinations.
3 Section 10. Waiver of certain requirements for licensure.
4 A person who, on the effective date of this act, meets the
5 requirements of section 8, and who, in addition, has been
6 engaged in the practice of dietetics-nutrition for a period of
7 three years during the ten years immediately preceding the
8 effective date of this act, or persons who provide evidence of
9 current registration as a Registered Dietitian-Nutritionist by
10 the Commission of Dietetic Registration of the American Dietetic
11 Association on the effective date of this act, shall be
12 considered to have met the requirements of this act, and shall
13 be licensed without the necessity of taking the examination;
14 provided that an application is made to the board within six
15 months of the effective date of this act and the appropriate fee
16 is paid.
17 Section 11. Reciprocity.
18 A person paying the appropriate fee and filing an application
19 who presents evidence satisfactory to the board of licensure as
20 a dietitian-nutritionist by another state, territory of the
21 United States or the District of Columbia, may be licensed to
22 practice in this Commonwealth; provided that the standards for
23 licensure in the other jurisdiction are at least equal to those
24 provided for in this act.
25 Section 12. Use of title.
26 The board shall issue a license to any person who has met the
27 requirements of this act, upon payment of the applicable license
28 fee. A person who is issued a license as a dietitian-
29 nutritionist under the provision of this act may use the title
30 "dietitian" or "nutritionist," or use the letters "L.D." in
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1 connection with the title of place or business, to denote the
2 licensure of that person.
3 Section 13. Renewal of license; effect of license suspension or
4 revocation.
5 (a) Biennial renewal.--A license issued under this act shall
6 be renewed biennially upon payment of the renewal fee prescribed
7 by the board. It shall expire unless renewed in the manner
8 prescribed by the board. The board may provide for the late
9 renewal of a license upon the payment of a late fee. A late
10 renewal of a license shall not be granted more than four years
11 after its expiration. A license shall be renewed after the four-
12 year period only by complying with all the licensure provisions
13 of this act. The board may establish additional requirements for
14 license renewal designed to insure continued competency of the
15 applying dietitian-nutritionist.
16 (b) Continuing education.--A license issued under this act
17 shall not be renewed unless the licensee applying for renewal
18 submits proof to the board that, during the two calendar years
19 immediately preceding the application for renewal, the licensee
20 has satisfactorily completed a minimum of 30 hours of continuing
21 dietetic-nutrition education approved by the board.
22 (c) Suspended licenses.--A suspended license shall expire at
23 the end of its term and may be renewed as provided in this act.
24 A renewal shall not authorize a licensee, while the license
25 remains suspended, to engage in the licensed activity, or any
26 other activity in violation of the order or judgment by which
27 the license was suspended. Whenever a license revoked on
28 disciplinary grounds is reinstated, the licensee, as a condition
29 of reinstatement, shall pay a renewal fee and any late fee that
30 may be applicable.
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1 Section 14. Refusal, suspension, revocation or refusal to renew
2 licenses; injunctive relief.
3 (a) Unprofessional conduct.--The board shall refuse to issue
4 a license to a person, and after a notice and hearing in
5 accordance with law, may suspend or revoke a license, or refuse
6 to renew a license, or may impose probationary conditions where
7 the licensee or applicant for license is guilty of
8 unprofessional conduct which has endangered or is likely to
9 endanger the health, welfare or safety of the public.
10 Unprofessional conduct shall include, but not be limited to, the
11 following:
12 (1) Obtaining a license by means of fraud,
13 misrepresentation or concealment of material facts.
14 (2) Being found guilty of immoral or unprofessional
15 conduct. Unprofessional conduct shall include any departure
16 from or failure to conform to acceptable and prevailing
17 standards. In proceedings based on this paragraph, actual
18 injury to the client need not be established.
19 (3) Being convicted of, or pleading guilty of, or nolo
20 contendere to a crime which was found by the board to have a
21 direct bearing on whether the person should be entrusted to
22 serve the public as a dietitian-nutritionist.
23 (b) Board action.--When the board finds that the license or
24 application for license of any person may be refused, revoked,
25 restricted or suspended under the terms of subsection (a), the
26 board may:
27 (1) Deny the application for a license.
28 (2) Administer a public reprimand.
29 (3) Revoke, suspend, limit or otherwise restrict a
30 license as determined by the board.
