T54CH35

Title 54 > T54CH35

Sections (13)

54-3501

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3501. Purpose. The legislature finds and declares that the provision of medical and therapeutic nutritional services affects the public health, safety, and welfare. The legislature further finds that it is in the public interest to aid in the provision of medical and therapeutic nutritional services of high quality to the people of Idaho. To aid in fulfilling these purposes, this chapter provides for the licensure and regulation of dietitians within the state of Idaho. History: [54-3501, added 1994, ch. 217, sec. 1, p. 674.]

54-3502

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3502. Definitions. As used in this chapter: (1) Academy of nutrition and dietetics means the national organization that credentials dietetics professionals and accredits undergraduate and graduate programs that prepare dietetics professionals. (2) Accreditation council for education in nutrition and dietetics or ACEND means the accrediting organization of the academy of nutrition and dietetics that is recognized by the United States department of education as the accrediting agency for education programs that prepare dietetics professionals. (3) Allied health advisory board means the Idaho allied health advisory board established pursuant to chapter 1, title 54 , Idaho Code. (4) Board means the Idaho state board of medicine. (5) Commission on dietetic registration or CDR means the credentialing organization of the academy of nutrition and dietetics that awards and administers credentials to individuals at entry, specialist and advanced levels who have met CDR’s specified criteria to practice in the dietetics profession, including successful completion of its national accredited certification examination and recertification by continuing professional education and/or examination. (6) Dietetics means the integration, application and communication of principles derived from food, nutrition, social, business and basic sciences to achieve and maintain optimal nutrition status of individuals through the development, provision and management of effective food and nutrition services in a variety of settings. (7) Dietitian means a person licensed under the provisions of this chapter as a licensed dietitian (LD) who: (a) Is trained in the science of nutrition and dietetics and who has met current minimum academic requirements with successful completion of specified didactic education and supervised practice experiences through programs accredited by ACEND or a similar agency approved by the board with substantially equivalent educational requirements; and (b) Has successfully completed the registration examination for dietitians administered by the CDR or a similar agency approved by the board with a substantially equivalent examination and has been granted and maintains the title registered dietitian (RD) or registered dietitian nutritionist (RDN). (8) Evidence-based dietetics practice means the process of asking questions, systematically finding research evidence and assessing its validity, applicability and importance to food and nutrition practice decisions, including the application of relevant evidence in the context of the practice situation and the values of clients, customers and communities to achieve positive outcomes. (9) Medical nutrition therapy or MNT means an evidence-based application of the nutrition care process. The provision of MNT to a patient/client may include one (1) or more of the following: nutrition assessment or reassessment, nutrition diagnosis, and nutri

54-3502A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3502A. dietetic practice. (1) Dietetic practice focuses on food and nutrition and related services developed and provided by dietitians to protect the public, enhance the health and well-being of patients/clients, and deliver quality products, programs and services, and medical nutrition therapy. Dietitians practice across varied settings, including health care, business and industry, communities and public health systems, schools, colleges, the military, government, research, food service management, teaching, consulting, media, writing, public speaking and informatics and private practice. (2) Clinical nutrition and dietetics practice is the utilization of skills, knowledge and applied judgment of the dietitian whose practice involves nutrition care, medical nutrition therapy and related services provided to individuals and groups of all ages to address health promotion and prevention, delay or management of diseases and conditions. (3) Clinical privileges. Authorization for clinical privileges is granted by the appropriate authority or a health care organization to a dietitian to provide specific care, treatment or services in the organization within well-defined limits based on licensure, education, training, experience, judgment and demonstrated and documented competence or certification. (4) A licensed dietitian, in accordance with established protocols consistent with facility policy or procedure, may: (a) Order patient diets, including therapeutic diets; (b) Implement medical nutrition therapy; (c) Order medical laboratory tests related to nutritional therapeutic treatments; (d) Initiate, implement and adjust pharmacotherapy plans; and (e) Perform nutrition-focused physical assessments to evaluate for nutritional risk. (5) A board-certified specialist is a registered dietitian or registered dietitian nutritionist credentialed by the CDR or other certifying entity who has met empirically established criteria, who has successfully completed a specialty certification examination that simulates and tests practice-related knowledge, skills or abilities, and who: (a) Conforms to the scope of practice and standards of practice as defined by the specialty certification entity; (b) Carries out functions beyond the basic educational preparation for the registered dietitian or registered dietitian nutritionist; and (c) Maintains specialty certification by meeting the requirements specified by the certifying entity. History: [54-3502A, added 2017, ch. 294, sec. 2, p. 777.]

