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Nrs: Chapter 640E - Dietetics


Published: 2015

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[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)