Chapter 402
S.P. 659 - L.D. 1842
PART Y
Sec. Y-1. 32 MRSA §9903, as amended by PL 1995, c. 625, Pt. A, §39, is further amended to read:
1. Establishment and membership.
There is established, within the Department of Professional and Financial Regulation department, the Board of Licensing of Dietetic Practice. The board consists of 5 members appointed by the Governor, including 2 public members who are residents of this State, who do not hold a license to practice dietetics and who have no direct or indirect financial interest in the practice or delivery of dietetic services as defined in Title 5, section 12004-A. Other than these public members, the persons appointed to the board must have been engaged in rendering dietetic services to the public or in teaching or research in dietetics for at least 2 years immediately preceding their appointments. Two board members must be dietitians. The 5th member must be a dietetic technician. The professional members must at all times be holders of valid licenses under this chapter, except for the members of the first board, each of whom must fulfill the requirements for licensing under this chapter.
2. Terms of appointment.
To the first board established under this chapter, the Governor shall appoint 2 board members for terms of one year, 2 for terms of 2 years and one for a term of 3 years. Appointments made after the initial appointments are for 3-year terms. Appointments of members must comply with Title 10, section 60 8009. A member of the board may be removed from office for cause by the Governor.
3. Meetings; chair; quorum.
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings may must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority of the Three members of the board constitutes constitute a quorum for all purposes.
Sec. Y-2. 32 MRSA §9904, as amended by PL 1995, c. 402, Pt. A, §30, is further amended to read:
1. Powers.
The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensing. The board may examine witnesses, administer oaths and shall investigate or cause to be investigated any complaints made to it or any cases of noncompliance with or violation of this chapter.
2. Rules.
The board may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, rules relating to professional conduct to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensing and to the establishment of ethical standards of practice for persons licensed to practice dietetics in this State.
3. Hearings.
Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter. Hearings must be conducted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV to the extent applicable.
4. Records.
The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions.
6. Reports.
No later than August 1st of each year, the board shall submit to the commissioner, for the preceding fiscal year, its annual report of its operations together with such comments and recommendations as the commissioner deems essential.
Sec. Y-3. 32 MRSA §9906, sub-§3, as enacted by PL 1985, c. 389, §28 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
3. Penalty.
A person who violates this section is guilty of a Class E crime subject to the provisions of Title 10, section 8003-C. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
Sec. Y-4. 32 MRSA §9907, as amended by PL 1995, c. 402, Pt. A, §32, is further amended to read:
1. Dietitian's licensing.
An applicant for licensing as a dietitian must file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements.A. The applicant must exhibit adherence to established ethical professional standards trustworthiness and competency.
B. An applicant must present evidence satisfactory to the board of having successfully completed the academic requirements established by the American Dietetic Association or equivalent requirements as determined by the board and must have received a baccalaureate or higher degree from an accredited college or university. As part of the applicant's professional education , the applicant must have completed courses in organic and inorganic chemistry, human physiology, microbiology, principles of sociology or psychology, basic communication skills, economics, food composition, nutrition and management theory.
C. An applicant must submit to the board evidence of having successfully completed the experience requirements approved by the American Dietetic Association or equivalent experience approved by the board. That experience must include at least 6 months full-time experience in the field of dietetics, or its part-time equivalent. The experience must have been acquired during or within 5 years of completion of the academic requirements in paragraph B or not more than 5 years before the date of license application.
D. The applicant must have successfully completed an examination given by the American Dietetic Association or its equivalent as determined and administered approved by the board. The examination requirement of this paragraph does not apply to an applicant who presents evidence of having practiced as a dietitian without censure for a period of 10 years immediately prior to September 30, 1987.
2. Dietetic technician's licensing.
An applicant for licensing as a dietetic technician must file a written application on forms provided by the board showing to the satisfaction of the board that the applicant meets the following requirements.A. The applicant must exhibit adherence to established ethical professional standards trustworthiness and competency.
B. The applicant must have graduated from a dietetic technician program approved by the Commission on Accreditation of the American Dietetic Association or its equivalent, as determined by the board, or graduated with a Bachelor of Science Degree in Food and Nutrition from an approved 4-year program.
C. An applicant must submit to the board evidence of having successfully completed a 2-month work experience approved by the board. That experience must have been acquired during or within 5 years from completion of the academic requirements in paragraph B and not more than 5 years from the date of license application.
D. The applicant must have successfully completed an examination given by the American Dietetic Association or its equivalent as determined by the board.
Sec. Y-5. 32 MRSA §9908, as amended by PL 1987, c. 313, §5, is further amended to read:
The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fee as set under section 9911. Persons currently registered shall be allowed to continue to practice dietetics until their registration is due for renewal. At that time, they shall be required to meet all the requirements of section 9907 in order to receive the license required for the practice of dietetics.
Sec. Y-6. 32 MRSA §9909, sub-§1, as amended by PL 1999, c. 257, §4, is further amended to read:
1. Renewal.
A license expires annually on September 30th or such other time as the commissioner may designate. Notice of expiration must be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice must include any requests for information necessary for renewal.Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to together with the additional late fee and renewal fee as set under section 9911. Any person who submits an application for renewal more than 90 days after the licensing renewal date is subject to all requirements governing new applicants under this chapter. In addition, the board may assess penalties for renewals more than 90 days after expiration.
Sec. Y-7. 32 MRSA §9910, as amended by PL 1989, c. 502, Pt. A, §115 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.
Sec. Y-8. 32 MRSA §9911, as amended by PL 1999, c. 257, §5, is repealed and the following enacted in its place:
The Director of the Office of Licensing and Registration may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $200. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. Y-9. 32 MRSA §9915, sub-§5, ¶B, as enacted by PL 1987, c. 313, §9, is amended to read:
B.
The program has been reviewed by, consultation is available from and no program change may be initiated without prior approval by:
(1) A licensed dietitian;
(2) A dietitian licensed in another state that has licensure requirements determined by the board to be equal to the requirements of this chapter; or
(3) A dietitian in another state without licensing who is registered by the Commission on Dietetic Registration of the American Dietetic Association or its successor or other organization approved by the board.