2007 Oregon Code - Chapter 691 :: Chapter 691 - Dietitians
Chapter 691 —
Dietitians
2007 EDITION
DIETITIANS
OCCUPATIONS AND PROFESSIONS
GENERAL PROVISIONS
691.405Â Â Â Â Definitions
LICENSING
691.415Â Â Â Â License
required
691.425Â Â Â Â Application
for licensing
691.435Â Â Â Â Licensing
requirements; examination
691.445Â Â Â Â Licensing
without examination based on prior practice
691.455Â Â Â Â Licensing
without examination for dietitian licensed in another state
691.465Â Â Â Â License
term; renewal; suspension if renewal not timely; reinstatement; rules; fees;
how determined; continuing education
BOARD
691.485Â Â Â Â Board
of Examiners of Licensed Dietitians; membership; terms; compensation and
expenses
691.495Â Â Â Â Board
meetings
691.505Â Â Â Â Duties
of board
691.515Â Â Â Â Limits
on rules relating to bidding and advertising
DISCIPLINE
691.535Â Â Â Â Grounds
for denial or refusal to renew license or suspension or revocation of licenses
691.545Â Â Â Â Suspension
or revocation if licensee adjudged mentally incompetent
691.555Â Â Â Â Hearing
and judicial review of disciplinary actions
FUNDING
691.565Â Â Â Â Board
of Examiners of Licensed Dietitians Account; disposition of receipts
MISCELLANEOUS
691.580Â Â Â Â Board
duty to investigate complaints
691.585Â Â Â Â Confidential
information; immunity of person providing information
CIVIL PENALTY
691.955Â Â Â Â Civil
penalty
     691.010 [Repealed by 1967 c.587 §1 (subsections (1)
to (5) and (8) to (13) of 691.011 enacted in lieu of 691.010)]
     691.011 [Subsections (1) to (5) and (8) to (13)
enacted as 1967 c.587 §2 (enacted in lieu of 691.010); subsections (6) and (7)
enacted as 1967 c.355 §4; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.020 [Amended by 1967 c.355 §2; 1967 c.587 §§3,
58; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.030 [Repealed by 1967 c.587 §11 (691.055 enacted
in lieu of 691.030)]
     691.040 [Amended by 1967 c.587 §4; repealed by 1977
c.842 §27 and 1977 c.886 §42]
     691.045 [1967 c.355 §5; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.050 [Amended by 1961 c.386 §1; repealed by 1967
c.587 §11 (691.055 enacted in lieu of 691.050)]
     691.052 [1967 c.587 §5; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.055 [1967 c.587 §12 (enacted in lieu of 691.030,
691.050 and 691.080); 1975 c.465 §1; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.060 [Amended by 1953 c.231 §4; 1967 c.587 §15;
1971 c.762 §1; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.070 [Repealed by 1967 c.587 §13 (691.071 enacted
in lieu of 691.070)]
     691.071 [1967 c.587 §14 (enacted in lieu of
691.070); 1973 c.832 §42; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.080 [Repealed by 1967 c.587 §11 (691.055 enacted
in lieu of 691.080)]
     691.085 [1967 c.587 §50; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.090 [Amended by 1967 c.587 §16; repealed by 1977
c.842 §27 and 1977 c.886 §42]
     691.100 [Amended by 1967 c.587 §17; 1975 c.465 §2;
repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.105 [1955 c.155 §2; 1967 c.587 §18; repealed by
1977 c.842 §27 and 1977 c.886 §42]
     691.110 [Amended by 1957 c.194 §1; 1967 c.587 §28;
repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.120 [Amended by 1953 c.231 §4; 1955 c.155 §3;
1961 c.102 §1; 1967 c.587 §6; 1973 c.832 §43; 1977 c.873 §10; repealed by 1977
c.842 §27 and 1977 c.886 §42]
     691.130 [Amended by 1961 c.386 §2; 1967 c.587 §39;
1971 c.762 §3; 1973 c.832 §44; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.140 [Amended by 1967 c.587 §41; repealed by 1971
c.734 §21]
     691.145 [1971 c.734 §148; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.150 [Amended by 1967 c.587 §42; repealed by 1971
c.734 §21]
     691.160 [Amended by 1967 c.587 §9; repealed by 1977
c.842 §27 and 1977 c.886 §42]
     691.170 [Amended by 1953 c.231 §4; 1967 c.587 §10;
1971 c.762 §4; repealed 1977 c.886 §42]
     691.180 [Amended by 1953 c.231 §4; 1955 c.155 §4;
