section .0100 – LICENSURE
21 NCAC 17 .0101 DEFINITIONS
As used in this Chapter, the following terms and phrases,
which have not already been defined in the Practice Act, G.S. 90-350 through
90-369, have the meanings specified:
(1) "Act" means Dietetics/Nutrition Practice
Act.
(2) "ADA" means The American Dietetic
Association.
(3) "Applicant" means any person who has
applied to the Board for a license to practice dietetics/nutrition in the State
of North Carolina.
(4) "Application" means a written request
directed to and received by the Board, on forms supplied by the Board, for a
license to practice dietetics/nutrition in the State of North Carolina,
together with all information, documents and other materials necessary for the
Board to act on that application.
(5) "CDR" means the Commission on Dietetic
Registration which is a member of the National Commission for Health Certifying
Agencies.
(6) "CADE" means the Commission on Accreditation
for Dietetics Education.
(7) "Degree" means a degree received from a
college or university that was regionally accredited at the time the degree was
conferred.
(8) "Dietitian/nutritionist" means one
engaged in dietetics/nutrition practice.
(9) "Executive Secretary" means the person
employed to carry out the administrative functions of the Board.
(10) "Health care practitioner" includes any
individual who is licensed under G.S. 90.
(11) "Nutrition assessment" means the
evaluation of the nutrition needs of individuals and groups based upon
biochemical, anthropometric, physical, and food intake and diet history data to
determine nutritional needs and recommend appropriate nutrition intake
including enteral and parenteral nutrition.
(12) "Nutrition counseling" means the advice
and assistance provided by licensed dietitians/nutritionists to individuals or
groups on nutrition intake by integrating information from the nutrition
assessment with information on food and other sources of nutrient and meal preparation
consistent with cultural background, socioeconomic status and therapeutic
needs.
(13) "Provisionally licensed
dietitian/nutritionist" means a person provisionally licensed under the act.
(14) "Equivalent major course of study" means
one which meets the knowledge requirements of the ADA-Approved Didactic Program
in Dietetics as referenced in the most current edition of the "Eligibility
Requirements and Accreditation Standards for Didactic Programs in Dietetics
(DPD)" which is hereby incorporated by reference including any subsequent
amendments and editions of the referenced material. Copies of this manual are
available at no charge through the ADA's website at:
http://www.eatright.org/CADE/content.aspx?id=57.
(15) "Supervised practice program" means one
which meets the standards of the ADA-accredited Dietetic Internship Program as
referenced in the most current edition of the "Eligibility Requirements
and Accreditation Standards for Dietetic Internship Programs (DI)" which
is hereby incorporated by reference including any subsequent amendments and
editions of the referenced material. Copies of this manual are available at no
charge through the ADA's website at:
http://www.eatright.org/CADE/content.aspx?id=57.
(16) "Medical nutrition therapy" (MNT) is an
evidence-based application of the Nutrition Care Process, as currently defined
by the ADA, focused on prevention, delay or management of diseases and
conditions, and involves an in-depth assessment, periodic reassessment and
intervention. The ADA's definition of "Nutrition Care Process,"
which is listed in the ADA's "Definition of Terms List," is hereby
incorporated by reference including any subsequent amendments and editions of
the referenced material. Copies of this publication can be found on the ADA's
website at: http://www.eatright.org/HealthProfessionals/content.aspx?id=6867.
History Note: Authority G.S. 90-352; 90-356;
Temporary Adoption Eff. March 19, 1992 for a period of
180 days to expire on September 13, 1992;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0001 Eff. February 1, 1995;
Amended Eff. December 1, 2011; April 1, 2010; July 18,
2002; March 1, 1996.
21 NCAC 17 .0102 requirement of
license
History Note: Authority G.S. 90‑352; 90‑356;
Filed as a Temporary Adoption Eff. March 19, 1992 for a
Period of 180 Days to Expire on September 13, 1992;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0002 Eff. February 1, 1995;
Amended Eff. March 1, 1996;
Repealed Eff. July 18, 2002.
21 NCAC 17 .0103 QUALIFICATIONS FOR LICENSURE
Each applicant for an initial license as a licensed
dietitian/nutritionist shall meet the qualifications as set forth in G.S.
90-357.
History Note: Authority G.S. 90-356; 90-357;
Temporary Adoption Eff. March 19, 1992 for a Period of
180 Days to Expire on September 13, 1992;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0003 Eff. February 1, 1995;
Amended Eff. December 1, 2011; July 18, 2002.
21 NCAC 17 .0104 APPLICATIONS
(a) Each applicant for initial licensure or renewal shall
file a completed application with the Board.
(b) Applicants shall submit an application that is typed or
written in ink, signed by the applicant under the penalty of perjury and
accompanied by the appropriate nonrefundable fees and by such evidence,
statements or documents showing to the satisfaction of the Board that applicant
meets requirements.
(c) Applicants shall submit a completed application to:
North Carolina Board of Dietetics/Nutrition, 1000 Centre Green Way, Suite 200, Cary,
NC 27513.
(d) Applications and all documents filed in support thereof
shall become the property of the Board upon receipt.
(e) The Board shall not consider an application until the
applicant pays the application fee.
(f) Applicants seeking examination eligibility from the
Board must submit the application at least 60 days prior to the date the
applicant wishes to take the examination.
(g) The Executive Secretary shall send a notice to an
applicant who does not complete the application which lists the additional
materials required.
(h) Applicants, who must provide evidence of current
registration as a Registered Dietitian by the CDR in G.S. 90-357(3)a, shall
submit a notarized photocopy of the applicant's signed registration
identification card.
(i) Applicants, who must provide evidence of completing
academic requirements in G.S. 90-357(3) b.1, c.1 and d, shall either:
(1) Submit transcripts and a verification
statement which includes the original signature of the Program Director of a
college or university in which the course of study has been approved by the
Commission on Accreditation for Dietetics Education as meeting the current
knowledge requirements of the ADA; or
(2) Submit sufficient documentation for the
Board to determine if the equivalent major course of study meets the ADA
requirements as referenced in 21 NCAC 17 .0101(14).
(j) Applicants, who must provide evidence of completing
supervised practice program in G.S. 90-357(3)b.2 and c.2, shall either:
(1) Submit a verification statement which
includes the original signature of the Program Director or Sponsor of a
supervised practice program; or
(2) Submit sufficient documentation for the
Board to determine if the supervised practice program meets the ADA
requirements as referenced in 21 NCAC 17 .0101(15).
(k) Applicants who have obtained their education outside of
the United States and its territories must:
(1) Have their academic degree evaluated by
CDR, as equivalent to the baccalaureate or higher degree conferred by a U.S.
college or university accredited by the regional accrediting agencies
recognized by the Council on Postsecondary Accreditation and the U.S.
Department of Education; and
(2) Have any Board required documents submitted
in a language other than English be accompanied by a certified translation
thereof in English from World Education Services, Inc.
History Note: Authority G.S. 90-356;
Temporary Adoption Eff. March 19, 1992 for a Period of
180 Days to Expire on September 13, 1992;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0004 Eff. February 1, 1995;
Amended Eff. December 1, 2011; July 18, 2002; March 1,
1996.
