AN ACT Relating to dietetics; adding a new chapter to Title 18 RCW; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. This chapter shall be known and may be cited as the "dietetic services registration act."

NEW SECTION. Sec. 2. There is a growing awareness that the maintenance of health is related to one's diet. While that awareness has long been in existence with reference to people's regaining health, the attention of the healthy public on their food intake has been underscored by a number of reliable sources within the health care sector. Similarly, members of the public who are desirous of increasing their physical fitness or bringing their weight within more desirable parameters, have focused their attention on their diet. Therefore, in order to safeguard the public health, the legislature has deemed it desirable to place under regulation both those who hold themselves out to the public as experts in the area of dietetics and those who seek to provide information to the public for a fee regarding diet.

The legislature does not wish to place itself in the position of endorsing any particular theory of dietetics nor any particular sources of dietetic information. It does seek to provide the public with safeguards against: (1) Sharp commercial practices in the dietetics industry, and (2) the providing of dietetic advice for a fee when that advice is completely unfounded and dangerous.

NEW SECTION. Sec. 3. As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "Dietetics" means the regular providing of information to the public for a fee regarding their diet.

(2) "Registrant" means any person registered to practice under this chapter.

(3) "Person" means any individual, partnership, unincorporated organization, or corporate body.

(4) "Department" means the department of licensing.

(5) "Director" means the director of licensing.

NEW SECTION. Sec. 4. No person may practice dietetics or hold himself or herself out to the public as providing dietetic services unless registered in accordance with this chapter. A person who violates this section is guilty of a misdemeanor and may be punished as provided by law.

NEW SECTION. Sec. 5. This chapter shall not be construed as preventing or restricting the practice, services, or activities of:

(1) A person licensed or certified under any other state statute so long as that person is engaged in the profession or occupation for which licensed or certified;

(2) A person employed by any branch of the United States, state, or local government including school districts;

(3) A person employed by a health care facility licensed by the state of Washington;

(4) A person who practices dietetics principally through journalistic outlets including the electronic and print media;

(5) A person who practices dietetics principally through public lectures for no more than twenty-five days a year; and

(6) A person who practices dietetics under the supervision of a registered dietitian when the latter assumes complete responsibility for the professional conduct of such person; and the unregistered person is subject to discipline under section 8 of this act as though registered.

NEW SECTION. Sec. 6. (1) An applicant applies for registration by filing written applications and forms provided by the department and supplying all information that the director reasonably concludes is necessary to enforce the provisions of this chapter.

(2) The director shall confer registration on a person upon payment of the prescribed registration fee and issue a certificate of registration which shall be posted in a conspicuous location at the registrant's work site.

(3) The director may by regulation prescribe that those registrants practicing dietetics pursuant to section 5(6) of this act, disclose to the public their qualifications to render dietary advice.

NEW SECTION. Sec. 7. (1) Registration conferred under this chapter shall be renewed at the time and in the manner determined by the director and with the payment of a renewal fee.

(2) The director shall set and publish registration and other fees pursuant to RCW 43.24.086.

NEW SECTION. Sec. 8. The director may deny or refuse to renew registration, may suspend or revoke registration, or may impose probationary conditions in accordance with the uniform disciplinary act, chapter 18.130 RCW.

NEW SECTION. Sec. 9. (1) The director shall have such rule-making authority as is necessary to implement this chapter.

(2) The director may seek injunctive relief to enjoin violations of this chapter.

NEW SECTION. Sec. 10. Nothing in this chapter shall affect the provisions of chapter 19.86 RCW or any other remedies available to the state or public with reference to redressing injuries or damages suffered by anyone practicing dietetics.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 12. There is appropriated from the general fund to the department of licensing for the biennium ending June 30, 1987, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.