1959 c.29 §1; 1963 c.52 §2; 1967 c.18 §2; 1967 c.587 §7; renumbered 691.300]
     691.190 [1967 c.587 §30 (691.190 enacted in lieu of
691.220); 1971 c.762 §5; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.195 [1967 c.587 §31 (enacted in lieu of
691.220); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.200 [1967 c.587 §32 (enacted in lieu of
691.220); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.205 [1967 c.587 §33 (enacted in lieu of
691.220); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.210 [Repealed by 1967 c.587 §57]
     691.215 [1967 c.587 §34 (enacted in lieu of
691.220); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.220 [Amended by 1955 c.155 §5; 1961 c.386 §3;
repealed by 1967 c.587 §29 (691.190 to 691.215, 691.235 and 691.245 enacted in
lieu of 691.220)]
     691.225 [1961 c.386 §5; 1965 c.184 §1; repealed by
1967 c.587 §37 (691.226 enacted in lieu of 691.225)]
     691.226 [1967 c.587 §38 (enacted in lieu of
691.225); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.230 [Amended by 1953 c.272 §1; 1961 c.386 §6;
1967 c.587 §40; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.235 [1967 c.587 §35 (enacted in lieu of
691.220); 1971 c.762 §6; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.240 [Amended by 1955 c.155 §6; 1967 c.452 §1;
repealed by 1967 c.452 §11 and 1967 c.587 §57]
     691.245 [1967 c.587 §36 (enacted in lieu of
691.220); 1975 c.465 §3; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.248 [1973 c.832 §46; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.250 [Amended by 1957 c.406 §1; 1961 c.42 §1;
1967 c.452 §2; repealed by 1967 c.452 §11 and 1967 c.587 §24]
     691.252 [1967 c.452 §7; 1967 c.587 §19; repealed by
1977 c.842 §27 and 1977 c.886 §42]
     691.260 [Amended by 1957 c.406 §2; 1961 c.42 §2;
1967 c.452 §3; repealed by 1967 c.452 §11 and 1967 c.587 §22 (691.261 enacted
in lieu of 691.260)]
     691.261 [1967 c.452 §8; 1967 c.587 §23 (enacted in
lieu of 691.260); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.270 [Repealed by 1967 c.587 §20 (691.271 enacted
in lieu of 691.270)]
     691.271 [1967 c.587 §21 (enacted in lieu of
691.270); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.275 [1957 c.406 §3; 1961 c.42 §3; repealed by
1967 c.587 §26 (691.276 enacted in lieu of 691.275)]
     691.276 [1967 c.587 §27 (enacted in lieu of
691.275); repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.280 [Amended by 1953 c.231 §4; 1961 c.386 §7;
1967 c.587 §8; renumbered 691.297]
     691.290 [1967 c.452 §10; 1971 c.762 §7; repealed by
1977 c.842 §27 and 1977 c.886 §42]
     691.295 [1967 c.452 §6; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.297 [Formerly 691.280; repealed by 1971 c.762 §8]
     691.300 [Formerly 691.180; 1971 c.762 §9; 1973 c.832
§47; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.310 [Amended by 1967 c.325 §§1, 2; 1967 c.587 §43;
1971 c.753 §32; 1971 c.762 §10; 1973 c.832 §48; repealed by 1977 c.842 §27 and
1977 c.886 §42]
     691.320 [Amended by 1967 c.587 §45; 1971 c.762 §11;
repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.330 [Amended by 1965 c.218 §1; 1967 c.587 §44;
1969 c.314 §92; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.340 [1967 c.587 §46; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.345 [1967 c.587 §48; repealed by 1977 c.842 §27
and 1977 c.886 §42]
     691.350 [Amended by 1961 c.386 §8; 1967 c.587 §49;
1971 c.762 §12; repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.360 [Amended by 1967 c.587 §51; 1971 c.762 §13;
repealed by 1977 c.842 §27 and 1977 c.886 §42]
     691.370 [Amended by 1967 c.587 §47; repealed by 1977
c.842 §27 and 1977 c.886 §42]
GENERAL
PROVISIONS
     691.405
Definitions. As used in ORS
691.405 to 691.585:
     (1) “American Dietetic Association” means
the national professional organization of dietitians that provides direction
and leadership for quality dietetic practice, education and research.
