2009 Oregon Code :: Chapter 691 — Dietitians

Chapter 691 — Dietitians

 

2009 EDITION

 

 

DIETITIANS

 

OCCUPATIONS AND PROFESSIONS

 

GENERAL PROVISIONS

 

691.405     Definitions

 

LICENSING

 

691.415     License required

 

691.425     Application for licensing

 

691.435     Licensing requirements; examination

 

691.445     Licensing without examination based on prior practice

 

691.455     Licensing without examination for dietitian licensed in another state

 

691.465     License term; renewal; suspension if renewal not timely; reinstatement; rules; fees; how determined; continuing education

 

BOARD

 

691.485     Board of Examiners of Licensed Dietitians

 

691.495     Board meetings

 

691.505     Duties of board

 

691.515     Limits on rules relating to bidding and advertising

 

DISCIPLINE

 

691.535     Grounds for denial or refusal to renew license or suspension or revocation of licenses

 

691.545     Suspension or revocation if licensee adjudged mentally incompetent

 

691.555     Hearing and judicial review of disciplinary actions

 

FUNDING

 

691.565     Board of Examiners of Licensed Dietitians Account; disposition of receipts

 

MISCELLANEOUS

 

691.575     Duty to report prohibited conduct

 

691.580     Board duty to investigate complaints

 

691.585     Confidential information; immunity of person providing information

 

CIVIL PENALTY

 

691.955     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691.010 [Repealed by 1967 c.587 §1 (subsections (1) to (5) and (8) to (13) of 691.011 enacted in lieu of 691.010)]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(8) to (13) enacted as 1967 c.587 §2 (enacted in lieu of 691.010); subsections (6) and (7) enacted as 1967 c.355 §4; repealed by 1977 c.842 §27 and 1977 c.886 §42]

 

      691.020 [Amended by 1967 c.355 §2; 1967 c.587 §§3, 58; repealed by 1977 c.842 §27 and 1977 c.886 §42]

 

      691.030 [Repealed by 1967 c.587 §11 (691.055 enacted in lieu of 691.030)]

 

      691.040 [Amended by 1967 c.587 §4; repealed by 1977 c.842 §27 and 1977 c.886 §42]

 

      691.045 [1967 c.355 §5; repealed by 1977 c.842 §27 and 1977 c.886 §42]

 

      691.050 [Amended by 1961 c.386 §1; repealed by 1967 c.587 §11 (691.055 enacted in lieu of 691.050)]

 

      691.052 [1967 c.587 §5; repealed by 1977 c.842 §27 and 1977 c.886 §42]

 

      691.055 [1967 c.587 §12 (enacted in lieu of 691.030, 691.050 and 691.080); 1975 c.465 §1; repealed by 1977 c.842 §27 and 1977 c.886 §42]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) “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.

      (5) “Licensed dietitian” means a dietitian licensed as provided in ORS 691.435. [1989 c.487 §1; 2001 c.900 §216; 2007 c.71 §225; 2009 c.595 §1108; 2009 c.828 §43]

 

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 for a license issued for a period of less than 24 months shall be prorated on a monthly basis to reflect the shorter licensing period.

      (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 board’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; 2009 c.42 §1]

 

BOARD

 

      691.485 Board of Examiners of Licensed Dietitians. (1) There is established a Board of Examiners of Licensed Dietitians for the purpose of carrying out and enforcing the provisions of ORS 691.405 to 691.585. The board consists of seven members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board:

      (a) Two must be members of the general public who are not otherwise qualified for membership on the board and who are not a spouse, domestic partner, child, parent or sibling of a licensed dietitian;

      (b) One must be a physician trained in clinical nutrition; and

      (c) Four must be licensed dietitians who have been engaged in the practice of dietetics for no fewer than five years.

      (2)(a) Board members required to be licensed dietitians may be selected by the Governor from a list of three to five nominees for each vacancy, submitted by a professional organization representing dietitians.

      (b) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to:

      (A) Geographic areas of this state; and

      (B) Ethnic group.

      (3) The term of office of each member is three years, but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. A member is eligible for reappointment. If there is a vacancy on the board for any reason, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. [1989 c.487 §8; 2009 c.535 §31; 2009 c.756 §81]

 

      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) Determine the qualifications and fitness of applicants for licensure, renewal of license and reciprocal licenses.

      (2) 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.

      (3) 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.

      (4) Maintain a public record of every dietitian licensed in this state including places of business, residence and the date and number of their license.

      (5) 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.

      (6) Select a licensing examination offered by the Commission on Dietetic Registration or other examination.

      (7) Establish continuing education requirements for renewal of a license consistent with the requirements adopted by the Commission on Dietetic Registration.

      (8) Establish additional educational requirements for applicants for the previous five years of licensure.

      (9) Conduct hearings on complaints concerning violations of ORS 691.405 to 691.585 and the rules adopted under ORS 691.405 to 691.585.

      (10) Provide for examinations or waiver of examination for applicants.

      (11) Establish examination and licensing fees.

      (12) Request and receive the assistance of state educational institutions or other state agencies.

      (13) 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; 2009 c.756 §82]

 

      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 license or may suspend or revoke a license or may impose probationary conditions where the licensee or applicant has:

      (1) Committed unprofessional conduct as defined by the standards of practice established by the board;

      (2) Obtained or attempted to obtain a license by fraud, misrepresentation or concealment of material facts;

      (3) Violated any lawful order or rule adopted by the board which may affect the health, welfare or safety of the public;

      (4) Committed gross negligence or incompetence in the performance of professional duties; or

      (5) An impairment as defined in ORS 676.303. [1989 c.487 §12; 2009 c.756 §83]

 

      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

 

      691.575 Duty to report prohibited conduct. Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensed dietitian who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. [2009 c.536 §9]

 

      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 Oregon in a court of appropriate jurisdiction to enforce any civil penalty imposed under this section. [1989 c.487 §16]

 

      691.990 [Amended by 1967 c.587 §52; repealed by 1977 c.842 §27 and 1977 c.886 §42]

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