[Rev. 11/22/2013 10:09:51 AM--2013]

[NAC-640E Revised Date: 11-13]

CHAPTER 640E - DIETETICS

GENERAL PROVISIONS

640E.010          “Executive Officer” defined.

640E.020          Licensing of persons who engage in practice of dietetics required.

640E.030          Validity of notice sent to licensee or applicant..

LICENSING

640E.050          Applications.

640E.060          Fees.

640E.070          Required actions of licensee or applicant if background investigation cannot be completed.

640E.080          Challenge of accuracy of information provided by Central Repository for Nevada Records of Criminal History.

640E.090          Actions of Executive Officer upon determining that licensee or applicant has been convicted of certain crimes.

640E.100          Issuance of provisional license.

640E.110          Temporary license: Limitations; application.

640E.120          Waiver of examination requirement.

640E.130          Registration with certain organizations deemed to satisfy certain requirements for licensure.

DISCIPLINARY ACTION

640E.200          Complaints regarding unlicensed practice.

640E.210          Complaints against licensee or applicant; investigation.

640E.220          Limitation on filing complaints under certain circumstances.

640E.230          Certain acts considered harmful to public or detrimental to public health or safety.

640E.240          Licensee to pay costs of disciplinary action.

640E.250          Terms of suspension of license; authority of Executive Officer to terminate or extend suspension, modify terms of suspension or revoke license; licensee to pay costs of complying with terms of suspension.

640E.260          Contents of order of revocation of license; reinstatement of license following revocation.

640E.270          Appeal of decision relating to disciplinary action.

DIETITIAN ADVISORY GROUP

640E.300          Establishment; membership; meetings; authorized activities; duties.

 

 

 

GENERAL PROVISIONS

      NAC 640E.010  “Executive Officer” defined. (NRS 640E.110)  As used in this chapter, unless the context otherwise requires, “Executive Officer” means the Executive Officer of the Board.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.020  Licensing of persons who engage in practice of dietetics required. (NRS 640E.110, 640E.360)  Except as otherwise provided in NRS 640E.090 and 640E.170, all persons who engage in the practice of dietetics in this State must be licensed pursuant to this chapter and chapter 640E of NRS.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.030  Validity of notice sent to licensee or applicant. (NRS 640E.110)  Any notice that is required by the provisions of this chapter or chapter 640E of NRS to be delivered by mail or electronically to a licensee or an applicant for a license to engage in the practice of dietetics shall be deemed to be validly given if the notice is sent to the last address or electronic mail address that was provided to the Executive Officer by the licensee or applicant.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

LICENSING

      NAC 640E.050  Applications. (NRS 640E.110, 640E.250)

     1.  All applications submitted pursuant to this chapter and chapter 640E of NRS must be filed with the Executive Officer.

     2.  In addition to any applicable statutory requirements, an application for a license or provisional license to engage in the practice of dietetics, the renewal of such a license or the reinstatement of a such license must include:

     (a) The applicant’s full name, including his or her first name, middle name if applicable and last name.

     (b) Any other name that has been used by the applicant.

     (c) The applicant’s date of birth.

     (d) The applicant’s physical address and the applicant’s mailing address if different than the physical address.

     (e) A telephone number at which the applicant can be reached.

     (f) A method of electronic communication, including, without limitation, an electronic mail address, a telephone number that will accept electronic mail, or any other method by which the Executive Officer may communicate with the applicant other than by telephone or United States mail. The Executive Officer may exempt an applicant from the requirements of this paragraph if the applicant attests that the methods set forth in this paragraph are not feasible for him or her and acknowledges that the United States mail is the only means by which to communicate with the applicant.

     (g) The applicant’s registration number from the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization.

     (h) The status of any disciplinary action against the applicant by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization.

     (i) A statement by the applicant acknowledging the mandatory reporting requirements concerning the abuse, neglect, exploitation or isolation of an older person set forth in NRS 200.5093, the abuse, neglect, exploitation or isolation of a vulnerable person set forth in NRS 200.50935 and the abuse or neglect of a child set forth in NRS 432B.220.

