Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 104. Dietitians (heading. Pl 1987, C. 402, Pt. A, @171 (rpr))

Title 32 - §9901. Declaration of purpose

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9901. Declaration of purpose

In order to recognize the professional qualifications of dietitians and dietetic technicians and to assure the availability to the public of information regarding those who hold themselves out to be dietitians and dietetic technicians, it is the purpose of this chapter to provide for the licensing of qualified dietitians and dietetic technicians. [1987, c. 313, § 1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9902. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9902. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 389, § 28 (new).]

1. Board. "Board" means the Board of Licensing of Dietetic Practice established under this chapter. [1987, c. 313, § 2 (amd).]

2. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1985, c. 389, § 28 (new).]

3. Department. "Department" means the Department of Professional and Financial Regulation. [1985, c. 389, § 28 (new).]

4. Dietetics. "Dietetics" means the professional discipline of assessing the nutritional needs of an individual, including recognition of the effects of the individual's physical condition and economic circumstances, and the applying of scientific principles of nutrition to prescribing means to ensure the individual's proper nourishment and care. [1985, c. 389, § 28 (new).]

5. Licensed dietetic technician. "Licensed dietetic technician" means a person licensed under this chapter who practices dietetics under the supervision of a dietitian who is licensed in accordance with this chapter. [1995, c. 402, Pt. A, §27 (amd).]

6. Licensed dietitian. "Licensed dietitian" means a person who practices dietetics and who is licensed as a dietitian under this chapter. [1987, c. 313, § 2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9903. Board of Licensing of Dietetic Practice; establishment; compensation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9903. Board of Licensing of Dietetic Practice; establishment; compensation

1. Establishment and membership. There is established, within the Department of Professional and Financial Regulation, the Board of Licensing of Dietetic Practice. The board consists of 5 members appointed by the Governor, including 2 public members who are residents of this State, who do not hold a license to practice dietetics and who have no direct or indirect financial interest in the practice or delivery of dietetic services. Other than these public members, the persons appointed to the board must have been engaged in rendering dietetic services to the public or in teaching or research in dietetics for at least 2 years immediately preceding their appointments. Two board members must be dietitians. The 5th member must be a dietetic technician. The professional members must at all times be holders of valid licenses under this chapter, except for the members of the first board, each of whom must fulfill the requirements for licensing under this chapter. [1995, c. 402, Pt. A, §28 (amd).]

2. Terms of appointment. To the first board established under this chapter, the Governor shall appoint 2 board members for terms of one year, 2 for terms of 2 years and one for a term of 3 years. Appointments made after the initial appointments are for 3-year terms. Appointments of members must comply with section 60. A member of the board may be removed from office for cause by the Governor. [1993, c. 600, Pt. A, §263 (amd).]

3. Meetings. The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings may be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority of the members of the board constitutes a quorum for all purposes. [1995, c. 402, Pt. A, §29 (amd).]

4. Compensation. [1995, c. 625, Pt. A, §39 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9904. Board of Licensing of Dietetic Practice; powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9904. Board of Licensing of Dietetic Practice; powers and duties

1. Powers. The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensing. The board may examine witnesses, administer oaths and shall investigate or cause to be investigated any complaints made to it or any cases of noncompliance with or violation of this chapter. [1987, c. 313, § 3 (amd).]

2. Rules. The board may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, rules relating to professional conduct to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensing and to the establishment of ethical standards of practice for persons licensed to practice dietetics in this State. [1987, c. 313, § 3 (amd).]

3. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter. Hearings must be conducted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV to the extent applicable. [1995, c. 402, Pt. A, §30 (amd).]

4. Records. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions. [1985, c. 389, § 28 (new).]

5. Contracts. [1995, c. 397, §98 (rp).]

6. Reports. No later than August 1st of each year, the board shall submit to the commissioner, for the preceding fiscal year, its annual report of its operations together with such comments and recommendations as the commissioner deems essential. [1985, c. 389, § 28 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9905. Board of Licensing of Dietetic Practice; administrative provisions (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9905. Board of Licensing of Dietetic Practice; administrative provisions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9906. Licensing

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9906. Licensing

1. Licensing required. A person may not practice dietetics or claim to be a dietitian or a dietetic technician unless that person is licensed in accordance with this chapter. [1995, c. 402, Pt. A, §31 (amd).]

2. Individual licensing. Only an individual may be licensed under this chapter. [1987, c. 313, §5 (amd).]

3. Penalty; injunction. A person who violates this section is guilty of a Class E crime. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1985, c. 389, §28 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9907. Requirements for licensing; education; experience

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9907. Requirements for licensing; education; experience

1. Dietitian's licensing. An applicant for licensing as a dietitian must file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements.

A. The applicant must exhibit adherence to established ethical professional standards. [1985, c. 389, §28 (new).]

B. An applicant must present evidence satisfactory to the board of having successfully completed the academic requirements established by the American Dietetic Association or equivalent requirements as determined by the board and must have received a baccalaureate or higher degree from an accredited college or university. As part of the applicant's professional education , the applicant must have completed courses in organic and inorganic chemistry, human physiology, microbiology, principles of sociology or psychology, basic communication skills, economics, food composition, nutrition and management theory. [1995, c. 402, Pt. A, §32 (amd).]

C. An applicant must submit to the board evidence of having successfully completed the experience requirements approved by the American Dietetic Association or equivalent experience approved by the board. That experience must include at least 6 months full-time experience in the field of dietetics, or its part-time equivalent. The experience must have been acquired during or within 5 years of completion of the academic requirements in paragraph B or not more than 5 years before the date of license application. [1995, c. 402, Pt. A, §32 (amd).]

D. The applicant must have successfully completed an examination given by the American Dietetic Association or its equivalent as determined and administered by the board. The examination requirement of this paragraph does not apply to an applicant who presents evidence of having practiced as a dietitian without censure for a period of 10 years immediately prior to September 30, 1987. [1991, c. 509, §32 (amd).]

[1995, c. 402, Pt. A, §32 (amd).]

2. Dietetic technician's licensing. An applicant for licensing as a dietetic technician must file a written application on forms provided by the board showing to the satisfaction of the board that the applicant meets the following requirements.

A. The applicant must exhibit adherence to established ethical professional standards. [1985, c. 389, §28 (new).]

B. The applicant must have graduated from a dietetic technician program approved by the Commission on Accreditation of the American Dietetic Association or its equivalent, as determined by the board, or graduated with a Bachelor of Science Degree in Food and Nutrition from an approved 4-year program. [1985, c. 389, §28 (new).]

C. An applicant must submit to the board evidence of having successfully completed a 2-month work experience approved by the board. That experience must have been acquired during or within 5 years from completion of the academic requirements in paragraph B and not more than 5 years from the date of license application. [1995, c. 402, Pt. A, §32 (amd).]

D. The applicant must have successfully completed an examination given by the American Dietetic Association or its equivalent as determined by the board. [1987, c. 313, §5 (new).]

[1995, c. 402, Pt. A, §32 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9908. Issuance of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9908. Issuance of license

The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fee. Persons currently registered shall be allowed to continue to practice dietetics until their registration is due for renewal. At that time, they shall be required to meet all the requirements of section 9907 in order to receive the license required for the practice of dietetics. [1987, c. 313, § 5 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9909. Term of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9909. Term of license

1. Renewal. A license expires annually on September 30th. Notice of expiration must be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice must include any requests for information necessary for renewal. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the licensing renewal date is subject to all requirements governing new applicants under this chapter. In addition, the board may assess penalties for renewals more than 90 days after expiration. [1999, c. 257, §4 (amd).]

2. Continuing education. Each license renewal must be accompanied by evidence of continuing education or other requirements as established in rule by the board. [1995, c. 402, Pt. A, §33 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9910. Disciplinary actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9910. Disciplinary actions

1. Complaints. The board may order an investigation of a complaint on its own motion or on written complaint filed with it regarding noncompliance with or violation of any section of this chapter or of any rules adopted by the board. [1985, c. 389, §28 (new).]