21 NCAC 17 .0105 EXAMINATION FOR LICENSURE
(a) The Board
approves the examination offered by the Commission on Dietetic Registration
(CDR).
(b) The
examination shall be offered by ACT year round at designated ACT testing
centers to qualified applicants for licensing.
(c) The Board
recognizes the passing score set by the CDR.
History Note: Filed as a Temporary Adoption Eff. March
19, 1992 for a Period of 180 Days to Expire on September 13, 1992;
Authority G.S. 90‑356; 90‑359;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0005 Eff. February 1, 1995;
Amended Eff. July 18, 2002.
21 NCAC 17 .0106 GRANTING LICENSE WITHOUT EXAMINATION
If an applicant
seeks licensure on the basis that the applicant currently holds a valid license
as a licensed dietitian/nutritionist issued by another state, political
territory or jurisdiction with equivalent requirements, the applicant shall
attach to the application evidence that:
(1) The
applicant currently holds a license in good standing; and
(2) The
requirements of the state, political territory or jurisdiction are equivalent
to those of this state.
History Note: Filed as a Temporary Adoption Eff. March
19, 1992 for a Period of 180 Days to Expire on September
13, 1992;
Authority G.S. 90‑356; 90‑360;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0006 Eff. February 1, 1995.
21 NCAC 17 .0107 PROVISIONAL LICENSE
(a) Applicants for a provisional license shall provide
evidence of completing academic requirements by:
(1) Submitting transcripts and a verification
statement which includes the original signature of the Program Director of a
college or university in which the course of study has been approved by the
Commission on Accreditation for Dietetics Education as meeting the current
knowledge requirements of the ADA; or
(2) Submit sufficient documentation for the
Board to determine if the equivalent major course of study meets the ADA
requirements as referenced in 21 NCAC 17 .0101(14).
(b) Applicants shall provide evidence of completing a supervised
practice program by:
(1) Submitting a verification statement which
includes the original signature of the Program Director or Sponsor of a
supervised practice program which has been approved by CDR to meet the dietetic
practice requirements of ADA; or
(2) Submit sufficient documentation for the
Board to determine if the supervised practice program meets the ADA
requirements as referenced in 21 NCAC 17 .0101(15).
(c) Applicants shall provide evidence of making application
to take the examination.
(d) A provisional license shall be issued for a period not
exceeding one year upon the applicant completing the following:
(1) payment of issuance fees;
(2) submission of a completed application as provided
by the Board; and
(3) provision of evidence of being under the
supervision of licensed dietitian(s)/nutritionist(s).
(e) Following the successful completion of the licensing
examination, the provisionally licensed dietitian/nutritionist shall remit
completed application for upgrading license, payment of fees, and evidence of
passing examination referenced in 21 NCAC 17 .0105. If the provisionally
licensed dietitian/nutritionist successfully completes the licensing
examination and obtains a license pursuant to G.S. 90-357 within six months of
the date that the provisional license became effective, the provisional license
or renewal fee shall be deducted from the issuance fee.
History Note: Authority G.S. 90-356; 90-361;
Temporary Adoption Eff. March 19, 1992 for a Period of 180
Days to Expire on September 13, 1992;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0007 Eff. February 1, 1995;
Amended Eff. December 1, 2011; July 18, 2002; March 1,
1996; February 1, 1995.
21 Ncac 17 .0108 DISAPPROVED APPLICATION
The Board shall
not approve an applicant for licensure if the applicant:
(1) Has not completed the requirements in G.S. 90-350
through G.S. 90-369 including academic, experience and examination
requirements;
(2) Has failed to remit any applicable fees;
(3) Has
failed to comply with requests for supporting documentation; and
(4) Has presented false information on application
documents required by the Board to verify applicant's qualifications for
licensure.
History Note: Filed as a Temporary Adoption Eff. March
19, 1992 for a Period of 180 Days to Expire on September 13, 1992;
Authority G.S. 90‑356; 90‑358;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0008 Eff. February 1, 1995;
Amended Eff. July 18, 2002.
21 NCAC 17 .0109 ISSUANCE AND RENEWAL OF LICENSE
(a) An applicant shall be issued a license based on
compliance with requirements stated in G.S. 90-357 and the rules in this
Chapter.
(b) A licensee shall notify the Board of any change in the
licensee's personal or professional address within 30 days of that change.
(c) Licenses shall expire on March 31 of every year.
Beginning in 1993, the licenses shall be issued for a period of one year
beginning April 1 and ending March 31.
(d) At least 60 days prior to the expiration date of the
license, the Board shall send the licensee written notice of the amount of
renewal fee due, and instructions on how to obtain a license renewal form which
must be submitted with the required fee.
(e) A licensee's renewal application must be postmarked
prior to the expiration date in order to avoid the late renewal fee. Failure to
receive renewal notice is not justification for late renewal.
(f) The Board may not renew the license of a person who is
in violation of the Act, or Board rules at the time of application for renewal.
(g) Applicants for renewal of licenses shall provide
documentation of having met continuing education requirements by submitting either:
(1) Evidence of completing continuing education
hours to maintain certification as a Registered Dietitian by the Commission on
Dietetic Registration. These standards are contained in the "Professional
Development Portfolio Guide", which is hereby incorporated by reference
including subsequent amendments or additions of reference material. Copies of
this standard may be obtained at no charge from the Commission on Dietetic
Registration's website at: http://www.cdrnet.org/pdrcenter/; or
(2) A summary of continuing education on the
form provided by the Board documenting completion of 30 hours of continuing
education for a two year period. The continuing education hours must meet the
standards contained in the "Professional Development Portfolio Guide."
(h) A renewal license shall be furnished to each licensee
who meets all renewal requirements by the expiration date.
(i) The Board shall renew a license upon the payment of a
late fee within 60 days of the expiration date of March 31. If the license has
been expired for 60 days or less, the license may be renewed by returning the
license renewal form with all appropriate fees and documentation to the Board,
postmarked on or before the end of the 60-day grace period.
History Note: Authority G.S. 90-356; 90-362; 90-363;
Temporary Adoption Eff. March 19, 1992 for a Period of
180 Days to Expire on September 13, 1992;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0009 Eff. February 1, 1995;
Amended Eff. December 1, 2011; July 18, 2002; February 1,
1995.
21 Ncac 17 .0110 LICENSURE CERTIFICATE
(a) The Board shall prepare and provide to each licensee a
license certificate and license identification card. The identification card
shall contain the person's name, license number and date of expiration.
(b) License certificates shall be signed by the Chair,
Secretary and Treasurer and be affixed with the seal of the Board.
Identification cards shall bear the signature of the Chair.
(c) Any certificate or identification card issued by the
Board shall remain the property of the Board and shall be surrendered to the
Board on demand.
(d) Licensees shall comply with G.S. 90-640, Article 37,
which specifies the wearing of a name badge. The license certificate must be
displayed in a public manner as follows:
(1) The license certificate shall be displayed
in the primary place of employment of the licensee; or
(2) In the absence of a primary place of
employment or when the licensee is employed in multiple locations, the licensee
shall carry a current, Board issued license identification card.
(e) Neither the licensee nor anyone else shall display a
photocopy of a license identification card in lieu of the original license
certificate or license identification card.
(f) Neither the licensee nor anyone else shall make any
alteration on a license certificate or license identification card issued by
Board.
