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Home > Statutes > Usa Oregon
USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 691 Dietitians
As used in ORS 691.405 to 691.585:

(1) “American Dietetic Association” means the national professional
organization of dietitians that provides direction and leadership for
quality dietetic practice, education and research.

(2) “Board” means the Board of Examiners of Licensed Dietitians
established under ORS 691.485.

(3) “Commission on Dietetic Registration” means the commission on
dietetic registration that is a member of the National Commission for
Health Certifying Agencies.

(4) “Department” means the Department of Human Services.

(5) “Dietetics practice” means the integration and application of
principles derived from the sciences of nutrition, biochemistry, food,
management, physiology and behavioral and social sciences to achieve and
maintain the health of people through:

(a) Assessing the nutritional needs of clients;

(b) Establishing priorities, goals and objectives that meet
nutritional needs of clients;

(c) Advising and assisting individuals or groups on appropriate
nutritional intake by integrating information from a nutritional
assessment with information on food and other sources of nutrients and
meal preparation; and

(d) Evaluating, making changes in and maintaining appropriate
standards of quality in food and nutrition services.

(6) “Licensed dietitian” means a dietitian licensed as provided in
ORS 691.435. [1989 c.487 §1; 2001 c.900 §216]LICENSING On or after the date stated in the
administrative rules adopted by the Board of Examiners of Licensed
Dietitians, no person who is not licensed under ORS 691.435 shall
practice or attempt to practice as a licensed dietitian using in
connection with the name of the person the words or letters “L.D.,” or
“Licensed Dietitian.” [1989 c.487 §2] Any person desiring to be a
licensed dietitian shall apply in writing to the Board of Examiners of
Licensed Dietitians in the form and manner provided by the board. Each
application shall include or be accompanied by evidence, satisfactory to
the board, that the applicant possesses the qualifications prescribed by
ORS 691.435, 691.445 or 691.455. [1989 c.487 §3; 2005 c.21 §10] An applicant shall be
granted a license as a dietitian if the person has:

(1) Filed an application and paid the required application fee;

(2) Received a baccalaureate or post-baccalaureate degree from a
regionally accredited college or university in the United States with a
major course of study in human nutrition, dietetics, foods and nutrition
or food systems management approved by the Board of Examiners of Licensed
Dietitians as meeting the standards for approval of the course of study
under ORS 691.405 to 691.585;

(3) Demonstrated knowledge of the Code of Ethics of the Dietetic
Profession; and either

(4) Satisfactorily completed continuing education requirements
established by the board; or

(5) Completed a planned, continuous program of dietetic experience
approved by the board of 900 hours under the supervision of a licensed
dietitian; and

(6) Passed an examination prescribed by the board. [1989 c.487 §4] The
Board of Examiners of Licensed Dietitians may waive the examination
requirement and grant a license to an applicant for a license as a
dietitian who:

(1) Presents satisfactory evidence to the board of current
registration as a dietitian with the Commission on Dietetic Registration;

(2) Was a practicing dietitian before 1990 and has been employed in
the practice of dietetics for at least three of the 10 years prior to
October 3, 1989; or

(3) At the time of application, received a doctorate degree in
nutrition, dietetics or related physical sciences under a curriculum
approved by the board and been involved in dietetics through practice,
teaching or research related to nutrition care. [1989 c.487 §5]The Board of Examiners of Licensed Dietitians may license
as a dietitian without examination any person who:

(1) On the date the person applies as a licensed dietitian, is
licensed under the laws of any other state or territory of the United
States, if the requirements for licensure of dietitians in the state or
territory in which the applicant is licensed are not less than those
required by ORS 691.405 to 691.585; and

(2) Applies for the license as provided in ORS 691.435. [1989 c.487
§6](1) The Board
of Examiners of Licensed Dietitians shall issue a license with a duration
of not more than two years to each person approved to be licensed. The
license shall be prima facie evidence of the right of the person to whom
it is issued to represent the person as a licensed dietitian subject to
the provisions of ORS 691.405 to 691.585.

(2) Each licensed dietitian shall apply to the board for a renewal
of the license at least 30 days before the expiration date. Licenses
shall expire October 31 of odd-numbered years. Each applicant for renewal
shall submit the required fee and present evidence of completion of at
least 30 hours of continuing education or present evidence of the minimum
continuing education requirements of the American Dietetic Association.
Any license that is not renewed by the expiration date shall be
automatically suspended. The board may reinstate a suspended license upon
payment of a nonrefundable penalty fee and all past unpaid renewal fees.

(3) The license fee shall be one-half the two-year fee if the
license is issued for 12 months or less.

(4) A license that has been suspended by reason of nonpayment of
fees for a period of two years or more shall be renewed upon
reapplication and payment of all applicable fees.

(5) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior to
adopting the fees and charges, the fees and charges established under
this section shall not exceed the cost of administering the regulatory
program for which the fee or charge is established, as authorized by the
Legislative Assembly within the board’s budget to implement ORS 691.405
to 691.585, as the budget may be modified by the Emergency Board. [1989
c.487 §7; 1991 c.77 §1; 1991 c.703 §34; 1993 c.10 §1]BOARD(1) There is established a Board of
Examiners of Licensed Dietitians within the Department of Human Services
for the purpose of carrying out and enforcing the provisions of ORS
691.405 to 691.585.

