[First Reprint]

ASSEMBLY, No. 2826

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 20, 1997

 

 

By Assemblymen MORAN, IMPREVEDUTO and Azzolina

 

 

An Act providing for the licensing of nutritionists 1[, amending P.L.1971, c.60, P.L.1974, c.46 and P.L.1978, c.73,]1 and supplementing 1chapter 9 of1 Title 45 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. 1[(New section)]1 This act shall be known and may be cited as the "Nutritionist Licensing Act."

 

    2. 1[(New section)]1 The Legislature finds and declares that the public interest requires the regulation of the practice of nutrition and the establishment of clear licensure standards for nutritionists and dietitians; and that the health and welfare of the residents of the State will be protected by identifying to the public those individuals who are qualified and legally authorized to practice nutrition.

 

    3. 1[(New section)]1 As used in this act:

    "Board" means the State Board of 1[Nutritionists established pursuant to section 4 of this act] Medical Examiners1.

    "Licensed nutritionist" or "licensed dietitian" means a person who is licensed pursuant to the provisions of this act.

    1"Committee" means the Nutritionists Examining Committee established pursuant to section 4 of this act.1

    "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

    "Nutrition" means the integration and application of principles derived from the science of nutrition, biochemistry, physiology, food, food management and from behavioral and social sciences to achieve and maintain a healthy 1human1 status. It includes the provision of nutrition care as follows: assessing the nutritional needs of individuals and groups, and determining resources and constraints; establishing priorities, goals and objectives that meet nutritional needs and are consistent with available resources and constraints; providing nutrition counseling in health and disease; developing, implementing and managing nutrition care systems; evaluating, making changes in and maintaining appropriate standards of quality in food and nutrition services; and establishing appropriate care plans for normal and therapeutic nutrition services.

 

    4. 1[(New section)]1 There is created within the Division of Consumer Affairs in the Department of Law and Public Safety 1, under1 the State Board of 1[Licensed] Medical Examiners, a1 Nutritionists 1Examining Committee1. The 1[board] committee1 shall consist of 1[nine] six1 members who are residents of the State 1[, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). Of the remaining six members, five] . Five of the members1 shall be, except for the members first appointed, licensed nutritionists under the provisions of this act and shall have been actively engaged in the practice of nutrition in the State for at least five years immediately preceding their appointment, as follows: one shall be a nutritionist whose primary practice is clinical nutrition; one shall be a nutritionist whose primary practice is community or public health nutrition; one shall be a nutritionist whose primary practice is consulting in nutrition; one shall be a nutritionist whose primary practice is in management of nutritional services; and one shall be a nutritionist teaching in an accredited four-year post-secondary institution; and the remaining member shall be a physician licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes.

    The Governor shall appoint the 1[two public members and the State executive department member and shall appoint the remaining six]1 members with the advice and consent of the Senate. Each member1[, other than the State executive department member,]1 shall be appointed for a term of three years, except that of the nutritionist members first appointed, two shall serve for a term of three years, two shall serve for terms of two years and one shall serve for a term of one year. Any vacancy in the membership of the 1[board] committee1 shall be filled for the unexpired term in the manner provided by the original appointment. No member of the 1[board] committee1 may serve more than two successive terms in addition to any unexpired term to which he has been appointed.

 

    5. 1[(New section)]1 Members of the 1[board] committee1 shall be compensated and reimbursed for expenses and provided with office and meeting facilities 1[pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5)] and personnel required for the proper conduct of the business of the committee1.

 

    6. 1[(New section)]1 The 1[board] committee1 shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice-chairperson, and a secretary who need not be a member of the 1[board] committee1. The 1[board] committee1 shall meet twice a year and may hold additional meetings as necessary to discharge its duties. A majority of the 1[board] committee1 membership shall constitute a quorum.