(g) The Board shall replace a lost, damaged or destroyed
license certificate or identification card upon receipt of a written request
from the licensee and payment of the duplicate license fee.
(h) The licensee must submit a written request within 30
days of a name change to the Board who shall re-issue a license certificate and
license identification card. Requests shall be accompanied by duplicate
license fee and documentation reflecting the change.
History Note: Filed as a Temporary Adoption Eff. March
19, 1992 for a Period of 180 Days to Expire on September 13, 1992;
Authority G.S. 90‑356; 90‑362;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0010 Eff. February 1, 1995;
Amended Eff. July 18, 2002.
21 Ncac 17 .0111 INACTIVE STATUS
(a) A licensee may have a license placed in inactive status
by written request to the Board, signed by the holder of the license or the
holder's legal guardian.
(b) While a license is in an inactive status, the licensee shall
meet the continuing education requirements each year as required by the Board's
rules, but is not required to pay the renewal fee.
(c) A license may be withdrawn from inactive status by
written request of the holder, completion of a renewal application, compliance
with continuing education requirements and payment of the current licensing
fee.
History Note: Filed as a Temporary Adoption Eff. March
19, 1992 for a Period of 180 Days to Expire on September 13, 1992;
Authority G.S. 90‑356; 90‑362;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0011 Eff. February 1, 1995;
Amended Eff. July 18, 2002.
21 NCAC 17 .0112 SUSPENSION, REVOCATION AND DENIAL OF
LICENSE
(a) The Board
may refuse to issue a license, or suspend, revoke or impose probationary
conditions and restrictions on the license of a person upon a finding of any of
the causes provided in General Statute Chapter 90, Article 25.
(b) When the
Board has probable cause to believe that a person, applicant or licensee has
violated any part of G.S. 90‑350 through 90‑369 or the rules of the
Board, the Board shall so advise the person in writing as referenced in Rule
.0116 of this Chapter and provide the person with the opportunity for a hearing
as referenced in Rule .0116 of this Chapter. The Board's final decision or
order shall be made in writing as referenced in Rule .0116 of this Chapter.
(c) A
suspended license shall be subject to expiration and may be renewed as provided
in this Section, but such renewal shall not entitle the licensee to engage in
the licensed activity until he/she is reinstated. If a license revoked on
disciplinary grounds is reinstated, the licensee must reapply and pay all
applicable fees.
History Note: Filed as a Temporary Adoption Eff. March
19, 1992 for a Period of 180 Days to Expire on September
13, 1992;
Authority G.S. 90‑356; 90‑363;
Eff. August 3, 1992;
Recodified from 21 NCAC 17 .0012 Eff. February 1, 1995;
Amended Eff. January 1, 1996.
21 ncac 17 .0113 FEES
In accordance with the provisions of the Act, the following
fees, where applicable, are payable to the Board by check or money order. Fees
are nonrefundable, except for the Issuance Fee, if application is not approved.
Application Fee $
50.00
Issuance Fee
125.00
License Renewal Fee
75.00
Late Renewal Fee
75.00
Examination Fee
150.00
Provisional License Fee
35.00
Duplicate License Certificate Fee
30.00
Duplicate License Identification Card Fee
20.00
Training Program
150.00
History Note: Authority G.S. 90‑356(2),(9);
90-361; 90‑364;
Temporary Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September 13, 1992;
Eff. June 1, 1992;
Recodifed from 21 NCAC 17 .0013 Eff. February 1, 1995;
Amended Eff. July 1, 2003; July 18, 2002; March 1, 1996; February 1, 1995.
21 NCAC 17 .0114 CODE OF ETHICS FOR PROFESSIONAL
PRACTICE AND CONDUCT
(a) Licensees, under the Act, shall comply with the
following Code of Ethics in their professional practice and conduct. The Code
reflects the ethical principles of the dietetic/nutrition professional and
outlines obligations of the licensee to self, client, society and the
profession and sets forth mandatory standards of conduct for all licensees.
(1) The licensee shall provide professional
services with objectivity and with respect for the unique needs and values of
individuals as determined through the nutritional assessment.
(2) The licensee shall conduct all practices of
dietetics/nutrition with honesty and integrity.
(3) The licensee shall present substantiated
information and interpret controversial information without personal bias,
recognizing that legitimate differences of opinion exist.
(4) The licensee shall practice
dietetics/nutrition based on scientific principles and current information.
(5) The licensee shall assume responsibility
and accountability for personal competence in practice.
(6) The licensee shall inform the public of
his/her services by using factual information and shall not advertise in a
false or misleading manner.
(7) The licensee shall not exercise undue
influence on a client, including the promotion or the sale of services or products.
The licensee shall be alert to any conflicts of interest and shall provide
full disclosure when a real or potential conflict of interest arises.
(8) The licensee shall not reveal information
about a client obtained in a professional capacity, without prior consent of
the client, except as authorized or required by law and shall make full
disclosure about any limitations on his/her ability to guarantee this.
(9) The licensee shall recognize and exercise
professional judgment within the limits of the licensee's qualifications and
shall not accept or perform professional responsibilities which the licensee
knows or has reason to know that he or she is not qualified to perform.
(10) The licensee shall take action, with prior
consent of the client, to inform a client's physician or other health care
practitioner in writing in cases where a client's nutritional status indicates
a change in health status.
(11) The licensee shall give sufficient
information based on the client's ability to process information such that the
client can make his or her own informed decisions. The licensee shall not
guarantee that nutrition care services will cause any certain outcome or particular
result for the client.
(12) The licensee shall permit use of that
licensee's name for the purpose of certifying that dietetic/nutrition services
have been rendered only if the licensee has provided or supervised those
services.
(13) The licensee shall notify the Board in
writing within 30 days of the occurrence of any of the following:
(A) The Licensee seeks any medical care or professional
treatment for the chronic or persistent use of intoxicants, drugs or narcotics.
(B) The Licensee is adjudicated to be mentally
incompetent.
(C) The Licensee has been convicted or entered into a
plea of guilty or nolo contendere to any crime involving moral turpitude.
(D) The licensee has been disciplined by an agency of
another state that regulates the practice of dietetics or nutrition.
(14) The licensee shall comply with all laws and
rules concerning the profession.
(15) The licensee shall uphold the Code of Ethics
for professional practice and conduct by reporting suspected violations of the
Code and the Act to the Board.
(16) The licensee shall not interfere with an
investigation or disciplinary proceeding by willful misrepresentation of facts
to the Board or its representative or by the use of threats or harassment
against any person.
(17) The licensee shall not engage in kissing,
fondling, touching or in any activities, advances, or comments of a sexual
nature with any client or, while under the licensee's supervision, with any
student, trainee, provisional licensee or person aiding the practice of
dietetics/nutrition.
(18) The licensee shall not invite, accept, or
offer gifts, monetary incentives, or other considerations that affect or
reasonably give an appearance of affecting the licensee's professional
judgment.
(b) Conduct and circumstances which may result in
disciplinary action by the Board include the following:
(1) The licensee is a chronic or persistent
user of intoxicants, drugs or narcotics to the extent that the same impairs
his/her ability to practice dietetics/nutrition.
