[Rev. 2/11/2015 11:45:13
AM--2014R2]
CHAPTER 640E - DIETETICS
GENERAL PROVISIONS
NRS 640E.010 Legislative
declaration.
NRS 640E.020 Definitions.
NRS 640E.030 “Board”
defined.
NRS 640E.040 “Licensed
dietitian” defined.
NRS 640E.050 “Medical
nutrition therapy” defined.
NRS 640E.060 “Nutrition
services” defined.
NRS 640E.070 “Practice
of dietetics” defined.
NRS 640E.080 “Registered
dietitian” defined.
NRS 640E.090 Applicability
of chapter.
ADMINISTRATION
NRS 640E.100 Maintenance
of records by Board.
NRS 640E.110 Regulations;
additional duties of Board.
NRS 640E.120 Acceptance
of gifts and grants by Board; contracts.
NRS 640E.130 Board
authorized to establish Dietitian Advisory Group.
LICENSES; PRACTICE
NRS 640E.140 Purpose;
revocable privilege.
NRS 640E.150 Application;
fee; submission of fingerprints.
NRS 640E.160 Submission
of evidence of equivalent degree by certain applicants.
NRS 640E.170 Practice
of dietetics without license while under supervision of licensed dietitian;
limitation.
NRS 640E.180 Provisional
license: Qualifications; expiration; limitations.
NRS 640E.190 Temporary
license: Qualifications; limitations; expiration.
NRS 640E.200 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 640E.200 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 640E.210 Waiver
of certain requirements for licensure by Board.
NRS 640E.220 Expiration
and renewal of license.
NRS 640E.230 Issuance
of license to qualified applicants.
NRS 640E.240 Fees:
Board to adopt regulations establishing fees.
NRS 640E.250 Reinstatement
of license.
NRS 640E.260 Duties
of licensed dietitian; authorized services; prohibition from providing person
with medical diagnosis.
DISCIPLINARY ACTION
NRS 640E.270 Grounds
for denial, refusal to renew, revocation or suspension of license or other
disciplinary action; collection of costs.
NRS 640E.280 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 640E.290 Administrative
complaint; notice; investigation; hearing.
NRS 640E.300 Delegation
of authority to conduct hearings by Board.
NRS 640E.310 Subpoenas;
oaths.
NRS 640E.320 Enforcement
of subpoenas by district court.
NRS 640E.330 Time
for rendering decision; notice of decision required; effective date of
decision.
NRS 640E.340 Certain
records relating to investigation deemed confidential; certain records relating
to disciplinary action deemed public records; communication and cooperation
with other agencies.
NRS 640E.350 Injunctive
relief.
NRS 640E.360 Prohibited
acts.
NRS 640E.370 Penalties.
_________
GENERAL PROVISIONS
NRS 640E.010 Legislative declaration. The
Legislature hereby declares that the practice of dietetics is a learned
profession affecting the safety, health and welfare of the public and is
subject to regulation to protect the public from the practice of dietetics by
unqualified and unlicensed persons and from unprofessional conduct by persons
licensed to practice dietetics.
(Added to NRS by 2011, 1498)
NRS 640E.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 640E.030 to 640E.080, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2011, 1498)
NRS 640E.030 “Board” defined. “Board”
means the State Board of Health.
(Added to NRS by 2011, 1498)
NRS 640E.040 “Licensed dietitian” defined. “Licensed
dietitian” means a person licensed pursuant to this chapter to engage in the
practice of dietetics or to provide nutrition services, including, without
limitation, medical nutrition therapy.
(Added to NRS by 2011, 1498)
NRS 640E.050 “Medical nutrition therapy” defined. “Medical
nutrition therapy” means the use of nutrition services by a licensed dietitian
to manage, treat or rehabilitate a disease, illness, injury or medical
condition of a patient.
(Added to NRS by 2011, 1498)
NRS 640E.060 “Nutrition services” defined. “Nutrition
services” means the performance of acts designated by the Board which are
within the practice of dietetics.