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1 (4) Require a licensee to submit to the care, counseling
2 or treatment of a physician designated by the board.
3 (5) Suspend enforcement of its findings and place a
4 licensee on probation with the right to vacate the
5 probationary order for noncompliance.
6 (6) Restore a suspended license and impose any
7 disciplinary or corrective measure which it might originally
8 have imposed.
9 (c) Hearing.--All actions of the board shall be taken
10 subject to the right of notice, hearing and adjudication and the
11 right of appeal therefrom in accordance with Title 2 of the
12 Pennsylvania Consolidated Statutes (relating to administrative
13 law and procedure).
14 (d) Temporary suspension.--The board shall temporarily
15 suspend a license under circumstances as determined by the board
16 to be an immediate and clear danger to the public health and
17 safety. The board shall issue an order to that effect without a
18 hearing, but upon due notice to the licensee concerned at his or
19 her last known address, which shall include a written statement
20 of all allegations against the licensee. The provisions of
21 subsection (c) shall not apply to temporary suspension. The
22 board shall thereupon commence formal action to suspend, revoke
23 or restrict the license of the person concerned as otherwise
24 provided for in this act. All actions shall be taken promptly
25 and without delay. Within 30 days following the issuance of an
26 order temporarily suspending a license, the board shall conduct,
27 or cause to be conducted, a preliminary hearing to determine
28 that there is a prima facie case supporting the suspension. The
29 licensee whose license has been temporarily suspended may be
30 present at the preliminary hearing and may be represented by
19890H1216B1399 - 15 -
1 counsel, cross-examine witnesses, inspect physical evidence,
2 call witnesses, offer evidence and testimony and make a record
3 of the proceedings. If it is determined that there is not a
4 prima facie case, the suspended license shall be immediately
5 restored. The temporary suspension shall remain in effect until
6 vacated by the board, but in no event longer than 180 days.
7 (e) Injunctions.--The Attorney General may, on behalf of the
8 board, apply for injunctive relief in any court of competent
9 jurisdiction, to enjoin a person from committing an act in
10 violation of this act. Injunctive proceedings shall be in
11 addition to, and not in lieu of, all penalties and other
12 remedies in this act.
13 (f) Hearings.--Any person who is licensed by the board, or
14 who is an applicant for examination for licensure by the board,
15 against whom any charges are preferred which would cause the
16 revocation or suspension of a license, shall be cited by the
17 board, and shall have a hearing before the board, or by a
18 hearing examiner as determined by the board.
19 Section 15. Reinstatement of license.
20 Unless ordered to do so by Commonwealth Court or an appeal
21 therefrom, the board shall not reinstate a license which has
22 been revoked. Any person whose license has been revoked may
23 apply for reinstatement, after a period of at least five years,
24 but must meet all of the licensing qualifications of this act,
25 including the examination requirement, if he or she desires to
26 practice as a dietitian-nutritionist pursuant to this act at any
27 time after such revocation.
28 Section 16. Reporting of multiple licensure.
29 Any licensed dietitian-nutritionist of this Commonwealth who
30 is also licensed to practice in any other state, territory or
19890H1216B1399 - 16 -
1 country shall report this information to the board on the
2 biennial renewal application. Any disciplinary action taken in
3 any other state, territory or country shall be reported to the
4 board on the biennial renewal application, or within 90 days of
5 disposition, whichever is sooner. Multiple licensure shall be
6 noted by the board on the licensee's record, and such state,
7 territory or country shall be notified by the board of any
8 disciplinary actions taken against the licensee in this
9 Commonwealth.
10 Section 17. Surrender of suspended or revoked license.
11 The board shall require a person whose license or
12 registration has been suspended or revoked to return the license
13 or registration in such manner as the board directs. Failure to
14 do so shall be a misdemeanor of the third degree.
15 Section 18. Impaired professional.
16 (a) Appointment of professional consultant.--The board, with
17 the approval of the commissioner, shall appoint and fix the
18 compensation of a professional consultant who is a licensee of
19 the board, or such other professional consultant as the board
20 may determine with education and experience in the
21 identification, treatment and rehabilitation of persons with
22 physical or mental impairments. The professional consultant
23 shall be accountable to the board and shall act as a liaison
24 between the board and treatment programs, such as alcohol and
25 drug treatment programs licensed by the Department of Health,
26 psychological counseling, and impaired professional support
27 groups, which are approved by the board and which provide
28 services to licensees under this act.
