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CHAPTER 36-10B

DIETETICS AND NUTRITION

36-10B-1    Definition of terms.

36-10B-2    Licensing and designation.

36-10B-3    Duties of board.

36-10B-4    Nutrition and dietetics advisory committee--Appointment--Terms--Duties.

36-10B-5    Nutrition or dietetics practice--Nutrition care services.

36-10B-6    Qualifications for dietetics and nutrition licensure.

36-10B-7    Application process--Fees.

36-10B-8    Fee classifications.

36-10B-9    License renewal.

36-10B-10    Issuance of temporary permit.

36-10B-11    License by reciprocity--Qualifications.

36-10B-12    Waiver of examination--Requirements of licensure.

36-10B-13    Restricting licensure.

36-10B-14    Review of restriction on licensure.

36-10B-15    Related activities not requiring licensure as nutritionist or dietitian.


36-10B-1Definition of terms.

Terms used in this chapter mean:

(1)    "Accredited college or university," a college or university accredited by the United States regional accrediting agencies recognized by the Council on Postsecondary Accreditation and the United States Department of Education;

(2)    "Board," the South Dakota State Board of Medical and Osteopathic Examiners;

(3)    "Commission," the Commission on Dietetic Registration that is a member of the National Commission for Certifying Agencies;

(4)    "Committee," the Nutrition and Dietetics Advisory Committee to the board;

(5)    "Dietitian," a person who engages in nutrition or dietetics practice and uses the title dietitian pursuant to § 36-10B-2;

(6)    "Licensed nutritionist," a person licensed under this chapter;

(7)    "Nutritionist," a person who engages in nutrition or dietetics practice and uses the title of nutritionist pursuant to § 36-10B-2;

(8)    "Nutrition care services," any of the following:

(a)    Assessment of the nutritional needs of individuals or groups;

(b)    Establishment of priorities, goals, and objectives to meet nutritional needs;

(c)    Provision of nutrition counseling for both normal and therapeutic needs;

(d)    Development, implementation, and management of nutrition care services; or

(e)    Evaluation, adjustment, and maintenance of appropriate standards of quality in nutrition care;

(9)    "Nutritional assessment," the evaluation of the nutritional needs of individuals or groups based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake;

(10)    "Nutrition counseling," advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.

Source: SL 1996, ch 240, § 1.


36-10B-2Licensing and designation.

Except as provided in § 36-10B-15, no person may practice nutrition and dietetics or provide nutrition care services unless licensed or otherwise authorized to practice under this chapter. No person may practice as a licensed nutritionist, use the title nutritionist, dietitian, or licensed nutritionist, or use the abbreviation LN, unless licensed under this chapter. A licensed nutritionist may use the title licensed nutritionist and the abbreviation LN. A violation of this section is a Class 2 misdemeanor.

A dietitian registered by the Commission on Dietetic Registration may use the title registered dietitian and the designation RD.

Source: SL 1996, ch 240, § 2.


36-10B-3Duties of board.

The board may:

(1)    Examine qualified applicants for a license to practice nutrition and dietetics, issue licenses to applicants who meet the requirements established by this chapter, and renew licenses as recommended by the committee; and

(2)    Adopt rules pursuant to chapter 1-26, that set professional, practice, and ethical standards for licensed nutritionists.

Source: SL 1996, ch 240, § 3.


36-10B-4. Nutrition and dietetics advisory committee--Appointment--Terms--Duties.

The board shall appoint a nutrition and dietetics advisory committee composed of five members. The members shall be registered dietitians or qualified nutritionists. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term.

The committee may assist the board in evaluating the qualifications of applicants for licensure. The committee may make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings.

Source: SL 1996, ch 240, § 4; SL 2005, ch 199, § 30; SL 2020, ch 167, § 6.


36-10B-5Nutrition or dietetics practice--Nutrition care services.

A practice in nutrition or dietetics involves the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social science to achieve and maintain the health of people. The primary function of a nutrition and dietetic practice is the provision of the following nutrition care services:

(1)    Assessing the nutritional needs of individuals and groups;

(2)    Establishing priorities, goals, and objectives that meet nutritional needs;

(3)    Providing nutrition counseling in health and disease;

(4)    Developing, implementing, and managing nutrition care systems; and

(5)    Evaluating, making changes in, and maintaining appropriate standards of quality in nutrition care.

Source: SL 1996, ch 240, § 5.


36-10B-6Qualifications for dietetics and nutrition licensure.

The board shall recognize two educational tracks as equivalent qualifications required to obtain licensure.

(1)    Dietetics. The board shall issue a license as a nutritionist to an applicant who files a completed application, pays all required fees, and provides satisfactory evidence to the board that the applicant meets the following qualifications:

(a)    Has a valid, current registration with the commission which gives the applicant the right to use the title registered dietitian or RD; or has received a baccalaureate or postgraduate degree from an accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food service management;

(b)    Has completed a documented, supervised pre-professional practice experience component in dietetic practice of not less than nine hundred hours under the supervision of a registered dietitian, nutrition or dietetic professional licensed by a state, or a person with a doctoral degree conferred by an accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management. Supervised practice experience must be completed in the United States or its territories. Supervisors who obtain their doctoral degree outside the United States and its territories must have their degrees approved by the board as equivalent to the doctoral degree conferred by an accredited college or university; and

(c)    Has successfully completed the registration examination for dietitians administered by the commission;

(2)    Nutrition. The board shall issue a license as a nutritionist to an applicant who files a completed application, pays all required fees, and provides evidence satisfactory to the board that the applicant meets the following qualifications:

(a)    Has received a master's or doctoral degree from an accredited college or university with a major course of study in human nutrition, public health nutrition, clinical nutrition, nutrition education, community nutrition, or foods and nutrition; and

(b)    Has successfully completed a comprehensive nutrition competence examination administered by the commission.