(Added to NRS by 2011, 1498)
NRS 640E.070 “Practice of dietetics” defined.
1. “Practice of dietetics” means the
performance of any act in the nutrition care process, including, without
limitation, assessment, evaluation, diagnosis, counseling, intervention,
monitoring and treatment, of a person which requires substantial specialized
judgment and skill based on the knowledge, application and integration of the principles
derived from the sciences of food, nutrition, management, communication,
biology, behavior, physiology and social science to achieve and maintain proper
nourishment and care of the health of the person.
2. The term does not include acts of
medical diagnosis.
(Added to NRS by 2011, 1498)
NRS 640E.080 “Registered dietitian” defined. “Registered
dietitian” means a person who is registered as a dietitian by the Commission on
Dietetic Registration of the Academy of Nutrition and Dietetics.
(Added to NRS by 2011, 1498)
NRS 640E.090 Applicability of chapter.
1. The provisions of this chapter do not
apply to:
(a) Any person who is licensed or registered in
this State as a physician pursuant to chapter 630,
630A or 633
of NRS, dentist, nurse, dispensing optician, optometrist, occupational
therapist, practitioner of respiratory care, physical therapist, podiatric
physician, psychologist, marriage and family therapist, chiropractor, athletic
trainer, massage therapist, perfusionist, doctor of Oriental medicine in any form,
medical laboratory director or technician or pharmacist who:
(1) Practices within the scope of that
license or registration;
(2) Does not represent that he or she is a
licensed dietitian or registered dietitian; and
(3) Provides nutrition information
incidental to the practice for which he or she is licensed or registered.
(b) A student enrolled in an educational program
accredited by the Commission on Accreditation for Dietetics Education of the
Academy of Nutrition and Dietetics, if the student engages in the practice of
dietetics under the supervision of a licensed dietitian or registered dietitian
as part of that educational program.
(c) A registered dietitian employed by the Armed
Forces of the United States, the United States Department of Veterans Affairs or
any division or department of the Federal Government in the discharge of his or
her official duties, including, without limitation, the practice of dietetics
or providing nutrition services.
(d) A person who furnishes nutrition information,
provides recommendations or advice concerning nutrition, or markets food, food
materials or dietary supplements and provides nutrition information,
recommendations or advice related to that marketing, if the person does not
represent that he or she is a licensed dietitian or registered dietitian. While
performing acts described in this paragraph, a person shall be deemed not to be
engaged in the practice of dietetics or the providing of nutrition services.
(e) A person who provides services relating to
weight loss or weight control through a program reviewed by and in consultation
with a licensed dietitian or physician or a dietitian licensed or registered in
another state which has equivalent licensure requirements as this State, as
long as the person does not change the services or program without the approval
of the person with whom he or she is consulting.
2. As used in this section, “nutrition
information” means information relating to the principles of nutrition and the
effect of nutrition on the human body, including, without limitation:
(a) Food preparation;
(b) Food included in a normal daily diet;
(c) Essential nutrients required by the human
body and recommended amounts of essential nutrients, based on nationally
established standards;
(d) The effect of nutrients on the human body and
the effect of deficiencies in or excess amounts of nutrients in the human body;
and
(e) Specific foods or supplements that are
sources of essential nutrients.
(Added to NRS by 2011, 1498)
ADMINISTRATION
NRS 640E.100 Maintenance of records by Board.
1. The Board shall make and keep a
complete record of all its proceedings pursuant to this chapter, including,
without limitation:
(a) A file of all applications for licenses
pursuant to this chapter, together with the action of the Board upon each
application;
(b) A register of all licensed dietitians in this
State; and
(c) Documentation of any disciplinary action
taken by the Board against a licensee.
2. The Board shall maintain in its main
office a public docket or other record in which it shall record, from time to
time as made, the rulings or decisions upon all complaints filed with the Board
and all investigations instituted by it, upon or in connection with which any
hearing has been held or in which the licensee charged has made no defense.