     (2) “Board” means the Board of Examiners
of Licensed Dietitians established under ORS 691.485.
     (3) “Commission on Dietetic Registration”
means the commission on dietetic registration that is a member of the National
Commission for Certifying Agencies.
     (4) “Department” means the Department of
Human Services.
     (5) “Dietetics practice” means the
integration and application of principles derived from the sciences of
nutrition, biochemistry, food, management, physiology and behavioral and social
sciences to achieve and maintain the health of people through:
     (a) Assessing the nutritional needs of
clients;
     (b) Establishing priorities, goals and
objectives that meet nutritional needs of clients;
     (c) Advising and assisting individuals or
groups on appropriate nutritional intake by integrating information from a
nutritional assessment with information on food and other sources of nutrients
and meal preparation; and
     (d) Evaluating, making changes in and
maintaining appropriate standards of quality in food and nutrition services.
     (6) “Licensed dietitian” means a dietitian
licensed as provided in ORS 691.435. [1989 c.487 §1; 2001 c.900 §216; 2007 c.71
§225]
LICENSING
     691.415
License required. On or
after the date stated in the administrative rules adopted by the Board of
Examiners of Licensed Dietitians, no person who is not licensed under ORS
691.435 shall practice or attempt to practice as a licensed dietitian using in
connection with the name of the person the words or letters “L.D.,” or “Licensed
Dietitian.” [1989 c.487 §2]
     691.425
Application for licensing.
Any person desiring to be a licensed dietitian shall apply in writing to the
Board of Examiners of Licensed Dietitians in the form and manner provided by
the board. Each application shall include or be accompanied by evidence,
satisfactory to the board, that the applicant possesses the qualifications
prescribed by ORS 691.435, 691.445 or 691.455. [1989 c.487 §3; 2005 c.21 §10]
     691.435
Licensing requirements; examination. An applicant shall be granted a license as a dietitian if the person
has:
     (1) Filed an application and paid the
required application fee;
     (2) Received a baccalaureate or
post-baccalaureate degree from a regionally accredited college or university in
the United States with a major course of study in human nutrition, dietetics,
foods and nutrition or food systems management approved by the Board of
Examiners of Licensed Dietitians as meeting the standards for approval of the
course of study under ORS 691.405 to 691.585;
     (3) Demonstrated knowledge of the Code of
Ethics of the Dietetic Profession; and either
     (4) Satisfactorily completed continuing
education requirements established by the board; or
     (5) Completed a planned, continuous
program of dietetic experience approved by the board of 900 hours under the
supervision of a licensed dietitian; and
     (6) Passed an examination prescribed by
the board. [1989 c.487 §4]
     691.445
Licensing without examination based on prior practice. The Board of Examiners of Licensed
Dietitians may waive the examination requirement and grant a license to an
applicant for a license as a dietitian who:
     (1) Presents satisfactory evidence to the
board of current registration as a dietitian with the Commission on Dietetic
Registration;
     (2) Was a practicing dietitian before 1990
and has been employed in the practice of dietetics for at least three of the 10
years prior to October 3, 1989; or
     (3) At the time of application, received a
doctorate degree in nutrition, dietetics or related physical sciences under a
curriculum approved by the board and been involved in dietetics through
practice, teaching or research related to nutrition care. [1989 c.487 §5]
     691.455
Licensing without examination for dietitian licensed in another state. The Board of Examiners of Licensed
Dietitians may license as a dietitian without examination any person who:
     (1) On the date the person applies as a
licensed dietitian, is licensed under the laws of any other state or territory
of the United States, if the requirements for licensure of dietitians in the state
or territory in which the applicant is licensed are not less than those
required by ORS 691.405 to 691.585; and
     (2) Applies for the license as provided in
ORS 691.435. [1989 c.487 §6]
     691.465
License term; renewal; suspension if renewal not timely; reinstatement; rules;
fees; how determined; continuing education. (1) The Board of Examiners of Licensed Dietitians shall issue a
license with a duration of not more than two years to each person approved to
be licensed. The license shall be prima facie evidence of the right of the
person to whom it is issued to represent the person as a licensed dietitian
subject to the provisions of ORS 691.405 to 691.585.
