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2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 440
March 15, 2010 - Offered by Representative Pasch.
AB440-ASA1,2,3
1An Act to repeal 146.89 (1) (r) 2., 448.72 (1) (a) and (b), 448.72 (1) (d), 448.72 (1)
2(f), 448.72 (2), 448.74 (1), 448.78 (3) (c) and 448.78 (4) (a), (b) and (c);
to
3renumber and amend 448.70 (1), 448.70 (1m), 448.72 (1) (c), 448.72 (1) (e),
4448.72 (3), 448.72 (4), 448.72 (5), 448.72 (6), 448.76, 448.78 (4) (intro.) and
5448.82;
to consolidate, renumber and amend 448.72 (intro.) and (1) (intro.)
6and 448.74 (intro.) and (2);
to amend 15.406 (2) (intro.), 15.406 (2) (a), 48.981
7(2) (a) 24., 146.81 (1) (em), 146.89 (1) (r) 1., 146.997 (1) (d) 6., 180.1901 (1m) (br),
8251.06 (3) (e) 2., 252.14 (1) (ar) 4m., 440.03 (13) (b) 23., 440.08 (2) (a) 27m.,
9446.02 (6m), subchapter V (title) of chapter 448 [precedes 448.70], 448.70 (2),
10448.70 (3), 448.78 (intro.), 448.78 (1), 448.78 (3) (a), 448.78 (3) (b), 448.78 (5),
11448.80, 448.84 (1), 448.84 (2), 448.86 (title) and (1), 448.86 (2), 448.87 (2) (intro.)
12and (a), 448.87 (2) (b), 448.87 (2) (e), 448.87 (2) (g), 450.10 (3) (a) 5m., 632.895
13(1) (b) 5. b. and 655.45 (1m); and
to create 448.70 (1d), 448.70 (2m), 448.70 (4m),
1448.70 (6) to (9), 448.71, 448.72 (7), 448.72 (8), 448.72 (11), 448.72 (12), 448.76
2(7), 448.82 (1), 448.86 (3) and 448.865 of the statutes;
relating to: licensure of
3dietitian nutritionists and requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB440-ASA1, s. 1
4Section
1. 15.406 (2) (intro.) of the statutes is amended to read:
AB440-ASA1,2,95
15.406
(2) Dietitians
Dietetic nutrition care services affiliated
6credentialing board. (intro.) There is created in the department of regulation and
7licensing, attached to the medical examining board, a
dietitians dietetic nutrition
8care services affiliated credentialing board consisting of the following members
9appointed for 4-year terms:
AB440-ASA1, s. 2
10Section
2. 15.406 (2) (a) of the statutes is amended to read:
AB440-ASA1,2,1211
15.406
(2) (a) Three
dietitians individuals who are
certified licensed as a
12dietitian nutritionist under subch. V of ch. 448.
AB440-ASA1, s. 3
13Section
3. 48.981 (2) (a) 24. of the statutes is amended to read:
AB440-ASA1,2,1414
48.981
(2) (a) 24. A dietitian
nutritionist.
AB440-ASA1, s. 4
15Section
4. 146.81 (1) (em) of the statutes is amended to read:
AB440-ASA1,2,1716
146.81
(1) (em)
A dietitian certified
An individual licensed as a dietitian
17nutritionist under subch. V of ch. 448.
AB440-ASA1,3,220
146.89
(1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental
21hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under
22ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448,
a dietitian
23nutritionist under subch. V of ch. 448, a pharmacist under ch. 450, a chiropractor
1under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under
2subch. III of ch. 448.
AB440-ASA1, s. 7
5Section
7. 146.997 (1) (d) 6. of the statutes is amended to read:
AB440-ASA1,3,76
146.997
(1) (d) 6.
A dietician certified An individual licensed as a dietitian
7nutritionist under subch. V of ch. 448.
AB440-ASA1, s. 8
8Section
8. 180.1901 (1m) (br) of the statutes is amended to read:
AB440-ASA1,3,109
180.1901
(1m) (br)
Dietitians Dietetic nutrition care services affiliated
10credentialing board under subch. V of ch. 448.
