Title 43 — Occupations and Professions

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the board of dietetic practice. 2. "Board for certification of nutrition specialists" means the entity that serves as the credentialing agency for certified nutrition specialists. 3…

1. The governor shall appoint a board of dietetic practice, consisting of five members, all of whom must be residents of the state at the time of their appointment. The individuals appointed must have been engaged in the teaching or rendering of dietetics or nutrition to the publ…

1. The board shall administer, coordinate, and enforce this chapter, evaluate the qualifications, and approve an examination for licensure under this chapter. The board shall keep any records and minutes as are necessary to carry out the board's functions. 2. The board may: a. Is…

1. The board may employ an executive secretary and other officers and employees it deems necessary. 2. The executive secretary shall pay, upon approval of the board, all appropriate expenses incurred by the board in the administration of this chapter.

The board shall set and collect fees for application, initial license, renewal of license, late renewal, and provisional license. These fees must be set in such an amount not to exceed two hundred fifty dollars as to reimburse the board, to the extent feasible, for the cost of th…

1. Use of an earned, federally trademarked nutrition credential is not prohibited, but such use does not give an individual the right to practice dietetics or nutrition, provide medical nutrition therapy, or use the general titles of dietitian or nutritionist, unless an individua…

1. An applicant for licensure as a licensed nutritionist shall file a written application with the board, submit any fees required by the board, and submit proof of completion of the following requirements: a. Have received a master's or doctoral nutrition degree or validated for…

1. Applicants for licensure as a licensed registered dietitian shall file a written application with the board, submit any fees required by the board, and submit proof of completion of the following requirements: a. Have satisfactorily completed the education and experience requi…

Upon application of any person certified by the commission on dietetic registration of the academy of nutrition and dietetics or its predecessor or successor organization, the board may waive the examination, education, and experience requirements and grant the applicant a licens…

An individual who meets the requirements for licensure and holds a license as a licensed nutritionist on July 1, 2021, and is practicing or residing in this state on July 1, 2021, is eligible to maintain and renew a license as a licensed nutritionist if the applicant furnishes ev…

1. A licensed registered dietitian and licensed nutritionist shall provide nutrition care services using systematic, evidence-based, problem-solving methods of the nutrition care process to think critically and make decisions to address nutrition-related problems and provide safe…

This chapter does not prevent or restrict the practice, services, or activities of: 1. A licensed health care practitioner duly licensed in accordance with title 43 who is acting within the scope of the individual's licensed profession, consistent with the accepted standards of t…

1. A qualified supervisor must be licensed in this state if supervising an applicant providing medical nutrition therapy to an individual in this state. A qualified supervisor who obtained a doctoral degree outside the United States must have a degree validated by the board as eq…

The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fee.

An applicant for a provisional license shall file a written application with the board, submit any fees required by the board, complete a criminal history background check if requested by the board, and submit evidence of successful completion of the academic and supervised pract…

The board shall grant a license to an applicant who presents proof of current licensure in good standing without any limitations on the license, as a dietitian or nutritionist in another state that has licensure requirements considered by the board to be at least as stringent as …

Any license issued under this chapter expires one year after it is issued unless renewed in the manner prescribed by the rules of the board. The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules, but no late renewal of…

1. The board may deny a license, refuse to renew a license, suspend a license, or revoke a license, or may impose probationary conditions on a licensee if the licensee or applicant has been found guilty of unprofessional conduct which has endangered or is likely to endanger the h…

The civil remedy of injunction is available to the board to restrain and enjoin violations of this chapter. The board may apply to an appropriate court for an order enjoining violations of this chapter, and upon a showing by the board that a person has violated or is about to vio…

A person that violates this chapter is guilty of a class B misdemeanor. Each act of such unlawful practice constitutes a distinct and separate offense.

The board may assess the attorney fees of disciplinary actions against a licensee or person found to be in violation of this chapter or rules adopted by the board. Costs recovered pursuant to this section are the property of the board.

1, The provision of medical nutrition therapy and nutrition care services for the purpose of treating or managing a disease or medical condition provided by way of telehealth to an individual in this state is not prohibited under this chapter if: a. Telehealth is appropriate for …

Upon prior written application to the board, a foreign practitioner practicing under this section may provide medical nutrition therapy or nutrition care services for the purpose of treating or managing a disease or medical condition in this state under section 43-51-05 if the pr…

1. The board may require an applicant for licensure or renewal to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided in section 12-60-24. Refusal to consent to a criminal histor…