04-090 Code Vt. R. 04-030-090-X - ADMINISTRATIVE RULES RELATING TO THE DIETITIAN ADVISORY COMMITTEE

Part 1 GENERAL INFORMATION ON CERTIFICATION DIETITIANS

Section 1.1 THE PURPOSE OF CERTIFICATION

The Secretary of State has been given certain powers by Vermont, law, including the power to protect the public health, safety, and welfare by setting standards, certifying applicants, and regulating certified dietitians and their practices.

Section 1.2 BUSINESS LOCATION

The business location of the Dietitian Advisory Committee (Advisory Committee, advisors) is the Office of the Secretary of State, Office of Professional Regulation, Redstone Office Building, 26 Terrace Street, Montpelier (the office). The mailing address is Office of the Secretary of State, 109 State Street, Montpelier, Vermont 05609-1106. The telephone number is (802) 828-2373. Interested persons may obtain copies of these rules and more information about certification and its requirements and procedures by writing or telephoning the Office.

Section 1.3 ADVISORS TO THE DIRECTOR OF PROFESSIONAL REGULATION

The Secretary of State appoints two certified dietitians for three-year terms to serve as advisors, helping the Director of the office of Professional Regulation (Director) to carry out the certification program.

The Director refers complaints to an investigating team, including at least one advisor. A Special Panel, including the advisors and a public member, holds hearings in disciplinary matters involving charges of unprofessional conduct. In case of disqualification, the Secretary appoints a substitute certified dietitian.

The Advisory Committee also advises the Director on such matters as selecting an examination, setting a passing score, making administrative rules, and approving or denying certification.

Section 1.4 LAWS THAT GOVERN CERTIFICATION

Certification is governed by a specific state law that establishes responsibilities for setting standards, issuing certificates, and regulating the profession. That law is called the Laws Relating To Dietitians, Title 26, Chapter 73, Sections 3381 to 3390. In addition, the Director of the Office of Professional Regulation is obligated to comply with several other state laws, such as the Administrative Procedure Act (Title 3, Vermont Statutes Annotated, Sections 801-849 ); the Law of Professional Regulation (Title 3, Vermont Statutes Annotated, Sections 121-131 ); the Open Meeting Law (Title 1, Vermont Statutes Annotated, Sections 311-314 ), and the Access To Public Records Law (Title 1, Vermont Statutes Annotated, Sections 315-320 ). These laws spell out the rights of an applicant, dietitian, or member of the public.

Part 2 INFORMATION FOR APPLICANTS

Section 2.1 DEFINITIONS

As used in this chapter:

Terms defined in the Dietitians Act have the same meaning when used in these rules. In addition, when used in these rules:

(1) SUPERVISED PRACTICE, by an applicant, means 900 hours of post-baccalaureate dietetics practice that is supervised by a supervisor who is an American Dietetic Association dietitian registered by the Commission on Dietetic Registration. An applicant must have one hour of supervision during each forty hours of supervised practice in a face-to-face setting.

(2) ACCREDITED EDUCATIONAL INSTITUTION means a college or university which has been approved by an institutional accrediting agency recognized by the United States Department of Education.

(3) SUPERVISOR means an American Dietetic Association dietitian registered by the Commission on Dietetic Registration who is responsible for an applicant's work. A supervisor is familiar with the nature of the applicant's activities and monitors the quality of the practice and contributes to the enhancement of self knowledge. "Supervisor" does not include a spouse or family member, or an employer, partner or shareholder in the same enterprise.

Section 2.2 APPLICATIONS

An applicant must submit a completed application form with all supporting documentation and the fee to the Office. Examination applicants must submit the application and the fee by the deadline date in order to be allowed to sit for the examination, although the additional required documentation may be submitted after that date.

The office reviews applications only after the supporting documentation is received, including evidence of a degree, supervised practice and examination results.

Section 2.3 QUALIFICATIONS FOR CERTIFICATION AS A DIETITIAN

As set forth in the Laws Relating to Dietitians, the basic qualifications for certification are (1) a bachelor of arts or science or higher degree in dietetics from an accredited educational institution, (2) 900 hours of supervised practice, and (3) passing the examination. A dietitian registered by the Commission on Dietetic Registration also meets the qualifications for certification as a dietitian.

Section 2.4 SUPERVISED PRACTICE GUIDELINES

The following items, although not all-inclusive, have been determined by the Director to be most relevant to the current practice of the dietetics profession and will be used as a measure of experience objectives and goals to be accomplished through work experience. Failure to list an item does not necessarily mean that it is not relevant or that it cannot be credited toward the experience requirements.

A. Nutritional Services (minimum of 210 hours):

i. Individuals: screening, assessment, and monitoring

ii. Groups: screening, assessment, and monitoring

iii. Normal nutrition/health promotion: planning and intervention

iv. Clinical nutrition: planning and intervention

B. Food Services (minimum of 120 hours):

i. Food planning and production

ii. Service and distribution

iii. Sanitation and safety

iv. Facility management

C. Management (minimum of 90 hours):

i. Human resources

ii. Finance and materials

iii. Products and services

iv. Functions

D. Education & Communication (minimum of 150 hours):

i. Assessment and learner evaluation

ii. Planning

iii. Implementation

E. Evaluation (minimum of 30 hours):

i. Research

ii. Program/services evaluation

iii. Professional standards

The remaining 300 hours are flexible and may be accrued in any category.