(2) The licensee is mentally, emotionally, or
physically unfit to practice dietetics/nutrition and is afflicted with such a
mental, emotional or physical disability as to be dangerous to the health and
welfare of a client.
(3) The licensee has been disciplined by an
agency of another state that regulates the practice of dietetics or nutrition
and at least one of the grounds for the discipline is the same or substantially
equivalent to the grounds for discipline in this state.
(4) The licensee has violated any provisions of
the Act or any of the rules in this Chapter.
History Note: Authority G.S. 90-356(3); 90-356(2);
Temporary Adoption Eff. March 19, 1992 for a period of
180 days to expire on September 13, 1992;
Eff. July 1, 1992;
Recodified from 21 NCAC 17 .0014 Eff. February 1, 1995;
Amended Eff. April 1, 2010; July 1, 2004; July 18, 2002;
March 1, 1996.
21 NCAC 17 .0115 EXEMPTIONS
History Note: Filed as a Temporary Adoption Eff. March
19, 1992 for a Period of 180 Days to Expire on September 13, 1992;
Authority G.S. 90‑356; 90‑368;
Eff. June 1, 1992;
Recodified from 21 NCAC 17 .0015 Eff. February 1, 1995;
Repealed Eff. July 18, 2002.
21 NCAC 17 .0116 VIOLATIONS, COMPLAINTS, SUBSEQUENT
BOARD ACTION, AND HEARINGS
(a) The definitions contained in G.S. 150B-2 (1), (2),
(2b), (4a), (4b), (5), (8), (8a), (8b) are incorporated by reference within
this Rule. In addition, the following definitions apply:
(1) "Administrative Law Counsel"
means an attorney whom the Board has retained to serve as procedural counsel to
advise the hearing officer concerning questions of procedure for contested
cases.
(2) "Prosecuting Attorney" means the
attorney retained by the Board to prepare and prosecute contested cases.
(b) Before the North Carolina Board of Dietetics/Nutrition
makes a final decision in any contested case, the person, applicant or licensee
affected by such decision shall be afforded an administrative hearing pursuant
to the provisions of Article 3A, Chapter 150B of the North Carolina General
Statutes. This Rule applies to the conduct of all contested cases heard before
or for the North Carolina Board of Dietetics/Nutrition. The following general
statutes, rules, and procedures apply and are incorporated by reference within
this Rule, unless another specific statute or rule of the North Carolina Board
of Dietetics/Nutrition provides otherwise:
(1) the Rules of Civil Procedure as contained
in G.S. 1A-1;
(2) the Rules of Evidence pursuant to G.S.
Chapter 8C;
(3) the General Rules of Practice for the
Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules
Volume of the North Carolina General Statutes; and
(4) Canons 1, 2 and 3 of the Code of Judicial
Conduct adopted in accordance with G.S. 7A-10.1.
Every document filed with the Board shall be signed by the
person, applicant, licensee, or the attorney who prepared the document, if it
was prepared by an attorney, and shall contain his name, title/position,
address, and telephone number. If the individual involved is a licensed
dietitian/nutritionist, the license number shall appear on all correspondence
with the Board. An original and one copy of each document shall be filed.
(c) Anyone may complain to the Board alleging that a
person, applicant or licensee has committed an action prohibited by G.S. 90-350
through G.S. 90-369 or the rules of the Board. A person wishing to complain
about an alleged violation of G.S. 90-350 through G.S. 90-369 or the rules of
the Board may notify the Executive Secretary. A complaint regarding the
Executive Secretary, the staff or the Board may be directed to the chair of the
Board or any Board member. The initial notification of a complaint may be in
writing, by telephone, or by personal visit to the Executive Secretary's
office.
Upon receipt of a complaint, the Executive Secretary, unless
the health and safety of the public otherwise requires, shall send to the
complainant an acknowledgement letter, and request the complainant complete and
file a complaint form before further action shall be taken.
(d) An Investigator or other authorized Board staff shall
investigate a complaint and shall take one or more of the following actions:
(1) determine that an allegation is groundless
and dismiss the complaint;
(2) determine that the complaint does not come
within the Board's jurisdiction, advise the complainant and, if possible, refer
the complainant to the appropriate governmental agency for handling such
complaints;
(3) determine that a nonlicensed person has
committed a prohibited action and take appropriate legal action against the
violator; or
(4) determine that a licensee has violated the
Act or the rules of the Board and propose an enforcement action authorized by
law.
(e) Whenever a complaint is dismissed or a complaint file
closed, the Executive Secretary shall give a summary report of the final action
to the Board, the complainant, and the accused party.
(f) In accordance with G.S. 150B-3(c), a license may be
summarily suspended if Board finds that the public health, safety, or welfare
requires emergency action. Such a finding shall be incorporated with the order
of the Board and the order shall be effective on the date specified in the
order or on service of the certified copy of the order at the last known
address of the licensee, whichever is later, and shall continue to be effective
during the proceedings. Failure to receive the order because of refusal of
service or unknown address does not invalidate the order. Proceedings shall be
promptly commenced.
(g) The Board, through its staff, shall issue a Letter of
Charges only upon completion of an investigation of a written complaint and
review with legal counsel or prosecuting attorney. Subsequent to an
investigation and validation of a complaint, a Letter of Charges shall be sent
on behalf of the Board to the person, applicant or licensee who is the subject
of the complaint. The Letter of Charges shall be served in accordance with
G.S. 1A-1, Rule 4, Rules of Civil Procedure. The Letter of Charges shall serve
as the Board's formal notification to the person that an allegation of possible
violation(s) of the Act or the rules of the Board has been initiated. The
Letter of Charges does not constitute a contested case. The Letter of Charges
shall include the following:
(1) a statement of the factual allegations;
(2) a citation of the relevant sections of the
statutes or rules involved;
(3) notification that a settlement conference
will be scheduled upon request;
(4) explanation of the procedure used to govern
the settlement conference;
(5) notification that if a settlement
conference is not requested, or if held, does not result in resolution of the
case, a contested case hearing will be scheduled; and
(6) an offer of voluntary surrender for alleged
violations of the Act.
A case becomes a contested case after the agency and the
person, applicant or licensee do not agree to a resolution of the dispute
through a settlement conference or either the agency or the person, applicant
or licensee requests a contested case hearing.
(h) No Board member shall discuss with any party the merits
of any case pending before the Board. If a party files in good faith an
affidavit of personal bias or other reason for disqualification of any member
of the Board, the Board shall determine the matter as part of the record in the
case.
(i) A settlement conference, if requested by the applicant
or licensee, shall be held for the purpose of attempting to resolve a dispute
through informal procedures prior to the commencement of formal administrative
proceedings. The conference shall be held in the offices of the Board, unless
another site is designated by mutual agreement of all involved parties. All
parties shall attend or be represented at the settlement conference. The
parties shall be prepared to discuss the alleged violations and the incidents
on which these are based. At the conclusion of the day during which the
settlement conference is held, a form must be signed by all parties which
indicates whether the settlement offer is accepted or rejected. Subsequent to
this decision:
(1) if a settlement is reached, the Board shall
forward a written settlement agreement containing all conditions of the
settlement to the other party(ies); or
(2) if a settlement cannot be reached, the case
shall proceed to a contested case hearing by the filing of a petition with the
Board by the agency, person, applicant, or licensee.
