AN ACT Relating to certification of dietitians and nutritionists; 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. (1) "Dietetics" is the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences in counseling people to achieve and maintain health. Unique functions of dietetics include, but are not limited to:

(a) Assessing individual and community food practices and nutritional status using anthropometric, biochemical, clinical, dietary, and demographic data for clinical, research, and program planning purposes;

(b) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;

(d) Developing, implementing, managing, and evaluating nutrition care systems; and

(e) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.

(2) "General nutrition services" means the counseling and/or educating of groups or individuals in the selection of food to meet normal nutritional needs for health maintenance, which includes, but is not restricted to:

(a) Assessing the nutritional needs of individuals and groups by planning, organizing, coordinating, and evaluating the nutrition components of community health care services;

(b) Supervising, administering, or teaching normal nutrition in colleges, universities, clinics, group care homes, nursing homes, hospitals, private industry, and group meetings.

(3) "Dietitian" means any person certified to practice dietetics under this chapter.

(4) "Nutritionist" means any person certified to provide general nutrition services under this chapter.

(5) "Registered dietitian" means a person registered by the commission on dietetic registration which is a member of the national commission for health certifying agencies.

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

(7) "Director" means the director of licensing or the director's designee.

NEW SECTION. Sec. 2. (1) No persons shall represent themselves as dietitians or nutritionists unless certified as provided for in this chapter.

(2) Persons represent themselves as dietitians or nutritionists when any title or any description of services is used which incorporates one or more of the following items or designations: "Dietitian," "dietician," "nutritionist," "D.," "C.D.," or "C.N."

(3) The director may by rule proscribe or regulate advertising and other forms of patient solicitation which are likely to mislead or deceive the public as to whether someone is certified under this chapter.

NEW SECTION. Sec. 3. Nothing in this chapter shall be construed to prohibit or restrict:

(1) The practice of a profession by individuals who are licensed, certified, or registered under other laws of this state who are performing services within their authorized scope of practice;

(2) The practice of dietetics by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed for him or her by the laws and regulations of the United States;

(3) A person pursuing a course of study in dietetics/nutrition at a regionally accredited college or university, and if the person is designated by a title that clearly indicates his/her status as a student, trainee, technician, or intern;

(4) A person fulfilling the supervised fieldwork experience requirements of section 4 of this act, if the activities and services constitute a part of the experience necessary to meet the requirements of section 4 of this act;

(5) A person practicing dietetics or providing general nutrition services if not performed for more than thirty days, and if:

(a) The person is licensed or certified under the laws of another state which has certification or licensure requirements at least as stringent as the requirements of this chapter, as determined by the director; or

(b) The person has met the qualifications for the practice of dietetics or the provision of general nutrition services as described in section 4 of this act.

NEW SECTION. Sec. 4. (1) An applicant applying for certification as a dietitian or nutritionist shall file a written application on a form or forms provided by the director setting forth under affidavit such information as the director may require, and proof that the candidate has met qualifications set forth below in subsection (2) or (3) of this section.

(2) Any person seeking certification as a "dietitian" shall meet the following qualifications:

(a) Be eighteen years of age or older;

(b) Has satisfactorily completed a major course of study in human nutrition, foods and nutrition, dietetics, or food systems management, and has received a baccalaureate or higher degree from a college or university accredited by the Western association of schools and colleges or a similar accreditation agency;

(c) Demonstrates evidence of having successfully completed a planned continuous preprofessional experience in dietetic practice of not less than nine hundred hours under the supervision of a certified dietitian or a registered dietitian or demonstrates completion of a coordinated undergraduate program in dietetics, both of which meet the training criteria established by the director;

(d) Has satisfactorily completed an examination for dietitians administered by a public or private agency or institution recognized by the director as qualified to administer the examination; and

(e) Has satisfactorily completed courses of continuing education as currently established by the director.

(3) An individual may be certified if he or she provides evidence of current registration as a registered dietitian by the commission on dietetic registration.

(4) Any person seeking certification as a "nutritionist" shall meet the following qualifications:

(a) Possess the qualifications required to be a certified dietitian; or

(b) Has received a master's degree or doctorate degree in human nutrition, nutrition education, foods and nutrition, or public health nutrition from a college or university accredited by the Western association of schools and colleges or a similar accrediting agency.

