Co-sponsorship of – The Wisconsin Dietitian Licensure Bill
Sent by Senator Vinehout and Rep. Pasch to all Senators and Assembly requesting
Analysis by the Legislative Reference Bureau
(*Legal counsel "These exemptions are intended to make this legislation less exclusive, they don’t provide immunity to retailers or other unlicensed nutritionists, unless they are only providing “general information.” However, there is no definition of “general information” in the bill so there is some ambiguity there as well." )
This bill makes a number of changes to the regulation of
dietitians.
Licensure and use of titles
Under current law, a person may be certified as a dietitian
by the Dietitians
Affiliated Credentialing Board (board) in the Department of Regulation and
Licensing (DRL). With certain exceptions, current law prohibits a person who
is not
certified by the board from designating himself or herself as a dietitian,
claiming to
provide dietetic services, or using any title or initial that would
represent that person
as certified or licensed as a dietitian or in a nutrition−related field.
This bill directs the board to license, not certify, persons
as “dietitians or
nutritionists.” With certain exceptions, the bill prohibits a person who is
not licensed
from practicing dietetics or nutrition care services. The bill also
prohibits, with
certain exceptions, a person who is not licensed by the board from using
certain titles
or initials.
“Dietitian” is defined under current law as an individual who
practices
dietetics, which means, generally, using certain nutrition principles to
achieve or
maintain the health and assess the nutritional needs of and provide
nutritional
counseling to an individual or group of individuals.
This bill changes the title of a person licensed by the board
from “dietitian” to
“dietitian or nutritionist,” and changes the title of the board to the
Dietetics and
Nutrition Care Services Affiliated Credentialing Board. In the bill, a
dietitian or
nutritionist is a person who practices dietetics and nutrition care
services. The bill
defines “dietetics and nutrition care services,” generally, as the
integration and
application of certain scientific principles to achieve and maintain optimal
human
health. In the bill, the practice of dietetics and nutrition care services
includes
assessing nutritional needs and dietetic and nutrition therapy and excludes
the
retail sale of food products or vitamins.
Requirements for licensure by the board
Under current law, to be certified as a dietitian or
nutritionist, a person must:
1) receive a bachelor’s, master’s, or doctoral degree in certain nutrition
fields from
a college or university that the board determines is accredited or receive a
degree
from a program in nutrition approved by the board; 2) complete at least 900
supervised hours of dietetics practice; and 3) pass the registration
examination, or
its equivalent, established by the American Dietetic Association (ADA). A
person
who has satisfied these educational and practice requirements and who has
applied
to take the next available examination, may obtain a temporary dietitian
certificate.
Under the bill, to be licensed by the board, a person must:
1) possess a
bachelor’s, master’s, or doctoral degree granted from a regionally
accredited college
or university and complete a didactic program in dietetics approved by
the ADA; 2)
complete 900 supervised practice hours under a supervised practice program
accredited by the ADA; and 3) pass the registration examination for
dietitians
established by the ADA. A person who satisfies these educational and
practice
requirements and who submits a letter from the ADA verifying their
registration
eligibility status, may obtain a temporary license.
The bill requires an applicant for renewal of a license to
provide DRL with proof
of registration with the ADA or satisfactory completion of continuing
education
requirements established by the board by rule.
Exemptions from licensure
Current law exempts a person who is licensed or certified and
lawfully
practicing in certain fields from obtaining certification from the board
provided the
person practices within the scope of his or her license or certificate and
does not claim
to be a dietitian or licensed in a nutrition−related field. In addition,
current law
exempts the following from obtaining certification from the board: 1)
persons who
are pursuing a degree or certificate from an educational program approved by
the
board; 2) a dietetic technician or assistant working under the supervision
of a
certified dietitian; 3) a dietitian serving in the U.S. armed forces; and 4)
a person who
markets or distributes food and other goods, who explains the use, benefits,
or
preparation of food and other goods, and who furnishes nutritional
information
about food and other goods provided that person does not claim to be a
dietitian or
certified dietitian and that person complies with applicable law.
Under the bill, the following persons do not need to obtain a
license from the
board: 1) a licensed or certified nurse, chiropractor, dentist, physician,
physical
therapist, podiatrist, athletic trainer, occupational therapist,
optometrist,
pharmacist, or acupuncturist lawfully practicing within the scope of that
license or
certificate; 2) a dietitian or nutritionist serving in the U.S. armed
forces; 3) a retailer
that furnishes oral or written general* nutrition information about food and
other
goods; 4) a person who is not practicing dietetics and nutrition care
services who
provides general nutrition information about food and other goods; and 5) a
person
who provides weight control services under a program of instruction approved
in
writing by a licensed dietitian, a physician, or a person registered as a
dietitian with
the ADA.
For further information see the state fiscal estimate, which
will be printed as
an appendix to this bill.
*Legal Counsel: "These exemptions are intended to make this legislation less exclusive, they don’t provide immunity to retailers or other unlicensed nutritionists, unless they are only providing “general information.” However, there is no definition of “general information” in the bill so there is some ambiguity there as well."