(j) Informal disposition may be made of a contested case or
an issue in a contested case by stipulation, agreement or consent order at any
time prior to or during the hearing of a contested case.
(k) The Board shall give the parties in a contested case a
Notice of Hearing not less than 15 calendar days before the hearing. The Notice
shall be given in accordance with G.S. 150B-38(b) and (c). The Notice shall
include:
(1) acknowledgement of service, or attempted
service, of the Letter of Charges in compliance with Paragraph (g) of this
Rule;
(2) date, time, and place of the hearing;
(3) a short and plain statement of the factual
allegations;
(4) a citation of the relevant sections of the
statutes or rules involved;
(5) notification of the right of a party to
represent himself or to be represented by an attorney;
(6) a statement that, pursuant to Paragraph (n)
of this Rule, subpoenas may be requested by the licensee to compel the
attendance of witnesses or the production of documents;
(7) a statement advising the licensee that a
notice of representation, containing the name of licensee's counsel, if any,
shall be filed with the Board not less than 10 calendar days prior to the
scheduled date of the hearing;
(8) a statement advising the licensee that a
list of witnesses for the licensee shall be filed with the Board not less than
10 calendar days prior to the scheduled date of the hearing; and
(9) a statement advising the licensee that
failure to appear at the hearing may result in the allegations of the Letter of
Charges being taken as true and that the Board may proceed on that assumption.
(l) Prehearing conferences may be held to simplify the
issues to be determined, to obtain stipulations in regards to foundations for
testimony or exhibits, to obtain stipulations of agreement on nondisputed facts
or the application of particular laws, to consider the proposed witnesses for
each party, to identify and exchange documentary evidence intended to be
introduced at the hearing, and to consider such other matters that may be
necessary or advisable for the efficient and expeditious conduct of the
hearing. The prehearing conference shall be conducted in the offices of the
Board, unless another site is designated by mutual agreement of all parties.
The prehearing conference shall be an informal proceeding and shall be
conducted by a Board-designated member. All agreements, stipulations,
amendments, or other matters resulting from the prehearing conference shall be
in writing, signed by all parties, and introduced into the record at the
beginning of the formal administrative hearing.
(m) Prehearing conferences or administrative hearings
conducted before a majority of Board members shall be held in the county where
the Board maintains its principal office, or by mutual consent in another
location which will better promote the ends of justice or better serve the
convenience of witnesses or the Board. For those proceedings conducted by an
Administrative Law Judge, the venue shall be determined in accordance with G.S.
150B-38(e). All hearings conducted by the Board shall be open to the public.
(n) The Board may issue subpoenas for the Board or a
licensee, in preparation for, or in the conduct of, a contested case. Subpoenas
for the attendance and testimony of witnesses or the production of documents or
information, either at the hearing or for the purposes of discovery, shall be
issued in accordance with G.S. 150B-39 and G.S. 1A-1, Rule 45. Requests by a
licensee for subpoenas shall be made in writing to the Board and shall include
the following:
(1) the full name and home or business address
of all persons to be subpoenaed; and
(2) the identification, with specificity, of
any documents or information being sought.
Subpoenas shall include the date, time, and place of the
hearing and the name and address of the party requesting the subpoena. In the
case of subpoenas for the purpose of discovery, the subpoena shall include the
date, time, and place for responding to the subpoena.
Subpoenas shall be served as in the manner provided by G.S.
150B-39 and G.S. 1A-1, Rule 45. The cost of service, fees, and expenses of any
witnesses or documents subpoenaed shall be paid in accordance with G.S.
150B-39(c) and G.S. 7A-314. Objections to subpoenas shall be heard in
accordance with G.S. 150B-39 and G.S. 1A-1, Rule 45.
(o) All motions related to a contested case, except motions
for continuance and those made during the hearing, shall be in writing and
submitted to the Board at least 10 calendar days before the hearing, if any, is
to be held either on the motion or the merits of the case. Prehearing motions
shall be heard at a prehearing conference or at the contested case hearing
prior to the commencement of testimony. The Board-designated hearing officer
shall hear the motions and the response from the non-moving party pursuant to
Rule 6 of the General Rules of Practice for the Superior and District Courts
and rule on such motions. If the prehearing motions are heard by an
Administrative Law Judge from Office of Administrative Hearings, the provisions
of G.S. 150B-40(e) shall govern the proceedings.
(p) Motions for a continuance of a hearing may be granted
upon a showing of good cause. Unless time does not permit, a request for a
continuance of a hearing shall be made in writing and received by the office of
the Board no less than seven calendar days before the hearing date. In
determining whether good cause exists, consideration shall be given to the
ability of the party requesting a continuance to proceed effectively without a
continuance. A motion for a continuance filed less than seven calendar days
from the date of the hearing shall be denied unless the reason for the motion
could not have been ascertained earlier. Motions for continuance filed prior
to the date of the hearing shall be ruled on by the hearing officer or the
Administrative Law Judge. All other motions for continuance shall be ruled on
by the majority of the Board members or Administrative Law Judge sitting at the
hearing. As used in this Rule:
(1) "Good cause" includes death or
incapacitating illness of a party, representative, or attorney of a party; a
court order requiring a continuance; lack of proper notice of the hearing; a
substitution of the representative or attorney of a party if the substitution
is shown to be required; a change in the parties or pleadings requiring
postponement; and agreement for a continuance by all parties if either more
time is necessary to complete mandatory preparation for the case, such as
authorized discovery, and the parties and the administrative law judge have agreed
to new hearing date or parties have agreed to a settlement of the case that has
been or is likely to be approved by the final decision maker.
(2) "Good cause" does not include
intentional delay; unavailability of counsel or other representative because of
engagement in another judicial or administrative proceeding unless all other
members of the attorney's or representative's firm familiar with the case are
similarly engaged; unavailability of a witness if the witness testimony can be
take by deposition, and failure of the attorney or representative to properly
utilize the statutory notice period to prepare for the hearing.
During a hearing, if it appears in the interest of justice
that further testimony should be received and sufficient time does not remain
to conclude the testimony, the Board shall either order the additional
testimony taken by deposition or continue the hearing to a future date for
which oral notice on the record is sufficient. In such situations and to such
extent as possible, the seated members of the Board and the Board-designated
hearing officer shall receive the additional testimony. If new members of the
Board or a different hearing officer must participate, a copy of the transcript
of the hearing shall be provided to them prior to the receipt of the additional
testimony. A continuance shall not be granted when to do so would prevent the
case from being concluded within any statutory or regulatory deadline.
(q) All hearings by the Board shall be conducted by a
majority of members of the Board, except as provided in this Paragraph. The
Board shall designate one of its members to preside at the hearing. The Board
shall designate an administrative law counsel as procedural officer to conduct
the proceedings of the hearing. The seated members of the Board shall hear all
evidence, make findings of fact and conclusions of law, and issue an order
reflecting a majority decision of the Board. When a majority of the members of
the Board is unable or elects not to hear a contested case, the Board shall
request the designation of an administrative law judge from the Office of
Administrative Hearings to preside at the hearing. The provisions of G.S.