54-3503

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3503. License required. (1) It is unlawful for any person to assume or use the title or designation of dietitian, licensed dietitian (LD), registered dietitian (RD), registered dietitian nutritionist (RDN), or any other combination of terms that include the title dietitian, unless such person has been issued a license pursuant to this chapter and the license is in good standing pursuant to rules of the board. Nothing contained herein shall be construed to prohibit the use of the term nutrition or diet as a descriptive term in connection with a person’s occupation or employment. (2) No person shall use any other title, designation, words, letters, abbreviations, or sign, card or device which indicates to the public that such person is a dietitian or has been issued a temporary permit pursuant to this chapter unless the person is so licensed or has been issued such permit, and the license or permit is in good standing pursuant to rules of the board. (3) A person who is a registered dietitian, as determined by the commission on dietetic registration of the academy of nutrition and dietetics, or its successor organization may continue to use such credential without being licensed pursuant to this chapter as long as the person does not engage in the practice of dietetics as set forth in this chapter. (4) Exemptions for licensure. The provisions of this chapter shall not apply to the following: (a) Persons who are not licensed dietitians but are licensed under title 54 , Idaho Code, acting within the scope of their profession and doing work of a nature consistent with their training, provided that they do not represent themselves by any title or practice description prohibited by subsection (1) of this section; or (b) Persons who are licensed to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine under chapter 18, title 54 , Idaho Code, provided that they do not represent themselves as licensed dietitians. History: [54-3503, added 1994, ch. 217, sec. 1, p. 674; am. 2013, ch. 187, sec. 10, p. 456; am. 2017, ch. 294, sec. 3, p. 778.]

54-3505

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3505. FEES. In accordance with section 54-103 , Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisory board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the moneys collected pursuant to this section shall be immediately available for the administration of this chapter. History: [54-3505, added 2024, ch. 61, sec. 5, p. 292.]

54-3506

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3506. Requirements for licensure as a dietitian. A person applying for a license shall file a written application provided by the board showing to the satisfaction of the board that such person meets the following requirements: (1) Has successfully completed the following academic and supervised practice requirements: (a) A minimum of a baccalaureate degree granted by a United States regionally accredited college or university or a foreign equivalent; (b) An ACEND-accredited didactic program in dietetics or a substantially similar program approved by the board; (c) An ACEND-accredited supervised practice program in the United States or its territories or a substantially similar program approved by the board; and (2) Has successfully completed the registration examination for registered dietitians as administered by the commission on dietetic registration or its successor organization as recognized by the allied health advisory board. The board may require an applicant to be personally interviewed by the board or by a designated committee of the board. Such an interview shall be limited to a review of the applicant’s qualifications and professional credentials. History: [54-3506, added 1994, ch. 217, sec. 1, p. 677; am. 2017, ch. 294, sec. 6, p. 780; am. 2024, ch. 61, sec. 6, p. 292.]

54-3508

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3508. licensure by endorsement. Upon recommendation of the allied health advisory board, or upon its own motion, the board may waive the examination, education, or experience requirements and grant a license by endorsement to any applicant who: (1) Presents proof of current registration by the commission on dietetic registration; (2) Presents proof of current licensure to engage in the practice of dietetics in another state or the District of Columbia that requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter; and (3) Does not have any disciplinary action, whether past, pending, public or confidential, by any licensing board, licensing authority, professional association, hospital or institution in any state or district. History: [54-3508, added 1994, ch. 217, sec. 1, p. 678; am. 2013, ch. 187, sec. 12, p. 457; am. 2017, ch. 294, sec. 8, p. 781; am. 2024, ch. 61, sec. 7, p. 292.]

54-3509

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3509. License expiration and renewal. (1) A license issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the rules for the licensure of dietitians, upon payment of a renewal fee. (2) The board shall establish the following fees relating to licensing, which fees shall be established in an amount sufficient to defray all costs necessary for the administration of this chapter: (a) Initial license and examination fee; (b) Renewal of license fee; (c) Inactive license fee; (d) Limited permit fee; (e) Late renewal fees. (3) No license that has been expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-3506 , Idaho Code, for obtaining an initial license. (4) Maintenance of registration by the CDR or its successor organization is required for license renewal. History: [54-3509, added 1994, ch. 217, sec. 1, p. 678; am. 2017, ch. 294, sec. 9, p. 781; am. 2024, ch. 61, sec. 8, p. 292; am. 2024, ch. 86, sec. 34, p. 411.]

