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Oregon Bulletin

October 1, 2012

Oregon Health Licensing Agency, Board of Licensed Dietitians, Chapter 834

Rule Caption: Standardize Board of Licensed Dietitians rules with other OHLA regulated professions.

Adm. Order No.: BELD 2-2012

Filed with Sec. of State: 8-16-2012

Certified to be Effective: 8-17-12

Notice Publication Date: 5-1-2012

Rules Adopted: 834-020-0000, 834-030-0000, 834-030-0010, 834-050-0000, 834-050-0010, 834-060-0000, 834-060-0010

Rules Repealed: 834-001-0000, 834-001-0005, 834-010-0005, 834-010-0010, 834-010-0015, 834-010-0019, 834-010-0025, 834-010-0030, 834-010-0035, 834-010-0040, 834-010-0045, 834-010-0050, 834-010-0055, 834-010-0065

Subject: Senate Bill 939, which passed during the 2011 Legislative Session brought the Board of Licensed Dietitians under the administration of the Oregon Health Licensing Agency (Agency).

 The rules were rewritten and placed into new divisions to specifically address definitions, application requirements, license issuance and renewal, standards of practice and professional conduct, continuing education requirements, and fees.

 Proposed changes are required to standardize and streamline rules for consistency with other professions regulated by OHLA and to align with current industry, agency and statewide rulemaking standards and principles.

Rules Coordinator: Samantha Patnode—(503) 373-1917

834-020-0000

Definitions

(1) “Agency” means the Oregon Health Licensing Agency.

(2) “CDR” means the Commission on Dietetic Registration.

(3) “CEU” means a continuing education unit and the numerical value determined by the board to be earned by a renewal applicant by attending a specified training course. The terms “continuing education credit” and “continuing education unit” are synonymous and may be used interchangeably.

(4) “Continuing Education (CE)” means post-licensure education in maintaining and improving knowledge and skills in dietetics practice as defined in ORS 691.405(1).

(5) “Nutrition Care Process (NCP)” means a systematic problem-solving method that dietitians use to critically think and make decisions when providing medical nutrition therapy or to address nutrition related problems and provide safe, effective, high quality nutrition care.

(6) “Medical Nutrition Therapy (MNT)” means an evidence-based application of the Nutrition Care Process focused on prevention, delay or management of diseases and conditions, and involves an in-depth assessment, periodic re-assessment and intervention.

(7) “Official Transcript” means an original document certified by an accredited college or university indicating hours and types of course work, examinations and scores that the student has completed, which has been submitted by a regionally accredited United States college or university by mail or courier to the agency in a sealed envelope on behalf of the applicant.

(8) “OHPR” means the office for Oregon Health Policy and Research.

Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Hist.: BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

834-030-0000

Licensed Dietitian Application Requirements

An individual applying for licensure as a licensed dietitian must:

(1) Meet the requirements of OAR 331 division 30.

(2) Submit a completed application form prescribed by the agency, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required application fees.

(3) In addition to requirements listed in subsections (1) and (2) of this rule, an applicant must provide documentation of one of the following pathways:

(a) Licensure Pathway 1 — Qualification through examination. An applicant must:

(A) Provide official transcripts demonstrating that the individual holds a baccalaureate or post-baccalaureate degree from a regionally accredited college or university in the U.S. in human nutrition, dietetics, foods and nutrition or food systems management, pursuant to ORS 691.435;

(B) Submit evidence of a passing score on the CDR examination, which may have been taken no more than three years preceding the date of the application;

(C) Submit evidence of having completed 900 hours of a board approved program of dietetic experience under the supervision of a licensed dietitian;

(D) Pay all license fees;

(E) Attest to having provided information to the OHPR pursuant to ORS 676.410; and

(F) Pay fee established by OHPR pursuant to ORS 676.410.

(b) Licensure Pathway 2 — Qualification through reciprocity pursuant to ORS 691.445(3)(b). Notwithstanding OAR 834-030-0000 (3)(a)(A), (B) and (C), an applicant who is currently licensed under the laws of any other state or territory in the United States must:

(A) Fulfill all requirements of subsections (1), (2), (3)(a)(D), (3)(a)(E), and (3)(a)(F) of this rule; and

(B) Demonstrate to the Agency’s satisfaction that the requirements to obtain the applicant’s license from another state or territory were not less than those of ORS 691.435.

(c) Licensure Pathway 3 — Qualification through equivalency pursuant to ORS 691.445(3)(a). Notwithstanding OAR 834-030-0000 (3)(a)(A), (B) and (C), an applicant who is currently registered with CDR must:

(A) Fulfill all requirements of subsections (1), (2), (3)(a)(D), (3)(a)(E), and (3)(a)(F) of this rule; and

(B) Submit proof of current, valid CDR registration.

Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Hist.: BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

834-030-0010

Licensed Dietitian Issuance and Renewal

(1) LICENSURE AND RENEWAL: A license is subject to the provisions of OAR Chapter 331, division 30 regarding the issuance and renewal of a license, provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license.

(2) LICENSE RENEWAL: To avoid delinquency penalties, a license must be renewed before the license becomes inactive as described in section (3) of this rule. The licensee must:

(a) Submit a renewal application form;

(b) Pay the renewal fee pursuant to 834-040-0000;

(c) Attest to having obtained the required annual CE pursuant to OAR 834-050-0000;

(d) Attest to having provided the required information to OHPR pursuant to ORS 676.410; and

(e) Pay fee established by OHPR pursuant to ORS 676.410.

