STATE OF OKLAHOMA. 1st Session of the 55th Legislature (2015) COMMITTEE SUBSTITUTE

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1 STATE OF OKLAHOMA 1st Session of the th Legislature () COMMITTEE SUBSTITUTE FOR SENATE BILL By: Sparks COMMITTEE SUBSTITUTE An Act relating to the Licensed Dietitian Act; amending O.S., Section, which relates to definitions; broadening certain definition; providing certain construction; providing penalties for violations; permitting State Board of Medical Licensure and Supervision to assess and collect certain costs; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY O.S., Section, is amended to read as follows: Section. As used in the Licensed Dietitian Act: 1. "Board" means the State Board of Medical Licensure and Supervision.. "Committee" means the Advisory Committee on Dietetic Registration of the State Board of Medical Examiners.. "Dietetics" means the professional discipline of applying and integrating scientific principles of nutrition pursuant to different health, social, cultural, physical, psychological, and Req. No. Page 1

2 economic conditions to the proper nourishment, care, and education of individuals or groups throughout the life cycle. The term includes the development, management, and provision of nutritional services integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, behavioral, and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include: a. assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend to the primary health care provider appropriate nutritional intake including enteral and parenteral nutrition, b. establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources, c. providing nutrition care and interventions based on assessment, d. providing nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation Req. No. Page

3 consistent with cultural background and socioeconomic status, e. developing, implementing, and managing nutrition care systems, f. evaluating, amending, and maintaining standards of quality in food and nutrition care services, g. planning menus to meet nutritional needs of patients to the extent medically possible, in accordance with Dietary Reference Intakes (DRIs) of the Food and Nutrition Board of the Institute of Medicine, National Academy of Sciences, and h. prescribing diets to meet the medical needs of patients based on assessment, in accordance with federal regulatory guidelines.. "Licensed dietitian" means a person licensed pursuant to the provisions of the Licensed Dietitian Act.. "Provisional licensed dietitian" means a person who has a limited license pursuant to the provisions of the Licensed Dietitian Act.. "Degree" means a degree from an accredited college or university. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 0 of Title, unless there is created a duplication in numbering, reads as follows: Req. No. Page

4 Nothing in the Licensed Dietitian Act shall be construed as to affect or prevent: 1. A student enrolled in an approved academic program in dietetics or nutrition from engaging in the practice of dietetics/nutrition, if such practice constitutes a part of a supervised course of study, and if the student is designated by a title which clearly indicates his or her status as a student or trainee, or from engaging in the practice of dietetics or nutrition under the supervision of a licensed dietitian/nutritionist;. A dietitian or nutritionist who is serving in the Armed Forces or any other federal agency from engaging in the practice of dietetics or nutrition, provided such practice is related to service or employment;. Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing or pharmacy from engaging in the practice of dietetics or nutrition when incidental to the practice of their profession, except that such persons may not use the titles "dietitian", "dietician", or "nutritionist";. A person from marketing or distributing food, food materials or food supplements or a person from engaging in an explanation of the use or preparation of these products or from furnishing general nutrition information related to such products in connection with the marketing or distribution of such products, if that person does not represent himself or herself as a dietitian or nutritionist; or Req. No. Page

5 . A person from providing weight control services through a program which has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by a licensed dietitian or nutritionist, a dietitian or nutritionist licensed in another state which has licensure requirements at least as stringent as the requirements for licensure specified herein or a dietitian registered by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics. SECTION. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1 of Title, unless there is created a duplication in numbering, reads as follows: A. Any person who violates any provision of the Licensed Dietitian Act shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($0.00) and not to exceed Five Hundred Dollars ($00.00) or imprisonment for a period not exceeding six () months or both. B. In addition to any other penalty or remedy pursuant to the Licensed Dietitian Act or administrative rule adopted hereunder, any violation of this act or regulation adopted hereunder shall be punishable by a fine not less than Fifty Dollars ($0.00) and not to exceed Two Hundred Fifty Dollars ($0.00). Each day of violation shall constitute a separate offense. C. In addition to any other fine or penalty that may be imposed against any person found to have violated any provision of the Req. No. Page

6 Licensed Dietitian Act, the Oklahoma Board of Medical Licensure and Supervision may assess and collect all costs incurred in connection with disciplinary actions including, but not limited to, investigator fees, stenographer fees, attorney fees, and hearing costs. SECTION. This act shall become effective November 1,. -1- AM // :: PM Req. No. Page

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