AB440-ASA1, s. 9
11Section
9. 251.06 (3) (e) 2. of the statutes is amended to read:
AB440-ASA1,3,1512
251.06
(3) (e) 2. A public health nutritionist, who is a
certified licensed dietitian
13nutritionist, as defined in s. 448.70
(1m) (5), is credentialed as a registered dietitian
14by the Commission on Dietetic Registration, and meets qualifications that the
15department shall specify by rule.
AB440-ASA1, s. 10
16Section
10. 252.14 (1) (ar) 4m. of the statutes is amended to read:
AB440-ASA1,3,1817
252.14
(1) (ar) 4m.
A dietitian certified An individual licensed as a dietitian
18nutritionist under subch. V of ch. 448.
AB440-ASA1, s. 11
19Section
11. 440.03 (13) (b) 23. of the statutes is amended to read:
AB440-ASA1,3,2020
440.03
(13) (b) 23. Dietitian
nutritionist.
AB440-ASA1, s. 12
21Section
12. 440.08 (2) (a) 27m. of the statutes is amended to read:
AB440-ASA1,3,2322
440.08
(2) (a) 27m. Dietitian
nutritionist: November 1 of each even-numbered
23year.
AB440-ASA1,4,6
1446.02
(6m) No chiropractor may provide counsel, direction, guidance, advice,
2or a recommendation to a patient regarding the health effects of vitamins, herbs, or
3nutritional supplements unless the chiropractor has been issued a certificate under
4sub. (2) (c). This subsection does not apply to a chiropractor licensed under this
5chapter who is
certified licensed as a
dietician dietitian nutritionist under subch. V
6of ch. 448.
AB440-ASA1, s. 14
7Section
14. Subchapter V (title) of chapter 448 [precedes 448.70] of the
8statutes is amended to read:
AB440-ASA1,4,14
10SUBCHAPTER V
11DIETITIANS DIETETIC NUTRITION
12
CARE SERVICES AFFILIATED
13
CREDENTIALING BOARD
AB440-ASA1, s. 15
15Section
15. 448.70 (1) of the statutes is renumbered 448.70 (1g) and amended
16to read:
AB440-ASA1,4,1817
448.70
(1g) "Affiliated credentialing board" means the
dietitians dietetic
18nutrition care services affiliated credentialing board.
AB440-ASA1,4,2220
448.70
(1d) "Accreditation commission" means the commission on
21accreditation for dietetics education of the American Dietetic Association or its
22successor.
AB440-ASA1, s. 17
23Section
17. 448.70 (1m) of the statutes is renumbered 448.70 (5) and amended
24to read:
AB440-ASA1,5,2
1448.70
(5) "
Certified
Licensed dietitian
nutritionist" means an individual who
2is
certified licensed as a dietitian
nutritionist under this subchapter.
AB440-ASA1,5,144
448.70
(2) "
Dietetics Dietetic nutrition care services" means the integration
5and application of principles
of nutritional science, biochemistry, derived from the
6sciences of food
science, physiology, food systems
, nutrition, management,
7behavioral science communication, biology, physiology, behavior, and
the social
8science in order sciences to achieve
or and maintain
the optimal human health
of an
9individual or group of individuals. "Dietetics" includes assessing the nutritional
10needs of an individual or group of individuals and determining available resources
11and constraints in meeting those nutritional needs; establishing priorities, goals and
12objectives that meet those nutritional needs and are consistent with available
13resources and constraints; providing nutrition counseling; or developing,
14implementing and managing nutritional care systems.
AB440-ASA1,5,2116
448.70
(2m) "Dietetic nutrition therapy" means a specific application of
17dietetic nutrition care services and the nutrition care process for the management
18of disease or the treatment or rehabilitation of an injury. Dietetic nutrition therapy
19may be applied to an individual or to a group of individuals and may include the use
20of a medically prescribed diet, meal plans, and specialized nutrition solutions
21provided enterally, parenterally, or orally.
AB440-ASA1,5,2423
448.70
(3) "Dietitian
nutritionist" means an individual who
practices dietetics 24engages in the practice of dietetic nutrition care services.
AB440-ASA1,6,2
1448.70
(4m) "General nonmedical nutrition information" means information
2about any of the following:
AB440-ASA1,6,33
(a) Principles of good nutrition and food preparation.
AB440-ASA1,6,44
(b) Foods to be included in a normal daily diet.
AB440-ASA1,6,55
(c) Essential nutrients.
AB440-ASA1,6,66
(d) Sources of essential nutrients, including food and supplements.
AB440-ASA1,6,77
(e) Recommended amounts of essential nutrients.
AB440-ASA1,6,88
(f) The actions of nutrients in the body.
AB440-ASA1,6,99
(g) The effects of an excess or deficiency of a nutrient.
AB440-ASA1, s. 22
10Section
22. 448.70 (6) to (9) of the statutes are created to read:
AB440-ASA1,6,1211
448.70
(6) "Medically prescribed diet" means a diet prescribed to an individual
12by any of the following:
AB440-ASA1,6,1413
(a) A physician, as defined in s. 448.01 (5), acting within the scope of practice
14of his or her license.
AB440-ASA1,6,1615
(b) A physician assistant licensed under subch. II of ch. 448, acting within the
16scope of practice of his or her license.
AB440-ASA1,6,1817
(c) An advanced practice nurse prescriber certified under s. 441.16, acting
18within the scope of practice of his or her license or certificate.
AB440-ASA1,6,2119
(d) A licensed dietitian nutritionist, in consultation with a physician under par.
20(a), a physician assistant under par. (b), or an advanced practice nurse prescriber
21under par. (c).
AB440-ASA1,7,2
22(7) "Nutrition care process" means an integrated and systematic
23problem-solving method used to identify, analyze, and address nutrition-related
24problems of an individual or a group and provide safe, quality, and effective nutrition
1care to that individual or group. "Nutrition care process" includes the following 4
2distinct but interrelated and connected steps:
AB440-ASA1,7,63
(a) Evaluate the nutritional needs of an individual or group based upon
4biochemical, anthropometric, physical, and dietary information about the individual
5or group to determine the extent and cause of nutritional problems and recommend
6nutrition interventions, which may include enteral, parenteral, and oral solutions.
AB440-ASA1,7,87
(b) Identify and label each nutrition-related problem of the individual or group
8to be treated independently.
AB440-ASA1,7,119
(c) Develop and implement planned interventions intended to positively
10change a nutrition-related behavior or environmental condition with the purpose of
11resolving or improving each nutrition-related problem identified in par. (b).
AB440-ASA1,7,1412
(d) Identify and evaluate nutrition-related goals and outcomes for each
13nutrition-related problem diagnosed under par. (b) and monitor and modify, as
14necessary, the interventions developed under par. (c).
AB440-ASA1,7,15
15(8) "Practice of dietetic nutrition care services" includes each of the following:
AB440-ASA1,7,1616
(a) Dietetic nutrition therapy.
AB440-ASA1,7,1717
(b) The nutrition care process.
AB440-ASA1,7,19
18(9) "Registration commission" means the commission on dietetic registration
19of the American Dietetic Association or its successor.
AB440-ASA1,7,23
21448.71 License required. Except as provided in s. 448.72, no individual may
22engage in the practice of dietetic nutrition care services unless the individual is
23licensed under this subchapter.
AB440-ASA1, s. 24
24Section
24. 448.72 (intro.) and (1) (intro.) of the statutes are consolidated,
25renumbered 448.72 (intro.) and amended to read:
AB440-ASA1,8,3
1448.72 Applicability. (intro.)
This No license is required under this 2subchapter
does not do any of the following: (1) (intro.) Require a certificate under
3this subchapter for any of the following:
AB440-ASA1, s. 26
5Section
26. 448.72 (1) (c) of the statutes is renumbered 448.72 (9) and
6amended to read:
AB440-ASA1,8,127
448.72
(9) A
person pursuing a supervised course of study, including
8internships, leading to a degree or certificate student enrolled in
a dietetics
from an 9educational program that is accredited
educational program or an educational
10program approved by the
affiliated credentialing board accreditation commission if
11the student's enrollment is for the purpose of meeting eligibility requirements to take
12the examination for dietitians established by the registration commission.