 

    7. 1[(New section)]1 The 1[board shall] committee may have the following powers and duties, as delegated by the board1:

    a. Review the qualifications of applicants for licensure;

    b. Adopt a code of ethics;

    c. Insure the proper conduct and standards of examinations;

    d. Issue and renew biennial licenses for nutritionists pursuant to this act;

    e. Refuse to admit a person to an examination or refuse to issue or suspend, revoke or fail to renew the license of a nutritionist pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

    f. Maintain a record of every nutritionist licensed in this State, their places of business, place of residence and the date and number of their license;

    g. Prescribe or change the charges for examinations, licenses, renewals and other services it performs pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.), and set the passing score on any examination it adopts as a licensure examination; 1and1

    h. 1[Adopt and promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act; and

    i. Establish rules and regulations with respect to] Adopt standards for and approve1 continuing education requirements.

 

    1[8. (New section) There shall be an Executive Director of the board appointed by the director who shall serve at the director's pleasure. The salary of the Executive Director shall be determined by the director within the limits of available funds. The director shall be empowered within the limits of available funds to hire any assistants as are necessary to administer this act.]1

 

    1[9. (New section)] 8.1 No person shall practice nutrition, whether or not compensation is received or expected, unless the person holds a valid license to practice in this State, except nothing in this act shall be construed to:

    a. Prohibit any person licensed to practice or certified to teach in this State under any other law from engaging in the practice or teaching for which he is licensed, regulated or certified;

    b. Prohibit any student enrolled in a school or post-graduate course of nutrition recognized by the board, from performing that which is necessary to the student's course of study;

    c. Prohibit any person from practicing nutrition within the scope of his official duties when employed by an agency, bureau or division of the federal government, serving in the Armed Forces or the Public Health Service of the United States, or employed by the Veterans Administration;

    d. Prohibit any person who does not hold himself out to be a nutritionist from furnishing general nutritional information as to the use of food or food materials or from engaging in the explanation to persons as to the use of food or food products including dietary supplements; or

    e. Prohibit any person working in a licensed hospital, licensed long-term health care facility, or State institution or facility from performing those duties that are required in the course of that person's employment.

 

    1[10. (New section)] 9.1 To be eligible to be licensed as a nutritionist, dietitian, or both, an applicant shall fulfill the following requirements:

    a. Be at least 18 years of age;

    b. Have received a baccalaureate or higher academic degree from a college or university accredited by an agency recognized by the United States Department of Education with a minimum of 15 credit hours or a major in human nutrition, foods and nutrition, food systems management, nutritional science, nutrition education or related courses approved by the board; and have successfully completed a minimum of 900 hours, within a two-year period, in one of the following: (1) a nutrition practice under the supervision of a nutritionist licensed in this State or licensed, registered or certified by a governmental agency in any other state having requirements for licensure, registration or certification substantially similar to licensure requirements in this State; (2) under the supervision of a physician with expertise in human nutrition as demonstrated by academic, clinical or professional credentials; or (3) in a practice program recognized by an accrediting agency recognized by the United States Department of Education or the Commission on Recognition of Post-Secondary Accreditation; and

    c. Pass an examination administered or approved by the board 1, which examination shall have been approved by or administered by the board after consultation with the committee,1 to determine the applicant's competence to practice nutrition. Two examinations shall be offered by the board; one examination shall qualify the applicant as both a licensed nutritionist and licensed dietitian and one examination shall qualify the applicant as a licensed nutritionist. The examinations shall be identical, with the exception that the examination to qualify an applicant as a licensed nutritionist shall not test knowledge of food management.

 

    1[11. (New section)] 10.1 To be eligible to be licensed as a nutritionist, dietitian, or both, an applicant who is a graduate of a foreign school of nutrition shall:

    a. Be at least 18 years of age;

    b. Furnish evidence satisfactory to the board that he has completed requirements which are substantially similar to those described in subsection b. of section 1[10] 91 of this act; and

    c. Pass an examination as provided for in subsection c. of section 1[10] 91 of this act.

 

    1[12. (New section)] 11.1 The examinations required by subsection c. of section 1[10] 91 and subsection c. of section 1[11] 101 of this act shall test the applicant's knowledge of basic and clinical sciences as they relate to nutrition theory and procedures and any other subjects the board 1, after consultation with the committee,1 may deem useful to test the applicant's fitness to practice nutrition. Examinations shall be held within the State at least twice a year at a time and place to be determined by the board 1, in consultation with the committee1. The board shall give adequate written notice of the examination to applicants for licensure and examination.

