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2005 Texas Occupations Code CHAPTER 701. DIETITIANS
OCCUPATIONS CODE SUBTITLE M. REGULATION OF OTHER HEALTH PROFESSIONS CHAPTER 701. DIETITIANS SUBCHAPTER A. GENERAL PROVISIONS § 701.001. SHORT TITLE. This chapter may be cited as the Licensed Dietitian Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.002. DEFINITIONS. In this chapter: (1) "Commissioner" means the commissioner of state health services. (2) "Department" means the Department of State Health Services. (3) "Dietetics" means the professional discipline of applying and integrating scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences under different health, social, cultural, physical, psychological, and economic conditions for the proper nourishment, care, and education of an individual or group throughout the life cycle to achieve and maintain human health. The term includes the development, management, and provision of nutrition services. (4) "Dietitians board" means the Texas State Board of Examiners of Dietitians. (5) "Licensed dietitian" means a person licensed under this chapter. (6) "Nutrition assessment" means evaluating the nutritional needs of an individual or group based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake, including enteral and parenteral nutrition. (7) "Nutrition counseling" means advising and assisting an individual or group on appropriate nutritional intake by integrating information from a nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status. (8) "Nutrition services" means: (A) assessing the nutritional needs of an individual or group and determining constraints and resources in the practice; (B) establishing priorities and goals that meet nutritional needs and are consistent with constraints and available resources; (C) providing nutrition counseling in health and disease; (D) developing, implementing, and managing nutritional care systems; or (E) evaluating, changing, and maintaining appropriate quality standards in food and nutritional care services. (9) "Provisional licensed dietitian" means a person provisionally licensed under this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 1, eff. Sept. 1, 2005. § 701.003. APPLICATION OF SUNSET ACT. The Texas State Board of Examiners of Dietitians is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished September 1, 2017. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 2, eff. Sept. 1, 2005.SUBCHAPTER B. TEXAS STATE BOARD OF EXAMINERS OF DIETITIANS § 701.051. DIETITIANS BOARD MEMBERSHIP. (a) The Texas State Board of Examiners of Dietitians consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) six licensed dietitian members, each of whom has been licensed under this chapter for not less than three years before the member's date of appointment; and (2) three members who represent the public. (b) In appointing dietitian members to the dietitians board, the governor shall attempt to maintain balanced representation among the following primary areas of expertise included in the professional discipline of dietetics: (1) clinical; (2) educational; (3) management; (4) consultation; and (5) community. (c) Appointments to the dietitians board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the dietitians board if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of dietetics; (2) is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the board; (3) owns or controls directly or indirectly more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the board; or (4) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (b) A person may not be a dietitians board member and may not be an employee of the department employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of dietetics; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of dietetics. (c) A person may not be a member of the dietitians board or act as the general counsel to the board or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 3, eff. Sept. 1, 2005. § 701.054. TERMS. Members of the dietitians board serve staggered six-year terms. The terms of two members begin on September 1 of each odd-numbered year. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.055. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the dietitians board that a member: (1) does not have at the time of taking office the qualifications required by Section 701.051(a); (2) does not maintain during service on the board the qualifications required by Section 701.051(a); (3) is ineligible for membership under Section 701.052 or 701.053; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board. (b) The validity of an action of the dietitians board is not affected by the fact that it is taken when a ground for removal of a member of the board exists. (c) If the executive secretary has knowledge that a potential ground for removal exists, the executive secretary shall notify the presiding officer of the dietitians board of the ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive secretary shall notify the assistant presiding officer, who shall then notify the governor and the attorney general that a potential ground for removal exists. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 4, eff. Sept. 1, 2005. § 701.056. REIMBURSEMENT. (a) Repealed by Acts 2005, 79th Leg., ch. 147, § 28. (b) A member is entitled to reimbursement for travel expenses as provided by the General Appropriations Act. (c) A member may not receive a fixed salary for services. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 5, 6, 28, eff. Sept. 1, 2005. § 701.057. OFFICERS. (a) The governor shall designate a member of the dietitians board as the presiding officer of the board to serve in that capacity at the pleasure of the governor. (b) Not later than the 30th day after the date the governor appoints new board members, the dietitians board shall meet to elect an assistant presiding officer, who holds office according to board rules. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 7, eff. Sept. 1, 2005. § 701.058. MEETINGS. The dietitians board shall hold at least two regular meetings each year as provided by board rules. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.059. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the dietitians board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. (b) The training program must provide the person with information regarding: (1) this chapter and the dietitians board's programs, functions, rules, and budget; (2) the results of the most recent formal audit of the board; (3) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts-of-interest; and (4) any applicable ethics policies adopted by the board or the Texas Ethics Commission. (c) A person appointed to the dietitians board is entitled to reimbursement, as provided by the General Appropriations Act, for travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. (d) Repealed by Acts 2005, 79th Leg., ch. 147, § 28. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 8, 28, eff. Sept. 1, 2005.SUBCHAPTER C. EXECUTIVE SECRETARY AND PERSONNEL § 701.101. EXECUTIVE SECRETARY. The commissioner shall designate a department employee to serve as executive secretary of the dietitians board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.102. EXECUTIVE SECRETARY POWERS AND DUTIES. In addition to performing other duties prescribed by this chapter and by the department, the executive secretary of the dietitians board shall: (1) administer licensing activities for the board; (2) keep full and accurate minutes of the board's transactions and proceedings; (3) serve as custodian of the board's files and records; (4) prepare and recommend to the board plans and procedures necessary to implement the purposes and objectives of this chapter, including rules and proposals on administrative procedures; (5) exercise general supervision over persons employed by the department in the administration of this chapter; (6) investigate complaints and present formal complaints; (7) attend all board meetings as a nonvoting participant; (8) handle the board's correspondence; and (9) obtain, assemble, or prepare reports and other information as directed or authorized by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.103. PERSONNEL AND FACILITIES. (a) Department personnel shall administer this chapter as agents of the dietitians board. (b) If necessary to administer this chapter, the department by agreement may: (1) obtain and provide compensation for services; and (2) employ professional consultants, technical assistants, or other persons on a full-time or part-time basis. (c) Department facilities shall be used as necessary to administer this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.104. DIVISION OF RESPONSIBILITIES. The dietitians board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive secretary and the staff of the department. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 9, eff. Sept. 1, 2005. § 701.105. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The dietitians board shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter; and (2) responsibilities under applicable laws relating to standards of conduct for state officers or employees. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive secretary or the executive secretary's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel, that are in compliance with Chapter 21, Labor Code; (2) a comprehensive analysis of the dietitians board workforce that meets federal and state guidelines; (3) procedures by which a determination can be made of significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and (4) reasonable methods to appropriately address those areas of underuse. (b) A policy statement prepared under Subsection (a) must: (1) cover an annual period; (2) be updated annually; (3) be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1); and (4) be filed with the governor. (c) The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as part of other biennial reports to the legislature. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER D. POWERS AND DUTIES § 701.151. GENERAL POWERS AND DUTIES OF DIETITIANS BOARD. The dietitians board shall: (1) adopt an official seal; (2) adopt and publish a code of ethics; (3) establish the qualifications and fitness of applicants for licenses, including renewed and reciprocal licenses; (4) revoke, suspend, or deny a license, probate a license suspension, or reprimand a license holder for a violation of this chapter, a board rule, or the code of ethics; (5) spend money necessary to properly administer the board's duties; and (6) establish reasonable and necessary fees to administer this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.152. GENERAL RULEMAKING AUTHORITY. (a) The dietitians board may adopt rules consistent with this chapter. (b) In adopting rules, the dietitians board shall consider the rules and procedures of the Texas Board of Health and the department and shall adopt procedural rules not inconsistent with similar rules and procedures of those entities. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The dietitians board may not adopt a rule restricting advertising or competitive bidding by a person regulated by the board except to prohibit a false, misleading, or deceptive practice. (b) The dietitians board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that: (1) restricts the person's use of any medium for advertising; (2) restricts the person's personal appearance or use of the person's voice in an advertisement; (3) relates to the size or duration of an advertisement by the person; or (4) restricts the use of a trade name in advertising by the person. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.1535. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. (a) The dietitians board shall adopt rules necessary to comply with Chapter 53. (b) In its rules under this section, the dietitians board shall list the specific offenses for which a conviction would constitute grounds for the board to take action under Section 53.021. Added by Acts 2005, 79th Leg., ch. 147, § 10, eff. Sept. 1, 2005. § 701.154. FEES. (a) After consulting the commissioner or the department, the dietitians board by rule shall set fees in amounts reasonable and necessary to cover the cost of administering this chapter. (b) The dietitians board may not set a fee that existed on September 1, 1993, in an amount that is less than the amount of that fee on that date. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.155. SEAL. (a) The dietitians board by rule may require a license holder to: (1) obtain a seal authorized by the board bearing the license holder's name and the legend "Licensed Dietitian"; and (2) affix the seal to formal documentation of nutrition services provided by the license holder, as determined necessary and appropriate by the board. (b) If the dietitians board adopts rules under Subsection (a), the rules must authorize a license holder to comply with Subsection (a)(2) by maintaining a facsimile of the license holder's seal on file at the location where services are provided if: (1) the services are provided: (A) in a facility licensed under the Health and Safety Code; (B) on behalf of a local, state, or federal government agency; or (C) under other circumstances determined reasonable and necessary by the board; and (2) the facsimile is maintained on file at all times during which the services are provided. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.156. DIETITIANS BOARD DUTIES REGARDING COMPLAINTS. (a) The dietitians board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be provided to a person when the person files a complaint with the board. (b) The dietitians board shall provide reasonable assistance to a person who wishes to file a complaint with the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.157. POWERS AND DUTIES OF TEXAS BOARD OF HEALTH. To implement this chapter, the Texas Board of Health: (1) shall request and receive any necessary assistance from state educational institutions or other state agencies; (2) shall prepare information of consumer interest describing the regulatory functions of the dietitians board, the procedures by which consumer complaints are filed and resolved, and the profession of dietetics; (3) shall prepare a registry of licensed dietitians and provisional licensed dietitians and make the registry available to the public, license holders, and appropriate state agencies; and (4) may request the attorney general or the appropriate county or district attorney to institute a suit to enjoin a violation of this chapter in addition to any other action, proceeding, or remedy authorized by law. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.158. ANNUAL REPORT REGARDING FUNDS. (a) The department shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the dietitians board or the department for the administration of this chapter during the preceding fiscal year. (b) The report must be in the form and reported in the time provided by the General Appropriations Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.159. DELEGATION TO COMMITTEE. The dietitians board may delegate a function or activity required by this chapter to a committee of board members on a permanent or temporary basis if the board agrees to the delegation. Added by Acts 2005, 79th Leg., ch. 147, § 11, eff. Sept. 1, 2005. § 701.160. USE OF TECHNOLOGY. The dietitians board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet. Added by Acts 2005, 79th Leg., ch. 147, § 11, eff. Sept. 1, 2005. § 701.161. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The dietitians board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and (2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction. (b) The dietitians board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. (c) The dietitians board shall designate a trained person to: (1) coordinate the implementation of the policy adopted under Subsection (a); (2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and (3) collect data concerning the effectiveness of those procedures, as implemented by the board. Added by Acts 2005, 79th Leg., ch. 147, § 11, eff. Sept. 1, 2005.SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES § 701.201. PUBLIC INTEREST INFORMATION. (a) The dietitians board shall prepare information of public interest describing the functions of the board and the board's procedures by which complaints are filed with and resolved by the board. (b) The dietitians board shall make the information available to the public and appropriate state agencies. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.202. COMPLAINTS. (a) The dietitians board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notice: (1) on each registration form, application, or written contract for services of a person regulated by the board; (2) on a sign prominently displayed in the place of business of each person regulated by the board; or (3) in a bill for services provided by a person regulated by the board. (b) The dietitians board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.203. RECORDS OF COMPLAINTS. (a) The dietitians board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain: (1) information about the parties to the complaint and the subject matter of the complaint; (2) a summary of the results of the review or investigation of the complaint; and (3) information about the disposition of the complaint. (b) The dietitians board shall make information available describing its procedures for complaint investigation and resolution. (c) The dietitians board shall periodically notify the parties of the status of the complaint until final disposition of the complaint. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 12, eff. Sept. 1, 2005. § 701.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. (a) The dietitians board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection shall: (1) distinguish among categories of complaints; (2) ensure that a complaint is not dismissed without appropriate consideration; (3) require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint; (4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; and (5) prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator. (b) The dietitians board shall: (1) dispose of each complaint in a timely manner; and (2) establish a schedule for conducting each phase of a complaint that is under the control of the board not later than the 30th day after the date the board receives the complaint. (c) Each party to the complaint shall be notified of the projected time requirements for pursuing the complaint. Each party shall be notified of any change in the schedule established under Subsection (b)(2) not later than the seventh day after the date the change is made. (d) The executive secretary shall notify the dietitians board of a complaint that is not resolved in the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.2041. SUBPOENAS. (a) In