LRB-3872/2
TKK:kjf:pg
2007 - 2008 LEGISLATURE
January 31, 2008 - Introduced by Representatives Moulton, Turner, Mursau,
Nelson, Musser, A. Ott, Seidel, Pope-Roberts, Suder, Vruwink and
Petrowski, cosponsored by Senators Carpenter, Vinehout, Kreitlow,
Schultz, Taylor, Plale, Roessler, Darling, Kapanke and Lehman. Referred
to Committee on Health and Healthcare Reform.
AB742,2,2
1An Act to repeal 448.72 (1) (a) and (b), 448.72 (1) (d), 448.72 (1) (f), 448.72 (2),
2448.74 (1), 448.78 (3) (c) and 448.78 (4) (a), (b) and (c);
to renumber and
3amend 448.70 (1), 448.70 (1m), 448.72 (1) (c), 448.72 (1) (e), 448.72 (3), 448.72
4(4), 448.72 (5), 448.72 (6), 448.76, 448.78 (4) (intro.) and 448.82;
to consolidate,
5renumber and amend 448.72 (intro.) and (1) (intro.) and 448.74 (intro.) and
6(2);
to amend 15.406 (2) (intro.), 15.406 (2) (a), 48.981 (2) (a) 24., 146.81 (1)
7(em), 146.89 (1) (r), 146.997 (1) (d) 6., 180.1901 (1m) (br), 252.14 (1) (ar) 4m.,
8440.03 (13) (b) 23., 440.08 (2) (a) 27m., 446.02 (6m), subchapter V (title) of
9chapter 448 [precedes 448.70], 448.70 (2), 448.70 (3), 448.78 (intro.), 448.78 (1),
10448.78 (3) (a), 448.78 (3) (b), 448.78 (5), 448.80, 448.84 (1), 448.84 (2), 448.86,
11448.87 (2) (intro.) and (a), 448.87 (2) (b), 448.87 (2) (e), 448.87 (2) (g), 450.10 (3)
12(a) 5m., 632.895 (1) (b) 5. b. and 655.45 (1m);
to repeal and recreate 440.08
13(2) (a) 27m. and 448.86 (2); and
to create 448.70 (1d), 448.70 (5) to (7), 448.71,
14448.72 (7) and (8), 448.72 (11), 448.72 (12), 448.76 (7), 448.82 (1) and 448.86 (3)
1of the statutes;
relating to: licensure of dietitians and requiring the exercise
2of rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the regulation of dietitians.
Licensure and use of titles
Under current law, a person may be certified as a dietitian by the Dietitians
Affiliated Credentialing Board (board) in the Department of Regulation and
Licensing (DRL). With certain exceptions, current law prohibits a person who is not
certified by the board from designating himself or herself as a dietitian, claiming to
provide dietetic services, or using any title or initial that would represent that person
as certified or licensed as a dietitian or in a nutrition-related field.
"Dietitian" is defined under current law as an individual who practices
dietetics, which is defined to mean the integration and application of principles from
nutritional science, biochemistry, food systems management, and other fields in
order to achieve or maintain the health of an individual or group of individuals.
"Dietetics" is further defined under current law to include assessing the nutritional
needs of an individual or group of individuals; establishing priorities, goals and
objectives to meet those nutritional needs; and providing nutritional counseling.
This bill changes the title of a person licensed by the board from "dietitian" to
"dietitian or nutritionist," and defines a dietitian or nutritionist as a person who
practices dietetics and nutrition care services. The bill also changes the title of the
board to the Dietetics and Nutrition Care Services Affiliated Credentialing Board.
The bill defines "dietetics and nutrition care services" to mean the integration and
application of principles derived from the sciences of food, nutrition, management,
communication, biology, physiology, behavior, and the social sciences to achieve and
maintain optimal human health. The bill defines the "practice of dietetics and
nutrition care services" to exclude the retail sale of food products or vitamins, but to
include: 1) the assessment of the nutritional needs of an individual or group of
individuals; 2) establishing priorities, goals, and objectives to meet these nutritional
needs; and 3) medical nutrition therapy. The bill defines "medical nutrition therapy"
as nutritional diagnostic, therapy, and counseling services provided for the purpose
of managing disease.
