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1 BIL: 304 2 TYP: General Bill GB 3 INB: Senate 4 IND: 19990112 5 PSP: Hayes 6 SPO: Hayes, Giese 7 DDN: l:\council\bills\psd\7082ac99.doc 8 CBN: 3237 9 RBY: House 10 COM: Labor, Commerce and Industry Committee 26 HLCI 11 LAD: 19990428 12 SUB: Dietetics, licensure and regulation of; Dieticians and Nutritionists 13 14 15 HST: 16 17 Body Date Action Description Com Leg Involved 18 ______19 House 20000517 Committed to Committee 26 HLCI 20 House 20000517 Request for debate withdrawn 21 by Representative Davenport 22 Trotter 23 House 20000516 Request for debate withdrawn 24 by Representative Robinson 25 House 20000503 Debate adjourned until 26 Thursday, 20000504 27 House 20000502 Request for debate withdrawn 28 by Representative Witherspoon 29 House 20000418 Objection by Representative Cooper 30 House 20000418 Request for debate by Representative Klauber 31 McGee 32 Trotter 33 Witherspoon 34 Barfield 35 Kirsh 36 Chellis 37 Perry 38 Robinson 39 Davenport 40 Phillips 41 Quinn 42 Edge 43 ------20000417 Scrivener's error corrected 44 House 20000412 Committee report: Favorable with 27 H3M 45 amendment 46 House 19990504 Introduced, read first time, 27 H3M 47 referred to Committee 48 Senate 19990429 Read third time, sent to House 49 Senate 19990428 Amended 1 Senate 19990427 Read second time, carrying over 2 all amendments to third reading 3 Senate 19990427 Recalled from Committee 13 SMA 4 Senate 19990112 Introduced, read first time, 13 SMA 5 referred to Committee 6 Senate 19981216 Prefiled, referred to Committee 13 SMA 7 8 9 Versions of This Bill 10 11 12 Revised on 19990427 13 Revised on 19990428 14 Revised on 20000412 15 Revised on 20000417 16 17 18 TXT: 1 COMMITTEE REPORT 2 April 12, 2000 3 4 S. 304 5 6 Introduced by Senators Hayes and Giese 7 8 S. Printed 4/12/00--H. [SEC 4/17/00 9:22 AM] 9 Read the first time May 4, 1999. 10 11 12 THE COMMITTEE ON MEDICAL, 13 MILITARY, PUBLIC AND MUNICIPAL AFFAIRS 14 To whom was referred a Bill (S. 304), to amend Chapter 47, 15 Title 40, Code of Laws of South Carolina, 1976, relating to 16 physicians, surgeons, and osteopaths, and the State Board of 17 Medical Examiners, etc., respectfully 18 REPORT: 19 That they have duly and carefully considered the same, and 20 recommend that the same do pass with amendment: 21 22 Amend the bill, as and if amended, by striking all after the 23 enacting words and inserting: 24 /SECTION 1. Chapter 47, Title 40 of the 1976 Code is amended 25 by adding: 26 “Section 40-47-805. This article may be cited as the ‘South 27 Carolina Dietetics Practice Act.’ 28 Section 40-47-810. The General Assembly recognizes that the 29 practice of dietetics (Medical Nutrition Therapy) in South Carolina 30 affects the public health, safety and welfare and should be subject 31 to regulation and control in the public interest to protect the public 32 from the unauthorized and unqualified practice of dietetics and 33 from unprofessional conduct by persons licensed to practice 34 dietetics. However, restrictions must be imposed to the extent 35 necessary to protect the public from significant and discernible 36 danger to health and yet not in such a manner which will 37 unreasonably affect the competitive market. 38 Section 40-47-815. As used in this chapter: 39 (1) ‘Advisory panel’ means the Advisory Panel for Dietetics 40 under the department.

1 [304-1] 1 (2) ‘Approved dietetic school’ means a facility which meets 2 minimum standards for training and curriculum as determined by 3 regulations of the department. 4 (3) ‘Department’ means the South Carolina Department of 5 Labor, Licensing and Regulation. 6 (4) ‘Director’ means the director of the department or their 7 designee. 8 (5) ‘Disciplinary panel’ means the Disciplinary Panel for 9 Dietetics under the department. 10 (6) ‘Dietetics’ or ‘nutrition’ means the integration and 11 application of principals derived from the science of nutrition, 12 biochemistry, physiology, food and management and from 13 behavioral and social sciences to achieve and maintain a healthy 14 status. The primary function of dietetic practice is the provision of 15 nutrition care services. 16 (7) ‘Licensure’ means the procedure by which a person applies 17 to the department and is granted approval to practice dietetics. 18 (8) ‘Licensed dietitian’ means an individual licensed in good 19 standing to practice dietetics or nutrition pursuant to the provisions 20 of this article. For purposes of this article, ‘dietitian’ is 21 synonymous with ‘nutritionist’. 22 (9) ‘Nutrition care services’ or ‘medical nutrition therapy’ 23 means any part of all of the following: assessing the nutritional 24 needs of individuals and groups and determining resources and 25 constraints in the practice setting; establishing priorities, goals, and 26 objectives that meet nutritional needs and are consistent with 27 available resources and financial constraints; providing nutritional 28 counseling in health and disease prevention; developing, 29 implementing, and managing nutrition care systems; evaluating, 30 making changes in, and maintaining appropriate standards of 31 quality in food and nutrition services; and transcribing a verbal 32 order into patient records for cosignature by the ordering physician 33 and implementing of the physician’s written and verbal orders 34 which pertain to the practice of dietetics, if this practice is 35 specifically authorized by the medical director and the health care 36 facility. In the delivery of dietetic home care this practice must be 37 authorized specifically by the physician sponsor. 38 ‘Nutrition care services’ does not include the retail sale of food 39 products or vitamins and minerals. 40 Section 40-47-820. Individuals holding themselves out to be 41 dietitians and nutritionists employed to provide dietetic and 42 medical nutrition therapy for inpatients, outpatients, and home 43 patients must be licensed in accordance with this article.

1 [304-2] 1 Section 40-47-825. This article does not apply to: 2 (1) a health care professional who is licensed by the State and 3 is working within his or her scope of practice, or who by passage 4 of an examination certified by the National Council of Health 5 certifying agencies has proven to be competent in one or more of 6 the functions included in the definition of dietetics or medical 7 nutrition therapy, as long as the person does not represent himself 8 of herself as a dietitian or nutritionist; 9 (2) a dietician serving in the armed forces of the public health 10 service of the United States or employed by the Department of 11 Veterans Affairs when performing duties associated with that 12 service or employment; 13 (3) a student or trainee working under the direct supervision of 14 a licensed dietitian while fulfilling an experience requirement or 15 pursuing a course of study to meet requirements for licensure, for a 16 limited period of time as determined by the department; 17 (4) a person aiding the practice of dietetics, if the person works 18 under the direct supervision of a licensed dietician and performs 19 only support activities that do not require formal academic training 20 in the basic food, nutrition, chemical, biological, behavioral and 21 social sciences that are used in the practice of dietetics; 22 (5) an employee of or a person who contracts with the State, a 23 political subdivision of the State, or a local school administrative 24 unit while engaged in the practice of dietetics within the scope of 25 that employment; 26 (6) a retailer who does not hold himself out to be a dietician 27 when that retailer furnishes nutrition information to customers on 28 food, food materials, dietary supplements, and other goods sold at 29 his retail establishment, in connection with the marketing and 30 distribution of those goods; 31 (7) a person who provides weight control services, provided a 32 dietitian registered by the Commission on Dietetic Registration of 33 the American Dietetic Association or a dietician licensed in 34 another state that has licensure requirements that are equivalent to 35 the requirements in this State: 36 (a) has reviewed the service; 37 (b) is available for consultation; and 38 (c) approves a change in the service prior to its initiation. 39 (8) an employee or independent contractor of a hospital or 40 health care facility licensed by this State; 41 (9) an herbalist, or other person who does not hold himself or 42 herself out to be a dietitian, when that person furnishes nutritional 43 information on food, food materials, or dietary supplements or

1 [304-3] 1 when that person furnishes nonfraudulent, specific nutritional 2 information and counseling about reported or historical use of 3 herbs, vitamins, minerals, amino acids, carbohydrates, sugars, 4 enzymes, food concentrates or other foods. 5 Section 40-47-830. Nothing in this article may be construed to 6 require direct third-party reimbursement to persons licensed under 7 this article. 8 Section 40-47-835. (A) There shall be created under the 9 department’s Division of Professional and Occupational Licensing, 10 and advisory panel and a disciplinary panel for dietetics. Members 11 shall be appointed by the Governor. Nominations for 12 appointments to the advisory or disciplinary panel may be 13 submitted to the Governor from any individual, group or 14 association. A vacancy on either panel must be filled in the 15 manner of the original appointment for the remainder of the 16 unexpired term. No member may serve more than two full terms. 17 The Governor may remove a member of either panel in accordance 18 with Section 1-3-240. 19 (B) Members of the advisory and disciplinary panels must be 20 compensated for their services as provided for in Section 21 40-1-50(A). Panel members must be dieticians registered by the 22 American Dietetic Association and must have been engaged in the 23 practice of dietetics for not fewer than three consecutive years 24 before appointment and must practice in this State except that 25 panel members who are appointed from the general public may not 26 be associated in any way with the practice of dietetics, nutrition 27 care services, or medical nutrition therapy. 28 (C) Each panel will annually elect a chairman to preside and 29 represent the panel as may be necessary. Each panel shall meet 30 upon the call of the director. A majority of the members of each 31 panel constitutes a quorum; however, if there is a vacancy, a 32 majority of the members serving constitutes a quorum. Panel 33 members are required to attend meetings or to provide proper 34 notice and justification of inability to do so. Unexcused absences 35 from meetings may result in removal as provided for in Section 36 1-3-240. 37 Section 40-47-840. (A) The Dietetics Advisory Panel will 38 consist of six members, one of whom must be: 39 (1) a professional whose primary practice is clinical 40 dietetics; 41 (2) a professional whose primary practice is community or 42 public health dietetics; 43 (3) a professional whose primary practice is consulting;

1 [304-4] 1 (4) a professional whose primary practice is in management 2 of nutritional services; and 3 (5) two members appointed from the general public. 4 (B) Members serve a term of four years and until the successors 5 are appointed. 6 (C) The duties of the advisory panel are to advise the 7 department in the development of regulations, statutory revisions, 8 and such other matters as the department may request in regard to 9 the administration of this chapter. 10 (D) Final decisions in all matters rest with the director. 11 Section 40-47-845. (A) The Disciplinary Panel will consist of 12 three members, one of whom must be: 13 (1) an educator on the faculty of a college or university, 14 specializing in the field of dietetics; 15 (2) a dietitian who serves coterminously with the Governor; 16 (3) a member of the general public. 17 (B) Members serve a term of four years and until their 18 successors are appointed. 19 (C) The disciplinary panel is responsible for advising the 20 department concerning matters relating to violations of this 21 chapter. The panel will conduct hearings and, on the basis of the 22 findings thereof, recommend disciplinary action to the director for 23 final decision and order. 24 Section 40-47-850. (A) The director may employ and establish 25 compensation for personnel the director considers necessary and 26 appropriate for the administration of this chapter. 27 (B) Duties must be prescribed by the director and may include, 28 but are not limited to: 29 (1) maintaining and preserving records; 30 (2) receiving and accounting for all monies received by the 31 department; 32 (3) issuing necessary notices to licenses; 33 (4) determining the eligibility of applicants for examination 34 and licensure; 35 (5) licensing and renewing the licenses of qualified 36 applicants; 37 (6) promulgating regulations to carry out this chapter 38 including, but not limited to, establishing a code of ethics to 39 govern the conduct and practices of persons licensed under this 40 chapter; and 41 (7) where appropriate, preparing, administering, and grading 42 the examination or contracting for the preparation, administration 43 or grading of the examination.

1 [304-5] 1 Section 40-47-855. The department shall prepare and submit an 2 annual report on the administration of this chapter in accordance 3 with Section 40-1-50. 4 Section 40-47-860. The department shall keep a record and a 5 registry in accordance with Section 40-1-50. 6 Section 40-47-865. The department shall prepare and publish a 7 roster in accordance with Section 40-1-50. 8 Section 40-47-870. The department shall charge and collect the 9 following fees: 10 (1) dietetics application and initial licensing fee of one hundred 11 fifty dollars; 12 (2) biennial dietetics licensure renewal fee of one hundred and 13 twenty dollars; 14 (3) initial inactive license status fee of one hundred dollars; 15 (4) biennial renewal fee for inactive status of one hundred 16 dollars; 17 (5) reinstatement fee of fifty dollars for renewals received after 18 September 30 but before November 1; and 19 (6) replacement fee of ten dollars for replacing a license. 20 Fees may be adjusted by the director to ensure that they are 21 sufficient, but not excessive to cover the costs to the state for the 22 operation of the dietetics program. All fees are nonrefundable. 23 Section 40-47-875. The department has jurisdiction over the 24 actions committed or omitted by current and former licensees 25 during the entire period of licensure. The department has 26 jurisdiction to act on any matter which arises during the practice 27 authorization period. 28 Section 40-47-880. No person may practice dietetics without a 29 license issued in accordance with this chapter. A person licensed 30 by the State under this title or any other provision of law whose 31 scope of practice overlaps with the practice of dietetics is not also 32 required to be licensed under this chapter unless the person holds 33 himself out to be a practitioner of dietetics. 34 Section 40-47-885. To be licensed by the department as a 35 dietitian a person must: 36 (1) have successfully completed the requirements for current 37 registration as a registered dietitian by the Commission on Dietetic 38 Registration; or 39 (2) where appropriate, has passed an examination as prescribed 40 by the department and has received a post-baccalaureate degree 41 from a regionally accredited college or university or a master’s 42 degree in human nutrition, nutrition education, foods and nutrition,