an investigation of a complaint filed with the dieticians board, the board may request that the commissioner or the commissioner's designee approve the issuance of a subpoena. If the request is approved, the board may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state. (b) A subpoena may be served personally or by certified mail. (c) If a person fails to comply with a subpoena, the dieticians board, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held. (d) On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order. (e) The board may delegate the authority granted under Subsection (a) to the executive secretary of the dieticians board. (f) The dieticians board shall pay a reasonable fee for photocopies subpoenaed under this section in an amount not to exceed the amount the board may charge for copies of its records. (g) The reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) All information and materials subpoenaed or compiled by the dieticians board in connection with a complaint and investigation are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to: (1) persons involved with the board in a disciplinary action against the holder of a license; (2) professional dietitian licensing or disciplinary boards in other jurisdictions; (3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code; (4) law enforcement agencies; and (5) persons engaged in bona fide research, if all individual-identifying information has been deleted. (i) The filing of formal charges by the dieticians board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code. Added by Acts 2001, 77th Leg., ch. 1420, § 14.401(a), eff. Sept. 1, 2001. § 701.205. PUBLIC PARTICIPATION. (a) The dietitians board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction. (b) The dietitians board shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the board's programs. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.206. COMPLAINT COMMITTEE. The dietitians board shall appoint at least one public member to any board committee established to review a complaint filed with the board or review an enforcement action against a license holder related to a complaint filed with the board. Added by Acts 2005, 79th Leg., ch. 147, § 13, eff. Sept. 1, 2005.SUBCHAPTER F. LICENSE REQUIREMENTS § 701.251. LICENSE REQUIRED; COMMISSION REGISTRATION. (a) In this section, "Commission on Dietetic Registration" means the commission that is a member of the National Commission on Health Certifying Agencies. (b) Unless the person holds an appropriate license issued under this chapter, a person may not: (1) use the title or represent or imply that the person has the title "licensed dietitian" or "provisional licensed dietitian" or use the letters "LD" or "PLD"; or (2) use a facsimile of those titles to indicate or imply that the person is a licensed dietitian or provisional licensed dietitian. (c) Unless the person is a dietitian registered by the Commission on Dietetic Registration, a person may not: (1) use the title or represent or imply that the person has the title "registered dietitian" or use the letters "RD"; or (2) use a facsimile of that title to indicate or imply that the person is a dietitian registered by the Commission on Dietetic Registration. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.252. LICENSE APPLICATION. (a) Each applicant for a dietitian license must submit a sworn application accompanied by the application fee. (b) The dietitians board shall prescribe the application form and may by rule establish dates by which applications and fees must be received. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.253. LICENSE EXAMINATION. (a) In this section, "Commission on Dietetic Registration" has the meaning assigned by Section 701.251(a). (b) Except as provided by Subsection (f), an applicant must pass a license examination to qualify for a license under this chapter. (c) The dietitians board shall prepare or approve an examination. An examination prescribed by the board may be or may include an examination given by the Commission on Dietetic Registration or by a national or state testing service instead of an examination prepared by the board. (d) Any written portion of the examination must be validated by an independent testing professional. (e) The dietitians board shall administer an examination to qualified applicants at least twice each calendar year. (f) The dietitians board shall waive the examination requirement for an applicant who, at the time of application, is a dietitian registered by the Commission on Dietetic Registration. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 14, 15, eff. Sept. 1, 2005. § 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify for the licensing examination under this chapter, an applicant must: (1) possess a baccalaureate or postbaccalaureate degree, conferred by a college or university regionally accredited at the time of conferral, with: (A) a major course of study in human nutrition, food and nutrition, nutrition education, dietetics, or food systems management; or (B) an equivalent major course of study approved by the dietitians board; and (2) have completed an internship or preplanned, documented, professional experience program in dietetics practice of not less than 900 hours under the supervision of a licensed dietitian or a registered dietitian approved by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.255. INVESTIGATION. (a) Not later than the 45th day after the date a properly submitted and timely application is received and not later than the 30th day before the next examination date, the department shall notify an applicant in writing of the receipt and investigation of the applicant's application and any other relevant evidence relating to applicant qualifications established by dietitians board rule. (b) The notice shall state whether the applicant has qualified for examination based on the application and other submitted evidence. If the applicant has not qualified, the notice shall state the reasons for the applicant's failure to qualify. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.256. LICENSING EXAMINATION RESULTS. (a) The department shall notify each examinee of the licensing examination results not later than the 30th day after the date the examination is administered. If an examination is graded or reviewed by a national or state testing service, the department shall notify each examinee of the examination results not later than the 14th day after the date the department receives the results from the testing service. (b) If the notice of the results of an examination graded or reviewed by a national or state testing service will be delayed for longer than 90 days after the examination date, the department shall notify each examinee of the reason for the delay before the 90th day. (c) If requested in writing by a person who fails the examination, the department shall provide to the person an analysis of the person's performance on the examination. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 16, 17, eff. Sept. 1, 2005. § 701.257. REEXAMINATION FOR LICENSING EXAMINATION. An applicant who fails the licensing examination three times must provide evidence to the dietitians board that the applicant has successfully completed credit hours in the applicant's areas of weakness before the applicant may apply for reexamination. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 18, eff. Sept. 1, 2005. § 701.2575. JURISPRUDENCE EXAMINATION. (a) The dietitians board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, board rules, and any other applicable laws of this state affecting the applicant's dietetics practice. (b) In addition to the license examination required by Section 701.253, an applicant must pass a jurisprudence examination to qualify for a license under this chapter. (c) The dietitians board shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results. Added by Acts 2005, 79th Leg., ch. 147, § 19, eff. Sept. 1, 2005. § 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The dietitians board shall issue a license certificate as a licensed dietitian to a person qualified for a license under this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.259. PROVISIONAL LICENSE. (a) The dietitians board may issue a license to use the title "provisional licensed dietitian" to an applicant who files an application, pays an application fee, and submits evidence of successful completion of the education requirement under Section 701.254. (b) A provisional licensed dietitian must practice under the supervision and direction of a licensed dietitian. The supervising licensed dietitian must sign the applicant's initial application for a provisional license. (c) The dietitians board shall issue a license certificate as a provisional licensed dietitian to a person qualified for a provisional license under this chapter. (d) A provisional license expires on the first anniversary of the date of issuance and, if the supervising licensed dietitian signs the renewal application, may be renewed annually not more than twice by complying with the renewal procedures under Section 701.301. (e) A provisional licensed dietitian shall comply with Sections 701.351 and 701.352. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.260. TEMPORARY LICENSE. (a) On receipt of an application and payment of an application fee, the dietitians board may grant a temporary license to an applicant who: (1) is licensed in good standing as a dietitian in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter; (2) has passed a national or other examination that is recognized by the board and relates to dietetics; and (3) is sponsored by a person licensed by the board under this chapter with whom the temporary license holder may practice. (b) The dietitians board may waive the requirement of Subsection (a)(3) if the board determines that compliance with that provision is a hardship to an applicant. (c) A temporary license is valid until the date the dietitians board approves or denies the temporary license holder's application for a license. The board shall issue a license under this chapter to the holder of a temporary license if: (1) the temporary license holder passes the competency examination required by Section 701.253; (2) the board verifies that the temporary license holder meets the academic and experience requirements for a license under this chapter; and (3) the temporary license holder satisfies any other license requirements under this chapter. (d) The dietitians board must complete the processing of a temporary license holder's application for a license not later than the 180th day after the date the board issues the temporary license. The board may extend this deadline to receive pending examination results. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.261. INACTIVE STATUS. The dietitians board by rule may provide for a license holder to place the person's license on inactive status. The board by rule shall provide for a time limit for a license to remain on inactive status. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER G. LICENSE RENEWAL § 701.301. LICENSE RENEWAL. (a) A license is valid for two years after the date of issuance and may be renewed biennially. (b) The Texas Board of Health by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, a license fee payable on the original expiration date shall be prorated on a monthly basis so that the license holder pays only that portion of the fee allocable to the number of months the license is valid. The license holder shall pay the total license renewal fee on renewal of the license on the new expiration date. (c) A person may renew an unexpired license by paying the required renewal fee to the dietitians board before the license expiration date. (d) A person whose license has been expired for 90 days or less may renew the license by paying to the dietitians board a fee that is equal to 1-1/4 times the amount of the renewal fee for the license. If a license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the board a fee that is equal to 1-1/2 times the amount of the renewal fee for the license. (e) Except as provided by Section 701.302, a person whose license has been expired for one year or more may not renew the license. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (f) Not later than the 30th day before a person's license expiration date, the dietitians board shall send written notice of the impending license expiration to the person at the person's last known address according to board records. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 20, eff. Sept. 1, 2005. § 701.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. The dietitians board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date the person applies for renewal. The person must pay to the board a fee that is equal to the amount of the examination fee for the license. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.303. CONTINUING EDUCATION. (a) The dietitians board by rule shall establish a minimum number of hours of continuing education required for license renewal under this chapter. (b) The dietitians board may assess the continuing education needs of license holders and may require license holders to attend continuing education courses specified by the board. The board shall develop a process to evaluate and approve continuing education courses. (c) The dietitians board shall identify key factors for a license holder's competent performance of professional duties. The board shall adopt a procedure to assess the license holder's participation in continuing education programs. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.304. GROUNDS FOR REFUSING RENEWAL. The dietitians board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter K, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed. Added by Acts 2005, 79th Leg., ch. 147, § 21, eff. Sept. 1, 2005.SUBCHAPTER H. PRACTICE BY LICENSE HOLDER § 701.351. DISPLAY OF LICENSE CERTIFICATE. (a) A license holder shall display the person's license certificate in an appropriate and public manner. (b) A license certificate issued by the dietitians board is the property of the board and shall be surrendered on demand. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.352. LICENSE HOLDER INFORMATION. A license holder shall keep the department informed of the license holder's current address. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.353. PROHIBITED USE OF SEAL. (a) A person may not use a seal authorized by the dietitians board unless the person holds a license issued under this chapter. (b) A person may not affix a seal to a document if the license of the license holder named on the seal is expired, suspended, or revoked. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.SUBCHAPTER I. DISCIPLINARY PROCEDURES § 701.401. GROUNDS FOR DISCIPLINARY ACTION. The dietitians board shall refuse to renew a license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter or a rule or code of ethics adopted by the board. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 22, eff. Sept. 1, 2005. § 701.402. HEARING. (a) If the dietitians board proposes to refuse to renew a license, revoke, or suspend a person's license, the person is entitled to a hearing before the board. (b) A member or employee of the dietitians board or a department employee who carries out the functions of the board and proposes to make a decision, a finding of fact, or a conclusion of law in a proceeding pending before the board may communicate directly or indirectly with a party to the proceeding or with the party's representative only if notice and an opportunity to participate are given to each party. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., ch. 147, § 23, eff. Sept. 1, 2005. § 701.403. SANCTIONS. The State Office of Administrative Hearings shall use the schedule of sanctions adopted by dietitians board rule for a sanction imposed as the result of a hearing conducted by the office. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.404. PROBATION. The dietitians board may require a license holder whose license suspension is probated to: (1) report regularly to the board on matters that are the basis of the probation; (2) limit practice to areas prescribed by the board; or (3) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.405. MONITORING OF LICENSE HOLDER. (a) The dietitians board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. (b) Rules adopted under this section must include procedures to: (1) monitor for compliance a license holder who is ordered by the dietitians board to perform certain acts; and (2) identify and monitor license holders who represent a risk to the public. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.406. INFORMAL PROCEDURES. (a) The dietitians board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal proceeding held in compliance with Section 2001.054, Government Code. (b) Rules adopted under Subsection (a) must: (1) provide the complainant and the license holder an opportunity to be heard; and (2) require the presence of a representative of the attorney general or the dietitians board's legal counsel to advise the board or the board's employees. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.407. ADMINISTRATIVE PROCEDURE. A proceeding to suspend or revoke a license under this subchapter is governed by Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.408. EMERGENCY SUSPENSION. (a) The dietitians board or a three-member committee of board members designated by the board shall temporarily suspend the license of a license holder if the board or committee determines from the evidence or information presented to it that continued practice by the license holder would constitute a continuing and imminent threat to the public welfare. (b) A license may be suspended under this section without notice or hearing on the complaint if: (1) action is taken to initiate proceedings for a hearing before the State Office of Administrative Hearings simultaneously with the temporary suspension; and (2) a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code. (c) The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 14th day after the date of the temporary suspension to determine if there is probable cause to believe that a continuing and imminent threat to the public welfare still exists. A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension. Added by Acts 2003, 78th Leg., ch. 326, § 23, eff. Sept. 1, 2003.SUBCHAPTER J. PENALTIES AND OTHER ENFORCEMENT PROVISIONS § 701.451. CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly violates Section 701.251. (b) A person commits an offense if the person violates Section 701.353(a). (c) An offense under this section is a Class B misdemeanor. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. § 701.452. CEASE AND DESIST ORDER. (a) If it appears to the dietitians board that a person who is not licensed under this chapter is violating this chapter or a rule adopted under this chapter, the board after notice and opportunity for a hearing may issue a cease and desist order prohibiting the person from engaging in the activity. (b) A violation of an order under this section constitutes grounds for imposing an administrative penalty under this chapter. Added by Acts 2005, 79th Leg., ch. 147, § 25, eff. Sept. 1, 2005. § 701.453. INJUNCTION. (a) The dietitians board may apply to a district court in any county for an injunction to restrain a violation of Section 701.251 by a person. (b) At the request of the board, the attorney general shall initiate and conduct an action in a district court in the state's name to obtain an injunction under this section. Added by Acts 2005, 79th Leg., ch. 147, § 25, eff. Sept. 1, 2005.SUBCHAPTER K. ADMINISTRATIVE PENALTY § 701.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The dietitians board may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty. (b) The amount shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (2) the economic harm caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter a future violation; (5) efforts to correct the violation; and (6) any other matter that justice may require. (c) The dietitians board by rule shall adopt an administrative penalty schedule based on the criteria listed in Subsection (b) for violations of this chapter or board rules to ensure that the amounts of penalties imposed are appropriate to the violation. The board shall provide the administrative penalty schedule to the public on request. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. Amended by Acts 2005, 79th Leg., ch. 147, § 26, eff. Sept. 1, 2005. § 701.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) If the commissioner or the commissioner's designee determines that a violation occurred, the commissioner or the designee may issue to the dietitians board a report stating: (1) the facts on which the determination is based; and (2) the commissioner's or the designee's recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the penalty. (b) Within 14 days after the date the report is issued, the commissioner or the commissioner's designee shall give written notice of the report to the person. The notice must: (1) include a brief summary of the alleged violation; (2) state the amount of the recommended administrative penalty; and (3) inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Within 10 days after the date the person receives the notice, the person in writing may: (1) accept the determination and recommended administrative penalty of the commissioner or the commissioner's designee; or (2) make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both. (b) If the person accepts the determination and recommended penalty of the commissioner or the commissioner's designee, the dietitians board by order shall approve the determination and impose the recommended penalty. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.505. HEARING. (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the commissioner or the commissioner's designee shall set a hearing and give written notice of the hearing to the person. (b) An administrative law judge of the State Office of Administrative Hearings shall hold the hearing. (c) The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the dietitians board a proposal for a decision about the occurrence of the violation and the amount of a proposed administrative penalty. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.506. DECISION BY DIETITIANS BOARD. (a) Based on the findings of fact, conclusions of law, and proposal for decision, the dietitians board by order may determine that: (1) a violation occurred and impose an administrative penalty; or (2) a violation did not occur. (b) The notice of the dietitians board's order given to the person must include a statement of the right of the person to judicial review of the order. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Within 30 days after the date the dietitians board's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both. (b) Within the 30-day period prescribed by Subsection (a), a person who files a petition for judicial review may: (1) stay enforcement of the penalty by: (A) paying the penalty to the court for placement in an escrow account; or (B) giving the court a supersedeas bond approved by the court that: (i) is for the amount of the penalty; and (ii) is effective until all judicial review of the dietitians board's order is final; or (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and (B) giving a copy of the affidavit to the commissioner or the commissioner's designee by certified mail. (c) If the commissioner or the commissioner's designee receives a copy of an affidavit under Subsection (b)(2), the commissioner or the designee may file with the court, within five days after the date the copy is received, a contest to the affidavit. (d) The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.508. COLLECTION OF PENALTY. (a) If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The attorney general may sue to collect the penalty. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.509. DETERMINATION BY COURT. (a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount of the penalty. (b) If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.510. REMITTANCE OF PENALTY AND INTEREST. (a) If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person. (b) The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. (c) The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted. (d) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond. (e) If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.511. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is a contested case under Chapter 2001, Government Code. Added by Acts 2003, 78th Leg., ch. 326, § 24, eff. Sept. 1, 2003. § 701.512. REFUND. (a) Subject to Subsection (b), the dietitians board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter. (b) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter. The board may not require payment of other damages or estimate harm in a refund order. Added by Acts 2005, 79th Leg., ch. 147, § 27, eff. Sept. 1, 2005.
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