Source: SL 1996, ch 240, § 6.


36-10B-7Application process--Fees.

Any person requesting a license under this chapter shall apply to the board through a written application process as promulgated by rules pursuant to chapter 1-26. The application shall be accompanied by an application fee in an amount determined by the board by rules promulgated pursuant to chapter 1-26.

Source: SL 1996, ch 240, § 7.


36-10B-8Fee classifications.

The board may promulgate fees for the following fee classifications:

(1)    Initial license fee not to exceed seventy dollars;

(2)    Renewal of license fee not to exceed thirty-five dollars;

(3)    Late renewal fee not to exceed one hundred dollars; and

(4)    Temporary permit fee not to exceed fifty dollars.

Source: SL 1996, ch 240, § 8.


36-10B-9License renewal.

A license may be renewed upon payment of the renewal fee, documentation and the successful completion of at least fifteen hours of continuing education annually or an accumulation of a total of seventy-five hours of continuing education during a five-year period. The board may set the requirements for the continuing education by rules promulgated pursuant to chapter 1-26. A late fee will be required for renewal applications received thirty days after the annual renewal date.

Source: SL 1996, ch 240, § 9.


36-10B-10Issuance of temporary permit.

The board may grant a temporary permit to any applicant who has completed the education and experience requirements of this chapter. The temporary permit confers all the privileges of a license to practice dietetics or nutrition. The temporary permit is nonrenewable and expires one year after the issuance date.

Source: SL 1996, ch 240, § 10.


36-10B-11License by reciprocity--Qualifications.

The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in another state or territory of the United States if, the standards for licensure in that state are not less stringent than the requirements set forth in this chapter.

Source: SL 1996, ch 240, § 11.


36-10B-12Waiver of examination--Requirements of licensure.

For one year beginning on July 1, 1996, the board shall waive the examination requirement and grant a nutritionist license to any person who meets the following requirements:

(1)    Is a dietitian registered with the commission; or

(2)    Meets the educational requirements specified in this chapter and has practiced nutrition or dietetics in good standing for the equivalent of one year during the last five years.

Source: SL 1996, ch 240, § 12.


36-10B-13Restricting licensure.

The board may refuse to renew or grant a license or suspend, revoke, or restrict the license of a person, if under the procedures of chapter 1-26 the board determines the applicant:

(1)    Is engaged in nutrition or dietetic practice in a manner harmful or dangerous to a client or to the public;

(2)    Is guilty of fraud or misrepresentation in the procurement of any license under this chapter;

(3)    Is convicted of a felony. The record of conviction or a certified copy of it shall be conclusive evidence of the conviction;

(4)    Has failed to fulfill continuing education requirements;

(5)    Has engaged in unethical or unprofessional conduct as defined in rules promulgated by the board;

(6)    Has obtained a license by means of fraud, misrepresentation, or concealment of material facts.

Source: SL 1996, ch 240, § 13.


36-10B-14Review of restriction on licensure.

At the request of the applicant, the board shall review the suspension, revocation, or restriction of a license against whom the disciplinary action was taken. The board may grant a license previously refused, restore a license that has been revoked, or reduce a period of suspension or restriction of a license for reasons found sufficient.

Source: SL 1996, ch 240, § 14.


36-10B-15Related activities not requiring licensure as nutritionist or dietitian.

This chapter does not prohibit:

(1)    A dietetic student enrolled in an approved academic program in nutrition and dietetics from engaging in the practice of nutrition and dietetics under the supervision of a licensed nutritionist if the person clearly uses the appropriate student title;

(2)    Any person in the process of fulfilling the professional experience requirements in nutrition or dietetics necessary for licensure from practicing under the supervision of a licensed nutritionist if the person clearly uses the appropriate trainee title;

(3)    Any person, including a dietetic technician or other paraprofessional, from working in a program supervised by a licensed nutritionist, if the person's activities are within the scope of the person's designated education and training and if the person does not use the title nutritionist or dietitian unless licensed;

(4)    A nutritionist or dietitian who is serving in the armed forces, public health services of the United States, or Veterans Administration from engaging in the practice of nutrition and dietetics if such practice is related to such service or employment;

(5)    Any person who does not represent himself as a licensed dietitian or licensed nutritionist from furnishing information on food, food materials, or dietary supplements or from engaging in the explanation to customers about food, food materials, or dietary supplements in connection with the marketing and distribution of these products;

(6)    Any person who provides weight control services from providing those services if the program has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by a licensed nutritionist or a licensed nutritionist from another state that has licensure requirements at least as stringent as the requirements for licensure under this chapter, or from a dietitian registered by the commission;

(7)    Any person licensed to practice medicine, nursing, pharmacy, dentistry, or chiropractic from advising patients on nutrition when nutrition practice is incidental to the practice of the person's profession and the person does not use the title nutritionist or dietitian unless so licensed;

(8)    Any educator employed by a federal, state, county, or municipal agency, elementary or secondary school, accredited college or university, or nonprofit agency, from giving advice on nutrition if the person's activities are within the scope of the person's employment and the person does not use the title nutritionist or dietitian unless licensed.

Source: SL 1996, ch 240, § 15.


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