DAR File No. 38074

Commerce, Occupational and Professional Licensing

Rule R156-49

Dietitian Certification Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38074
Filed: 10/29/2013 09:15:58 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Dietitian Board are proposing amendments to the rule to implement required changes to the name of the credentialing association and registration examination because the national organization changed its name and the name of the examination. Amendments also delete Section R156-49-304 which deals with temporary certification. Temporary certification was originally offered because the examination was only available twice a year. The Division has not issued a temporary certification since 1999.

Summary of the rule or change:

The statute and rule citations are updated throughout the rule. In Section R156-49-102, amendments are made to update the names of the national association and required competency examination and to delete a reference to "temporary certificate holder". Section R156-49-304 is deleted in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Section 58-49-1
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to certified dietitians and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to certified dietitians and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. The Division anticipates it is unlikely the proposed amendments will result in any costs or savings primarily because the certification examination is now offered anytime by appointment and given the fact that no one has applied for temporary certification with the Division since 1999.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to certified dietitians and applicants for licensure in that classification. The Division anticipates it is unlikely the proposed amendments will result in any costs or savings primarily because the certification examination is now offered anytime by appointment and given the fact that no one has applied for temporary certification with the Division since 1999.

Compliance costs for affected persons:

The proposed amendments only apply to certified dietitians and applicants for licensure in that classification. The Division anticipates it is unlikely the proposed amendments will result in any costs or savings primarily because the certification examination is now offered anytime by appointment and given the fact that no one has applied for temporary certification with the Division since 1999.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing updates an existing definition to include a credentialing agency's changed name and deletes a section that has become unnecessary due to increased availability of the licensing examination. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sally Stewart at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at sstewart@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/16/2013

This rule may become effective on:

12/23/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-49. Dietitian Certification Act Rule.

R156-49-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 49, as used in Title 58, Chapters 1 and 49 or this rule:

(1) "CDR" means the Commission on Dietetic Registration which is the credentialing agency for the Academy of Nutrition and Dietetics (formerly the American Dietetic Association).

(2) "Competency examination", as used in Subsection 58-49-4(4), means the Registration Examination for Dietitians or Dietitian Nutritionists established by the CDR.

(3) "Internship or pre-planned professional baccalaureate or post-baccalaureate experience", as used in Subsection 58-49-4(3), means completion of the supervised practice requirements established by the CDR.

(4) "Under the supervision of a certified dietitian", as used in Subsection [R156-49-304(1)(d)]58-49-4(3), means that the supervising certified dietitian is responsible for the dietetic activities performed by the [temporary certificate holder]student or intern.

 

R156-49-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 49.

 

R156-49-302. Qualification for Licensure - CDR Registered Dietitian.

In accordance with Section 58-49-4, CDR registration as a Registered Dietitian is documentation that an individual has completed the requirements of Subsections 58-49-4(2), (3) and (4).

 

R156-49-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1) (a), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 49 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.[

 

R156-49-304. Temporary Dietitian Certificate - Supervision Required.

(1) In accordance with Section 58-1-303, an applicant for temporary dietitian certification shall:

(a) submit an application for temporary dietitian certification in the form prescribed by the division;

(b) pay a fee determined by the department under Section 63J-1-504;

(c) meet all the requirements for certification, except passing the CDR Registration Examination; and

(d) practice dietetics only under the supervision of a certified dietitian.

(2) The temporary certificate will not be issued for a period greater than 10 months.

(3) The temporary certificate will not be renewed or extended for any purpose.]

 

KEY: licensing, dietitians

Date of Enactment or Last Substantive Amendment: [October 19, 1998]2013

Notice of Continuation: February 7, 2013

Authorizing, and Implemented or Interpreted Law: 58-49-1; 58-1-106(1)(a); 58-1-202(1)(a)