54-3510

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3510. grounds for discipline. The board, in accordance with the requirements of chapter 52, title 67 , Idaho Code, may, upon recommendation of the allied health advisory board, refuse to issue a license or permit, refuse to renew a license or permit, or may suspend, restrict or revoke a license or permit, under such conditions as the board may determine, if the licensee, permittee or applicant for license: (1) Has been convicted of, or has entered a plea of guilty to, or been found guilty of, the commission of a crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code; (2) Obtained a license or permit pursuant to this chapter by means of fraud, misrepresentation or concealment of material facts; (3) Practiced dietetics under a false or an assumed name in this or any other state; (4) Knowingly aided or abetted the unlicensed practice of dietetics; (5) Engaged in the practice of dietetics in a manner that does not meet the generally accepted standards for the practice of dietetics within the state of Idaho; (6) Divided fees or gifts or agreed to split or divide fees or gifts received for professional services with any person, institution or corporation in exchange for a referral; (7) Failed to maintain the confidentiality of medical records or other medical information pertaining to identifiable patients, except as required or authorized by law; (8) Engaged in any conduct that constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the dietitian by the patient; (9) Failed to supervise the activities of a provisionally licensed dietitian; (10) Continued to practice as a dietitian when a license pursuant to this chapter was suspended, revoked or inactive; (11) Practiced as a dietitian in violation of a voluntary restriction or terms of probation pursuant to this chapter; (12) Continued to practice as a dietitian when registration by the CDR or its successor organization was not renewed or was suspended or revoked; or (13) Failed to comply with a board order. History: [54-3510, added 1994, ch. 217, sec. 1, p. 678; am. 2017, ch. 294, sec. 10, p. 782; am. 2020, ch. 175, sec. 31, p. 537; am. 2024, ch. 61, sec. 9, p. 293.]

54-3510A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3510A. disciplinary sanctions. If grounds for discipline are found to exist, the board of medicine, upon the recommendation of the allied health advisory board, may issue an order to: (1) Revoke the dietitian’s license to practice dietetics; (2) Suspend or restrict the dietitian’s license to practice dietetics; and/or (3) Impose conditions or probation upon the dietitian’s license to practice dietetics. History: [54-3510A, added 2017, ch. 294, sec. 11, p. 783; am. 2024, ch. 61, sec. 10, p. 294.]

54-3511

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3511. Penalties. (1) A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor. (2) The representation to another person that a person is licensed pursuant to this chapter, when such representation is untrue, constitutes the using of a method, act, or practice which is declared to be unlawful under the provisions of chapter 6, title 48 , Idaho Code. History: [54-3511, added 1994, ch. 217, sec. 1, p. 679; am. 2017, ch. 294, sec. 12, p. 783.]

54-3512

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3512. Inapplicability of chapter. (1) This chapter shall not be construed to prevent any person from rendering advice, guidance or counsel regarding medical nutrition service, therapeutic nutrition care, nutritional assessments, nutrition therapy counseling, weight control services, or from providing nutrition information in connection with the marketing and distribution of a food product, dietary supplement, or wellness/exercise program. (2) This chapter shall not be construed to prevent any person licensed or registered in this state, pursuant to any other law of the state, from engaging in the profession or occupation for which such person is licensed or registered. (3) This chapter shall not be construed to prevent a dietitian licensed and in good standing in another jurisdiction of the United States or credentialed in another country from practicing, within this state, activities that are within the scope of such dietitian’s license or credentials, when the dietitian: (a) Is affiliated with or employed by an established athletic team, athletic organization or performing arts company temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year; and (b) Is practicing only on patients, clients or team staff affiliated with or employed by such team, organization or company. History: [54-3512, added 1994, ch. 217, sec. 1, p. 679; am. 2017, ch. 294, sec. 13, p. 783; am. 2018, ch. 24, sec. 2, p. 44.]

54-3513

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 35 DIETITIANS 54-3513. severability. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter. History: [54-3513, added 2017, ch. 294, sec. 14, p. 783.]