(Added to NRS by 2011, 1500)
NRS 640E.110 Regulations; additional duties of Board.
1. The Board may:
(a) Adopt regulations establishing reasonable
standards:
(1) For the denial, renewal, suspension
and revocation of, and the placement of conditions, limitations and
restrictions upon, a license to engage in the practice of dietetics.
(2) Of professional conduct for the
practice of dietetics.
(b) Investigate and determine the eligibility of
an applicant for a license pursuant to this chapter.
(c) Carry out and enforce the provisions of this
chapter and the regulations adopted pursuant thereto.
2. The Board shall adopt regulations
establishing reasonable:
(a) Qualifications for the issuance of a license
pursuant to this chapter.
(b) Standards for the continuing professional competence
of licensees. The Board may evaluate licensees periodically for compliance with
those standards.
3. The Board shall adopt regulations
establishing a schedule of reasonable fees and charges for:
(a) Investigating licensees and applicants for a
license pursuant to this chapter;
(b) Evaluating the professional competence of
licensees;
(c) Conducting hearings pursuant to this chapter;
(d) Duplicating and verifying records of the
Board; and
(e) Surveying, evaluating and approving schools
and courses of dietetics,
Ê and may
collect the fees established pursuant to this subsection.
4. The Board may adopt such other
regulations as it determines necessary to carry out the provisions of this
chapter relating to the practice of dietetics.
(Added to NRS by 2011, 1500)
NRS 640E.120 Acceptance of gifts and grants by Board; contracts. The Board may:
1. Accept gifts or grants of money to pay
for the costs of administering the provisions of this chapter.
2. Enter into contracts with other public
agencies and accept payment from those agencies to pay the expenses incurred by
the Board in carrying out the provisions of this chapter relating to the
practice of dietetics.
(Added to NRS by 2011, 1500)
NRS 640E.130 Board authorized to establish Dietitian Advisory Group.
1. The Board may establish a Dietitian
Advisory Group consisting of persons familiar with the practice of dietetics to
provide the Board with expertise and assistance in carrying out its duties
pursuant to this chapter. If a Dietitian Advisory Group is established, the
Board shall:
(a) Determine the number of members;
(b) Appoint the members;
(c) Establish the terms of the members; and
(d) Determine the duties of the Dietitian
Advisory Group.
2. Members of a Dietitian Advisory Group
established pursuant to subsection 1 serve without compensation.
(Added to NRS by 2011, 1501)
LICENSES; PRACTICE
NRS 640E.140 Purpose; revocable privilege.
1. The purpose of licensing dietitians is
to protect the public health, safety and welfare of the people of this State.
2. Any license issued pursuant to this
chapter is a revocable privilege.
(Added to NRS by 2011, 1499)
NRS 640E.150 Application; fee; submission of fingerprints.
1. An applicant for a license to engage in
the practice of dietetics in this State must submit to the Board a completed
application on a form prescribed by the Board. The application must include,
without limitation, written evidence that the applicant:
(a) Is 21 years of age or older.
(b) Is of good moral character.
(c) Has completed a course of study and holds a
bachelor’s degree or higher in human nutrition, nutrition education, food and
nutrition, dietetics, food systems management or an equivalent course of study
approved by the Board from a college or university that:
(1) Was accredited, at the time the degree
was received, by a regional accreditation body in the United States which is
recognized by the Council for Higher Education Accreditation, or its successor
organization, and the United States Department of Education; or
(2) Is located in a foreign country if the
application includes the documentation required by NRS
640E.160.
(d) Has completed not less than 1,200 hours of
training and experience within the United States in the practice of dietetics
under the direct supervision of a licensed dietitian, registered dietitian or a
person who holds a doctorate degree in human nutrition, nutrition education,
food and nutrition, dietetics or food systems management from a college or
university that is:
(1) Accredited by a regional accreditation
body in the United States which is recognized by the Council for Higher
Education Accreditation, or its successor organization, and the United States
Department of Education; or
(2) Located in a foreign country if the
application includes the documentation required by NRS
640E.160.