     (j) Any other information required by the Executive Officer to determine the applicant’s identity or eligibility for licensure.

     3.  An application which is not complete or which does not include payment of all applicable fees must be returned to the applicant not later than 10 working days after receipt of the application.

     4.  The Executive Officer shall determine what constitutes satisfactory written evidence required by NRS 640E.150 to be included with an application for a license to engage in the practice of dietetics.

     5.  The Executive Officer shall determine what constitutes satisfactory documentation and other information required by NRS 640E.220 to be included with an application for renewal.

     6.  An applicant shall notify the Executive Officer of any change to the information contained in his or her application within 15 days after the change. The notification may be made in writing, by electronic mail or by any other method authorized by the Executive Officer. The failure of an applicant to comply with the requirements of this subsection constitutes grounds for the denial of the application or the suspension or revocation of the applicant’s license.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.060  Fees. (NRS 640E.110, 640E.150, 640E.180, 640E.190, 640E.220, 640E.240, 640E.250)

     1.  The following nonrefundable fees must be paid by a licensee or an applicant for a license to engage in the practice of dietetics, as applicable:

     (a) For the issuance of a license........................................................................................... $200

     (b) For the issuance of a provisional license........................................................................... 200

     (c) For the issuance of a temporary license.............................................................................. 25

     (d) For the renewal of a license.............................................................................................. 200

     (e) For the late renewal of a license....................................................................................... 100

     (f) For the reinstatement of a license..................................................................................... 200

     (g) For the issuance of a duplicate license or changing the name on a license......................... 20

     2.  The amount of the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for the handling of the fingerprint cards and issuance of the reports of criminal histories must be paid by the applicant.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.070  Required actions of licensee or applicant if background investigation cannot be completed. (NRS 640E.110, 640E.150)

     1.  If the Central Repository for Nevada Records of Criminal History determines that a background investigation of a licensee or an applicant for a license to engage in the practice of dietetics cannot be completed because pertinent information is missing, the Executive Officer shall send a notice to the licensee or applicant which specifies the missing information and provides that the licensee or applicant must:

     (a) Submit the missing information to the Central Repository for Nevada Records of Criminal History within 30 days after receipt of the notice; or

     (b) Submit satisfactory evidence to the Executive Officer that the missing information cannot be obtained.

     2.  If a background investigation cannot be completed because the licensee or applicant has been arrested or issued a citation, or has been the subject of a warrant for alleged criminal conduct, and there has been no disposition of the matter, the licensee or applicant shall:

     (a) Notify the Executive Officer immediately upon the scheduling of any judicial proceeding concerning the matter; and

     (b) Notify the Executive Officer immediately upon the disposition of the matter and forward to the Central Repository for Nevada Records of Criminal History evidence of the disposition of the matter as soon as it is available.

     3.  As used in this section, “disposition” has the meaning ascribed to it in NRS 179A.050.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.080  Challenge of accuracy of information provided by Central Repository for Nevada Records of Criminal History. (NRS 640E.110, 640E.150)  If a licensee or an applicant for a license to engage in the practice of dietetics wishes to challenge the accuracy of the information provided by the Central Repository for Nevada Records of Criminal History, the licensee or applicant must notify the Executive Officer within 10 working days after being notified of the results of the background investigation that the licensee or applicant is challenging the accuracy of the information. Except as otherwise provided in subsection 2 of NAC 640E.090, the Executive Officer shall give the licensee or applicant not less than 30 days after the Executive Officer receives notice of the challenge to provide satisfactory evidence to the Executive Officer that the information is incorrect before suspending the license or denying the application.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.090  Actions of Executive Officer upon determining that licensee or applicant has been convicted of certain crimes. (NRS 640E.110, 640E.270)  The Executive Officer, upon determining that a licensee or an applicant for a license to engage in the practice of dietetics has been convicted of a crime set forth in paragraph (a) of subsection 1 of NRS 449.174:

     1.  May revoke, suspend or refuse to renew the license or deny the application; or

     2.  If the licensee or applicant has notified the Executive Officer pursuant to NAC 640E.080 that the licensee or applicant is challenging the accuracy of information provided by the Central Repository for Nevada Records of Criminal History, may suspend the license or deny the application pending the resolution of the challenge.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.100  Issuance of provisional license. (NRS 640E.110, 640E.180)

     1.  A provisional license may be issued pursuant to NRS 640E.180 to allow a person time to complete all licensure requirements during the period of the provisional license.