1 [304-6] 1 public health nutrition, or an equivalent major course of study as 2 approved by the department. 3 Section 40-47-890. An applicant for licensure who has obtained 4 his or her education outside of the United States and its territories 5 must meet the requirements for current registration as registered 6 dietitian by the Commission on Dietetic Registration. 7 Section 40-47-895. An applicant for licensure must be made in 8 writing under oath on a form prescribed by the department and 9 accompanied by all applicable fees. 10 Section 40-47-900. (A) If an applicant satisfied the licensure 11 requirements and pays the applicable fees as provided for in this 12 chapter, the department shall issue a license to the applicant. A 13 license is a personal right and not transferable and the issuance of a 14 license is evidence that the licensee is entitled to all rights and 15 privileges of a dietitian while the license remains current and 16 unrestricted. 17 (B) A person licensed under this chapter shall display the 18 license in a prominent and conspicuous place in the person’s place 19 of business and shall include the number of the license in an 20 advertisement of dietetics services appearing in a newspaper, 21 airwave transmission, telephone directory or other advertising 22 medium. 23 (C) Only a person licensed under this chapter may use the title 24 of dietitian or nutritionist. 25 Section 40-47-905. The department shall issue a license to a 26 person who holds an active, current, and unrestricted license in 27 another state if the standards for licensure in that state are at least 28 the substantial equivalent to the licensing standards provided for 29 this chapter, and the person satisfies any other requirements the 30 department may prescribe in regulation. 31 Section 40-47-910. (A) A dietetics license must be renewed 32 biennially and expire on September 30 of the second year. 33 Application for renewal must be accompanied by the fee as 34 provided for in Section 40-47-870. A license which has not been 35 renewed by September 30 is invalid and only may be reinstated 36 upon receipt of a renewal application postmarked before 37 November 1 and accompanied by the biennial license fee and 38 reinstatement fee. 39 (B) A person requesting inactive licensure must hold an active, 40 current, and unrestricted license issued by the department at the 41 time inactive licensure is requested and agree not to practice 42 dietetics while holding an inactive license. An inactive license 43 may be renewed for up to four years.

1 [304-7] 1 Section 40-47-915. The department may deny a license to 2 practice to any applicant who has committed any act that would be 3 grounds for disciplinary action pursuant to this act, or who has 4 been the subject of disciplinary action by another state or 5 jurisdiction, who has failed to comply with a final order of another 6 professional licensure board, or who has failed to demonstrate the 7 basic qualifications or standards for practice authorization 8 contained in the respective licensing act. It shall be incumbent 9 upon the applicant to demonstrate to the satisfaction of the 10 department that he or she meets all of the requirements for the 11 issuance of a license. 12 Section 40-47-920. The department will suspend the license of 13 any person who submits a check, money draft or similar 14 instrument for payment of a fee which is not honored by the 15 financial institution named. The suspension shall become effective 16 ten days following delivery by certified mail of written notice of 17 the dishonor and the impending suspension to such person’s 18 address. Upon notification of suspension, the person may reinstate 19 the authorization upon payment of the fee and penalties required 20 under statute or regulation. Such suspension shall be exempt from 21 the Administrative Procedures Act. 22 Section 40-47-925. The department will revoke the license of 23 any person found to be in violation of the Family Independence 24 Act as it relates to child support enforcement requirements. 25 Section 40-47-930. Investigations by the department shall be 26 conducted in accordance with Section 40-1-80. 27 Section 40-47-935. For the purpose of a proceeding under this 28 chapter, the director or disciplinary panel may administer oaths 29 and upon its own motion or upon request of any party, shall 30 subpoena witnesses, compel witness’s attendance, take evidence, 31 and require the production of any matter which is relevant to the 32 investigation including, but not limited to, the existence, 33 description, nature, custody, condition, and location of any books, 34 documents or other tangible items and the identity and location of 35 persons having knowledge of relevant facts or any other matter 36 reasonably calculated to lead to the discovery of material evidence. 37 Upon failure to obey a subpoena or to answer questions 38 propounded by the disciplinary panel, the director may apply 39 pursuant to the Administrative Procedures Act to an administrative 40 law judge for an order requiring the person to appear before the 41 disciplinary panel and to produce documentary evidence and give 42 other evidence concerning the matter under inquiry.

1 [304-8] 1 Section 40-47-940. (A) When the department has reason to 2 believe that a person is violating or intends to violate a provision 3 of this chapter or a regulation promulgated under this chapter, in 4 addition to all other remedies, it may order the person to 5 immediately cease and desist from engaging in the conduct. If the 6 person is practicing dietetics without being licensed under this 7 chapter the department also may apply to an administrative law 8 judge for a temporary restraining order prohibiting the unlawful 9 practice. The administrative law judge may issue a temporary 10 restraining order ex parte and the department is not required to: 11 (1) post a bond; 12 (2) establish the absence of an adequate remedy at law; or 13 (3) establish that irreparable damage would result from the 14 continued violation. 15 The director nor any other employee of the department may be 16 held liable for damages resulting from a wrongful temporary 17 restraining order. 18 (B) In accordance with the South Carolina Rules of Civil 19 Procedure, the director also may seek from an administrative law 20 judge other equitable relief to enjoin the violation or intended 21 violation of this chapter or a regulation promulgated under this 22 chapter. 23 Section 40-47-945. The director may take disciplinary action 24 against a person who: 25 (1) used a false, fraudulent or forged statement of document or 26 committed a fraudulent, deceitful, or dishonest act in applying for 27 licensure under this chapter; 28 (2) has had his license to practice dietetics from another state 29 or jurisdiction canceled, revoked, suspended or otherwise 30 restricted; 31 (3) has violated a provision of this chapter, a regulation 32 promulgated under this chapter, or an order of the department or 33 the disciplinary panel; 34 (4) has intentionally or knowingly, directly or indirectly, aided 35 or abetted in the violation or conspiracy to violate this chapter or a 36 regulation promulgated under this chapter; 37 (5) has intentionally used a fraudulent statement in a document 38 connected to the practice of dietetics or has made false, deceptive 39 or misleading statements in the practice of dietetics or in 40 advertising; 41 (6) has obtained fees or assisted in obtaining fees under 42 intentionally fraudulent circumstances;