(2) The board shall consist of seven members appointed by the
department of which:

(a) Two are members of the general public;

(b) One is a physician trained in clinical nutrition; and

(c) Four are dietitians licensed under ORS 691.405 to 691.585 who
have been engaged in the practice of dietetics for no fewer than five
years.

(3) Members of the board shall be appointed for three-year terms
and are eligible for reappointment, but none shall serve more than two
consecutive terms.

(4) Members of the board are entitled to compensation and expenses
as provided in ORS 292.495. [1989 c.487 §8] (1) The Board of Examiners of Licensed
Dietitians shall hold at least two regular meetings each year as provided
by rules adopted by the board.

(2) The board shall keep a record of all its proceedings under ORS
691.405 to 691.585.

(3) A quorum of four members of the board must be present to
conduct the business of the meeting. [1989 c.487 §9] The Board of Examiners of Licensed
Dietitians shall:

(1) Hire and prescribe the duties of an executive secretary who
shall serve at the direction of the board.

(2) Determine the qualifications and fitness of applicants for
licensure, renewal of license and reciprocal licenses.

(3) Subject to the provisions of ORS chapter 183, adopt rules that
are necessary to conduct its business, carry out its duties and
administer ORS 691.405 to 691.585.

(4) Examine, approve, issue, deny, revoke, suspend and renew
licenses of dietitian applicants and licensees under ORS 691.405 to
691.585 and conduct hearings in connection with these actions.

(5) Maintain a public record of every dietitian licensed in this
state including places of business, residence and the date and number of
their license.

(6) Establish standards of professional responsibility and practice
for persons licensed under ORS 691.405 to 691.585 that are consistent
with those standards of professional responsibility and practice adopted
by the American Dietetic Association.

(7) Select a licensing examination offered by the Commission on
Dietetic Registration or other examination.

(8) Establish continuing education requirements for renewal of a
license consistent with the requirements adopted by the Commission on
Dietetic Registration.

(9) Establish additional educational requirements for applicants
for the previous five years of licensure.

(10) Conduct hearings on complaints concerning violations of ORS
691.405 to 691.585 and the rules adopted under ORS 691.405 to 691.585.

(11) Provide for examinations or waiver of examination for
applicants.

(12) Establish examination and licensing fees.

(13) Request and receive the assistance of state educational
institutions or other state agencies.

(14) Prepare information of consumer interest describing the
regulatory functions of the board and describing the procedures by which
consumer complaints are filed with and resolved by the board. The board
shall make the information available to the general public and
appropriate state agencies. [1989 c.487 §10]
Nothing in ORS 691.505 authorizes the Board of Examiners of Licensed
Dietitians to adopt rules restricting competitive bidding or advertising
by licensees except to prohibit false, misleading or deceptive practices.
[1989 c.487 §11]DISCIPLINEThe Board of Examiners of Licensed
Dietitians may deny or refuse to renew a licensee or may suspend or
revoke a license or may impose probationary conditions where the licensee
or applicant has been guilty of:

(1) Unprofessional conduct as defined by the standards of practice
established by the board;

(2) Obtaining or attempting to obtain a license by fraud,
misrepresentation or concealment of material facts;

(3) Violating any lawful order or rule adopted by the board which
may affect the health, welfare or safety of the public; or

(4) Gross negligence or incompetence in the performance of
professional duties. [1989 c.487 §12]The Board of Examiners of Licensed Dietitians may suspend or
revoke the license of any person licensed under ORS 691.405 to 691.585 if
the licensee has been adjudged mentally incompetent by a court of
competent jurisdiction. [1989 c.487 §13] (1)
When the Board of Examiners of Licensed Dietitians proposes to refuse to
issue or renew a license, or proposes to revoke or suspend a license,
opportunity for hearing shall be accorded as provided in ORS chapter 183.

(2) Judicial review of orders under subsection (1) of this section
shall be in accordance with ORS chapter 183. [1989 c.487 §14; 1995 c.79
§349]FUNDING(1) The Board of Examiners of Licensed
Dietitians Account is established in the State Treasury, separate and
distinct from the General Fund. All moneys received by the Board of
Examiners of Licensed Dietitians under ORS 691.405 to 691.585 shall be
deposited into the account and are continuously appropriated to the board
to be used only for the administration and enforcement of ORS 691.405 to
691.585. Any interest or other income from moneys in the account shall be
credited to the account.

(2) All fines collected or received for violations of or
prosecutions under ORS 691.405 to 691.585 shall be paid into the account
and used only for the administration and enforcement of ORS 691.405 to
691.585. [1989 c.487 §15; 2005 c.726 §5]MISCELLANEOUS Upon receipt of a
complaint under ORS 691.405 to 691.585, the Board of Examiners of
Licensed Dietitians shall conduct an investigation as described under ORS
676.165. [1997 c.791 §51](1) Any information that the Board of Examiners of Licensed
Dietitians obtains pursuant to ORS 691.535 or 691.545 is confidential as
provided under ORS 676.175.

(2) Any person who in good faith provides information to the board
pursuant to ORS 691.535 shall not be subject to an action for civil
damages as a result thereof. [1989 c.487 §14a; 1997 c.791 §52]CIVIL PENALTY (1) Violation of any provision of ORS
691.415 to 691.545 is punishable by a civil penalty of not less than $100
nor more than $500.

(2) The Attorney General shall bring an action in the name of the
State of Oregon in a court of appropriate jurisdiction to enforce any
civil penalty imposed under this section. [1989 c.487 §16]

_______________
 
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