     (2) Each licensed dietitian shall apply to
the board for a renewal of the license at least 30 days before the expiration
date. Licenses shall expire on October 31 of odd-numbered years or on such date
as may be specified by board rule. Each applicant for renewal shall submit the
required fee and present evidence of completion of at least 30 hours of continuing
education or present evidence of the minimum continuing education requirements
of the American Dietetic Association. Any license that is not renewed by the
expiration date shall be automatically suspended. The board may reinstate a
suspended license upon payment of a nonrefundable penalty fee and all past
unpaid renewal fees.
     (3) The license fee shall be one-half the
two-year fee if the license is issued for 12 months or less.
     (4) A license that has been suspended by
reason of nonpayment of fees for a period of two years or more shall be renewed
upon reapplication and payment of all applicable fees.
     (5) Subject to prior approval of the
Oregon Department of Administrative Services and a report to the Emergency
Board prior to adopting the fees and charges, the fees and charges established
under this section shall not exceed the cost of administering the regulatory
program for which the fee or charge is established, as authorized by the
Legislative Assembly within the boardÂ’s budget to implement ORS 691.405 to
691.585, as the budget may be modified by the Emergency Board. [1989 c.487 §7;
1991 c.77 §1; 1991 c.703 §34; 1993 c.10 §1; 2007 c.768 §52]
BOARD
     691.485
Board of Examiners of Licensed Dietitians; membership; terms; compensation and
expenses. (1) There is
established a Board of Examiners of Licensed Dietitians within the Department
of Human Services for the purpose of carrying out and enforcing the provisions
of ORS 691.405 to 691.585.
     (2) The board shall consist of seven
members appointed by the department of which:
     (a) Two are members of the general public;
     (b) One is a physician trained in clinical
nutrition; and
     (c) Four are dietitians licensed under ORS
691.405 to 691.585 who have been engaged in the practice of dietetics for no
fewer than five years.
     (3) Members of the board shall be
appointed for three-year terms and are eligible for reappointment, but none
shall serve more than two consecutive terms.
     (4) Members of the board are entitled to
compensation and expenses as provided in ORS 292.495. [1989 c.487 §8]
     691.495
Board meetings. (1) The
Board of Examiners of Licensed Dietitians shall hold at least two regular
meetings each year as provided by rules adopted by the board.
     (2) The board shall keep a record of all
its proceedings under ORS 691.405 to 691.585.
     (3) A quorum of four members of the board
must be present to conduct the business of the meeting. [1989 c.487 §9]
     691.505
Duties of board. The Board
of Examiners of Licensed Dietitians shall:
     (1) Hire and prescribe the duties of an
executive secretary who shall serve at the direction of the board.
     (2) Determine the qualifications and
fitness of applicants for licensure, renewal of license and reciprocal
licenses.
     (3) Subject to the provisions of ORS
chapter 183, adopt rules that are necessary to conduct its business, carry out
its duties and administer ORS 691.405 to 691.585.
     (4) Examine, approve, issue, deny, revoke,
suspend and renew licenses of dietitian applicants and licensees under ORS
691.405 to 691.585 and conduct hearings in connection with these actions.
     (5) Maintain a public record of every
dietitian licensed in this state including places of business, residence and
the date and number of their license.
     (6) Establish standards of professional
responsibility and practice for persons licensed under ORS 691.405 to 691.585
that are consistent with those standards of professional responsibility and
practice adopted by the American Dietetic Association.
     (7) Select a licensing examination offered
by the Commission on Dietetic Registration or other examination.
     (8) Establish continuing education
requirements for renewal of a license consistent with the requirements adopted
by the Commission on Dietetic Registration.