29 (b) Subsequent action by board.--The board may defer and
30 ultimately dismiss any of the types of corrective action set
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1 forth in this act for an impaired professional so long as the
2 professional is progressing satisfactorily in an approved
3 treatment program, provided that the provisions of this
4 subsection shall not apply to a professional who has been
5 convicted of, pleaded guilty to or entered a plea of nolo
6 contendere to a felonious act prohibited by the act of April 14,
7 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
8 Device and Cosmetic Act, or has been convicted of, pleaded
9 guilty to or entered a plea of nolo contendere to a felony
10 relating to a controlled substance in a court of law of the
11 United States or any other state, territory or country. An
12 approved program provider shall, upon request, disclose to the
13 consultant such information in its possession regarding any
14 impaired professional in treatment which the program provider is
15 not prohibited from disclosing by an act of this Commonwealth,
16 another state or the United States. The requirement of
17 disclosure by an approved program provider shall apply in the
18 case of impaired professionals who enter an agreement in
19 accordance with this section, impaired professionals who are the
20 subject of a board investigation or disciplinary proceeding and
21 impaired professionals who voluntarily enter a treatment program
22 other than under the provisions of this section but who fail to
23 complete the program successfully or to adhere to an aftercare
24 plan developed by the program provider.
25 (c) Agreement.--An impaired professional who enrolls in an
26 approved treatment program shall enter into an agreement with
27 the board under which the professional's license shall be
28 suspended or revoked but enforcement of the suspension or
29 revocation may be stayed for the length of time the professional
30 remains in the program, makes satisfactory progress, complies
19890H1216B1399 - 18 -
1 with the terms of the agreement and adheres to any limitations
2 on his practice, imposed by the board to protect the public.
3 Failure to enter into such an agreement shall disqualify the
4 professional from the impaired professional program and shall
5 activate an immediate investigation and disciplinary proceeding
6 by the board.
7 (d) Report by provider.--If, in the opinion of the
8 consultant after consultation with the provider, an impaired
9 professional who is enrolled in an approved treatment program
10 has not progressed satisfactorily, the consultant shall disclose
11 to the board all information in his or her possession relevant
12 to the issue of impairment regarding the professional, and the
13 board shall institute proceedings to determine if the stay of
14 enforcement of the suspension or revocation of the impaired
15 professional's license shall be vacated.
16 (e) Immunity.--An approved program provider who makes a
17 disclosure pursuant to this section shall not be subject to
18 civil liability for the disclosure or its consequences.
19 (f) Reports by others.--Any hospital or health care
20 facility, peer or colleague who has substantial evidence that a
21 professional has an active addictive disease for which the
22 professional is not receiving treatment, is diverting a
23 controlled substance or is mentally or physically incompetent to
24 carry out the duties of his or her license shall make or cause
25 to be made a report to the board, provided that any person who
26 or facility which acts in a treatment capacity to an impaired
27 professional in an approved treatment program is exempt from the
28 mandatory reporting requirements of this subsection. Any person
29 or facility who reports pursuant to this section in good faith
30 and without malice shall be immune from any civil or criminal
19890H1216B1399 - 19 -
1 liability arising from the report. Failure to provide a report
2 within a reasonable time from receipt of knowledge of impairment
3 shall subject the person or facility to a fine of not more than
4 $1,000. The board shall levy this penalty only after affording
5 the accused party the opportunity for a hearing, as provided in
6 Title 2 of the Pennsylvania Consolidated Statutes (relating to
7 administrative law and procedure).
8 Section 19. Penalties.
9 (a) Criminal penalties.--A person who violates this act
10 commits a misdemeanor of the third degree and shall, upon
11 conviction, be sentenced to pay a fine of not more than $1,000
12 or to imprisonment for not more than 90 days, or both.
13 (b) Civil penalty.--In addition to any other civil remedy or
14 criminal penalty provided for in this act, the board, by a vote
15 of the majority of the maximum number of the authorized
16 membership of the board as provided by law, or by a vote of the
17 majority of the duly qualified and confirmed membership or a
18 minimum of three members, whichever is greater, may levy a civil
19 penalty of not more than $1,000 on any current licensee who
20 violates any provision of this act or on any person who holds
21 himself out as a licensed dietitian-nutritionist without being
22 so licensed pursuant to this act. The board shall levy this
23 penalty only after affording the accused party the opportunity
24 for a hearing, as provided in Title 2 of the Pennsylvania
25 Consolidated Statutes (relating to administrative law and
26 procedure).
27 (c) Disposition.--All fines and civil penalties imposed in
28 accordance with this section shall be paid into the Professional
29 Licensure Augmentation Account. Records.--A record of all
30 persons licensed to practice as board and shall be open to
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1 public inspection and copying upon payment of a nominal fee for
2 copying the record.
3 Section 20. Records.
4 A record of all persons licensed to practice as dietitian-
5 nutritionist in Pennsylvania shall be kept in the office of the
6 board and shall be open to public inspection and copying upon
7 payment of a nominal fee for copying the record.
8 Section 21. Fees.
9 (a) General rule.--All fees required pursuant to this act
10 shall be fixed by the board by regulation and shall be subject
11 to the act of June 25, 1982 (P.L.633, No.181), known as the
12 Regulatory Review Act. If the revenues raised by fees, fines and
13 civil penalties imposed pursuant to this act are not sufficient
14 to meet expenditures over a two-year period, the board shall
15 increase those fees by regulation so that the projected revenues
16 will meet or exceed projected expenditures.
17 (b) Bureau of Professional and Occupational Affairs.--If the
18 Bureau of Professional and Occupational Affairs determines that
19 the fees established by the board pursuant to paragraph (c)(1)
20 are inadequate to meet the minimum enforcement efforts required
21 by this act, then the bureau, after consultation with the board
22 and subject to the Regulatory Review Act, shall increase the
23 fees by regulation in an amount so that adequate revenues are
24 raised to meet the required enforcement effort.
25 Section 22. Subpoenas.
26 (a) Power to issue.--The board shall have the authority to
27 issue subpoenas, upon application of an attorney responsible for
28 representing the Commonwealth in disciplinary matters before the
29 board, for the purpose of investigating alleged violations of
30 the disciplinary provisions administered by the board. The board
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1 shall have the power to subpoena witnesses, to administer oaths,
2 to examine witnesses and to take such testimony or compel the
3 production of such books, records, papers and documents as it
4 may deem necessary or proper in, and pertinent to, any
5 proceeding, investigation or hearing, held or had by it. The
6 board is authorized to apply to the Commonwealth Court to
7 enforce its subpoenas.
8 (b) Notification of board.--An attorney responsible for
9 representing the Commonwealth in disciplinary matters before the
10 board shall notify the board immediately upon receiving
11 notification of an alleged violation of this act. The board
12 shall maintain current records of all reports of alleged
13 violations and periodically review the records for the purpose
14 of determining that each alleged violation has been resolved in
15 a timely manner.
16 Section 23. Unlawful practice.
17 (a) Injunction.--Unlawful practice may be enjoined by the
18 courts upon petition of the commissioner or the board. In any
19 proceeding under this section, it shall not be necessary to show
20 that any person is individually injured by the actions
21 complained of. If the court finds that the respondent has
22 violated this section, it shall enjoin him or her from so
23 practicing until he or she has been duly licensed. Procedure in
24 such cases shall be the same as in any other injunction suit.
25 (b) Remedy cumulative.--The injunctive remedy provided in
26 this section shall be in addition to any other civil or criminal
27 prosecution and punishment.
28 Section 24. Appropriation.
29 The sum of $75,000, or as much thereof as may be necessary,
30 is hereby appropriated from the Professional Licensure
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1 Augmentation Account in the General Fund to the Bureau of
2 Professional and Occupational Affairs in the Department of State
3 for the establishment and operation of the State Board of
4 Dietitian-Nutritionist Licensure. The appropriation granted
5 shall be repaid by the board within three years of the beginning
6 of issuance of licenses by the board.
7 Section 25. Severability.
8 The provisions of this act are severable. If any provision of
9 this act or its application to any person or circumstance is
10 held invalid, the invalidity shall not affect other provisions
11 or applications of this act which can be given effect without
12 the invalid provision or application.
13 Section 26. Effective date.
14 This act shall take effect in 90 days.
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