(e) Has successfully completed the Registration
Examination for Dietitians administered by the Commission on Dietetic Registration
of the Academy of Nutrition and Dietetics.
(f) Meets such other reasonable requirements as
prescribed by the Board.
2. Each applicant must remit the
applicable fee required pursuant to this chapter with the application for a
license to engage in the practice of dietetics in this State.
3. Each applicant shall submit to the
Central Repository for Nevada Records of Criminal History two complete sets of
fingerprints for submission to the Federal Bureau of Investigation for its
report. The Central Repository for Nevada Records of Criminal History shall
determine whether the applicant has been convicted of a crime listed in
paragraph (a) of subsection 1 of NRS 449.188 and immediately
inform the Board of whether the applicant has been convicted of such a crime.
(Added to NRS by 2011, 1501)
NRS 640E.160 Submission of evidence of equivalent degree by certain
applicants.
1. If an applicant for a license to engage
in the practice of dietetics is a graduate of a college or university located
in a foreign country, the applicant must include with his or her application a
written statement or other proof from the Council for Higher Education
Accreditation or its successor organization that the degree is equivalent to a
degree issued by a college or university accredited by a regional accreditation
body in the United States which is recognized by the Council for Higher
Education Accreditation, or its successor organization, and the United States
Department of Education.
2. If an applicant for a license to engage
in the practice of dietetics completed his or her hours of training and
experience under the supervision of a person who holds a doctorate degree
conferred by a college or university located in a foreign country, the
applicant must include with his or her application a written statement or other
proof from the Council for Higher Education Accreditation or its successor
organization that the degree held by the person who supervised the training and
experience is equivalent to a degree issued by a college or university
accredited by a regional accreditation body in the United States which is
recognized by the Council for Higher Education Accreditation, or its successor
organization, and the United States Department of Education.
(Added to NRS by 2011, 1502)
NRS 640E.170 Practice of dietetics without license while under supervision of
licensed dietitian; limitation.
1. A person who has the education and
experience required by NRS 640E.150 but who has
not passed the examination required for licensure may engage in the practice of
dietetics under the direct supervision of a licensed dietitian who is
professionally and legally responsible for the applicant’s performance.
2. A person shall not engage in the
practice of dietetics pursuant to subsection 1 for a period of more than 1
year.
(Added to NRS by 2011, 1502)
NRS 640E.180 Provisional license: Qualifications; expiration; limitations.
1. Upon application and payment of the
applicable fee required pursuant to this chapter, the Board may grant a
provisional license to engage in the practice of dietetics in this State to an
applicant who provides evidence to the Board that the applicant has completed a
course of study and holds a bachelor’s degree or higher in human nutrition,
nutrition education, food and nutrition, dietetics, food systems management or
an equivalent course of study approved by the Board from a college or
university that:
(a) Was accredited, at the time the degree was
received, by a regional accreditation body in the United States which is
recognized by the Council for Higher Education Accreditation, or its successor
organization, and the United States Department of Education; or
(b) Is located in a foreign country if the
application includes the documentation required by NRS
640E.160.
2. A provisional license is valid for 1
year after the date of issuance. A provisional license may be renewed for not
more than 6 months if the applicant submits evidence satisfactory to the Board
for the failure of the applicant to obtain a license to engage in the practice
of dietetics during the time the applicant held the provisional license.
3. A person who holds a provisional
license may engage in the practice of dietetics only under the supervision of a
licensed dietitian.
(Added to NRS by 2011, 1502)
NRS 640E.190 Temporary license: Qualifications; limitations; expiration.
1. Upon application and payment of the
applicable fee required pursuant to this chapter, the Board may grant a
temporary license to engage in the practice of dietetics in this State to a
person who holds a corresponding license in another jurisdiction if:
(a) The corresponding license is in good
standing; and
(b) The requirements for licensure in the other
jurisdiction are substantially equal to the requirements for licensure in this
State.
2. A temporary license may be issued for
the limited purpose of authorizing the licensee to treat patients in this
State.
3. A temporary license is valid for the
10-day period designated on the license.
(Added to NRS by 2011, 1503)
NRS 640E.200 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license to
engage in the practice of dietetics in this State shall include the social
security number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a
license to engage in the practice of dietetics in this State shall submit to
the Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of dietetics
may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 2011, 1503;
A 2013,
3806)
NRS 640E.200 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2 years
after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license to engage in the practice of dietetics in this State shall submit to
the Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license to engage in the practice of dietetics
may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 2011, 1503;
A 2011,
1521; 2013,
3806, effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings)
NRS 640E.210 Waiver of certain requirements for licensure by Board.
1. Except as otherwise provided in
subsection 2, the Board may waive any requirement of NRS
640E.150 or 640E.180 for an applicant who
proves to the satisfaction of the Board that his or her education and
experience are substantially equivalent to the education and experience
required by the respective section.
2. The Board may waive the requirement of
an examination that is set forth in NRS 640E.150
in accordance with regulations adopted by the Board that prescribe the circumstances
under which the Board may waive the requirement of the examination.
(Added to NRS by 2011, 1505)
NRS 640E.220 Expiration and renewal of license.
1. A license to engage in the practice of
dietetics expires 2 years after the date of issuance.
2. The Board may renew a license if the
applicant:
(a) Submits a completed written application and
the appropriate fee required pursuant to this chapter;
(b) Submits documentation of completion of such
continuing training and education as required by regulations adopted by the
Board;
(c) Has not committed any act which is grounds
for disciplinary action, unless the Board determines that sufficient
restitution has been made or the act was not substantially related to the
practice of dietetics;
(d) Submits information that the credentials of
the applicant are in good standing; and
(e) Submits all other information required to
complete the renewal.
3. The Board shall require a licensed
dietitian who fails to submit an application for the renewal of his or her
license within 2 years after the date of the expiration of the license to take
the examination required by NRS 640E.150 before
renewing the license.
(Added to NRS by 2011, 1505)
NRS 640E.230 Issuance of license to qualified applicants. The Board shall act upon an application for a
license submitted pursuant to this chapter without unnecessary delay. If an
applicant is found qualified, the applicant must be issued a license to engage
in the practice of dietetics.
(Added to NRS by 2011, 1505)
NRS 640E.240 Fees: Board to adopt regulations establishing fees.
1. The Board shall adopt regulations
establishing reasonable fees for:
(a) The examination of an applicant for a
license;
(b) The issuance of a license;
(c) The issuance of a provisional license;
(d) The issuance of a temporary license;
(e) The renewal of a license;
(f) The late renewal of a license;
(g) The reinstatement of a license which has been
suspended or revoked; and
(h) The issuance of a duplicate license or for
changing the name on a license.
2. The fees established pursuant to
subsection 1 must be set in such an amount as to reimburse the Board for the
cost of carrying out the provisions of this chapter, except that no such fee
may exceed $250.
(Added to NRS by 2011, 1505)
NRS 640E.250 Reinstatement of license.
1. Any licensee whose license is revoked
by the Board may apply for reinstatement of the license pursuant to regulations
adopted by the Board.
2. The Board may reinstate the license
upon compliance by the licensee with all requirements for reinstatement
established by regulations adopted by the Board and payment of the applicable
fee required pursuant to this chapter.
(Added to NRS by 2011, 1509)
NRS 640E.260 Duties of licensed dietitian; authorized services; prohibition
from providing person with medical diagnosis.
1. A licensed dietitian shall provide
nutrition services to assist a person in achieving and maintaining proper
nourishment and care of his or her body, including, without limitation:
(a) Assessing the nutritional needs of a person
and determining resources for and constraints in meeting those needs by
obtaining, verifying and interpreting data;
(b) Determining the metabolism of a person and
identifying the food, nutrients and supplements necessary for growth, development,
maintenance or attainment of proper nourishment of the person;
(c) Considering the cultural background and
socioeconomic needs of a person in achieving or maintaining proper nourishment;
(d) Identifying and labeling nutritional problems
of a person;
(e) Recommending the appropriate method of
obtaining proper nourishment, including, without limitation, orally,
intravenously or through a feeding tube;
(f) Providing counseling, advice and assistance
concerning health and disease with respect to the nutritional intake of a
person;
(g) Establishing priorities, goals and objectives
that meet the nutritional needs of a person and are consistent with the
resources of the person, including, without limitation, providing instruction
on meal preparation;
(h) Treating nutritional problems of a person and
identifying patient outcomes to determine the progress made by the person;
(i) Planning activities to change the behavior,
risk factors, environmental conditions or other aspects of the health and
nutrition of a person, a group of persons or the community at large;
(j) Developing, implementing and managing systems
to provide care related to nutrition;
(k) Evaluating and maintaining appropriate
standards of quality in the services provided;
(l) Accepting and transmitting verbal and
electronic orders from a physician consistent with an established protocol to
implement medical nutrition therapy; and
(m) Ordering medical laboratory tests relating to
the therapeutic treatment concerning the nutritional needs of a patient when
authorized to do so by a written protocol prepared or approved by a physician.
2. A licensed dietitian may use medical
nutrition therapy to manage, treat or rehabilitate a disease, illness, injury
or medical condition of a patient, including, without limitation:
(a) Interpreting data and recommending the
nutritional needs of the patient through methods such as diet, feeding tube,
intravenous solutions or specialized oral feedings;
(b) Determining the interaction between food and
drugs prescribed to the patient; and
(c) Developing and managing operations to provide
food, care and treatment programs prescribed by a physician, physician
assistant, dentist, advanced practice registered nurse or podiatric physician
that monitor or alter the food and nutrient levels of the patient.
3. A licensed dietitian shall not provide
medical diagnosis of the health of a person.
(Added to NRS by 2011, 1504;
A 2013,
2079)
DISCIPLINARY ACTION
NRS 640E.270 Grounds for denial, refusal to renew, revocation or suspension
of license or other disciplinary action; collection of costs.
1. The Board may deny, refuse to renew,
revoke or suspend any license applied for or issued pursuant to this chapter,
or take such other disciplinary action against a licensee as authorized by
regulations adopted by the Board, upon determining that the licensee:
(a) Is guilty of fraud or deceit in procuring or
attempting to procure a license pursuant to this chapter.
(b) Is guilty of any offense:
(1) Involving moral turpitude; or
(2) Relating to the qualifications,
functions or duties of a licensee.
(c) Uses any controlled substance, dangerous drug
as defined in chapter 454 of NRS, or
intoxicating liquor to an extent or in a manner which is dangerous or injurious
to any other person or which impairs his or her ability to conduct the practice
authorized by the license.
(d) Is guilty of unprofessional conduct, which
includes, without limitation:
(1) Impersonating an applicant or acting
as proxy for an applicant in any examination required pursuant to this chapter
for the issuance of a license.
(2) Impersonating another licensed
dietitian.
(3) Permitting or allowing another person
to use his or her license to engage in the practice of dietetics.
(4) Repeated malpractice, which may be
evidenced by claims of malpractice settled against the licensee.
(5) Physical, verbal or psychological
abuse of a patient.
(6) Conviction for the use or unlawful
possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(e) Has willfully or repeatedly violated any
provision of this chapter.
(f) Is guilty of aiding or abetting any person in
violating any provision of this chapter.
(g) Has been disciplined in another state in
connection with the practice of dietetics or has committed an act in another
state which would constitute a violation of this chapter.
(h) Has engaged in conduct likely to deceive,
defraud or endanger a patient or the general public.
(i) Has willfully failed to comply with a
regulation, subpoena or order of the Board.
2. In addition to any criminal or civil
penalty that may be imposed pursuant to this chapter, the Board may assess
against and collect from a licensee all costs incurred by the Board in
connection with any disciplinary action taken against the licensee, including,
without limitation, costs for investigators and stenographers, attorney’s fees
and other costs of the hearing.