1 [304-9] 1 (7) has committed dishonorable, unethical or unprofessional 2 conduct that is likely to deceive, defraud or harm the public; 3 (8) lacks the professional or ethical competence to practice 4 dietetics; 5 (9) has been convicted of or has pled guilty to or nolo 6 contendere to a felony or a crime which directly relates to the 7 practice or ability to practice dietetics; 8 (10) has practiced dietetics while under the influence of alcohol 9 or drugs or uses alcohol or drugs to such a degree as to render him 10 unfit to practice dietetics; or 11 (11) has sustained a physical or mental disability, as determined 12 by a physician, which renders further practice by the licensee 13 dangerous to the public. 14 Section 40-47-950. When investigating grounds for taking 15 disciplinary action based upon an alcohol or drug addiction, as 16 provided for in Section 40-47-945 or a physical or mental 17 disability, as provided for in Section 40-47-945, the director upon 18 reasonable grounds may: 19 (1) require an applicant or licensee to submit to a mental or 20 physical examination including a drug test by physicians 21 designated by the director. The results of an examination are 22 admissible in a hearing before the disciplinary panel, 23 notwithstanding a claim of privilege under a contrary rule of law. 24 A person who accepts the privilege of practicing dietetics in this 25 State or who files an application for a license to practice dietetics 26 in this State is deemed to have consented to submit to a mental or 27 physical examination including a drug test and to have waived all 28 objections to the admissibility of the results in a hearing before the 29 disciplinary panel upon the grounds that the results constitute a 30 privileged communication. If an applicant or licensee fails to 31 submit to an examination when requested by the director under this 32 section, unless the failure was due to circumstances beyond the 33 person’s control, the director shall enter an order automatically 34 denying or suspending the license pending compliance and further 35 order of the director. An applicant or licensee who is prohibited 36 from practicing under this subsection must be afforded at 37 reasonable intervals an opportunity to demonstrate to the director 38 the ability to resume or begin the practice of dietetics with 39 reasonable skill and safety to patients; 40 (2) obtain records specifically relating to the mental or physical 41 condition of an applicant or licensee who is the subject of an 42 investigation authorized by item (1) and these records are 43 admissible in a hearing before the disciplinary panel,

1 [304-10] 1 notwithstanding any other provision of law. A person who accepts 2 the privilege of practicing dietetics in this State or who files an 3 application to practice dietetics in this State is deemed to have 4 consented to the disciplinary panel obtaining these records and to 5 have waived all objections to the admissibility of these records 6 constitute a privileged communication. If a licensee or applicant 7 refuses to sign a written consent for the disciplinary panel or 8 director to obtain these records when requested under this section, 9 unless the failure was due to circumstances beyond the person’s 10 control, the director shall enter an order automatically denying or 11 suspending the license pending compliance and further order of the 12 disciplinary panel. An applicant or licensee who is prohibited 13 from practicing dietetics under this section must be afforded at 14 reasonable intervals an opportunity to demonstrate to the director 15 the ability to resume or begin the practice of dietetics with 16 reasonable skill and safety to patients. 17 Section 40-47-955. (A) Upon a recommendation by the 18 disciplinary panel that one or more of the grounds for discipline 19 exists, as provided for in Section 40-47-945 the director may: 20 (1) issue a public reprimand; 21 (2) impose a fine not to exceed five hundred dollars; 22 (3) place the licensee on probation, restrict the license, or 23 suspend the license for a definite or indefinite time and prescribe 24 conditions to be met during probation, restriction or suspension, 25 respectively, including, but not limited to, satisfactory completion 26 of additional education, and supervision or continuing education 27 programs as may be specified; or 28 (4) permanently revoke the license. 29 (B) A final order of the department refusing to issue a license 30 to an applicant or of the director disciplining a licensee under this 31 section, except for a private reprimand, is public information. 32 (C) The department may establish a procedure to allow a 33 licensee who has been issued a public reprimand to petition the 34 department for expungement of the reprimand from the licensee’s 35 record. 36 Section 40-47-960. A licensee who is under investigation for 37 misconduct as defined in Section 40-47-945 for which the director 38 may take disciplinary action may voluntarily surrender his license 39 to the department. The voluntary surrender invalidates the license 40 at the time of its relinquishment, and no person whose license is 41 surrendered voluntarily may practice dietetics until the department 42 reinstates the license. A person practicing dietetics during the 43 period of voluntary license surrender is considered an illegal

1 [304-11] 1 practitioner and is subject to the penalties provided by this chapter. 2 The surrender of a license may not be considered as an admission 3 of guilt in a proceeding under this chapter. The surrender does not 4 preclude the director from imposing conditions on the acceptance 5 of the proffered surrender and does not preclude the director from 6 taking disciplinary action against the licensee. 7 Section 40-47-965. A person aggrieved by an action of the 8 department may appeal the decision to an administrative law judge 9 in accordance with the Administrative Procedures Act. Service of 10 a notice of appeal does not stay the director’s decision pending 11 completion of the appellate process. 12 Section 40-47-970. (A) Service of any notice provided for by 13 law upon a nonresident licensed under this chapter or upon a 14 resident who having been licensed, subsequently becomes a 15 nonresident or after due diligence cannot be found at his usual 16 abode or place of business in this State, may be made by leaving 17 with the director of the department a copy of the notice and any 18 accompanying documents. A copy of the notice, accompanying 19 documents, and a certified copy of the service on the director must 20 be mailed to the licensee at his last known address, return receipt 21 requested. The director shall keep a record of the day of the 22 service of the notice, and the return receipt must be attached to be 23 made a part of the return of service of the notice by the 24 department. 25 (B) A continuance may be given in any hearing under this 26 chapter for which notice is given pursuant to this section so as to 27 afford the licensee a reasonable opportunity to appear and be 28 heard. 29 Section 40-47-975. (A) A communication, whether oral or 30 written, made on behalf or on behalf of a person, to the director, an 31 investigator or disciplinary panel on matters relating to the 32 discipline of a licensee, whether by way of complaint or testimony, 33 is privileged and no action or proceeding, civil or criminal, may be 34 brought against the person, by or on whose behalf the 35 communication is made, except upon proof that the 36 communication was made with malice. 37 (B) Nothing in this chapter may be construed as prohibiting the 38 respondent or his legal counsel from exercising the respondent’s 39 constitutional right of due process under the law, nor as prohibiting 40 the respondent from normal access to the charges and evidence 41 filed against him as part of due process under the law.

1 [304-12] 1 (C) Notwithstanding the provisions of this section, a final order 2 of the director disciplining a licensee is public information as 3 provided for in Section 40-47-955. 4 Section 40-47-980. (A) It is unlawful for a person not licensed 5 under this article, or whose license has been suspended or revoked 6 by the department: 7 (1) to hold himself or herself out as a dietitian, nutritionist, 8 licensed dietitian or licensed nutritionist, alone or in combination, 9 or use the letters ‘LD,’ ‘LN,’ ‘LDN’ or any facsimile or 10 combination in any words, letter, abbreviations or insignia; 11 (2) present as his own license of another; 12 (3) allow the use of his license by an unlicensed person; 13 (4) give false or forged evidence to the department in 14 obtaining a license under this chapter; 15 (5) falsely impersonate another license holder of like or 16 different name; 17 (6) use or attempt to use a license that has been revoked; or 18 (7) otherwise violate a provision of this chapter. 19 (B) The department may institute civil action in the circuit 20 court, in the name of the State, for injunctive relief against any 21 person violating the provisions of this chapter of the regulations or 22 orders of the department or disciplinary panel. For each violation, 23 the court may, in its discretion, impose a fine of no more than one 24 thousand dollars.” 25 SECTION 2. Initial recommendations for appointment to the 26 advisory panel established pursuant to this act must be made 27 within forty-five days after effective date of this act. 28 SECTION 3. This act takes effect one hundred twenty days 29 after approval of the Governor./ 30 Renumber sections to conform. 31 Amend totals and title to conform. 32 33 JOE E. BROWN, for Committee. 34 35 STATEMENT OF ESTIMATED FISCAL IMPACT 36 ESTIMATED FISCAL IMPACT ON GENERAL FUND 37 EXPENDITURES IS: 38 $0 (No additional expenditures or savings expected) 39 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 40 FUND EXPENDITURES IS: 41 A Cost to Federal and/or Other Funds