Section 2.5 SUPERVISION REPORT

A supervisor must submit a report containing sufficient detail to evaluate an applicant's supervised practice, including:

A. The applicant's name;

B. The supervisor's name, signature, address, certification number, state where granted and date granted;

C. The name and nature of the practice setting, and a description of the client or patient population served;

D. Specific dates of practice covered in the report;

E. Number of practice hours during this period (to include all duties);

F. The applicant's specific duties;

G. Number of face-to-face supervisory hours;

H. Detailed assessment of the applicant's performance;

I. The clinical skills supervised;

J. The ethical practices reviewed; and

K. A verification of status as an American Dietetic Association dietitian registered by the Commission on Dietetic Registration, if the supervisor is certified or licensed in another state. The verification must be provided directly to the Director of Professional Regulation from the other state.

Section 2.6 EXAMINATION

Applicants for certification by examination must pass the Registration Examination for Dietitians administered by the Commission on Dietetic Registration. The examination is administered nationally twice a year, in the spring and fall. Information about the examination may be obtained from the office.

Section 2.7 CERTIFICATION WITHOUT EXAMINATION

To qualify to be certified as a dietitian based on credentials, an applicant must be registered by the Commission on Dietetic Registration. The applicant must provide the information necessary to determine that he or she is registered by the Commission. An applicant who is registered by the Commission does not need to take the dietitian certification examination but must comply with all other eligibility requirements.

Section 2.8 RIGHT TO A WRITTEN DECISION AND APPEAL

If the Director makes the preliminary decision to deny an applicant certification, the Director gives specific reasons in writing and informs the applicant of the right to appeal this preliminary decision to a Special Panel. After giving the applicant an opportunity to present the application and any additional information, the Special Panel affirms, reverses, or modifies the Director's preliminary decision. The applicant may appeal the Special Panel's decision to an appellate officer. Decisions of the appellate officer may be appealed to the Washington Superior Court.

Part 3 INFORMATION FOR CERTIFIED DIETITIANS

Section 3.1 RENEWING CERTIFICATION BIENNIALLY

Certificates expire every two years. Certificants must renew by the expiration date printed on the certificate. Before the expiration date, the office will mail a renewal application and notice of the renewal fee. Certification will expire automatically if the renewal application and fee are not returned to the Office by the expiration date.

Section 3.2 CONTINUING EDUCATION REQUIREMENTS

(a) "Continuing education" means the direct participation of a certified dietitian as a learner in a structured educational format as defined by the Commission on Dietitic Registration.

(b) Every certified dietitian must complete 30 continuing education credits in a two-year renewal period in order to renew certification. A certified dietitian who is renewing his or her certificate for the first time after initial certification is not subject to the 30-hour continuing education requirement.

(c) The office will provide a form upon which all credits most be recorded. The name and date of the activity, the number of credits requested, and the name of the instructor and sponsor must be clearly indicated on the form. The form must be submitted with the biennial certification renewal form.

(d) Each certificant must retain records showing proof of attendance at and proof of course contents of the continuing education activities claimed. Proof of attendance includes the certificate of attendance received during instruction or signature of the facilitator. Proof of course content includes pamphlets, program announcements or official course descriptions.

A copy of the continuing education hour statement of the Commission on Dietitic Registration will satisfy the requirements for proof of attendance and course content for Registered Dietitians.

Continuing education records are subject to inspection and verification by the Office upon request.

(e) A certificant who has been unable to complete the required continuing education by the renewal deadline may apply for an extension, showing extreme hardship. The Director may grant an extension of up to six months to complete the remainder of the required credits. Courses may be used only once to satisfy continuing education requirements. An extension does not waive the requirements to accrue the 30 continuing education credits required during a two-year renewal period.

Section 3.3 CONTINUING EDUCATION PROGRAM APPROVAL

Continuing education programs must be approved by the Commission on Dietetic Registration.

Section 3.4 REINSTATING CERTIFICATION

If a certificate has expired because it was not renewed on time, the certificant may apply for reinstatement and pay the renewal fee for the current renewal period and a late renewal penalty. The certificant does not have to pay renewal fees for years during which the certificate was lapsed. The Director of the office of Professional Regulation may also revoke the right to reinstate a certificate, after an opportunity for a formal hearing, if the certificate has lapsed for five years or longer.

Section 3.5 CHANGE OF NAME OR ADDRESS

A certificant is responsible for notifying the Office in writing immediately if he or she changes name, mailing address or business address.

Section 3.6 PROFESSIONAL STANDARDS

Certified dietitians and applicants for certification may be disciplined for any of ten grounds of unprofessional conduct listed in 26 V.S.A. § 3390. In addition, 3 V.S.A. § 129(a)(6) provides a ground for discipline in this state if a certificant or applicant has been disciplined in another state.

Section 3.7 COMPLAINT PROCEDURE

The office has a procedure for receiving, investigating and acting on complaints of unprofessional conduct. Copies of the procedure are available from the office.

Section 3.8 APPEAL RIGHTS

Cases involving charges of unprofessional conduct are heard by the Special Panel. A party may appeal the decision of the Special Panel to an appellate officer. Decisions of the appellate officer may be appealed to the Washington Superior Court.

Notes

04-090 Code Vt. R. 04-030-090-X

Effective Date: November 1, 1995 (Secretary of State Rule Log #95-66)
* Formerly Rule No. 04 065 001. This rule has not been changed. It has been renumbered and relocated to insure that all rules issued under this Office are properly and uniformly numbered.

Statutory Authority: 26 V.S.A. §§ 3381-3390