    If an applicant fails an examination twice, the applicant may take a third examination not less than one year nor more than three years from the date of the applicant's initial examination. Additional examinations may be permitted in accordance with standards set by the board 1, after consultation with the committee1.

 

    1[13. (New section)] 12.1 The board 1, in consultation with the committee,1 shall issue a license to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this act.

    Except in the case of a temporary license issued pursuant to section 1[18] 171 of this act, all licenses shall be issued for a two-year period upon the payment of the licensure fee prescribed by the board, 1, after consultation with the committee,1 and shall be renewed upon filing of a renewal application, the payment of a licensure fee and presentation of satisfactory evidence that the renewal applicant has successfully completed the continuing education requirements prescribed by the board by regulation.

 

    1[14. (New section)] 13.1 In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board 1, after consultation with the committee,1 may refuse to grant or may suspend or revoke a license upon proof to the satisfaction of the board that the holder thereof has been found guilty of advertising the practice of nutrition in a manner which disseminates false, deceptive or misleading information, whether as an individual, through a professional service corporation or through a third party.

 

    1[15. (New section)] 14.1 Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board 1, after consultation with the committee,1 shall license without examination a nutritionist or dietitian who is licensed, registered or certified by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State.

 

    1[16. (New section)] 15.1 For a period of one year after the effective date of this act, any person who is practicing or residing in this State on the effective date of this act may qualify as a licensed dietitian, a licensed nutritionist, or both, upon application for licensure and payment of the appropriate fee, providing the applicant furnishes evidence satisfactory to the board that he meets the requirements of subsections a. and b. of section 1[10] 91 of this act; and has been employed in the field of nutrition for three of the last 10 years immediately preceding the effective date of this act.

 

    1[17. (New section)] 16.1 No person, business entity or its employees, agents or representatives shall use the titles, "nutritionist," "dietitian," "nutrition counselor," "nutrition consultant," "nutrition specialist," or any other title, designation, words, letters, abbreviations or insignia indicating the practice of nutrition unless licensed to practice nutrition under the provisions of this act.

 

    1[18. (New section)] 17.1 a. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board shall issue a temporary license to a person who has applied for licensure pursuant to this act and who, in the judgment of the board, 1, after consultation with the committee,1 is eligible for examination. A temporary license shall be available to an applicant with his initial application for examination and he may practice only under the direct supervision of a licensed nutritionist or licensed dietitian. A temporary license shall expire automatically upon failure of the licensure examination but may be renewed until the date of the next examination at which time it shall automatically expire and be surrendered to the board.

    b. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board 1, after consultation with the committee,1 may issue without examination a temporary license to practice nutrition in this State to a person who provides evidence that he is in the State on a temporary basis to assist in a medical emergency or engage in a special project or teaching assignment relating to nutrition. A temporary license shall expire one year from its date of issuance, but it may be renewed by the board for an additional one year period. This temporary license shall be surrendered to the board upon its expiration.

 

    1[19. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:

    1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, [and] the State Board of Public Movers and Warehousemen, and the State Board of Nutritionists.

(cf: P.L.1995, c.366, s.20)]1

 

    1[20. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

    1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners, and the State Board of Nutritionists.

(cf: P.L.1995, c.366, s.22)]1

 

    1[21. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

    2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by or through such boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners, and the State Board of Nutritionists.

(cf: P.L.1995, c.366, s.23)]1

 

    118. The provisions of the uniform enforcement law, P.L.1978, c.73 (C.45:1-14 et seq.) shall apply to this act. The authority of the board may be delegated to the committee at the discretion of the board.1

 

    119. The board, after consultation with the committee, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.1

 

    1[22.] 20.1 This act shall take effect immediately, except that sections 1[9] 81 and 1[17] 161 of this act shall take effect on the 360th day following the effective date.

 

 

                             

"Nutritionist Licensing Act."