1 [304-13] 1 EXPLANATION OF IMPACT: 2 The Department of Labor, Licensing and Regulation has 3 determined that Senate Bill 304 would have no impact on the 4 General Fund of the State. Enactment of the bill would require the 5 expenditure of other funds derived from license fees. 6 The department estimates, using comparable existing boards 7 with similar number of licensees, that implementation would 8 require annual expenditures totaling $122,500. Costs include 2.20 9 FTE, $63,000 for personal service and fringe benefits, and 10 operating expenses of $59,500. 11 SPECIAL NOTES: 12 Proviso 50.7 of the FY 1998-99 Appropriation Act requires the 13 Professional and Occupational Licensing Agencies to remit 10% of 14 all revenues collected to the General Fund of the State. Therefore, 15 pursuant to Section 2-7-71 of the 1976 South Carolina Code of 16 Laws, the Board of Economic Advisors is the appropriate agency 17 to address any revenue impact of this legislation. 18 19 Approved By: 20 Don Addy 21 Office of State Budget 22

1 [304-14] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF 12 SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, 13 SURGEONS, AND OSTEOPATHS, AND THE STATE BOARD 14 OF MEDICAL EXAMINERS, BY ADDING ARTICLE 7 SO AS 15 TO PROVIDE FOR THE LICENSURE AND REGULATION OF 16 DIETETICS; TO ESTABLISH THE COMMITTEE OF 17 DIETETICS AS AN ADVISORY COMMITTEE TO THE 18 BOARD AND TO PROVIDE FOR ITS POWERS AND DUTIES; 19 TO ESTABLISH FEES; AND TO PROVIDE PENALTIES. 20 21 Whereas, the General Assembly finds that the practice of dietetics 22 (Medical Nutrition Therapy) in South Carolina affects the public 23 health, safety, and welfare and should be subject to regulation and 24 control in the public interest to protect the public from the 25 unauthorized and unqualified practice of dietetics and from 26 unprofessional conduct by persons licensed to practice dietetics; 27 and 28 29 Whereas, the General Assembly also recognizes the practice of 30 dietetics to be a dynamic and changing art and science, the practice 31 of which is continually evolving to embrace contemporary ideas 32 and more sophisticated methods to ensure patient health and 33 progress; and 34 35 Whereas, the General Assembly further expresses its intent that 36 nothing in this act may be construed to allow, authorize, or 37 otherwise permit a practitioner of dietetics to practice medicine, 38 surgery, or any other form of licensed medical care. Now, 39 therefore, 40 41 Be it enacted by the General Assembly of the State of South 42 Carolina:

1 [304] 1 1 2 SECTION 1. Chapter 47, Title 40 of the 1976 Code is amended 3 by adding: 4 5 “Section 40-47-805. This article may be cited as the ‘South 6 Carolina Dietetics Practice Act.’ 7 8 Section 40-47-810. The General Assembly recognizes that the 9 practice of dietetics (Medical Nutrition Therapy) in South Carolina 10 affects the public health, safety and welfare and should be subject 11 to regulation and control in the public interest to protect the public 12 from the unauthorized and unqualified practice of dietetics and 13 from unprofessional conduct by persons licensed to practice 14 dietetics. However, restrictions must be imposed to the extent 15 necessary to protect the public from significant and discernible 16 danger to health and yet not in such a manner which will 17 unreasonably affect the competitive market. 18 19 Section 40-47-815. As used in this chapter: 20 (1) `Advisory panel’ means the Advisory Panel for Dietetics 21 under the department. 22 (2) `Approved dietetic school’ means a facility which meets 23 minimum standards for training and curriculum as determined by 24 regulations of the department. 25 (3) `Department’ means the South Carolina Department of 26 Labor, Licensing and Regulation. 27 (4) `Director’ means the director of the department or their 28 designee. 29 (5) `Disciplinary panel’ means the Disciplinary Panel for 30 Dietetics under the department. 31 (6) `Dietetics’ or `nutrition’ means the integration and 32 application of principals derived from the science of nutrition, 33 biochemistry, physiology, food and management and from 34 behavioral and social sciences to achieve and maintain a healthy 35 status. The primary function of dietetic practice is the provision of 36 nutrition care services. 37 (7) `Licensure’ means the procedure by which a person applies 38 to the department and is granted approval to practice dietetics. 39 (8) `Licensed dietitian’ means an individual licensed in good 40 standing to practice dietetics or nutrition pursuant to the provisions 41 of this article. For purposes of this article, `dietitian’ is 42 synonymous with `nutritionist’.

1 [304] 2 1 (9) `Nutrition care services’ or `medical nutrition therapy’ 2 means any part of all of the following: assessing the nutritional 3 needs of individuals and groups and determining resources and 4 constraints in the practice setting; establishing priorities, goals, and 5 objectives that meet nutritional needs and are consistent with 6 available resources and financial constraints; providing nutritional 7 counseling in health and disease prevention; developing, 8 implementing, and managing nutrition care systems; evaluating, 9 making changes in, and maintaining appropriate standards of 10 quality in food and nutrition services; and transcribing a verbal 11 order into patient records for cosignature by the ordering physician 12 and implementing of the physician’s written and verbal orders 13 which pertain to the practice of dietetics, if this practice is 14 specifically authorized by the medical director and the health care 15 facility. In the delivery of dietetic home care this practice must be 16 authorized specifically by the physician sponsor. 17 `Nutrition care services’ does not include the retail sale of food 18 products or vitamins and minerals. 19 20 Section 40-47-820. Individuals holding themselves out to be 21 dietitians and nutritionists employed to provide dietetic and 22 medical nutrition therapy for inpatients, outpatients, and home 23 patients must be licensed in accordance with this article. 24 25 Section 40-47-825. This article does not apply to: 26 (1) a health care professional who is licensed by the State, or 27 who by passage of an examination certified by the National 28 Council of Health certifying agencies has proven to be competent 29 in one or more of the functions included in the definition of 30 dietetics or medical nutrition therapy, as long as the person does 31 not represent himself of herself as a dietitian or nutritionist; 32 (2) a dietician serving in the armed forces of the public health 33 service of the United States or employed by the Department of 34 Veterans Affairs when performing duties associated with that 35 service or employment; 36 (3) a student or trainee working under the direct supervision of 37 a licensed dietitian while fulfilling an experience requirement or 38 pursuing a course of study to meet requirements for licensure, for a 39 limited period of time as determined by the department; 40 (4) a person aiding the practice of dietetics, if the person works 41 under the direct supervision of a licensed dietician and performs 42 only support activities that do not require formal academic training