150B, Article 3A and 21 NCAC 17 .0116 govern a contested case in which an
administrative law judge is designated as the Hearing Officer. In the event
that any party or attorney at law or other representative of a party engages in
behavior that obstructs the orderly conduct of proceedings or would constitute
contempt if done in the General Court of Justice, the Board may apply to the
applicable superior court for an order to show cause why the person(s) should
not be held in contempt of the Board and its processes.
(r) All parties may present evidence, rebuttal testimony,
and argument with respect to the issues of law and policy, and to cross-examine
witnesses. The North Carolina Rules of Evidence as found in Chapter 8C of the
General Statutes applies to contested case proceedings, except as provided
otherwise in this Rule and G.S. 150B-41. Sworn affidavits may be introduced by
mutual agreement from all parties. All oral testimony shall be under oath or
affirmation and shall be recorded. Unless otherwise stipulated by all parties,
witnesses are excluded from the hearing room until such time that they have
completed their testimony and have been released.
(s) Upon compliance with the provisions of G.S. 150B-40(e),
if applicable, and G.S. 150B-42, and review of the official record, as defined
in G.S. 150B-42(b) and (c), the Board shall make a written final decision or
order in a contested case. The final decision or order shall be rendered by the
Board meeting in quorum and by a majority of those present and voting. The
decision or order shall be made based on:
(1) competent evidence and arguments presented
during the hearing and made a part of the official record in accordance with
G.S. 150B-41 and Paragraph (r) of this Rule;
(2) stipulations of fact;
(3) matters officially noticed; and
(4) other items in the official record that are
not excluded by G.S. 150B-41 and Paragraph (r) of this Rule.
All final decisions or orders shall be signed by the
Executive Secretary and the Chair of the Board. A copy of the decision or
order shall be served as in the manner provided by G.S. 150B-41(a). The cost
of service, fees, and expenses of any witnesses or documents subpoenaed shall
be paid in accordance with G.S. 150B-39(c) and G.S. 7A-314.
(t) The official record of a contested case is available
for public inspection upon reasonable request. The official record shall be
prepared in accordance with G.S. 150B-42(b) and (c). Contested case hearings
shall be recorded either by a magnetic type recording system or a professional
court reporter using stenomask or stenotype. Transcripts of proceedings during
which oral evidence is presented shall be made only upon request of a party.
Transcript costs shall include the cost of an original for the Board. Cost of
the transcript or part thereof or copy of said transcript or part thereof which
a party requests shall be divided equally among the party(ies) requesting a
transcript. Cost shall be determined under supervision of the Executive
Secretary.
(u) The Board may recover against a licensee or person
found to be in violation of the Act or rules adopted by the Board the following
costs of disciplinary actions incurred by the Board for the investigation,
prosecution, hearing or other administrative action:
(1) witness fees and statutorily-allowed
expenses for witnesses;
(2) direct costs of the Board in taking or obtaining
of depositions of witnesses; and
(3) costs incurred by reason of administrative
or staff time of employees of the Board directly attributable to the action
leading to the final decision or order.
These costs may be assessed by the Board pursuant to final
decisions or orders of the Board following an administrative hearing pursuant
to Article 3A of Chapter 150B of the North Carolina General Statutes. These
costs may be assessed against a person or licensee for an investigation or
action in the nature of disciplinary action, other than a final decision or
order of the Board, pursuant to the express consent by the person in a consent
order approved by the Board.
History Note: Authority G.S. 90-356; 90-363; 90-370;
Temporary Adoption Eff. July 16, 1992 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. November 30, 1992;
Recodified from 21 NCAC 17 .0016 Eff. February 1, 1995;
Amended Eff. April 1, 2010; July 18, 2002; January 1,
1996.
21 NCAC 17 .0117 SUSPENSION OF AUTHORITY AND ESCROW
OF FUNDS
Not later than October 31 of each year, the Board shall file
the reports required by G.S. 93B-2. In the event the reports required by G.S.
93B-2 are not timely filed and the Board's authority to expend any funds is
therefore suspended, the Board shall deposit any fees or funds received during
the period of suspension to an escrow account established by the Board solely
for this purpose, and shall not expend such fees or funds until such time as
the required reports are filed in accordance with G.S. 93B-2.
History Note: Authority G.S. 90-356; 93B-2;
Eff. April 1, 2010.
21 NCAC 17 .0118 ARMED SERVICES LICENSEES
Upon receipt of a written request on or behalf of a licensee
who is currently in good standing with the Board, is serving in the armed
forces of the United States, and to whom G.S. 105-249 grants an extension of time
to file a tax return, the Board shall waive or postpone renewal fees, renewal
application deadlines, continuing education requirements and any other
requirement or conditions related to the maintenance of the license issued by
the Board or to the renewal thereof for a period of time not less than the
extended period of time to file a tax return that is granted pursuant to G.S.
93B-15.
History Note: Authority G.S. 90-356; 93B-15;
Eff. April 1, 2010.
21 Ncac 17 .0119 Declaratory Rulings
(a) A request for a declaratory ruling made pursuant to
G.S. 150B-4 shall be in writing and addressed to the Board at the address
provided in Rule .0104(c) of this Section. The request shall contain the
following information:
(1) the name and address of the person
requesting the ruling;
(2) the statute, rule, or order to which the
request relates;
(3) a concise statement as to whether the
request is for a ruling on the validity of a rule or on the applicability of a
statute, rule, or order to a given factual situation; and
(4) a statement as to whether a hearing is
desired, and if desired, the reason therefore.
(b) The Board shall refuse to issue a declaratory ruling
under the following circumstances:
(1) when the Board determines it has already
made a controlling decision on substantially similar facts in a contested case.
(2) when the facts underlying the request for a
ruling on a rule were specifically considered at the time of the adoption of
the rule in question; or
(3) when the subject matter of the request is
involved in pending litigation to which the Board is a party.
History Note: Authority G.S. 90-356(2); 150B-4;
Eff. June 1, 2015.
21 Ncac 17 .0120 Petitions for adoption, Amendment, or
repeal of rules
(a) Rule-making petitions made pursuant to G.S. 150B-20 shall
be sent to the Board. No special form is required, but the petitioner shall
state his or her name and address. The petition shall include:
(1) the text of the proposed rule(s) for
adoption or amendment;
(2) a statement of the reasons for the
proposal;
(3) a statement of the effect of the proposal
on existing rules or decisions;
(4) any data supporting the proposed rule
change;
(5) if known, practices likely to be affected
by the proposed rule change; and
(6) if known, persons likely to be affected by
the proposed rule change.
(b) The Board shall make a decision to grant or deny the
petition based upon a study of the facts stated in the petition, whether the
public interest will be better served by granting or denying the petition, and
any other relevant information, as determined by the Board.
History Note: Authority G.S. 90-356(2); 150B-20;
Eff. June 1, 2015.
21 ncac 17 .0121 Rule Making Notice
Persons or agencies desiring to receive notice of the
Board's rule making shall file a written request with the Board at the address
provided in Rule .0104 (c) of this Section, furnishing their name, mailing
address, and electronic mailing address, if applicable.
