Bill Text: TX SB18 | 2023 | 88th Legislature 3rd Special Session | Introduced

Texas Senate Bill 18 (Prior Session Legislation)

Introduced

Bill Title: Relating to the licensing and regulation of dietitians.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-10-06 - Filed [SB18 Detail]

Download: Texas-2023-SB18-Introduced.html

	88S30102 SHH-F

	By: Zaffirini	S.B. No. 18



	A BILL TO BE ENTITLED
	AN ACT
	relating to the licensing and regulation of dietitians.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 701.002, Occupations Code, is amended by
	amending Subdivision (1-a) and adding Subdivisions (1-b), (1-c),
	(10), and (11) to read as follows:
	(1-a) "Certifying entity" means:
	(A) the Commission on Dietetic Registration; or
	(B) another entity that has standards equivalent
	to the standards of the entity described by Paragraph (A), is
	accredited by the National Commission for Certifying Agencies to
	issue credentials for the professional practice of dietetics, and
	is approved by the department.
	(1-b) "Commission" means the Texas Commission of
	Licensing and Regulation.
	(1-c) "Commission on Dietetic Registration" means the
	commission that is accredited by the National Commission for
	Certifying Agencies to issue credentials for the professional
	practice of dietetics.
	(10) "Registered dietitian" means a person who is
	credentialed by a certifying entity as a registered dietitian.
	(11) "Registered dietitian nutritionist" means a
	person who is credentialed by a certifying entity as a registered
	dietitian nutritionist.
	SECTION 2. Sections 701.251(b) and (c), Occupations Code,
	are amended to read as follows:
	(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 that title [~~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 dietitian
	or registered dietitian nutritionist [~~by the Commission on Dietetic~~
	~~Registration~~], a person may not, as applicable:
	(1) use the title or represent or imply that the person
	has the title "registered dietitian" or "registered dietitian
	nutritionist" or use the letters "RD" or "RDN"; or
	(2) use a facsimile of those titles [~~that title~~] to
	indicate or imply that the person is a [~~dietitian~~] registered
	dietitian or registered dietitian nutritionist [~~by the Commission~~
	~~on Dietetic Registration~~].
	SECTION 3. Subchapter F, Chapter 701, Occupations Code, is
	amended by adding Section 701.2525 to read as follows:
	Sec. 701.2525. LICENSE QUALIFICATIONS. An applicant for a
	dietitian license must provide evidence satisfactory to the
	department that the applicant:
	(1) is a registered dietitian or registered dietitian
	nutritionist;
	(2) has met the following education and experience
	requirements:
	(A) possesses at least a master's degree,
	accepted by the certifying entity, conferred by a regionally
	accredited college or university under an accredited program that
	is recognized by the United States Secretary of Education under the
	Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.); and
	(B) has completed an internship, didactic
	program, or other supervised experience or practice program in
	dietetics practice that is accepted by the certifying entity and is
	accredited by a body recognized by the United States Secretary of
	Education under the Higher Education Act of 1965 (20 U.S.C. Section
	1001 et seq.);
	(3) has passed the examination given by the applicable
	certifying entity;
	(4) is in compliance with all professional, ethical,
	and disciplinary standards established by the applicable
	certifying entity; and
	(5) is not subject to any disciplinary action by the
	applicable certifying entity.
	SECTION 4. Sections 701.2575(a) and (b), Occupations Code,
	are amended to read as follows:
	(a) The department shall develop and administer [~~at least~~
	~~twice each calendar year~~] a jurisprudence examination to determine
	an applicant's knowledge of this chapter, commission rules under
	this chapter, and any other applicable laws of this state affecting
	the applicant's dietetics practice.
	(b) In addition to the [~~license~~] examination required by
	Section 701.2525 [~~701.253~~], an applicant must pass a jurisprudence
	examination to qualify for a license under this chapter.
	SECTION 5. Section 701.304, Occupations Code, is amended to
	read as follows:
	Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission
	or department may refuse to renew the license of a person who fails
	to pay an administrative penalty imposed against the person under
	Subchapter F, Chapter 51 [K], unless enforcement of the penalty is
	stayed or a court has ordered that the administrative penalty is not
	owed.
	SECTION 6. The following provisions of the Occupations Code
	are repealed:
	(1) Section 701.002(9);
	(2) Section 701.1511;
	(3) Section 701.251(a);
	(4) Section 701.253;
	(5) Section 701.254; and
	(6) Section 701.403.
	SECTION 7. (a) The changes in law made by this Act to
	Subchapter F, Chapter 701, Occupations Code, apply only to an
	application for a dietitian license submitted on or after June 1,
	2024. An application for a dietitian license submitted before June
	1, 2024, is governed by the law in effect immediately before the
	effective date of this Act, and the former law is continued in
	effect for that purpose.
	(b) A person who holds a dietitian license under Chapter
	701, Occupations Code, on the effective date of this Act may
	continue to renew that license without complying with Section
	701.2525, Occupations Code, as added by this Act.
	(c) Notwithstanding Section 701.2525, Occupations Code, as
	added by this Act, a person who was credentialed as a registered
	dietitian or registered dietitian nutritionist as defined by
	Section 701.002, Occupations Code, as amended by this Act, before
	June 1, 2024, and who continues to hold that credential may apply
	for a dietitian license without complying with Subchapter F,
	Chapter 701, Occupations Code, as amended by this Act. An
	application for a dietitian license submitted by a person described
	by this subsection is governed by the law in effect immediately
	before the effective date of this Act, and the former law is
	continued in effect for that purpose.
	SECTION 8. This Act takes effect on the 91st day after the
	last day of the legislative session.