20:83:02:01. Fees for licensure or renewal. The fees for licensure as a licensed nutritionist are:
(1) An applicant applying for the initial license shall pay a fee of $75;
(2) An applicant for renewal of a license shall pay a fee of $35;
(3) An applicant for late renewal of a license shall pay a fee of $100;
(4) An applicant for a temporary permit shall pay a fee of $50.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-10B-3.
Law Implemented: SDCL 36-10B-8.
ETHICS
Section
20:83:03:01 Code of ethics.
20:83:03:02 Violations.
20:83:03:03 Ethical considerations.
20:83:03:01. Code of ethics. A licensee under SDCL chapter 36-10B shall comply with the following code of ethics:
Principles
1. The practitioner conducts himself/herself with honesty, integrity, and fairness.
2. The practitioner supports and promotes high standards of professional practice. The practitioner accepts the obligation to protect clients, the public, and the profession by upholding the Code of Ethics for the Profession of Dietetics and by reporting perceived violations of the Code through the processes established by the American Dietetic Association (ADA) and its credentialing agency, the Commission on Dietetic Registration (CDR).
3. The practitioner considers the health, safety, and welfare of the public at all times. The practitioner will report inappropriate behavior or treatment of a client by another dietetics practitioner or other professionals.
4. The practitioner complies with all laws and regulations applicable or related to the profession or to the practitioner's ethical obligations as described in this Code.
a. The practitioner must not be convicted of a crime under the laws of the United States, whether a felony or a misdemeanor, an essential element of which is dishonesty.
b. The practitioner must not be disciplined by a state for conduct that would violate one or more of these principles.
c. The practitioner must not commit an act of misfeasance or malfeasance that is directly related to the practice of the profession as determined by a court of competent jurisdiction, a licensing board, or an agency of a governmental body.
5. The practitioner provides professional services with objectivity and with respect for the unique needs and values of individuals.
a. The practitioner does not, in professional practice, discriminate against others on the basis of race, ethnicity, creed, religion, disability, gender, age, gender identity, sexual orientation, national origin, economic status, or any other legally protected category.
b. The practitioner provides services in a manner that is sensitive to cultural differences.
c. The practitioner does not engage in sexual harassment in connection with professional practice.
6. The practitioner does not engage in false or misleading practices or communications.
a. The practitioner does not engage in false or deceptive advertising of his or her services.
b. The practitioner promotes or endorses specific goods or produce only in a manner that is not false or misleading.
c. The practitioner provides accurate and truthful information in communicating with the public.
7. The practitioner withdraws from professional practice when unable to fulfill his or her professional duties and responsibilities to clients and others.
a. The practitioner withdraws from practice when he/she has engaged in abuse of a substance such that it could affect his or her practice.
b. The practitioner ceases practice when he or she has been adjudged by a court to be mentally incompetent.
c. The practitioner will not engage in practice when he or she has a condition that substantially impairs his or her ability to provide effective service to others.
8. The practitioner recognizes and exercises professional judgment within the limits of his or her qualifications and collaborates with others, seeks counsel, or makes referrals as appropriate.
9. The practitioner treats clients and patients with respect and consideration.
a. The practitioner provides sufficient information to enable clients and others to make their own informed decisions.
b. The practitioner respects the client's right to make decisions regarding the recommended plan of care, including consent, modification, or refusal.
10. The practitioner protects confidential information and makes full disclosure about any limitations on his or her ability to guarantee full confidentiality.
11. The practitioner, in dealing with and providing services to clients and others, complies with the same principles set forth above in Principles #3-7.
12. The practitioner practices dietetics based on evidence-based principles and current information.
13. The practitioner presents reliable and substantiated information and interprets controversial information without personal bias, recognizing that legitimate differences of opinion exist.
14. The practitioner assumes a life-long responsibility and accountability for personal competence in practice, consistent with accepted professional standards, continually striving to increase professional knowledge and skills and to apply them in practice.
15. The practitioner is alert to the occurrence of a real or potential conflict of interest and takes appropriate action whenever a conflict arises.
a. The practitioner makes full disclosure of any real or perceived conflict of interest.
b When a conflict of interest cannot be resolved by disclosure, the practitioner takes such other action as may be necessary to eliminate the conflict, including recusal from an office, position, or practice situation.
16. The practitioner permits the use of his or her name for the purpose of certifying that services have been rendered only if he or she has provided or supervised the provision of those services.
17. The practitioner accurately presents professional qualifications and credentials.
a. The practitioner, in seeking, maintaining, and using credentials provided by CDR provides accurate information and complies with all requirements imposed by CDR. The dietetics practitioner uses CDR-awarded credentials ("RD" or "Registered Dietitian"; "DTR" or "Dietetic Technician, Registered"; "CS" or "Certified Specialist"; and "FADA" or "Fellow of the American Dietetic Association") only when the credential is current and authorized by the CDR.
b. The practitioner does not aid any other person in violating any CDR requirements, or in representing himself or herself as CDR-credentialed when he or she is not.
18. The practitioner does not invite, accept, or offer gifts, monetary incentives, or other considerations that affect or reasonably give an appearance of affecting his/her professional judgment.
Clarification of Principle:
a. Whether a gift, incentive, or other item of consideration shall be viewed to affect, or give the appearance of affecting, a dietetics practitioner's professional judgment is dependent on all factors relating to the transaction, including the amount or value of the consideration, the likelihood that the practitioner's judgment will or is intended to be affected, the position held by the practitioner, and whether the consideration is offered or generally available to persons other than the practitioner.
b. It shall not be a violation of this principle for a practitioner to accept compensation as a consultant or employee or as part of a research grant or corporate sponsorship program, provided the relationship is openly disclosed and the practitioner acts with integrity in performing the services or responsibilities.
c. This principle shall not preclude a dietetics practitioner from accepting gifts of nominal value, attendance at educational programs, meals in connection with educational exchanges of information, free samples of products, or similar items, as long as such items are not offered in exchange for or with the expectation of, and do not result in, conduct or services that are contrary to the practitioner's professional judgment.
d. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the dietetics practitioner's ability to carry out professional responsibilities with integrity, impartiality, and competence is impaired.
19. The practitioner demonstrates respect for the values, rights, knowledge, and skills of colleagues and other professionals.
a. The practitioner does not engage in dishonest, misleading, or inappropriate business practices that demonstrate a disregard for the rights or interests of others.
b. The practitioner provides objective evaluations of performance for employees and coworkers, candidates for employment, students, professional association memberships, awards, or scholarships, making all reasonable efforts to avoid bias in the professional evaluation of others.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-10B-3.
Law Implemented: SDCL 36-10B-13.
Reference: American Dietetic Association Commission on Dietetic Registration Code of Ethics for the Profession of Dietetics and Process for Consideration of Ethics Issues, 2009. Copies may be obtained from
http://www.eatrightpro.org/~/media/eatrightpro%20files/career/code%20of%20ethics/coe.ashx.
20:83:03:02. Violations. A violation of any of the ethical standards is considered unprofessional conduct as defined by SDCL 36-10B-13.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-10B-3.
Law Implemented: SDCL 36-10B-13.
20:83:03:03. Ethical considerations. The board may utilize the American Dietetic Association Commission on Dietetic Registration Code of Ethics for the Profession of Dietetics and Process for Consideration of Ethics Issues, 2009, as guidance in determining whether a licensee has violated professional ethical standards and conduct.
Source: 41 SDR 180, effective May 21, 2015.
General Authority: SDCL 36-10B-3.
Law Implemented: SDCL 36-10B-13.
Chapter 20:83:04
Continuing Education
Section
20:83:04:01 Continuing education requirements.
20:83:04:02 Reporting continuing education.
20:83:04:01. Continuing education requirements. To qualify for renewal of a license upon its expiration as prescribed in SDCL chapter 36-10B-9, an applicant for renewal must complete at least fifteen hours of continuing education annually or maintain current registration by the Commission on Dietetic Registration.
Source: 42 SDR 146, effective May 5, 2016.
General Authority: 36-10B-3.
Law Implemented: 36-10B-9.
20:83:04:02. Reporting continuing education. To demonstrate compliance with the continuing education requirements, each licensee under SDCL chapter 36-10B shall sign a statement to confirm completion of the required continuing education units each year at renewal time, and shall present proof if requested by the board. Any licensee under SDCL chapter 36-10B who maintains current registration by the Commission on Dietetic Registration shall meet the continuing education requirements of this chapter.
Source: 42 SDR 146, effective May 5, 2016.
General Authority: SDCL 36-10B-3.
Law Implemented: SDCL 36-10B-9.