3. For the purposes of this section, a
plea or verdict of guilty or guilty but mentally ill or a plea of nolo
contendere constitutes a conviction of an offense. The Board may take
disciplinary action pending the appeal of a conviction.
(Added to NRS by 2011, 1506)
NRS 640E.280 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license issued pursuant to this chapter, the Board shall deem the
license issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Board receives a letter
issued to the holder of the license by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a license
issued pursuant to this chapter that has been suspended by a district court
pursuant to NRS 425.540 if:
(a) The Board receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and
(b) The person whose license was suspended pays the
appropriate fee required pursuant to this chapter.
(Added to NRS by 2011, 1507)
NRS 640E.290 Administrative complaint; notice; investigation; hearing.
1. If any member of the Board or a
Dietitian Advisory Group established pursuant to NRS
640E.130 becomes aware of any ground for initiating disciplinary action
against a licensee, the member shall file an administrative complaint with the
Board.
2. As soon as practical after receiving an
administrative complaint, the Board shall:
(a) Notify the licensee in writing of the charges
against him or her, accompanying the notice with a copy of the administrative
complaint; and
(b) Forward a copy of the complaint to the
Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or
its successor organization for investigation of the complaint and request a
written report of the findings of the investigation or, to the extent money is
available to do so, conduct an investigation of the complaint to determine
whether the allegations in the complaint merit the initiation of disciplinary
proceedings against the licensee.
3. Written notice to the licensee may be
served by delivering it personally to the licensee, or by mailing it by
registered or certified mail to the last known residential address of the
licensee.
4. If the licensee, after receiving a copy
of the administrative complaint pursuant to subsection 1, submits a written
request, the Board shall furnish the licensee with a copy of each
communication, report and affidavit in the possession of the Board which
relates to the matter in question.
5. If, after an investigation conducted by
the Board or receiving the findings from an investigation of the complaint from
the Commission on Dietetic Registration of the Academy of Nutrition and
Dietetics or its successor organization, the Board determines that the
administrative complaint is valid, the Board shall hold a hearing on the
charges at such time and place as the Board prescribes. If the Board receives a
report pursuant to subsection 5 of NRS
228.420, the hearing must be held within 30 days after receiving the
report. If requested by the licensee, the hearing must be held within the
county in which the licensee resides.
(Added to NRS by 2011, 1507)
NRS 640E.300 Delegation of authority to conduct hearings by Board. The Board may delegate its authority to
conduct hearings pursuant to NRS 640E.290 concerning
the discipline of a licensee to a hearing officer. The hearing officer has the
powers of the Board in connection with such hearings, and shall report to the
Board his or her findings of fact and conclusions of law within 30 days after
the final hearing on the matter. The Board may take action based upon the
report of the hearing officer, refer the matter to the hearing officer for
further hearings or conduct its own hearings on the matter.
(Added to NRS by 2011, 1508)
NRS 640E.310 Subpoenas; oaths. The
Board may:
1. Issue subpoenas for the attendance of
witnesses and the production of books, papers and documents; and
2. Administer oaths when taking testimony
in any matter relating to the duties of the Board.
(Added to NRS by 2011, 1508)
NRS 640E.320 Enforcement of subpoenas by district court.
1. The district court in and for the
county in which any hearing is held by the Board may compel the attendance of
witnesses, the giving of testimony and the production of books, papers and
documents as required by any subpoena issued by the Board.
2. In case of the refusal of any witness
to attend or testify or produce any books, papers or documents required by a
subpoena, the Board may report to the district court in and for the county in
which the hearing is pending, by petition setting forth:
(a) That due notice has been given of the time
and place of attendance of the witness or the production of books, papers or
documents;
(b) That the witness has been subpoenaed in the
manner prescribed by this chapter; and
(c) That the witness has failed and refused to
attend or produce the books, papers or documents required by the subpoena
before the Board in the cause or proceeding named in the subpoena, or has
refused to answer questions propounded to him or her in the course of the
hearing,
Ê and ask an
order of the court compelling the witness to attend and testify or produce the
books, papers or documents before the Board.
