SENATE, No. 2341

 

STATE OF NEW JERSEY

 

INTRODUCED DECEMBER 15, 1997

 

 

By Senators SINGER and ADLER

 

 

An Act providing for the licensing of nutritionists and supplementing chapter 9 of Title 45 of the Revised Statutes.

 

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

 

    1. This act shall be known and may be cited as the "Nutritionist Licensing Act."

 

    2. 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. As used in this act:

    "Board" means the State Board of Medical Examiners.

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

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

    "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 human 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. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety, under the State Board of Medical Examiners, a Nutritionists Examining Committee. The committee shall consist of six members who are residents of the State. Five of the members 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 members with the advice and consent of the Senate. Each member 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 committee shall be filled for the unexpired term in the manner provided by the original appointment. No member of the committee may serve more than two successive terms in addition to any unexpired term to which he has been appointed.

 

    5. Members of the committee shall be compensated and reimbursed for expenses and provided with office and meeting facilities and personnel required for the proper conduct of the business of the committee.

 

    6. The committee 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 committee. The committee shall meet twice a year and may hold additional meetings as necessary to discharge its duties. A majority of the committee membership shall constitute a quorum.

 

    7. The committee may have the following powers and duties, as delegated by the board:

    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; and

    h. Adopt standards for and approve continuing education requirements.

 

    8. 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 nutritional information as to the use of food, food materials or dietary supplements 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.

 

    9. 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. Be of good moral character;

    c. 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

    d. Pass an examination administered or approved by the board, which examination shall have been approved by or administered by the board after consultation with the committee, 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.

 

    10. 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. Be of good moral character;

    c. Furnish evidence satisfactory to the board that he has completed requirements which are substantially similar to those described in subsection c.of section 9 of this act; and

    d. Pass an examination as provided for in subsection d. of section 9 of this act.

 

    11. The examinations required by subsection d. of section 9 and subsection d. of section 10 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, after consultation with the committee, 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, in consultation with the committee. 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, after consultation with the committee.

 

    12. The board, in consultation with the committee, 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 17 of this act, all licenses shall be issued for a two-year period upon the payment of the licensure fee prescribed by the board, after consultation with the committee, 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.

 

    13. In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board, after consultation with the committee, 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.

 

    14. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board, after consultation with the committee, 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.

 

    15. 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., b. and c. of section 9 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.

 

    16. 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.

 

    17. 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, after consultation with the committee, 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, after consultation with the committee, 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.

 

    18. 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.

 

    19. 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.

 

    20. This act shall take effect immediately, except that sections 8 and 16 of this act shall take effect on the 360th day following the effective date.

 

 

STATEMENT

 

    This bill provides for the licensure of nutritionists and dietitians and establishes a Nutritionists Examining Committee under the State Board of Medical Examiners in the Division of Consumer Affairs in the Department of Law and Public Safety to oversee their licensure. The committee is to consist of five licensed nutritionists and a physician.

    To be eligible for licensure as a nutritionist, dietitian, or both, an applicant must be at least 18 years old and be of good moral character and fulfill the following requirements:

    a. Have received a baccalaureate or higher academic degree from a regionally accredited college or university with a minimum of 15 credits 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: 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; under the supervision of a physician with expertise in human nutrition; or in a recognized practice program; and

    b. Pass an examination administered or approved by the board, after consultation with the committee. The board shall offer two examinations, one to qualify persons as a licensed nutritionist and one to qualify persons as both a licensed nutritionist and a licensed dietitian.

    The bill provides that no person may practice nutrition in this State, with or without compensation, unless that person holds a valid license. Those exempt from this prohibition are: licensed professionals and certified teachers who are practicing or teaching within the scope of their license or certificate; students enrolled in schools recognized by the board who are performing that which is necessary to their course of study; federal government employees practicing nutrition within the scope of their official duties; persons who do not hold themselves out to be nutritionists while furnishing nutritional information as to the use of food, food materials or dietary supplements; and persons working in a licensed hospital, licensed long term health care facility, or State institution or facility performing those duties that are required in the course of that person's employment.

    For a period of one year after the effective date of the bill, a person who is practicing or residing in the State on the effective date of the bill may qualify as a licensed dietitian, a licensed nutritionist, or both, if that person is at least 18 years of age, is of good moral character, has met the educational standards established by the bill and has been employed in the field of nutrition for three of the last 10 years. The bill also provides for the licensure by the board by endorsement to nutritionists who have been licensed, registered or certified in another state with standards substantially equivalent to those of this State.

    Under the bill, "nutrition" is 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 human 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 nutritional 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.

    The uniform procedures and enforcement law for licensing boards, P.L.1978, c.73 (C.45:1-14 et seq.) applies to the provisions of the bill.

 

 

                             

"Nutritionist Licensing Act."