     2.  The Executive Officer shall not issue more than one provisional license to any person.

     3.  For the purpose of NRS 640E.180, the Board will interpret the term “under the supervision of a licensed dietitian” as used in subsection 3 of NRS 640E.180 to mean the performance of a task or activity under the direction of a licensed dietitian where the licensed dietitian ensures the accomplishment of the task or activity, including initial direction and periodic inspection of the actual accomplishment of the task or activity.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.110  Temporary license: Limitations; application. (NRS 640E.110, 640E.190)

     1.  Any temporary license issued pursuant to NRS 640E.190 must be limited to the providing of medical nutrition therapy in this State.

     2.  An application for a temporary license must include the following information:

     (a) The applicant’s name, the jurisdiction in which the applicant holds a corresponding license and the number of that license;

     (b) A declaration that the license is in good standing in the jurisdiction in which it was issued;

     (c) The name of the entity for which the licensee will be providing services; and

     (d) The address at which the licensee will be providing services.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.120  Waiver of examination requirement. (NRS 640E.110)

     1.  The Executive Officer may waive the requirement of an examination set forth in paragraph (e) of subsection 1 of NRS 640E.150 if the Executive Officer is satisfied that the experience and qualifications of the applicant for a license to engage in the practice of dietetics justify granting the license without examination.

     2.  The Executive Officer may seek guidance from the Dietitian Advisory Group established pursuant to NAC 640E.300 concerning any request for such a waiver.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.130  Registration with certain organizations deemed to satisfy certain requirements for licensure. (NRS 640E.110)  A dietitian who is registered by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization shall be deemed to have satisfied the requirements for licensure set forth in paragraphs (c), (d) and (e) of subsection 1 of NRS 640E.150.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

DISCIPLINARY ACTION

      NAC 640E.200  Complaints regarding unlicensed practice. (NRS 640E.110, 640E.360, 640.370)

     1.  Upon receipt of a complaint that a person is engaging in the practice of dietetics without a license, the Executive Officer shall send a certified letter to the person about whom the complaint was made which:

     (a) Directs the person immediately to cease and desist from the practice of dietetics; and

     (b) Requires the person to submit to the Executive Officer within 10 days an application for a license to engage in the practice of dietetics or satisfactory evidence that the person is not engaged in the practice of dietetics.

     2.  If the person fails to submit the application or evidence required pursuant to subsection 1 timely:

     (a) The matter must be referred to the Office of the Attorney General and the district attorney of the county in which the alleged violation occurred for investigation and possible prosecution pursuant to NRS 640E.370; and

     (b) A civil penalty may be imposed in accordance with the requirements and limitations of NRS 640E.370.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.210  Complaints against licensee or applicant; investigation. (NRS 640E.110, 640E.290)

     1.  The Executive Officer shall receive a complaint against a licensee or an applicant for a license to engage in the practice of dietetics from any person.

     2.  The Executive Officer shall forward each complaint to the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization for investigation of the complaint. If the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization refuses to investigate the complaint, the Executive Officer may conduct an investigation.

     3.  If, after reviewing the findings of an investigation conducted pursuant to subsection 2, the Executive Officer finds grounds for taking disciplinary action, the Executive Officer shall, after notice and hearing, issue a decision in the matter.