3. The court, upon petition of the Board,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in the order, the time to be not more than
10 days after the date of the order, to show cause why the witness has not
attended or testified or produced the books, papers or documents before the
Board. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the
subpoena was regularly issued by the Board, the court shall enter an order that
the witness appear before the Board at the time and place fixed in the order
and testify or produce the required books, papers or documents. Upon failure to
obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 2011, 1508)
NRS 640E.330 Time for rendering decision; notice of decision required;
effective date of decision.
1. The Board shall render a decision on
any administrative complaint within 60 days after the final hearing thereon.
For the purposes of this subsection, the final hearing on a matter delegated to
a hearing officer pursuant to NRS 640E.300 is the
final hearing conducted by the hearing officer unless the Board conducts a
hearing with regard to the administrative complaint.
2. The Board shall notify the licensee of
its decision in writing by certified mail, return receipt requested. The
decision of the Board becomes effective on the date the licensee receives the
notice or on the date the Board receives a notice from the United States Postal
Service stating that the licensee refused to accept delivery or could not be
located.
(Added to NRS by 2011, 1509)
NRS 640E.340 Certain records relating to investigation deemed confidential;
certain records relating to disciplinary action deemed public records;
communication and cooperation with other agencies.
1. Except as otherwise provided in this
section and NRS 239.0115, any records
or information obtained during the course of an investigation by the Board and
any record of the investigation are confidential.
2. Any complaint or other document filed
by the Board to initiate disciplinary action and all documents and information
considered by the Board when determining whether to impose disciplinary action
are public records.
3. This section does not prevent or
prohibit the Board from communicating or cooperating with another licensing
board or any agency that is investigating a licensee, including a law
enforcement agency.
(Added to NRS by 2011, 1509)
NRS 640E.350 Injunctive relief. If
the Board, based on evidence satisfactory to it, believes that any person has
violated or is about to violate any provision of this chapter, the terms of any
license, or any order, decision, demand or requirement, or any part thereof,
the Board may bring an action, in the name of the Board, in the district court
in and for the county in which the person resides, against the person to enjoin
the person from continuing the violation or engaging in any act that
constitutes such a violation. The court may enter an order or judgment granting
such injunctive relief as it determines proper, but no such injunctive relief
may be granted without at least 5 days’ notice to the opposite party.
(Added to NRS by 2011, 1509)
NRS 640E.360 Prohibited acts. If
a person is not licensed to engage in the practice of dietetics pursuant to
this chapter, or if a person’s license to engage in the practice of dietetics
has been suspended or revoked by the Board, the person shall not:
1. Engage in the practice of dietetics;
2. Use in connection with his or her name
the words or letters “L.D.,” “licensed dietitian” or any other letters, words
or insignia indicating or implying that he or she is licensed to engage in the
practice of dietetics, or in any other way, orally, or in writing or print, or
by sign, directly or by implication, use the word “dietetics” or represent
himself or herself as licensed or qualified to engage in the practice of
dietetics in this State; or
3. List or cause to have listed in any
directory, including, without limitation, a telephone directory, his or her
name or the name of his or her company under the heading “Dietitian” or any
other term that indicates or implies that he or she is licensed or qualified to
engage in the practice of dietetics in this State.
(Added to NRS by 2011, 1510)
NRS 640E.370 Penalties.
1. A person who violates any provision of
this chapter or any regulation adopted pursuant thereto is guilty of a misdemeanor.
2. In addition to any criminal penalty
that may be imposed pursuant to subsection 1, the Board may, after notice and
hearing, impose a civil penalty of not more than $100 for each such violation.
For the purposes of this subsection, each day on which a violation occurs
constitutes a separate offense, except that the aggregate civil penalty that
may be imposed against a person pursuant to this subsection may not exceed
$10,000.
(Added to NRS by 2011, 1510)