     (9) Establish additional educational
requirements for applicants for the previous five years of licensure.
     (10) Conduct hearings on complaints
concerning violations of ORS 691.405 to 691.585 and the rules adopted under ORS
691.405 to 691.585.
     (11) Provide for examinations or waiver of
examination for applicants.
     (12) Establish examination and licensing
fees.
     (13) Request and receive the assistance of
state educational institutions or other state agencies.
     (14) Prepare information of consumer
interest describing the regulatory functions of the board and describing the
procedures by which consumer complaints are filed with and resolved by the
board. The board shall make the information available to the general public and
appropriate state agencies. [1989 c.487 §10]
     691.515
Limits on rules relating to bidding and advertising. Nothing in ORS 691.505 authorizes the Board
of Examiners of Licensed Dietitians to adopt rules restricting competitive
bidding or advertising by licensees except to prohibit false, misleading or
deceptive practices. [1989 c.487 §11]
DISCIPLINE
     691.535
Grounds for denial or refusal to renew license or suspension or revocation of
licenses. The Board of
Examiners of Licensed Dietitians may deny or refuse to renew a licensee or may
suspend or revoke a license or may impose probationary conditions where the
licensee or applicant has been guilty of:
     (1) Unprofessional conduct as defined by
the standards of practice established by the board;
     (2) Obtaining or attempting to obtain a
license by fraud, misrepresentation or concealment of material facts;
     (3) Violating any lawful order or rule
adopted by the board which may affect the health, welfare or safety of the
public; or
     (4) Gross negligence or incompetence in
the performance of professional duties. [1989 c.487 §12]
     691.545
Suspension or revocation if licensee adjudged mentally incompetent. The Board of Examiners of Licensed
Dietitians may suspend or revoke the license of any person licensed under ORS
691.405 to 691.585 if the licensee has been adjudged mentally incompetent by a
court of competent jurisdiction. [1989 c.487 §13]
     691.555
Hearing and judicial review of disciplinary actions. (1) When the Board of Examiners of Licensed
Dietitians proposes to refuse to issue or renew a license, or proposes to
revoke or suspend a license, opportunity for hearing shall be accorded as
provided in ORS chapter 183.
     (2) Judicial review of orders under
subsection (1) of this section shall be in accordance with ORS chapter 183. [1989
c.487 §14; 1995 c.79 §349]
FUNDING
     691.565
Board of Examiners of Licensed Dietitians Account; disposition of receipts. (1) The Board of Examiners of Licensed
Dietitians Account is established in the State Treasury, separate and distinct
from the General Fund. All moneys received by the Board of Examiners of
Licensed Dietitians under ORS 691.405 to 691.585 shall be deposited into the
account and are continuously appropriated to the board to be used only for the
administration and enforcement of ORS 691.405 to 691.585. Any interest or other
income from moneys in the account shall be credited to the account.
     (2) All fines collected or received for
violations of or prosecutions under ORS 691.405 to 691.585 shall be paid into
the account and used only for the administration and enforcement of ORS 691.405
to 691.585. [1989 c.487 §15; 2005 c.726 §5]
MISCELLANEOUS
     691.580
Board duty to investigate complaints. Upon receipt of a complaint under ORS 691.405 to 691.585, the Board of
Examiners of Licensed Dietitians shall conduct an investigation as described
under ORS 676.165. [1997 c.791 §51]
     691.585
Confidential information; immunity of person providing information. (1) Any information that the Board of
Examiners of Licensed Dietitians obtains pursuant to ORS 691.535 or 691.545 is
confidential as provided under ORS 676.175.
     (2) Any person who in good faith provides
information to the board pursuant to ORS 691.535 shall not be subject to an
action for civil damages as a result thereof. [1989 c.487 §14a; 1997 c.791 §52]
CIVIL PENALTY
     691.955
Civil penalty. (1) Violation
of any provision of ORS 691.415 to 691.545 is punishable by a civil penalty of
not less than $100 nor more than $500.
     (2) The Attorney General shall bring an
action in the name of the State of
     691.990 [Amended by 1967 c.587 §52; repealed by 1977
c.842 §27 and 1977 c.886 §42]
_______________
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