     4.  The failure of a licensee to cooperate with an investigation conducted pursuant to subsection 2 constitutes grounds for disciplinary action against the licensee.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.220  Limitation on filing complaints under certain circumstances. (NRS 640E.110)  No person may file a complaint with the Executive Officer concerning nutrition services which the person receives if he or she knows that the person who provides the nutrition services is neither licensed pursuant to this chapter and chapter 640E of NRS nor engaging in the practice of dietetics under the direct supervision of a licensed dietitian pursuant to NRS 640E.170.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.230  Certain acts considered harmful to public or detrimental to public health or safety. (NRS 640E.110, 640E.270)

     1.  For the purposes of disciplinary action, any of the following acts will be considered to be conduct that is harmful to the public or detrimental to the public health or safety:

     (a) A violation of any provision of this chapter or chapter 640E of NRS; or

     (b) A violation of any provision of the “Code of Ethics” of the Academy of Nutrition and Dietetics.

     2.  The “Code of Ethics” of the Academy of Nutrition and Dietetics is hereby adopted by reference. A copy of the “Code of Ethics” may be obtained free of charge from the Academy of Nutrition and Dietetics by telephone at (800) 877-1600 or on the Internet website http://www.eatright.org/codeofethics/.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.240  Licensee to pay costs of disciplinary action. (NRS 640E.110, 640E.270)  A licensee shall pay all costs incurred in connection with any disciplinary action taken against the licensee.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.250  Terms of suspension of license; authority of Executive Officer to terminate or extend suspension, modify terms of suspension or revoke license; licensee to pay costs of complying with terms of suspension. (NRS 640E.110, 640E.270)

     1.  A person whose license is suspended shall comply with the terms of the suspension that are specified by the Executive Officer, including, without limitation:

     (a) Informing the Executive Officer of the name and address of his or her employer or, if self-employed, the name and address of his or her business.

     (b) Submitting to the Executive Officer copies of evaluations of his or her performance by his or her employer.

     (c) Undergoing counseling with a qualified professional counselor.

     (d) Undergoing treatment for addiction, if the suspension was related to the abuse of alcohol or a controlled substance or some other condition that may be assisted with treatment, by a qualified health care provider.

     (e) Entering into a contract to obtain alcohol or drug rehabilitation services if the suspension was related to the abuse of alcohol or a controlled substance.

     (f) Submitting to the Executive Officer copies of reports prepared by a qualified professional counselor or qualified health care provider.

     (g) Submitting to the Executive Officer self-evaluation reports.

     (h) Submitting to the Executive Officer copies of the results of random screenings for alcohol or controlled substances.

     (i) Meeting with the Executive Officer or a designated representative of the Executive Officer at specified intervals.

     (j) Working under supervision as approved by the Executive Officer or a designated representative of the Executive Officer.

     (k) Completing successfully any educational courses required by the Executive Officer.

     (l) Submitting to the Executive Officer a report from a qualified professional counselor or qualified health care provider which sets forth that, in the opinion of the professional counselor or health care provider, the dietitian presents no risk of harm to his or her clients or the general public.

     (m) Completing successfully a rehabilitation program specified by the Executive Officer.

     2.  The Executive Officer may terminate the suspension of the license at any time.

     3.  If at any time the Executive Officer determines that the licensee has violated the terms of the suspension or that the progress and performance of the licensee under the suspension are unsatisfactory, the Executive Officer may extend the period of the suspension, modify the terms of the suspension or revoke the license of the licensee.

     4.  The licensee shall pay all costs incurred by the licensee to comply with the terms of the suspension of his or her license which are specified by the Executive Officer pursuant to this section.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.260  Contents of order of revocation of license; reinstatement of license following revocation. (NRS 640E.110, 640E.250)

     1.  The Executive Officer shall, in each order of revocation, prescribe a period during which a licensee may not apply for the reinstatement of his or her license. The period must not be less than 1 year or more than 10 years.

     2.  An applicant for the reinstatement of a license must:

     (a) Submit an application for reinstatement on a form prescribed by the Executive Officer;

     (b) Satisfy all the requirements for renewal of a license;

     (c) Attest that he or she has not, during the period of revocation of his or her license, violated any state or federal statute or regulation governing the practice of dietetics; and

     (d) Attest that there is no disciplinary action pending against the licensee before the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization.

     3.  The Executive Officer may designate requirements in addition to the requirements of subsection 2 that must be satisfied before an applicant will be considered for reinstatement of his or her license, including, without limitation, completion of additional courses or programs if the applicant’s license has been revoked for more than 2 years.

     4.  The Executive Officer:

     (a) Shall review an application for the reinstatement of a license to determine whether the application satisfies the requirements of this section; and

     (b) May deny an application for the reinstatement of a license which the Executive Officer determines does not satisfy those requirements.

     5.  In considering an application for the reinstatement of a license which has been revoked, the Executive Officer shall evaluate:

     (a) The severity of the act which resulted in the revocation of the license;

     (b) The conduct of the applicant after the revocation of the license;

     (c) The lapse of time since the revocation of the license;

     (d) The degree of compliance by the applicant with any conditions the Executive Officer specified as a prerequisite for the reinstatement of the license;

     (e) The degree of rehabilitation attained by the applicant as evidenced by statements to the Executive Officer from qualified people who have professional knowledge of the applicant; and

     (f) The truthfulness of the attestations made by the applicant pursuant to subsection 2.

     6.  After completing his or her evaluation, the Executive Officer shall deny or grant the reinstatement of the license.

     7.  If the Executive Officer takes any disciplinary action against a licensee after the reinstatement of his or her license, the first such disciplinary action shall be deemed to be the licensee’s first offense.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

      NAC 640E.270  Appeal of decision relating to disciplinary action. (NRS 640E.110)

     1.  If a person is aggrieved by a decision of the Executive Officer pursuant to this chapter or chapter 640E of NRS relating to the denial, suspension, refusal to renew or revocation of a license, the imposition of an administrative sanction or any other disciplinary action, the aggrieved person may file an appeal of the decision with the Board.

     2.  In any appeal filed with the Board pursuant to subsection 1, unless otherwise provided by the Board:

     (a) The procedures set forth in NAC 439.300 to 439.395, inclusive, apply; and

     (b) For the purposes of NAC 439.300 to 439.395, the decision of the Executive Officer that is the basis of the appeal shall be deemed to be the decision of the Division of Public and Behavioral Health of the Department of Health and Human Services.

     3.  As used in this section, “disciplinary action” has the meaning ascribed to it in NAC 439.304.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)

DIETITIAN ADVISORY GROUP

      NAC 640E.300  Establishment; membership; meetings; authorized activities; duties. (NRS 640E.110, 640E.130)

     1.  The Dietitian Advisory Group is hereby established pursuant to NRS 640E.130.

     2.  The Advisory Group consists of the following five members appointed by the Board:

     (a) Four licensed dietitians; and

     (b) One person who represents the general public.

     3.  The term of each member of the Advisory Group is 4 years. A member may be reappointed.

     4.  If a vacancy occurs in the membership of the Advisory Group, the Board will appoint a qualified person to fill the vacancy.

     5.  The Advisory Group shall meet at least once per year or as otherwise called by the Chair or at the direction of the Board or the Executive Officer.

     6.  To the extent practicable and allowed by law, the Advisory Group shall conduct its meetings by telephone, videoconference or other electronic means.

     7.  At its first meeting each year, the members of the Advisory Group shall select a Chair from among its members. The Chair serves as the liaison to the Board and the Executive Officer.

     8.  The Executive Officer shall provide administrative assistance to the Advisory Group.

     9.  A majority of the members of the Advisory Group constitutes a quorum for the transaction of business. A member shall be deemed present at a meeting if the member is available to participate at the meeting by telephone, videoconference or other electronic means.

     10.  The Advisory Group may:

     (a) Facilitate the development of materials which may be used to educate the public concerning the practice of dietetics;

     (b) Facilitate the exchange of information between dietitians, the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization, the Board and the Executive Officer; and

     (c) To provide recommendations to the Board and the Executive Officer concerning regulations or practices that affect licensees, review disciplinary actions, appeals, denials or revocations of licenses and terms of the suspension or reinstatement of licenses.

     11.  The Advisory Group shall advise the Board and the Executive Officer on issues relating to dietetics if requested.

     (Added to NAC by Bd. of Health by R090-12, eff. 12-20-2012)