1 [304] 3 1 in the basic food, nutrition, chemical, biological, behavioral and 2 social sciences that are used in the practice of dietetics; 3 (5) an employee of or a person who contracts with the State, a 4 political subdivision of the State, or a local school administrative 5 unit while engaged in the practice of dietetics within the scope of 6 that employment; 7 (6) a retailer who does not hold himself out to be a dietician 8 when that retailer furnishes nutrition information to customers on 9 food, food materials, dietary supplements, and other goods sold at 10 his retail establishment, in connection with the marketing and 11 distribution of those goods; 12 (7) a person who provides weight control services, provided a 13 dietitian registered by the Commission on Dietetic Registration of 14 the American Dietetic Association or a dietician licensed in 15 another state that has licensure requirements that are equivalent to 16 the requirements in this State: 17 (a) has reviewed the service; 18 (b) is available for consultation; and 19 (c) approves a change in the service prior to its initiation. 20 (8) an employee or independent contractor of a hospital or 21 health care facility licensed by this State; 22 an herbalist, or other person who does not hold himself or 23 herself out to be a dietitian, when that person furnishes nutritional 24 information on food, food materials, or dietary supplements or 25 when that person furnishes nonfraudulent, specific nutritional 26 information and counseling about reported or historical use of 27 herbs, vitamins, minerals, amino acids, carbohydrates, sugars, 28 enzymes, food concentrates or other foods. 29 30 Section 40-47-830. Nothing in this article may be construed to 31 require direct third-party reimbursement to persons licensed under 32 this article. 33 34 Section 40-47-835. (A) There shall be created under the 35 department’s Division of Professional and Occupational Licensing, 36 and advisory panel and a disciplinary panel for dietetics. Members 37 shall be appointed by the Governor. Nominations for 38 appointments to the advisory or disciplinary panel may be 39 submitted to the Governor from any individual, group or 40 association. A vacancy on either panel must be filled in the 41 manner of the original appointment for the remainder of the 42 unexpired term. No member may serve more than two full terms.

1 [304] 4 1 The Governor may remove a member of either panel in accordance 2 with Section 1-3-240. 3 (B) Members of the advisory and disciplinary panels must be 4 compensated for their services as provided for in Section 5 40-1-50(A). Panel members must be dietetics therapists and must 6 have been engaged in the practice of dietetics for not fewer than 7 three consecutive years before appointment and must practice in 8 this State. 9 (C) Each panel will annually elect a chairman to preside and 10 represent the panel as may be necessary. Each panel shall meet 11 upon the call of the director. A majority of the members of each 12 panel constitutes a quorum; however, if there is a vacancy, a 13 majority of the members serving constitutes a quorum. Panel 14 members are required to attend meetings or to provide proper 15 notice and justification of inability to do so. Unexcused absences 16 from meetings may result in removal as provided for in Section 17 1-3-240. 18 19 Section 40-47-840. (A) The Dietetics Advisory Panel will 20 consist of five members, one of whom must be: 21 (1) a professional whose primary practice is clinical 22 dietetics; 23 (2) a professional whose primary practice is community or 24 public health dietetics; 25 (3) a professional whose primary practice is consulting; 26 (4) a professional whose primary practice is in management 27 of nutritional services; and 28 (5) a member appointed from the general public. 29 (B) Members serve a term of four years and until the successors 30 are appointed. 31 (C) The duties of the advisory panel are to advise the 32 department in the development of regulations, statutory revisions, 33 and such other matters as the department may request in regard to 34 the administration of this chapter. 35 (D) Final decisions in all matters rest with the director. 36 37 Section 40-47-845. (A) The Disciplinary Panel will consist of 38 three members, one of whom must be: 39 (1) an educator on the faculty of a college or university, 40 specializing in the field of dietetics; 41 (2) a dietitian who serves coterminously with the Governor; 42 (3) a member of the general public.

1 [304] 5 1 (B) Members serve a term of four years and until their 2 successors are appointed. 3 (C) The disciplinary panel is responsible for advising the 4 department concerning matters relating to violations of this 5 chapter. The panel will conduct hearings and, on the basis of the 6 findings thereof, recommend disciplinary action to the director for 7 final decision and order. 8 9 Section 40-47-850. (A) The director may employ and 10 establish compensation for personnel the director considers 11 necessary and appropriate for the administration of this chapter. 12 (B) Duties must be prescribed by the director and may include, 13 but are not limited to: 14 (1) maintaining and preserving records; 15 (2) receiving and accounting for all monies received by the 16 department; 17 (3) issuing necessary notices to licenses; 18 (4) determining the eligibility of applicants for examination 19 and licensure; 20 (5) licensing and renewing the licenses of qualified 21 applicants; 22 (6) promulgating regulations to carry out this chapter 23 including, but not limited to, establishing a code of ethics to 24 govern the conduct and practices of persons licensed under this 25 chapter; and 26 (7) where appropriate, preparing, administering, and grading 27 the examination or contracting for the preparation, administration 28 or grading of the examination. 29 30 Section 40-47-855. The department shall prepare and submit 31 an annual report on the administration of this chapter in 32 accordance with Section 40-1-50. 33 34 Section 40-47-860. The department shall keep a record and a 35 registry in accordance with Section 40-1-50. 36 37 Section 40-47-865. The department shall prepare and publish 38 a roster in accordance with Section 40-1-50. 39 40 Section 40-47-870. The department shall charge and collect 41 the following fees: 42 (1) dietetics application and initial licensing fee of one hundred 43 fifty dollars;

1 [304] 6 1 (2) biennial dietetics licensure renewal fee of one hundred and 2 twenty dollars; 3 (3) initial inactive license status fee of one hundred dollars; 4 (4) biennial renewal fee for inactive status of one hundred 5 dollars; 6 (5) reinstatement fee of fifty dollars for renewals received after 7 September 30 but before November 1; and 8 (6) replacement fee of ten dollars for replacing a license. 9 Fees may be adjusted by the director to ensure that they are 10 sufficient, but not excessive to cover the costs to the state for the 11 operation of the dietetics program. All fees are nonrefundable. 12 13 Section 40-47-875. The department has jurisdiction over the 14 actions committed or omitted by current and former licensees 15 during the entire period of licensure. The department has 16 jurisdiction to act on any matter which arises during the practice 17 authorization period. 18 19 Section 40-47-880. No person may practice dietetics without a 20 license issued in accordance with this chapter. A person licensed 21 by the State under this title or any other provision of law whose 22 scope of practice overlaps with the practice of dietetics is not also 23 required to be licensed under this chapter unless the person holds 24 himself out to be a practitioner of dietetics. 25 26 Section 40-47-885. To be licensed by the department as a 27 dietitian a person must: 28 (1) have successfully completed the requirements for current 29 registration as a registered dietitian by the Commission on Dietetic 30 Registration; or 31 (2) where appropriate, has passed an examination as prescribed 32 by the department and has received a post-baccalaureate degree 33 from a regionally accredited college or university or a master’s 34 degree in human nutrition, nutrition education, foods and nutrition, 35 public health nutrition, or an equivalent major course of study as 36 approved by the department. 37 38 Section 40-47-890. An applicant for licensure who has 39 obtained his or her education outside of the United States and its 40 territories must meet the requirements for current registration as 41 registered dietitian by the Commission on Dietetic Registration. 42