History Note: Authority G.S. 90-356(2); 150B-21.2(d);
Eff. June 1, 2015.
section .0200 - REVIEW AND APPROVAL OF WEIGHT CONTROL SERVICES
21 NCAC 17 .0201 DEFINITIONS
As used in G.S. 90-368(7) and this Section, the following
terms and phrases, which have not already been defined in the Practice Act,
G.S. 90-350 through 90-369, have the meanings specified:
(1) A "weight control program or service"
means a general program of instruction with food, supplements, food products or
a food plan designed for one or more healthy population groups in order to
achieve or maintain a healthy weight. A weight control program is not based on
an individual nutrition assessment as referenced in G.S. 90-352 and 21 NCAC 17 .0101(11)
and is not individualized to provide medical nutrition therapy as defined in 21
NCAC 17 .0101(16) or nutrition care services as defined in G.S. 90-352 to
manage, treat or rehabilitate a medical condition, illness, or injury for a
specific person or group;
(2) A "review" means the consideration and
evaluation of a weight control program or service, in accordance with this
Section, which results in either an approval or a disapproval of the program by
a reviewer, as defined in this Rule;
(3) "Reviewer" means a person who is:
(a) a licensed dietitian/nutritionist;
(b) a dietitian/nutritionist licensed in another
state that has licensure requirements that are at least as stringent as under
G.S. 90, Article 25; or
(c) a dietitian registered by the Commission on
Dietetic Registration of the ADA;
(4) "Weight control provider" means a person
who provides weight control services through a weight control program as
referenced in G.S. 90-368(7).
(5) "Written assessment" means a written
review and approval by a reviewer of weight control program and weight control
services with respect to the following:
(a) the screening process;
(b) the weight control food plan, supplements,
food, or food products for the program's clients;
(c) nutritional adequacy and scientific
evidence-based nutrition practices;
(d) materials, which include written nutrition
education handouts, recorded education materials, lesson or instructional
plans, food plans and screening tools;
(e) rate of weight change promoted; and
(f) provision of a maintenance or follow up
program.
History Note: Authority G.S. 90-356; 90-368;
Eff. February 1, 1995;
Amended Eff. December 1, 2011; March 1, 1996.
21 NCAC 17 .0202 REQUIREMENT FOR REVIEW
A person who
provides a weight control program or service shall be in compliance with G.S.
90-368 provided that:
(1) The
person does not hold himself/herself out to be a dietitian or nutritionist or
imply orally or in writing or indicate in any way that he/she is a
dietitian/nutritionist; and
(2) The
person providing the program follows the program that is reviewed and shall not
initiate any program change without prior approval.
History Note: Authority G.S. 90-356; 90-368;
Eff. February 1, 1995.
21 NCAC 17 .0203 REVIEW AND BOARD ACTION
(a) In order to create a presumption of compliance with the
exemption provided in G.S. 90-368(7) a weight control provider may submit to
the Board the information referenced in Paragraphs (b) and (c) of this Rule.
Submission of such information is not a prerequisite for meeting the exemption.
(b) A weight control provider shall be presumed to be in
compliance with the exemption if the provider submits to the Board:
(1) a written statement that is signed and
dated by the weight control provider that provides and certifies the following
information:
(A) the name and address of the weight control provider
and physical location of the weight control program;
(B) the name and address of a reviewer that has provided
a written assessment and approval of the weight control program and weight
control services as provided by this Rule;
(C) that a reviewer has provided a written assessment of
the weight control program and weight control services and approved the program
and services as provided by 21 NCAC 17 .0201(5);
(D) that no program change can be initiated without
prior approval of a reviewer;
(E) that the weight control provider agrees to adhere to
the weight control program, including program changes, that has been reviewed
and approved by a reviewer; and
(F) that the weight control provider agrees that if the
program is changed in relation to any of the elements of the written assessment
provided by a reviewer pursuant to this Rule that the weight control provider
shall submit to the Board a signed statement of a reviewer indicating a
reviewer's approval of the program change;
(2) a copy of a reviewer's written assessment
and approval as provided by 21 NCAC 17 .0201(5) that is dated not more than 90
days prior to the date that the weight control provider's written statement
referenced in Subparagraph (a)(1) of this Rule is submitted to the Board; and
(3) a copy of a written statement signed by a reviewer
that consultation is available to the weight control provider from the reviewer
and that states the name and address of that person.
(c) If there is a program change, after a reviewer's
written assessment and approval as provided by 21 NCAC 17 .0201(5), a weight
control provider is presumed to be in compliance with the exemption provided in
G.S. 90-368(7) if the provider submits to the Board a written statement that
provides and certifies the information required by Subparagraph (b)(1) of this
Rule and a copy of a reviewer's written assessment and approval of the program
change that is dated not more than 90 days prior to the date the weight control
provider's written statement is submitted to the Board.
History Note: Authority G.S. 90-356; 90-368;
Eff. February 1, 1995;
Amended Eff. December 1, 2011.
SECTION .0300 ‑ DIETETIC/NUTRITION STUDENTS OR TRAINEES
21 Ncac 17 .0301 Definitions
History Note: Authority G.S. 90-356(2); 90-368(2);
Eff. March 1, 1996;
Repealed Eff. July 18, 2002.
21 NCAC 17 .0302 REQUIREMENTS
A student or trainee is exempt pursuant to G.S. 90-360(2)
when enrolled in a course of study not to exceed five years. The Board may
approve or disapprove a request for an extension of the period of time based
upon circumstances beyond the control of the student or trainee.
History Note: Authority G.S. 90-356(2); 90-368(2);
Eff. March 1, 1996;
Amended Eff. July 18, 2002.
21 NCAC 17 .0303 SUPERVISION
(a) A planned, continuous program in clinical practice
pursuant to G.S. 90-357(3)b.2. shall designate a licensed
dietitian/nutritionist who shall supervise a student or trainee; and
(1) shall meet the qualifications of the
current standards of education as referenced in the most current edition of the
"Eligibility Requirements and Accreditation Standards for Dietetic
Internship Programs (DI)" which is hereby incorporated by reference
including any subsequent amendments and editions of the referenced material. Copies
of this manual are available at no charge through the ADA's website at:
http://www.eatright.org/CADE/content.aspx?id=57; and
(2) shall meet his/her employment
qualifications of the sponsoring institution, if any.
(b) In accordance with the current standards of education
referenced in this Rule, a Program Director shall:
(1) provide student/trainee advisement,
evaluation, counseling and supervision;
(2) provide academic or supervised practice
program assessment, planning, implementation and evaluation;
(3) inform student(s)/trainee(s) of laws,
regulations and standards affecting the practice of dietetics/nutrition,
including the Dietetics/Nutrition Practice Act and its Rules; and
(4) advise student(s)/trainee(s) on meeting the
requirements to be licensed to practice dietetics/nutrition.
History Note: Authority G.S. 90-356(2); 90-357;
Eff. March 1, 1996;
Amended Eff. December 1, 2011; July 18, 2002.
21 NCAC 17 .0304 RECORDS AND REPORTS
(a) Permanent and current records from approved clinical
practice programs shall be available for review by representatives of the
Board. The Board may make use of facts supplied in determining compliance with
G.S. 90-368 and in approving applications for a license.
(b) The Board may require additional records and reports
for review at any time to provide evidence and substantiate compliance with
standards of education, the law and the rules of the Board.
History Note: Authority G.S. 90-356(2); 90-368(2);
90-357;
Eff. March 1, 1996;
Amended Eff. July 18, 2002.