NEW SECTION. Sec. 5. (1) If the applicant meets the qualifications as outlined in section 4(2) of this act, the director shall confer on such candidates the title certified dietitian.

(2) If the applicant meets the qualifications as outlined in section 4(4) of this act, the director shall confer on such candidates the title certified nutritionist.

(3) The application fee in an amount determined by the director shall accompany the application for certification as a dietitian or nutritionist.

NEW SECTION. Sec. 6. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of certificates and the disciplining of certificate holders under this chapter. The director shall be the disciplining authority under this chapter.

NEW SECTION. Sec. 7. The director may certify a person applying for the title "dietitian" without examination if such person is licensed or certified as a dietitian in another jurisdiction and if, in the director's judgment, the requirements of that jurisdiction are equivalent to or greater than those of Washington state.

NEW SECTION. Sec. 8. (1) Every person certified as a dietitian or nutritionist shall pay an annual renewal registration fee determined by the director on or before the certificate holder's birth anniversary date. The certificate of the person shall be renewed for a period of one year or longer at the discretion of the director.

(2) Any failure to register and pay the annual renewal registration fee shall render the certificate invalid. The certificate shall be reinstated upon: (a) Written application to the director; (b) payment to the state of a penalty fee determined by the director; and (c) payment to the state of all delinquent annual certificate renewal fees.

(3) Any person who fails to renew his or her certification for a period of three years shall not be entitled to renew such certification under this section. Such person, in order to obtain a certification as a dietitian or nutritionist in this state, shall file a new application under this chapter, along with the required fee, and shall meet all requirements as the director provides.

(4) All fees collected under this section shall be credited to the health professions account as required.

NEW SECTION. Sec. 9. It is a misdemeanor for any person not meeting the criteria of section 4 of this act, to use, in connection with his or her name or place of business, the word "dietitian," "dietician," "nutritionist," or the letters "D.," "C.D.," "C.N.," or any other words, letters, abbreviations, or insignia indicating or implying that the person is a dietitian or nutritionist, or to represent, in any way, orally, in writing, in print or by signature, directly or by implication, that he or she is a dietitian or nutritionist.

NEW SECTION. Sec. 10. (1) There is created a state dietitian/nutritionist advisory committee consisting of five members appointed by the director who shall advise the director concerning the administration of this chapter. Three members of the committee shall be dietitians who have been engaged in the practice of dietetics for at least five years immediately preceding their appointments. These three committee members shall at all times be certified under this chapter, except for the initial members of the committee, all of whom shall fulfill the requirements for certification under this chapter. The fourth member of the committee shall be a nutritionist who has been engaged in the provision of general nutrition services for at least five years immediately preceding his or her appointment. This committee member shall at all times be certified under this chapter, except for the initial member of the committee, who shall fulfill the requirements for certification under this chapter. The remaining member of the committee shall be a member of the public with an interest in the rights of consumers of health services, but who does not have any financial interest in the rendering of health services.

(2) The term of office for committee members is four years and the appointment date for committee members is January 1. The terms of the first committee members however, shall be staggered to ensure an orderly succession of new committee members thereafter. Any committee member may be removed for just cause. The director may appoint a new member to fill any vacancy on the committee for the remainder of the unexpired term. No committee member may serve more than two consecutive terms whether full or partial.

(3) Committee members shall be entitled to be compensated in accordance with RCW 43.03.240 and to be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(4) The committee shall have the authority to annually elect a chairperson and vice-chairperson to direct the meetings of the committee. The committee shall meet at least once each year, and may hold additional meetings as called by the director or the chairperson. Three members of the committee shall constitute a quorum of the committee.

(5) Members of the committee and the director acting on their behalf are immune from suit in any action, civil or criminal, based on any certification or disciplinary proceedings or other official acts performed in the course of their duties.

NEW SECTION. Sec. 11. There is appropriated from the health professions account of the .......... fund to the department of licensing for the biennium ending June 30, 1989, the sum of .......... dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 12. Sections 1 through 10 of this act shall constitute a new chapter in Title 18 RCW.