1 [304] 7 1 Section 40-47-895. An applicant for licensure must be made 2 in writing under oath on a form prescribed by the department and 3 accompanied by all applicable fees. 4 5 Section 40-47-900. (A) If an applicant satisfied the licensure 6 requirements and pays the applicable fees as provided for in this 7 chapter, the department shall issue a license to the applicant. A 8 license is a personal right and not transferable and the issuance of a 9 license is evidence that the licensee is entitled to all rights and 10 privileges of a dietitian while the license remains current and 11 unrestricted. 12 (B) A person licensed under this chapter shall display the 13 license in a prominent and conspicuous place in the person’s place 14 of business and shall include the number of the license in an 15 advertisement of dietetics services appearing in a newspaper, 16 airwave transmission, telephone directory or other advertising 17 medium. 18 (C) Only a person licensed under this chapter may use the title 19 of dietitian of nutritionist. 20 21 Section 40-47-905. The department shall issue a license to a 22 person who holds an active license in another state if the standards 23 for licensure in that state are at least the substantial equivalent to 24 the licensing standards provided for this chapter, and the person 25 satisfies any other requirements the department may prescribe in 26 regulation. 27 28 Section 40-47-910. (A) A dietetics license must be renewed 29 biennially and expire on September 30 of the second year. 30 Application for renewal must be accompanied by the fee as 31 provided for in Section 40-47-870. A license which has not been 32 renewed by September 30 is invalid and only may be reinstated 33 upon receipt of a renewal application postmarked before 34 November 1 and accompanied by the biennial license fee and 35 reinstatement fee. 36 (B) A person requesting inactive licensure must hold a valid 37 unrestricted license issued by the department at the time inactive 38 licensure is requested and agree not to practice dietetics while 39 holding an inactive license. An inactive license may be renewed 40 for up to four years. 41 42 Section 40-47-915. The department may deny a license to 43 practice to any applicant who has committed any act that would be

1 [304] 8 1 grounds for disciplinary action pursuant to this act, or who has 2 been the subject of disciplinary action by another state or 3 jurisdiction, who has failed to comply with a final order, or who 4 has failed to demonstrate the basic qualifications or standards for 5 practice authorization contained in the respective licensing act. It 6 shall be incumbent upon the applicant to demonstrate to the 7 satisfaction of the department that he or she meets all of the 8 requirements for the issuance of a license. 9 10 Section 40-47-920. The department will suspend the license 11 of any person who submits a check, money draft or similar 12 instrument for payment of a fee which is not honored by the 13 financial institution named. The suspension shall become effective 14 ten days following delivery by certified mail of written notice of 15 the dishonor and the impending suspension to such person’s 16 address. Upon notification of suspension, the person may reinstate 17 the authorization upon payment of the fee and penalties required 18 under statute or regulation. Such suspension shall be exempt from 19 the Administrative Procedures Act. 20 21 Section 40-47-925. The department will revoke the license of 22 any person found to be in violation of the Family Independence 23 Act as it relates to child support enforcement requirements. 24 25 Section 40-47-930. Investigations by the department shall be 26 conducted in accordance with Section 40-1-80. 27 28 Section 40-47-935. For the purpose of a proceeding under this 29 chapter, the director or disciplinary panel may administer oaths 30 and upon its own motion or upon request of any party, shall 31 subpoena witnesses, compel witness’s attendance, take evidence, 32 and require the production of any matter which is relevant to the 33 investigation including, but not limited to, the existence, 34 description, nature, custody, condition, and location of any books, 35 documents or other tangible items and the identity and location of 36 persons having knowledge of relevant facts or any other matter 37 reasonably calculated to lead to the discovery of material evidence. 38 Upon failure to obey a subpoena or to answer questions 39 propounded by the disciplinary panel may apply pursuant to the 40 Administrative Procedures Act to an administrative law for an 41 order requiring the person to appear before the disciplinary panel 42 and to produce documentary evidence and gave other evidence 43 concerning the matter under inquiry.

1 [304] 9 1 Section 40-47-940. (A) When the department has reason to 2 believe that a person is violating or intends to violate a provision 3 of this chapter or a regulation promulgated under this chapter, in 4 addition to all other remedies, it may order the person to 5 immediately cease and desist from engaging in the conduct. If the 6 person is practicing dietetics without being licensed under this 7 chapter the department also may apply to an administrative law 8 judge for a temporary restraining order prohibiting the unlawful 9 practice. The administrative law judge may issue a temporary 10 restraining order ex parte and the department is not required to: 11 (1) post a bond; 12 (2) establish the absence of an adequate remedy at law; or 13 (3) establish that irreparable damage would result from the 14 continued violation. 15 The director nor any other employee of the department may be 16 held liable for damages resulting from a wrongful temporary 17 restraining order. 18 (B) In accordance with the South Carolina Rules of Civil 19 Procedure, the director also may seek from an administrative law 20 judge other equitable relief to enjoin the violation or intended 21 violation of this chapter or a regulation promulgated under this 22 chapter. 23 24 Section 40-47-945. The director may take disciplinary action 25 against a person who: 26 (1) used a false, fraudulent or forged statement of document or 27 committed a fraudulent, deceitful or dishonest act in 28 (2) applying for licensure under this chapter; 29 has had his license to practice dietetics from another state or 30 jurisdiction canceled, revoked, suspended or otherwise restricted; 31 (3) has violated a provision of this chapter, a regulation 32 promulgated under this chapter, or an order of the department or 33 the disciplinary panel; 34 (4) has intentionally or knowingly, directly or indirectly, aided 35 or abetted in the violation or conspiracy to violate this chapter or a 36 regulation promulgated under this chapter; 37 (5) has intentionally used a fraudulent statement in a document 38 connected to the practice of dietetics or has made false, deceptive 39 or misleading statements in the practice of dietetics or in 40 advertising; 41 (6) has obtained fees or assisted in obtaining fees under 42 intentionally fraudulent circumstances;