SECTION .0400 ‑ UNLICENSED INDIVIDUALS
21 NCAC 17 .0401 INDIVIDUALS AIDING THE PRACTICE OF
DIETETICS/NUTRITION
(a) As used in this Section, the following terms and
phrases, which have not already been defined in G.S. 90, Article 25, shall have
the meanings specified:
(1) "Certified Dietary Manager" means
an individual who is certified by the Certifying Board of the Dietary Managers.
(2) "Dietetic Technician Registered"
or "DTR" means an individual who is registered by the Commission on
Dietetic Registration of the American Dietetic Association.
(3) "Direct supervision" as
referenced in G.S. 90-368(4) means that a licensed dietitian/nutritionist
shall:
(A) be available for consultation on delegated nutrition
care activities being performed by the person being supervised, either through
on-site or through electronic communication, and shall be available to render
assistance when needed to the unlicensed personnel and patient or client, or
shall have arranged for another licensee to be available in the absence of the
licensed dietitian/nutritionist; provided that the licensed
dietitian/nutritionist shall be on-site at the service delivery site and within
audible and visual range of any unlicensed personnel person described in Subparagraph
(b)(3) of this Rule for the provision of any nutrition care activities;
(B) directly and personally examine, evaluate and
approve the acts or functions of the person supervised; and
(C) meet with the unlicensed personnel in a joint effort
to establish, maintain and elevate a level of performance to ensure the health,
safety and welfare of clients or patients during the provision of nutrition
care activities, and provide sufficient guidance and direction as to enable the
unlicensed personnel to competently perform the delegated activity or function.
(4) "Nutrition care activities" means
activities performed by unlicensed personnel which are delegated by licensed
dietitians/nutritionists in accordance with Paragraphs (c) and (d) of this Rule
and which support the provision of nutrition care services as referenced in
G.S. 90-352(4). Nutrition care activities include the provision of nutrition
care to address and mitigate a medical condition, illness or injury and the
provision of weight control programs or services, as well as community
nutrition, food service, and nutrition information or education.
(b) Unlicensed personnel aiding the practice of
dietetics/nutrition may include the following:
(1) a Certified Dietary Manager;
(2) a Dietetic Technician Registered; or
(3) an individual who has met the academic
requirements as referenced in G.S. 90-357(3)b.1, c.1 and d.
(c) The licensed dietitian/nutritionist may delegate
nutrition care activities to unlicensed personnel that are appropriate to the
level of knowledge and skill of the unlicensed personnel. The licensed
dietitian/nutritionist shall be responsible for the initial and ongoing
determination of the competence of the unlicensed personnel to perform any
delegated acts or functions. Delegation of nutrition care activities shall be
in writing and shall identify the patient or client and the act or function
assigned to the unlicensed personnel. The licensed dietitian/nutritionist shall
supervise the nutrition care activities of the unlicensed personnel and
maintain responsibility for nutrition care activities performed by all
personnel to whom the care is delegated. The licensed dietitian/nutritionist
shall not delegate the entire spectrum of nutrition care services, but may
delegate specific acts and functions which support the licensed
dietitian/nutritionist's provision of nutrition care services. The licensed
dietitian/nutritionist shall have the responsibility for clinical record
keeping, and shall ensure that case notes and other records of services
identify whether the licensed dietitian/nutritionist or the unlicensed
personnel was the direct provider of the service.
(d) The following variables shall be considered by the
licensed dietitian/nutritionist in determining whether or not an activity or
function may be delegated to unlicensed personnel:
(1) knowledge and skills of the unlicensed
personnel which include both basic educational and experience preparation and
continuing education and experience;
(2) the competence of the unlicensed personnel
for the activity or function;
(3) the variables in each service setting which
include:
(A) the complexity and frequency of nutrition care
needed by a given client population;
(B) the acuity and stability of the client's condition;
and
(C) established policies, procedures, practices, and
channels of communication of the facilities where the delegated activities or
functions are being performed which lend support to the types of nutrition care
activities being delegated, or not delegated, to unlicensed personnel; and
(4) whether the licensed dietitian/nutritionist
has the skills, experience and ability to competently supervise the unlicensed
personnel for the activity or function.
History Note: Authority G.S. 90-356(2); 90-368(4);
Eff. March 1, 1996;
Amended Eff. May 1, 2010; July 18, 2002.
21 Ncac 17 .0402 INDIVIDUALS PROVIDING NUTRITION
INFORMATION
(a) The following terms and phrases shall have the meanings
specified:
(1) "Nutrition information" means
nonfraudulent nutrition information related to food, food materials, or dietary
supplements which is designed for one or more healthy population groups and is
based on valid scientific evidence, reports and studies. Nutrition information
is not based on an individual nutrition assessment as referenced in G.S. 90-352
or medical nutrition therapy as referenced in 21 NCAC 17 .0101(11) and is not
individualized to provide nutrition care services to prevent, manage, treat,
cure or rehabilitate a medical condition, illness, or injury for a specific
person or group as referenced in G.S. 90-352 and 21 NCAC 17 .0101(12).
(2) "Reported or historical use"
means information about food, food materials or dietary supplements which is
based on the following:
(A) historical or methodological studies or research
conducted by experts in the field using sound scientific methods with
randomized controlled clinical trials; or
(B) reports on valid scientific studies published in
peer-reviewed medical or dietetics and nutrition journals or publications.
(b) The Board shall deem an individual who provides nutrition
information or education to be in compliance with G.S. 90-368(9) when:
(1) The person does not hold himself/herself
out to be a dietitian or nutritionist or imply orally or in writing or indicate
in any way that he/she is a dietitian/nutritionist;
(2) The person does not provide nutrition care
services or nutrition care activities which have not been delegated to him/her
by a licensed dietitian/nutritionist;
(3) The person provides nutrition information
on or about food, food materials or dietary supplements, and does not provide
nutrition information on the nutritional needs of the consumer;
(4) The person provides nutrition information
in connection with the marketing and distribution of the food, food materials,
dietary supplements or other goods to be provided or sold, and does not provide
nutrition information in connection with the marketing and distribution of
nutrition services;
(5) The person provides nonfraudulent nutrition
information which is based on scientific reports and studies, is not false or
misleading, and is safe; and
(6) The person provides the nutrition
information on food, food materials, nutraceuticals, dietary supplements or
other goods in accordance with federal, state and local laws, regulations and
ordinances, including but not limited to G.S. 90, Article 25.
History Note: Authority G.S. 90-356(2); 90-368;
Eff. March 1, 1996;
Amended Eff. July 18, 2002.
21 NCAC 17 .0403 ELECTRONIC PRACTICE
Any person, whether residing in this state or not, who by
use of electronic or other medium performs any of the acts described as the
practice of dietetics/nutrition, but is not licensed pursuant to Article 25 of
G.S. 90 shall be deemed by the Board as being engaged in the practice of
dietetics/nutrition and subject to the enforcement provisions available to the
Board. Among other remedies, the Board shall report violations of this Rule to
any occupational licensing board having issued an occupational license to a
person who violates this Rule. This Rule does not apply to persons licensed
pursuant to, or exempt from licensure pursuant to, Article 25 of G.S. 90.
History Note: Authority G.S. 90‑356;
Eff. February 1, 2006.