(3) INACTIVE LICENSE RENEWAL: A license becomes inactive if it is not renewed before its “active through” date. A license may be inactive for up to three years, but an inactive license does not authorize its holder to practice dietetics under the title, “Licensed Dietitian” or the letters “L.D.” To renew an inactive license, the licensee must:

(a) Submit a renewal application form;

(b) Pay the delinquency and renewal fees pursuant to OAR 834-040-0000;

(c) Submit documentation of having obtained the required annual CE pursuant to OAR 834-050-0000 on a form prescribed by the agency, whether the license was current or inactive;

(d) Attest to having provided the required information to OHRP pursuant to ORS 676.410; and

(e) Pay fee established by OHPR pursuant to ORS 676.410.

(4) EXPIRED LICENSE: A licensee holding an expired license must reapply and meet the requirements of OAR 834-030-0000. An expired license does not authorize its holder to practice dietetics under the title, “Licensed Dietitian” or the letters “L.D.” A license is expired if:

(a) The license has been inactive for more than three years; or

(b) The licensee has failed to meet CE requirements pursuant to OAR 834-050-0000 and the license is revoked.

Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Hist.: BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

834-050-0000

Continuing Education Requirements

(1) To maintain licensure, dietitians must complete a minimum of 15 CE credits every year.

(2) CE credits obtained in excess of those required for the current one-year reporting period may be carried forward for up to four years. However, no more than 60 annual excess CE credits may be carried forward.

(3) Excess CE credits may not be used to reinstate an expired license.

(4) Each licensee shall document compliance with the CE requirement through attestation on the license renewal application. Licensees are subject to provisions of OAR 834-050-0010 pertaining to periodic audit of CE.

(5) Upon CE credit audit, the licensee must provide documentation supporting all credits claimed and all excess credits carried forward.

(6) CE must address subject matter related to dietetics practice in accordance with ORS 691.405(1) and OAR 834-020-0000(4).

(7) CE credits will be awarded based on the following criteria:

(a) Completion and passing of academic courses taken from an accredited college or university are awarded 15 CE credits for each semester-based credit earned, 14 CE credits for each trimester-based credit earned or 10 CE credits for each quarter-based credit earned;

(b) Completion of professional courses which meet academic course requirements in content, instruction and evaluation will be assigned 15 CE credits for each semester-based credit earned, 14 CE credits for each trimester-based credit earned or 10 CE credits for each quarter-based credit earned;

(c) Courses that do not meet standards as set forth in paragraphs (a) and (b) of this subsection, such as workshops, symposiums, seminars, laboratory exercises, or any applied experience with or without formal classroom work may be assigned credit at the rate of 1.0 CE credit for each hour of attendance.

(8) Documentation supporting compliance with CE requirements must be maintained for a period of two years following renewal and be available to the agency upon request.

Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Hist.: BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

834-050-0010

Continuing Education: Audit, Required Documentation and Sanctions

(1) The Oregon Health Licensing Agency will audit a percentage of licensees, as determined by the board, to verify compliance with CE requirements of OAR 834-050-0000.

(2) Licensees notified of selection for audit of CE attestation must submit to the agency, within 30 calendar days from the date of issuance of the notification, satisfactory evidence of participation in required CE in accordance with OAR 834-050-0000.

(3) If selected for audit, the licensee must provide documentation of the required CE, which must include:

(a) For agency pre-approved programs or courses — A certificate of completion or other agency approved documentation that includes the agency pre-approval number;

(b) For courses provided by an accredited college or university — An official transcript from the accredited college or university; or

(c) For CDR approved programs or courses — A completed CDR portfolio or state licensure verification worksheet, which is available from CDR, the agency, and at www.oregon.gov/OHLA/LD.

(4) If documentation of CE is incomplete, the registrant has 30 calendar days from the date of notice to submit further documentation to substantiate having completed the required CE.

(5) Failure to meet CE requirements will constitute grounds for disciplinary action, which may include, but is not limited to, assessment of a civil penalty, suspension or revocation of license.

Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Hist.: BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

834-060-0000

Standards of Practice

The board adopts the following standards of practice to establish and maintain a high standard of integrity and dignity in the profession of dietetic practice pursuant to ORS 691.405(1). A licensee must:

(1) Use systematically reviewed scientific evidence in making food and nutrition practice decisions by integrating best available evidence with professional expertise and client values to improve outcomes;

(2) Use accurate and relevant data and information to perform nutrition assessment and identify nutrition-related problems;

(3) Determine a nutrition diagnosis to identify and label specific nutrition problem(s) for which the dietitian provides medical nutrition therapy;

(4) Utilize nutrition intervention to identify and implement appropriate actions designed with the intent of changing a nutrition-related behavior, risk factor, environmental condition or aspect of health status for an individual, target group, or the community at large;

(5) Monitor and evaluate indicators and outcomes data directly related to the nutrition diagnosis, goals and intervention strategies to determine the progress made in achieving desired outcomes of nutrition care and whether planned interventions should be continued or revised;

(6) Document and communicate the Nutrition Care Process in a timely manner;

(7) Apply appropriate standards of quality and safety in food and nutrition services; and

(8) Consider the health, safety, and welfare of the clients and public at all times.

Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Hist.: BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

834-060-0010

Standards of Professional Conduct

The board adopts the following standards of professional conduct from the Academy of Nutrition and Dietetics Code of Ethics for the Profession of Dietetics, to protect the public from unprofessional conduct on the part of dietitians. A licensee must:

(1) Conduct herself or himself with honesty, integrity and fairness;

(2) Comply with all local, state, and federal laws and regulations concerning the practice of dietetics;

(3) Provide professional services with objectivity and with respect for the unique needs and values of individuals, avoiding discrimination and providing sufficient information to enable clients to make informed decisions;

(4) Not engage in false or misleading practices or communications and must remain free of conflict of interest; and

(5) Abide by the mandatory reporting obligations pursuant to ORS 676.150.

Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Hist.: BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
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