1 [304] 10 1 (7) has committed dishonorable, unethical or unprofessional 2 conduct that is likely to deceive, defraud or harm the public; 3 (8) lacks the professional or ethical competence to practice 4 dietetics; 5 (9) has been convicted of or has pled guilty to or nolo 6 contendere to a felony or a crime which directly relates to the 7 practice or ability to practice dietetics; 8 (10) has practiced dietetics while under the influence of alcohol 9 or drugs or uses alcohol or drugs to such a degree as to render him 10 unfit to practice dietetics; or 11 (11) has sustained a physical or mental disability, as determined 12 by a physician, which renders further practice by the licensee 13 dangerous to the public. 14 15 Section 40-47-950. When investigating grounds for taking 16 disciplinary action based upon an alcohol or drug addiction, as 17 provided for in Section 40-47-945 or a physical or mental 18 disability, as provided for in Section 40-47-945, the director upon 19 reasonable grounds may: 20 (1) require an applicant or licensee to submit to a mental or 21 physical examination including a drug test by physicians 22 designated by the director. The result of an examination are 23 admissible in a hearing before the disciplinary panel, 24 notwithstanding a claim of privilege under a contrary rule of law. 25 A person who accepts the privilege of practicing dietetics in this 26 State or who files an application for a license to practice dietetics 27 in this State is deemed to have consented to submit to a mental or 28 physical examination including a drug test and to have waived all 29 objections to the admissibility of the results in a hearing before the 30 disciplinary panel upon the grounds that the results constitute a 31 privileged communication. If an applicant or licensee fails to 32 submit to an examination when requested by the director under this 33 section, unless the failure was due to circumstances beyond the 34 person’s control, the director shall enter an order automatically 35 denying or suspending the license pending compliance and further 36 order of the director. An applicant or licensee who is prohibited 37 from practicing under this subsection must be afforded at 38 reasonable intervals an opportunity to demonstrate to the director 39 the ability to resume or begin the practice of dietetics with 40 reasonable skill and safety to patients; 41 (2) obtain records specifically relating to the mental or physical 42 condition of an applicant or licensee who is the subject of an 43 investigation authorized by item (1) and these records are

1 [304] 11 1 admissible in a hearing before the disciplinary panel, 2 notwithstanding any other provision of law. A person who accepts 3 the privilege of practicing dietetics in this State or who files an 4 application to practice dietetics in this State is deemed to have 5 consented to the disciplinary panel obtaining these records and to 6 have waived all objections to the admissibility of these records 7 constitute a privileged communication. If a licensee or applicant 8 refuses to sign a written consent for the disciplinary panel or 9 director to obtain these records when requested under this section, 10 unless the failure was due to circumstances beyond the person’s 11 control, the director shall enter an order automatically denying or 12 suspending the license pending compliance and further order of the 13 disciplinary panel. An applicant or licensee who is prohibited 14 from practicing dietetics under this section must be afforded at 15 reasonable intervals an opportunity to demonstrate to the director 16 the ability to resume or begin the practice of dietetics with 17 reasonable skill and safety to patients. 18 19 Section 40-47-955. (A) Upon a recommendation by the 20 disciplinary panel that one or more of the grounds for discipline 21 exists, as provided for in Section 40-47-945 the director may: 22 (1) issue a public reprimand; 23 (2) impose a fine not to exceed five hundred dollars; 24 (3) place the licensee on probation, restrict the license, or 25 suspend the license for a definite or indefinite time and prescribe 26 conditions to be met during probation, restriction or suspension, 27 respectively, including, but not limited to, satisfactory completion 28 of additional education, and supervision or continuing education 29 programs as may be specified; or 30 (4) permanently revoke the license. 31 (B) A final order of the department refusing to issue a license 32 to an applicant or of the director disciplining a licensee under this 33 section, except for a private reprimand, is public information. 34 (C) The department may establish a procedure to allow a 35 licensee who has been issued a public reprimand to petition the 36 department for expungement of the reprimand from the licensee’s 37 record. 38 39 Section 40-47-960. A licensee who is under investigation for 40 misconduct as defined in Section 40-47-945 for which the director 41 may take disciplinary action may voluntarily surrender his license 42 to the department. The voluntary surrender invalidates the license 43 at the time of its relinquishment, and no person whose license is

1 [304] 12 1 surrendered voluntarily may practice dietetics until the department 2 reinstates the license. A person practicing dietetics during the 3 period of voluntary license surrender is considered an illegal 4 practitioner and is subject to the penalties provided by this chapter. 5 The surrender of a license may not be considered as an admission 6 of guilt in a proceeding under this chapter. The surrender does not 7 preclude the director from imposing conditions on the acceptance 8 of the proffered surrender and does not preclude the director from 9 taking disciplinary action against the licensee. 10 11 Section 40-47-965. A person aggrieved by an action of the 12 department may appeal the decision to an administrative law judge 13 in accordance with the Administrative Procedures Act. Service of 14 a notice of appeal does not stay the director’s decision pending 15 completion of the appellate process. 16 17 Section 40-47-970. (A) Service of any notice provided for by 18 law upon a nonresidential licensed under this chapter or upon a 19 resident who having been licensed, subsequently becomes a 20 nonresident or after due diligence cannot be found at his usual 21 abode or place of business in this State, may be made by leaving 22 with the director of the department a copy of the notice and any 23 accompanying documents. A copy of the notice, accompanying 24 documents, and a certified copy of the service on the director must 25 be mailed to the licensee at his last known address, return receipt 26 requested. The director shall keep a record of the day of the 27 service of the notice, and the return receipt must be attached to be 28 made a part of the return of service of the notice by the 29 department. 30 (B) A continuance may be given in any hearing under this 31 chapter for which notice is given pursuant to this section so as to 32 afford the licensee a reasonable opportunity to appear and be 33 heard. 34 35 Section 40-47-975. (A) A communication, whether oral or 36 written, made on behalf or on behalf of a person, to the director, an 37 investigator or disciplinary panel on matters relating to the 38 discipline of a licensee, whether by way of complaint or testimony, 39 is privileged and no action or proceeding, civil or criminal, may be 40 brought against the person, by or on whose behalf the 41 communication is made, except upon proof that the 42 communication was made with malice.

1 [304] 13 1 (B) Nothing in this chapter may be construed as prohibiting the 2 respondent or his legal counsel from exercising the respondent’s 3 constitutional right of due process under the law, nor as prohibiting 4 the respondent from normal access to the charges and evidence 5 filed against him as part of due process under the law. 6 (C) Notwithstanding the provisions of this section, a final order 7 of the director disciplining a licensee is public information as 8 provided for in Section 40-47-955. 9 10 Section 40-47-980. (A) It is unlawful for a person not 11 licensed under this article, or whose license has been suspended or 12 revoked by the department: 13 (1) to hold himself or herself out as a dietitian, nutritionist, 14 licensed dietitian or licensed nutritionist, alone or in combination, 15 or use the letters ‘LD,’ ‘LN,’ ‘LDN’ or any facsimile or 16 combination in any words, letter, abbreviations or insignia; 17 (2) present as his own license of another; 18 (3) allow the use of his license by an unlicensed person; 19 (4) give false or forged evidence to the department in 20 obtaining a license under this chapter; 21 (5) falsely impersonate another license holder of like or 22 different name; 23 (6) use or attempt to use a license that has been revoked; or 24 (7) otherwise violate a provision of this chapter. 25 (B) The department may institute civil action in the circuit 26 court, in the name of the State, for injunctive relief against any 27 person violating the provisions of this chapter of the regulations or 28 orders of the department or disciplinary panel. For each violation, 29 the court may, in its discretion, impose a fine of no more than one 30 thousand dollars.” 31 32 SECTION 2. Initial recommendations for appointment to the 33 advisory panel established pursuant to this act must be made 34 within forty-five days after effective date of this act. 35 36 SECTION 3. This act takes effect upon approval of the Governor. 37 ----XX---- 38

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