2. Disciplinary actions; grounds. The board may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the board may refuse to renew or the District Court may revoke, suspend or refuse to renew any license issued under this chapter on any of the following grounds:

A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [1987, c. 313, §6 (amd).]

B. A licensee shall be deemed to have engaged in unprofessional conduct if the licensee violates any standard of professional behavior which has been established in the practice of dietetics; [1989, c. 502, Pt. A, §115 (amd).]

C. Subject to the limitations of Title 5, chapter 341, conviction of a crime which involves dishonesty or false statement or which relates directly to the practice for which the individual is licensed or convicted of any crime for which imprisonment for one year or more may be imposed; or [1987, c. 313, §6 (amd).]

D. Any violation of this chapter or rules adopted by the board. [1985, c. 389, §28 (new).]

[1989, c. 502, Pt. A, §115 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

3. Reinstatement. An application for reinstatement may be made to the board after one year from the date of revocation of a license. [1987, c. 313, §6 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9911. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9911. Fees

1. Amount. Application fees may be established by the board in amounts that are reasonable and necessary. Licensing fees may not exceed the following amounts:

A. For an original dietitian's or dietetic technician's license, $200; [1999, c. 257, §5 (amd).]

B. For a renewal dietitian's or dietetic technician's license, $200; or [1999, c. 257, §5 (amd).]

C. For a temporary dietitian's or dietetic technician's license, $100. [1999, c. 257, §5 (amd).]

[1999, c. 257, §5 (amd).]

2. Deposit of fees. [1995, c. 625, Pt. A, §40 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9912. Reciprocity

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9912. Reciprocity

The board may, in its discretion, grant a license under this chapter to an individual licensed in another state if it determines that the requirements or standards for licensure in that state are equivalent to, or greater than, those established by this chapter. The board may not require an individual licensed in another state to meet requirements or standards for licensure in the State that are more stringent than requirements or standards for licensure imposed on in-state applicants. [1995, c. 402, Pt. A, §35 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9913. Equivalent requirements

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9913. Equivalent requirements

The board shall adopt rules, as it determines necessary and appropriate, to indicate what requirements will be considered the equivalent of the specific education, experience and examination required by section 9907. [1987, c. 313, § 9 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9914. Temporary license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9914. Temporary license

The board shall adopt rules establishing requirements for a temporary license within the scope of this chapter. [1987, c. 313, § 9 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §9915. Persons and practices exempt

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 104: DIETITIANS (HEADING: PL 1987, c. 402, Pt. A, @171 (rpr))
§9915. Persons and practices exempt

Nothing in this chapter prevents the activities of: [1987, c. 313, § 9 (new).]

1. Licensed persons. Any person licensed or registered in this State under any other law from engaging in the profession or occupation for which that person is licensed or registered; [1995, c. 402, Pt. A, §36 (amd).]

2. Persons giving general nutrition-related information. Individuals who give general nutrition-related information; [1987, c. 313, § 9 (new).]

3. State and federal employees. State and federal employees in state or federally funded cooperative extension food and nutrition programs and supplemental food and nutrition programs for women, infants and children; [1987, c. 313, § 9 (new).]

4. Persons marketing or distributing food products. Persons who market or distribute food, food materials or dietary supplements or any person who engages in the explanation of the use of those products or the preparation of those products; and [1987, c. 313, § 9 (new).]

5. Persons providing weight control services. Any person who provides weight control services, provided that:

A. The weight control program either recommends physician consultation generally or has in place procedures which require physician referral when medical conditions, such as heart disease, cancer, diabetes, hypoglycemia, morbid obesity and pregnancy exist; and [1987, c. 313, § 9 (new).]

B. The program has been reviewed by, consultation is available from and no program change may be initiated without prior approval by:

(1) A licensed dietitian;

(2) A dietitian licensed in another state that has licensure requirements determined by the board to be equal to the requirements of this chapter; or

(3) A dietitian in another state without licensing who is registered by the Commission on Dietetic Registration of the American Dietetic Association.
[1987, c. 313, § 9 (new).]

[1987, c. 313, § 9 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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