The bill directs the board to license, not certify, persons as a licensed dietitian
or nutritionist. The bill prohibits a person who is not licensed from practicing
dietetics or nutrition care services. The bill also prohibits, with certain exceptions,
a person who is not licensed by the board from using any of the following titles or
initials: dietitian, certified dietitian, licensed dietitian, nutritionist, certified
nutritionist, licensed nutritionist, dietitian and nutritionist, certified dietitian and
nutritionist, licensed dietitian and nutritionist, nutrition consultant, nutritional
consultant, L.D., L.N., L.D.N., or any title or initials that may tend to represent that
the person is certified or licensed as a dietitian or in a nutrition-related field.
Requirements for licensure by the board
To be certified as a dietitian or nutritionist under current law, a person must
do all of the following:
1. Receive a bachelor's, master's, or doctoral degree in certain fields, including
human nutrition, nutrition education, and food system management, received from
a college or university that the board determines is regionally accredited. If the
college or university is not located in the United States, the degree must be
substantially equivalent to a degree offered by a regionally accredited college or
university. Alternatively, a person may receive a degree from a program approved
by the board.
2. Complete at least 900 supervised hours of dietetics practice.
3. Pass the registration examination, or its equivalent, established by the
American Dietetic Association (ADA).
Under current law, a person who has satisfied the educational and practice
requirements described above, and who has applied to take the next available
examination, may obtain a temporary dietitian certificate.
Under the bill, to be licensed by the board, an individual must do all of the
following:
1. Possess a bachelor's, master's, or doctoral degree granted from a regionally
accredited college or university and complete a didactic program in dietetics
approved by the ADA. If the college or university is not located in the United States,
the academic degree must be deemed equivalent to the degree granted by a United
States regionally accredited college or university.
2. Complete 900 supervised practice hours under a supervised practice
program accredited by the ADA.
3. Pass the registration examination for dietitians established by the ADA.
Under the bill, a person who satisfies the educational and practice
requirements described above, and who submits a letter from the ADA verifying that
person's registration eligibility status, may obtain a temporary license.
The bill requires an applicant for renewal of a license to provide DRL with the
following: 1) proof of registration with the ADA; or 2) satisfactory completion of
continuing education requirements established by the board by rule.
Exemptions from licensure
Current law exempts a person who is licensed or certified and lawfully
practicing as any of the following from obtaining certification from the board
provided the person practices within the scope of his or her license or certificate and
does not claim to be a dietitian or licensed in a nutrition-related field: nurses,
chiropractors, dentists, physicians, physical therapists, podiatrists, athletic
trainers, occupational therapists, optometrists, pharmacists, acupuncturists,
nursing home administrators, and persons to whom a practice or procedure is
delegated by any of the above. In addition, current law exempts the following from
obtaining certification from the board: 1) persons who are pursuing a degree or
certificate from an educational program approved by the board; 2) a dietetic
technician or assistant working under the supervision of a certified dietitian; 3) a
dietitian serving in the U.S. armed forces; and 4) a person who markets or distributes
food and other goods, who explains the use, benefits, or preparation of food and other
goods, and who furnishes nutritional information about food and other goods
provided that person does not claim to be a dietitian or certified dietitian and that
person complies with applicable law.
Under the bill, only the following persons do not need to obtain a license from
the board: 1) a physician; 2) a dietitian or nutritionist serving in the U.S. armed
forces; 3) a licensed chiropractor who has obtained nutritional counseling
certification; 4) a retailer that furnishes oral or written general nutrition
information about food and other goods in connection with the marketing and
distribution of those goods; 5) a person who is not practicing dietetics and nutrition
care services who provides general nutrition information about food and other goods;
and 6) a person who provides weight control services under a program of instruction
approved in writing by a licensed dietitian, a physician, or a person registered as a
dietitian with the ADA.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB742, s. 1
1Section
1. 15.406 (2) (intro.) of the statutes is amended to read:
AB742,4,62
15.406
(2) Dietitians Dietetics and nutrition care services affiliated
3credentialing board. (intro.) There is created in the department of regulation and
4licensing, attached to the medical examining board, a
dietitians dietetics and
5nutrition care services affiliated credentialing board consisting of the following
6members appointed for 4-year terms:
AB742, s. 2
7Section
2. 15.406 (2) (a) of the statutes is amended to read:
AB742,4,98
15.406
(2) (a) Three
dietitians individuals who are
certified licensed as a
9dietitian or nutritionist under subch. V of ch. 448.
AB742, s. 3
10Section
3. 48.981 (2) (a) 24. of the statutes is amended to read:
AB742,4,1111
48.981
(2) (a) 24. A dietitian
or nutritionist.
AB742, s. 4
12Section
4. 146.81 (1) (em) of the statutes is amended to read:
AB742,5,2
1146.81
(1) (em)
A dietitian certified An individual licensed as a dietitian or
2nutritionist under subch. V of ch. 448.
AB742, s. 5
3Section
5. 146.89 (1) (r) of the statutes is amended to read:
AB742,5,124
146.89
(1) (r) "Volunteer health care provider" means an individual who is
5licensed as a physician under ch. 448, dentist or dental hygienist under ch. 447,
6registered nurse, practical nurse, or nurse-midwife under ch. 441, optometrist
7under ch. 449, or physician assistant under ch. 448, who is
certified licensed as a
8dietitian
or nutritionist under subch. V of ch. 448, or who is a nurse practitioner, as
9defined in s. 255.06 (1) (d), and who receives no income from the practice of that
10health care profession or who receives no income from the practice of that health care
11profession when providing services at the nonprofit agency or school specified under
12sub. (3).
AB742, s. 6
13Section
6. 146.997 (1) (d) 6. of the statutes is amended to read:
AB742,5,1514
146.997
(1) (d) 6.
A dietician certified An individual licensed as a dietitian or
15nutritionist under subch. V of ch. 448.
AB742, s. 7
16Section
7. 180.1901 (1m) (br) of the statutes is amended to read:
AB742,5,1817
180.1901
(1m) (br)
Dietitians Dietetics and nutrition care services affiliated
18credentialing board under subch. V of ch. 448.
AB742, s. 8
19Section
8. 252.14 (1) (ar) 4m. of the statutes is amended to read:
AB742,5,2120
252.14
(1) (ar) 4m.
A dietitian certified An individual licensed as a dietitian
21or nutritionist under subch. V of ch. 448.
AB742, s. 9
22Section
9. 440.03 (13) (b) 23. of the statutes is amended to read:
AB742,5,2323
440.03
(13) (b) 23. Dietitian
or nutritionist.
AB742, s. 10
24Section
10. 440.08 (2) (a) 27m. of the statutes is amended to read:
AB742,6,2
1440.08
(2) (a) 27m. Dietitian
or nutritionist: November 1 of each
2even-numbered year; $56.
AB742, s. 11
3Section
11. 440.08 (2) (a) 27m. of the statutes, as affected by
2007 Wisconsin
4Act 20 and 2007 Wisconsin Act .... (this act), is repealed and recreated to read:
AB742,6,65
440.08
(2) (a) 27m. Dietitian or nutritionist: November 1 of each
6even-numbered year.
AB742, s. 12
7Section
12. 446.02 (6m) of the statutes is amended to read:
AB742,6,138
446.02
(6m) No chiropractor may provide counsel, direction, guidance, advice,
9or a recommendation to a patient regarding the health effects of vitamins, herbs, or
10nutritional supplements unless the chiropractor has been issued a certificate under
11sub. (2) (c). This subsection does not apply to a chiropractor licensed under this
12chapter who is
certified licensed as a
dietician dietitian or nutritionist under subch.
13V of ch. 448.
AB742, s. 13
14Section
13. Subchapter V (title) of chapter 448 [precedes 448.70] of the
15statutes is amended to read:
AB742,6,20
17SUBCHAPTER V
18DIETITIANS DIETETICS AND NUTRITION
19
CARE SERVICES AFFILIATED
20
CREDENTIALING BOARD
AB742, s. 14
22Section
14. 448.70 (1) of the statutes is renumbered 448.70 (1g) and amended
23to read: