AB440: Bill Text

AB440, s. 23 Section 23. 448.72 (1) (a) and (b) of the statutes are repealed.

AB440, s. 24 Section 24. 448.72 (1) (c) of the statutes is renumbered 448.72 (9) and amended to read:

AB440,9,2 448.72 (9) A person pursuing a supervised course of study, including internships, leading to a degree or certificate student enrolled in a dietetics educational program that is from an accredited educational program or an educational program approved by the affiliated credentialing board accreditation commission if the student's enrollment is for the purpose of meeting eligibility requirements to take the examination for dietitians established by the registration commission.

AB440, s. 25 Section 25. 448.72 (1) (d) of the statutes is repealed.

AB440, s. 26 Section 26. 448.72 (1) (e) of the statutes is renumbered 448.72 (10) and amended to read:

AB440,9,10 448.72 (10) A dietitian nutritionist who is serving in the U.S. armed forces, as defined in s. 40.02 (57m), or in the commissioned corps of the federal public health service or is employed by the U.S. veterans administration, and who is engaged in the practice of dietetics and nutrition care services as part of that service or employment.

AB440, s. 27 Section 27. 448.72 (1) (f) of the statutes is repealed.

AB440, s. 28 Section 28. 448.72 (2) of the statutes is repealed.

AB440, s. 29 Section 29. 448.72 (3) of the statutes is renumbered 448.76 (3) and amended to read:

AB440,9,19 448.76 (3) Prohibit an An individual described in sub. (1) (e) from using s. 448.72 (10) may use the title "dietitian nutritionist" or any letters or designation that represents or may tend to represent the individual as a dietitian nutritionist, if the title, letters, or designation is used only in the course of the individual's service or employment.

AB440, s. 30 Section 30. 448.72 (4) of the statutes is renumbered 448.76 (4) and amended to read:

AB440,9,24 448.76 (4) Prohibit an An individual who is registered as a dietitian with the registration commission on dietetic registration of the American Dietetic Association from using may use the title " dietitian" or "registered dietitian" or the initials, "R.D.".

AB440, s. 31 Section 31. 448.72 (5) of the statutes is renumbered 448.76 (5) and amended to read:

AB440,10,6 448.76 (5) Prohibit an An individual who is registered as a dietetic technician with the registration commission on dietetic registration of the American Dietetic Association from using may use the title "dietetic technician" or," "dietetic technician registered" registered," or the initials, "D.T.R.".

AB440, s. 32 Section 32. 448.72 (6) of the statutes is renumbered 448.76 (6) and amended to read:

AB440,10,14 448.76 (6) Prohibit an An individual from using may use the title "dietitian",," "dietitian nutritionist," "licensed dietitian" or," "licensed dietitian nutritionist," "certified dietitian"," or certified dietitian nutritionist" if the person is licensed or certified as a dietitian or dietitian nutritionist under the laws of another state which has licensure or certification requirements that the affiliated credentialing board determines to be substantially equivalent to the requirements under s. 448.78.

AB440, s. 33 Section 33. 448.72 (7) of the statutes is created to read:

AB440,10,18 448.72 (7) A person who is lawfully practicing within the scope of a license or certificate granted under chs. 441, 446, or 447, subchs. I to IV, VI, and VII of ch. 448, or 449 to 451.

AB440, s. 34 Section 34. 448.72 (11) of the statutes is created to read:

AB440,10,24 448.72 (11) (a) A retailer that furnishes oral or written general nutrition information related to food, food materials, dietary supplements, and other goods sold at the retailer's establishment or a similar establishment in connection with the marketing and distribution of the food, food materials, dietary supplements, or other goods at the retailer's establishment.

AB440,11,7 (b) A person who furnishes information to a client or group of clients regarding lifestyle, or who markets, distributes, sells, or furnishes general nutrition information to a client or group of clients as to the use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, foods, and food or dietary supplements, and who complies with s. 448.865. A person under this paragraph may not provide dietetic and nutrition therapy or engage in the practice of dietetics and nutrition care services other than as specified in this paragraph.

AB440, s. 35 Section 35. 448.72 (12) of the statutes is created to read:

AB440,11,12 448.72 (12) A person who provides weight control services to an individual or group of individuals, provided the person complies with s. 448.76 and presents a general program of instruction for weight control that has been approved in writing by one of the following:

AB440,11,13 (a) A person licensed under this subchapter.

AB440,11,14 (b) A physician as defined in s. 448.01 (5).

AB440,11,18 (c) A person who is licensed or certified as a dietitian or dietitian nutritionist under the laws of another state which has licensure or certification requirements that the affiliated credentialing board determines to be substantially equivalent to the licensure requirements under s. 448.78.

AB440,11,19 (d) A person who is registered as a dietitian with the registration commission.

AB440, s. 36 Section 36. 448.74 (intro.) and (2) of the statutes are consolidated, renumbered 448.74 and amended to read:

AB440,12,2 448.74 Duties of affiliated credentialing board. The affiliated credentialing board shall promulgate rules that do all of the following: (2) Establish a code of ethics establish by rule standards of practice to govern the professional conduct of certified dietitians an individual licensed as a dietitian nutritionist, including a code of ethics, and may promulgate rules necessary for the administration and enforcement of this subchapter.

AB440, s. 37 Section 37. 448.74 (1) of the statutes is repealed.

AB440, s. 38 Section 38. 448.76 of the statutes is renumbered 448.76 (1) and amended to read:

AB440,12,14 448.76 (1) Except as provided in s. 448.72 (1) (e) and (2) subs. (3) to (6) (7), a person who is not a certified licensed as a dietitian nutritionist may not designate himself or herself as a dietitian, claim to provide dietetic services nutritionist; use or assume the title "dietitian," "certified dietitian," "licensed dietitian" "certified nutritionist," "licensed nutritionist," "dietitian nutritionist," "certified dietitian nutritionist," or "licensed dietitian nutritionist"; append to the person's name the letters "L.D.," "L.N.," or "L.D.N."; or use any title or initials that represent or may tend to represent the person as certified or licensed as a dietitian nutritionist or as certified or licensed in a nutrition-related field.

AB440, s. 39 Section 39. 448.76 (7) of the statutes is created to read:

AB440,12,17 448.76 (7) An individual with a temporary license under s. 448.80 shall use the title "registry eligible dietitian," which title shall not be abbreviated or capitalized.

AB440, s. 40 Section 40. 448.78 (intro.) of the statutes is amended to read:

AB440,12,21 448.78 Certification of dietitians Licensure as a dietitian nutritionist. (intro.) The affiliated credentialing board shall grant a certificate license as a dietitian nutritionist to an individual who does all of the following:

AB440, s. 41 Section 41. 448.78 (1) of the statutes is amended to read:

AB440,12,24 448.78 (1) Submits an application for the certificate license to the department on a form provided by the department.

AB440, s. 42 Section 42. 448.78 (3) (a) of the statutes is amended to read:

AB440,13,7 448.78 (3) (a) Received Possesses a bachelor's, master's, or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a program at granted by a United States regionally accredited college or university that is regionally accredited, as determined by the affiliated credentialing board, and that is located in a state or territory of the United States and successfully completes a didactic program in dietetics accredited by the accreditation commission.

AB440, s. 43 Section 43. 448.78 (3) (b) of the statutes is amended to read:

AB440,13,15 448.78 (3) (b) Received Possesses a bachelor's, master's, or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a program at granted by a college or university that is not located in a state or territory of the United States if an independent agency approved by the affiliated credentialing board determines registration commission has determined that the program degree is substantially equivalent to a program degree described under par. (a).

AB440, s. 44 Section 44. 448.78 (3) (c) of the statutes is repealed.

AB440, s. 45 Section 45. 448.78 (4) (intro.) of the statutes is renumbered 448.78 (4) and amended to read:

AB440,13,23 448.78 (4) Submits evidence satisfactory to the affiliated credentialing board that he or she has completed a supervised practice program accredited by the accreditation commission with at least 900 supervised practice hours of dietetics practice in any state or territory of the United States under the supervision of any of the following:.

AB440, s. 46 Section 46. 448.78 (4) (a), (b) and (c) of the statutes are repealed.

AB440, s. 47 Section 47. 448.78 (5) of the statutes is amended to read:

AB440,14,4 448.78 (5) Passes the registration examination for dietitians established by the registration commission on dietetic registration of the American dietetic association, or passes an equivalent examination approved by the affiliated credentialing board, and held under s. 448.84, to determine fitness to practice dietetics.

AB440, s. 48 Section 48. 448.80 of the statutes is amended to read:

AB440,14,14 448.80 Temporary certificate license. Upon application and payment of the fee specified in s. 440.05 (6), the affiliated credentialing board may grant a temporary dietitian certificate license to an individual who satisfies the requirements under s. 448.78 (1) to (4) and has submitted an application to take the next available examination under s. 448.84 submits a letter from the registration commission verifying registration eligibility status. A temporary certificate license granted under this section is valid for a period designated by the affiliated credentialing board, not to exceed 9 6 months, and may be renewed once by the affiliated credentialing board.

AB440, s. 49 Section 49. 448.82 of the statutes is renumbered 448.82 (intro.) and amended to read:

AB440,14,19 448.82 Reciprocal certificate license. (intro.) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a dietitian certificate license to an the following:

AB440,14,23 (2) An individual who holds a similar certificate or license in issued by another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 448.78.

AB440, s. 50 Section 50. 448.82 (1) of the statutes is created to read:

AB440,14,25 448.82 (1) An individual who is registered with the registration commission.

AB440, s. 51 Section 51. 448.84 (1) of the statutes is amended to read:

AB440,15,6 448.84 (1) The affiliated credentialing board shall conduct or arrange contract for administration of examinations for dietitian certification nutritionist licensure at least semiannually and at times and places determined by the affiliated credentialing board, locations within this state and shall provide public notice of each examination at least 90 days before the date of the examination.

AB440, s. 52 Section 52. 448.84 (2) of the statutes is amended to read:

AB440,15,10 448.84 (2) Examinations held under sub. (1) shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of dietetics and nutrition care services.

AB440, s. 53 Section 53. 448.86 (title) and (1) of the statutes are amended to read:

AB440,15,14 448.86 (title) Issuance of certificate license; expiration and renewal. (1) The department shall issue a certificate license to each individual who is certified licensed under this subchapter.

AB440, s. 54 Section 54. 448.86 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB440,15,21 448.86 (2) The renewal dates for certificates licenses granted under this subchapter, other than temporary certificates licenses granted under s. 448.80, are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

AB440, s. 55 Section 55. 448.86 (3) of the statutes is created to read:

AB440,16,2 448.86 (3) An applicant for renewal of a license granted under this subchapter shall provide to the department proof of satisfactory completion of at least the minimum continuing professional education credits required by the registration commission and shall submit one of the following:

AB440,16,3 (a) Proof of valid registration with the registration commission.

AB440,16,6 (b) Verification from the registration commission that the applicant has completed and accurately reported at least the minimum continuing professional education credits required by the commission.

AB440, s. 56 Section 56. 448.865 of the statutes is created to read:

AB440,16,10 448.865 Disclosure required to provide certain services. A person providing services as authorized under s. 448.72 (11) (b) shall comply with all of the following:

AB440,16,12 (1) Provide to the client or clients of the person a written disclosure that contains the following information:

AB440,16,14 (a) The name, professional title, business address, and business telephone number of the person.

AB440,16,16 (b) A statement that the person is not licensed as a dietitian nutritionist in this state.

AB440,16,19 (c) A statement that the person may not provide a medical diagnosis or recommend that the client of the person discontinue medically prescribed treatments.

AB440,16,21 (2) Clearly post in the person's place of business a copy of the written disclosure under sub. (1).

AB440,16,25 (3) Prior to providing services to a client, obtain from the client a signed and dated statement on which the client confirms receiving and reading the disclosure required under sub. (1). The person shall maintain the signed statement in the client's file for 7 years after the client has ceased being a client of the person.

AB440, s. 57 Section 57. 448.87 (2) (intro.) and (a) of the statutes are amended to read:

AB440,17,6 448.87 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a certified licensed dietitian nutritionist or deny, limit, suspend, or revoke a certificate license granted under this subchapter if it finds that the applicant or certified licensed dietitian nutritionist has done any of the following:

AB440,17,8 (a) Made a material misstatement in an application for a certificate license or for renewal of a certificate license.

AB440, s. 58 Section 58. 448.87 (2) (b) of the statutes is amended to read:

AB440,17,12 448.87 (2) (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of dietetics and nutrition care services.

AB440, s. 59 Section 59. 448.87 (2) (e) of the statutes is amended to read:

AB440,17,16 448.87 (2) (e) Subject to ss. 111.321, 111.322 and 111.34, practiced engaged in the practice of dietetics and nutrition care services while his or her ability to practice was impaired by alcohol or other drugs.

AB440, s. 60 Section 60. 448.87 (2) (g) of the statutes is amended to read:

AB440,17,20 448.87 (2) (g) Engaged in conduct while practicing engaged in the practice of dietetics and nutrition care services which evidences a lack of knowledge or ability to apply professional principles or skills.

AB440, s. 61 Section 61. 450.10 (3) (a) 5m. of the statutes is amended to read:

AB440,17,23 450.10 (3) (a) 5m. A dietitian certified An individual licensed as a dietitian nutritionist under subch. V of ch. 448.

AB440, s. 62 Section 62. 632.895 (1) (b) 5. b. of the statutes is amended to read:

AB440,18,3 632.895 (1) (b) 5. b. A dietitian certified An individual licensed as a dietitian nutritionist under subch. V of ch. 448, if the nutrition counseling is provided on or after July 1, 1995.

AB440, s. 63 Section 63. 655.45 (1m) of the statutes is amended to read: