Subdivision 1. Applicability. The definitions in this section apply to sections 148.621 to 148.633.
Subd. 2. Accredited college or university. "Accredited college or university" means a college or university accredited by the regional accrediting agencies recognized by the council on post-secondary accreditation, and the United States Department of Education at the time the degree was conferred.
Subd. 3. Association. "Association" means the American Dietetic Association.
Subd. 4. Board. "Board" means the board of dietetics and nutrition practice.
Subd. 5. Commission. "Commission" means the Commission on Dietetic Registration that is a member of the National Commission on Health Certifying Agencies, which national commission establishes national standards of competence for individuals participating in the health care delivery system.
Subd. 6. Commissioner. "Commissioner" means the commissioner of health.
Subd. 7. Dietitian. "Dietitian" means an individual who engages in dietetics or nutrition practice and uses the title dietitian.
Subd. 8. Nutritionist. "Nutritionist" means an individual who engages in dietetics or nutrition practice and uses the title nutritionist.
Subd. 9. Dietetics or nutrition practice. "Dietetics or nutrition practice" means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, food management, and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services.
Subd. 10. Nutrition care services. "Nutrition care services" means: (1) assessment of the nutritional needs of individuals or groups; (2) establishment of priorities, goals, and objectives to meet nutritional needs; (3) provision of nutrition counseling for both normal and therapeutic needs; (4) development, implementation, and management of nutrition care services; or (5) evaluation, adjustment, and maintenance of appropriate standards of quality in nutrition care.
Subd. 11. Nutritional assessment. "Nutritional assessment" means the evaluation of the nutritional needs of individuals or groups based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake.
Subd. 12. Nutrition counseling. "Nutrition counseling" means 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 consistent with cultural background and socioeconomic status.
Subd. 13. Person. "Person" means an individual, corporation, partnership, or other legal entity.
HIST: 1994 c 613 s 2
148.622 BOARD OF DIETETICS AND NUTRITION PRACTICE
Subdivision 1. Creation. The board of dietetics and nutrition practice consists of seven members appointed by the governor.
Subd. 2. Membership. Members of the board must have been residents of the state of Minnesota for two years immediately preceding appointment and must represent various geographic areas of the state and various employment settings, as required by this section. Two members must be dietitians registered with the commission with at least three years of dietetics practice in Minnesota. Two members must be nutritionists with at least three years of nutrition practice in Minnesota. The professional members first appointed need not be licensed under this chapter for appointment to their first terms on the board, but must possess the qualifications necessary for licensure under this chapter. Three other members must be public members as defined under section 214.02. Two of the public members must be consumers of nutrition care services or caregivers of those utilizing such services.
Subd. 3. Membership terms; officers; quorum; expenses. (a) Members must be appointed for staggered terms of four years, with terms beginning August 1 of each year. The terms of the initial board members must be determined by lot as follows: one member must be appointed for a term that expires August 1, 2000; two members must be appointed for terms that expire August 1, 1998; two members must be appointed for terms that expire August 1, 1997; and two members must be appointed for terms that expire August 1, 1995. Members of the board serve until the expiration of the term to which they have been appointed or until their successors have qualified. A person may not be appointed to serve more than two consecutive terms.(b) The board shall organize annually and select a chair and vice-chair.
HIST: 1994 c 613 s 3; 1997 c 192 s 26
148.623 DUTIES OF THE BOARD.The board shall:
HIST: 1994 c 613 s 4
148.624 LICENSURE; RENEWAL.
Subdivision 1. Dietetics. The board shall issue a license as a dietitian to a person who files a completed application, pays all required fees, and certifies and furnishes evidence satisfactory to the board that the applicant:(1) meets the following qualifications:
Subd.2. Nutrition. The board shall issue a license as a nutritionist to a person who files a completed application, pays all required fees, and certifies and furnishes evidence satisfactory to the board that the applicant:(1) meets the following qualifications:
Subd. 4. Renewal. Licensees shall renew licenses at the time and in the manner established by the rules of the board.
HIST: 1994 c 613 s 5
A person desiring a license under sections 148.621 to 148.633 shall apply to the board on a form and in the manner the board prescribes. The application must be accompanied by an application fee in an amount determined by the board.
HIST: 1994 c 613 s 6
148.626 CONTINUING EDUCATION REQUIRED.
Within three years of the effective date of sections 148.621 to 148.633, renewal of a license is contingent on the applicant meeting uniform continuing education requirements established by the board. Notice of initial or amended continuing education requirements must be sent to all persons licensed under sections 148.621 to 148.633 at least 12 months before a person's license renewal is dependent on satisfaction of those requirements. Continuing education requirements must be sent to new applicants with the forms on which they are to apply for licensure.
HIST: 1994 c 613 s 7
148.627 TRANSITION PERIOD.
HIST: 1994 c 613 s 8
The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in another state or the District of Columbia, provided that in the judgment of the board the standards for licensure in that state are not less stringent than the requirements set forth in sections 148.621 to 148.633.
HIST: 1994 c 613 s 9
148.629 DENIAL, SUSPENSION, OR REVOCATION.Subdivision 1. Grounds. The board may refuse to renew or grant a license to, or may suspend, revoke, or restrict the license of an individual whom the board, after a hearing under the contested case provisions of chapter 14, determines:
HIST: 1994 c 613 s 10
148.630 LICENSE REQUIRED.(a) No person may engage in dietetics or nutrition practice unless the person is licensed as a dietitian or nutritionist by the board. No person may use the title "dietitian," "licensed dietitian," "nutritionist," "licensed nutritionist," or any occupational title using the word "dietitian" or "nutritionist" unless so licensed by the board, nor shall any person hold out as a dietitian or nutritionist unless so licensed.
HIST: 1994 c 613 s 11
A person who violates sections 148.621 to 148.633 is guilty of a misdemeanor. If a person other than a licensed dietitian or nutritionist engages in an act or practice constituting an offense under sections 148.621 to 148.633, a district court on application of the board may issue an injunction or other appropriate order restraining the act or practice.
HIST: 1994 c 613 s 12
148.632 EXEMPTIONS; VOLUNTARY LICENSING.
Subdivision 1. Persons excepted from the licensing requirement. Nothing in sections 148.621 to 148.633 prevents or restricts the activities of:(1) any person pursuing a degree in dietetics or nutrition at an accredited college or university who is practicing under the supervision of a licensed dietitian or licensed nutritionist and in accordance with accepted scientific knowledge and standards of practice, provided that the person is designated by a title which clearly indicates the person's status as a student or trainee;
Subd. 2. Voluntary licensing. The licensing of persons employed by facilities licensed under chapters 144 and 144A is voluntary. Nothing in sections 148.621 to 148.633 prevents or restricts the activities of persons employed by these institutions.
HIST: 1994 c 613 s 13
148.633 DISPOSITION OF FUNDS.
Money received by the board under sections 148.621 to 148.633 must be credited to the health occupations licensing account within the special revenue fund.HIST: 1994 c 613 s 14
DIETITIANS AND NUTRITIONISTS
3250.0010 REQUIREMENTS FOR LICENSURE AS A DIETITIAN.
Subpart 1. Generally. To be eligible for licensure as a dietician, an applicant must submit a fully completed application on a form provided by the board, along with the applicable fee as provided in part 3250.0050, and meet one of the sets of requirements described in subparts 2 to 4.Subp. 2. Education and experience. The applicant must provide the board with:
Subp. 3. National registration. The applicant must provide a notarized copy of the applicant's current registration card from the Commission on Dietetic Registration demonstrating registration as a dietician.Subp. 4. Applicants holding foreign degrees. An applicant with a foreign degree must provide: A. documented evidence that an evaluating agency preapproved by the board has evaluated the applicant's transcript from a foreign college or university and has deemed the transcript to be equivalent to the transcript required under subpart 2, item A. The documented evidence must be received directly from the evaluating agency by the board;
3250.0020 NUTRITIONIST REQUIREMENTS.
Subpart 1. Generally. To be eligible for licensure as a nutritionist, an applicant must submit a fully completed application on a form provided by the board, along with the applicable fee as provided in part 3250.0050, and meet one of the sets of requirements described in subparts 2 to 5.Subp. 2. Education and experience. The applicant must provide the board with: A. an official transcript showing that the applicant has received a postgraduate degree with a major in human nutrition, public health nutrition, clinical nutrition, nutrition education, community nutrition, or food and nutrition from a United States regionally accredited college or university; and
Subp. 3. National registration. The applicant must provide a notarized copy of a current certificate showing the applicant's diplomate status with the American Board of Nutrition.Subp. 4. Applicants petitioning for independent review. The applicant petitioning for independent review must provide the board with:
3250.0030 TRANSITION PERIOD REQUIREMENTS.Subpart 1. Dietitian requirements. To be eligible for licensure as a dietitian for one year from December 11, 1995, in lieu of the requirements in part 3250.0010, an applicant must submit to the board a fully completed application on a form provided by the board, along with the applicable fee as provided in part 3250.0050, and provide:
3250.0040 INITIAL LICENSING.
The board shall review and grant licenses on a quarterly basis, during the second full week of the months of November, February, May, and August, provided the date is no later than the 15th day of the month. An application must be received before the first day of the month in which the application will be reviewed by the board. Licenses granted in November 1995 shall be effective December 1, 1995, through November 30, 1996. Thereafter, a license shall be effective on the date it is approved by the board through the following month of November.STAT AUTH: MS s 148.623; 214.06
3250.0045 TERMS AND RENEWAL OF LICENSE.
Subpart 1. Renewal of License. To renew a license, a licensee shall submit an application for renewal to the board, postmarked no later than November 30 of each year.
Subp. 2. Voluntary termination. A licensee may indicate on the application for renewal that the licensee wishes to voluntarily terminate the license.
Subp. 3. Failure to submit renewal application. A licensee who has not renewed the license by November 30 must be notified by letter by December 30. The letter must be sent to the last known address of the licensee in the file of the board and must state that the renewal is overdue and that failure to pay the current fee and current late fee by January 30 will result in termination of the license. A second notice must be sent by first class mail to each licensee who has not paid the renewal fee and late fee at least seven days before the first board meeting to occur after January 30. This notice must state that board action will be taken to terminate the license of a person who has not responded to the first notice.Subp. 4. Termination due to nonrenewal of license. The board shall terminate the license of a licensee whose license renewal has not been received by January 30 and to whom notification has been sent as provided in subpart
3250.0050 FEE SCHEDULE.Subpart 1. Application fees. Application fees must be submitted along with an application to the board office. The fees are as follows:
C. dietitian without registration by the Commission on Dietetic Registration, $175; and D. dietitian with registration by the Commission on Dietetic Registration, $100.
Subp. 2. Licensing fee. An initial licensing fee must be submitted along with the application for licensure to the board office. The initial licensing fee is $150.
Subp. 3. License renewal fee. Annual renewal fees are due by November 30 of each year. The annual renewal fee is $75.
Subp. 4. Late renewal penalty. Renewal requests postmarked after November 30 shall be assessed a late penalty fee equal to 50 percent of the current annual renewal fee.STAT AUTH: MS s 148.623; 148.624; 214.06
The primary purpose of continuing education is to ensure the public of an optimum quality of dietetic and nutrition care by requiring dietitians and nutritionists to take part in educational programs designed to advance their professional skills and knowledge.STAT AUTH: MS s 148.623; 214.06; 214.12
Subpart 1. Scope. For the purposes of parts 3250.0110 to 3250.0150, the terms in this part have the meanings given them.
Subp. 2. Program. "Program" means an educational activity related to the practice of dietetics and nutrition that offers a specified number of continuing education units. Programs shall be approved by the board or a boardrecognized reviewer.
Subp. 3. Unit. "Unit" means the equivalent of one clock hour of credit for participation in a program. Units per program shall be determined by the board or board-recognized reviewer. Refreshment breaks and lunches do not count for unit credit.
Subp. 4. Board-recognized reviewer. "Board-recognized reviewer" means an organization, approved by the board, that has and maintains current knowledge of dietetics and nutrition necessary to determine whether the program content meets the criteria outlined in part 3250.0130.STAT AUTH: MS s 148.623; 214.06; 214.12
3250.0120 REQUIRED CONTINUING EDUCATION.
Each person licensed to practice dietetics and nutrition in this state shall, as a prerequisite for the continued renewal of the person's license, obtain a minimum of 45 continuing education units every three years by participating in board-approved continuing education programs.STAT AUTH: MS s 148.623; 214.06; 214.12
3250.0125 QUALIFYING UNITS.
In order to meet the requirements of part 3250.0120, programs and the assigned number of units for the program must be approved by the board. The board shall approve programs that meet the criteria specified in part 3250.0130. Alternatively, the board shall accept programs approved by board-recognized reviewers. Board approval of programs may be sought by the licensed individual or the sponsor of a program. Board approval of programs may be sought either in advance of or after participation in the program. Units may be obtained through a variety of formats, including, but not limited to, classes, conferences, correspondence study courses, lectures, seminars, study groups, exhibits, poster presentations, and publications.STAT AUTH: MS s 148.623; 214.06; 214.12
3250.0130 CONTINUING EDUCATION APPROVAL CRITERIA.The board and board-recognized reviewers shall use the following criteria to determine whether to approve continuing education programs and to determine how many units to assign to each program:
3250.0135 RECORD OF APPROVED PROGRAMS.
The board shall maintain a record of approved programs and recognized reviewers of continuing education.STAT AUTH: MS s 148.623; 214.06; 214.12
3250.0140 SCHEDULE OF REQUIRED CONTINUING EDUCATION UNITS.A. Continuing education cycles shall run every three years, beginning December 1, 1997.
3250.0145 REPORTING CONTINUING EDUCATION.A. Every three years beginning November 30, 2000, each individual licensed by the board shall report to the board approved continuing education units obtained during the preceding three years. The number of reported units shall be at least 45 or the appropriate portion of units as specified in part 3250.0140. In addition to reporting continuing education units on the form provided by the board, each licensee shall be prepared to provide to the board, upon request, evidence of completion of all reported units.
3250.0150 REINSTATEMENT.A licensee who voluntarily terminated the license or whose license was terminated by board action shall, in order to have the licensee's license reinstated: