Amendment ASA1-AB440

AB440-ASA1, s. 5 Section 5. 146.89 (1) (r) 1. of the statutes, as affected by 2009 Wisconsin Act 93, is amended to read:

AB440-ASA1,3,2 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448, a dietitian nutritionist under subch. V of ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III of ch. 448.

AB440-ASA1, s. 6 Section 6. 146.89 (1) (r) 2. of the statutes, as affected by 2009 Wisconsin Act 93, is repealed.

AB440-ASA1, s. 7 Section 7. 146.997 (1) (d) 6. of the statutes is amended to read:

AB440-ASA1,3,7 146.997 (1) (d) 6. A dietician certified An individual licensed as a dietitian nutritionist under subch. V of ch. 448.

AB440-ASA1, s. 8 Section 8. 180.1901 (1m) (br) of the statutes is amended to read:

AB440-ASA1,3,10 180.1901 (1m) (br) Dietitians Dietetic nutrition care services affiliated credentialing board under subch. V of ch. 448.

AB440-ASA1, s. 9 Section 9. 251.06 (3) (e) 2. of the statutes is amended to read:

AB440-ASA1,3,15 251.06 (3) (e) 2. A public health nutritionist, who is a certified licensed dietitian nutritionist, as defined in s. 448.70 (1m) (5), is credentialed as a registered dietitian by the Commission on Dietetic Registration, and meets qualifications that the department shall specify by rule.

AB440-ASA1, s. 10 Section 10. 252.14 (1) (ar) 4m. of the statutes is amended to read:

AB440-ASA1,3,18 252.14 (1) (ar) 4m. A dietitian certified An individual licensed as a dietitian nutritionist under subch. V of ch. 448.

AB440-ASA1, s. 11 Section 11. 440.03 (13) (b) 23. of the statutes is amended to read:

AB440-ASA1,3,20 440.03 (13) (b) 23. Dietitian nutritionist.

AB440-ASA1, s. 12 Section 12. 440.08 (2) (a) 27m. of the statutes is amended to read:

AB440-ASA1,3,23 440.08 (2) (a) 27m. Dietitian nutritionist: November 1 of each even-numbered year.

AB440-ASA1, s. 13 Section 13. 446.02 (6m) of the statutes is amended to read:

AB440-ASA1,4,6 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice, or a recommendation to a patient regarding the health effects of vitamins, herbs, or nutritional supplements unless the chiropractor has been issued a certificate under sub. (2) (c). This subsection does not apply to a chiropractor licensed under this chapter who is certified licensed as a dietician dietitian nutritionist under subch. V of ch. 448.

AB440-ASA1, s. 14 Section 14. Subchapter V (title) of chapter 448 [precedes 448.70] of the statutes is amended to read:

AB440-ASA1,4,9 chapter 448

AB440-ASA1,4,14 SUBCHAPTER V DIETITIANS DIETETIC NUTRITION CARE SERVICES AFFILIATED CREDENTIALING BOARD

AB440-ASA1, s. 15 Section 15. 448.70 (1) of the statutes is renumbered 448.70 (1g) and amended to read:

AB440-ASA1,4,18 448.70 (1g) "Affiliated credentialing board" means the dietitians dietetic nutrition care services affiliated credentialing board.

AB440-ASA1, s. 16 Section 16. 448.70 (1d) of the statutes is created to read:

AB440-ASA1,4,22 448.70 (1d) "Accreditation commission" means the commission on accreditation for dietetics education of the American Dietetic Association or its successor.

AB440-ASA1, s. 17 Section 17. 448.70 (1m) of the statutes is renumbered 448.70 (5) and amended to read:

AB440-ASA1,5,2 448.70 (5) "Certified Licensed dietitian nutritionist" means an individual who is certified licensed as a dietitian nutritionist under this subchapter.

AB440-ASA1, s. 18 Section 18. 448.70 (2) of the statutes is amended to read:

AB440-ASA1,5,14 448.70 (2) "Dietetics Dietetic nutrition care services" means the integration and application of principles of nutritional science, biochemistry, derived from the sciences of food science, physiology, food systems , nutrition, management, behavioral science communication, biology, physiology, behavior, and the social science in order sciences to achieve or and maintain the optimal human health of an individual or group of individuals. "Dietetics" includes assessing the nutritional needs of an individual or group of individuals and determining available resources and constraints in meeting those nutritional needs; establishing priorities, goals and objectives that meet those nutritional needs and are consistent with available resources and constraints; providing nutrition counseling; or developing, implementing and managing nutritional care systems.

AB440-ASA1, s. 19 Section 19. 448.70 (2m) of the statutes is created to read:

AB440-ASA1,5,21 448.70 (2m) "Dietetic nutrition therapy" means a specific application of dietetic nutrition care services and the nutrition care process for the management of disease or the treatment or rehabilitation of an injury. Dietetic nutrition therapy may be applied to an individual or to a group of individuals and may include the use of a medically prescribed diet, meal plans, and specialized nutrition solutions provided enterally, parenterally, or orally.

AB440-ASA1, s. 20 Section 20. 448.70 (3) of the statutes is amended to read:

AB440-ASA1,5,24 448.70 (3) "Dietitian nutritionist" means an individual who practices dietetics engages in the practice of dietetic nutrition care services.

AB440-ASA1, s. 21 Section 21. 448.70 (4m) of the statutes is created to read:

AB440-ASA1,6,2 448.70 (4m) "General nonmedical nutrition information" means information about any of the following:

AB440-ASA1,6,3 (a) Principles of good nutrition and food preparation.

AB440-ASA1,6,4 (b) Foods to be included in a normal daily diet.

AB440-ASA1,6,5 (c) Essential nutrients.

AB440-ASA1,6,6 (d) Sources of essential nutrients, including food and supplements.

AB440-ASA1,6,7 (e) Recommended amounts of essential nutrients.

AB440-ASA1,6,8 (f) The actions of nutrients in the body.

AB440-ASA1,6,9 (g) The effects of an excess or deficiency of a nutrient.

AB440-ASA1, s. 22 Section 22. 448.70 (6) to (9) of the statutes are created to read:

AB440-ASA1,6,12 448.70 (6) "Medically prescribed diet" means a diet prescribed to an individual by any of the following:

AB440-ASA1,6,14 (a) A physician, as defined in s. 448.01 (5), acting within the scope of practice of his or her license.

AB440-ASA1,6,16 (b) A physician assistant licensed under subch. II of ch. 448, acting within the scope of practice of his or her license.

AB440-ASA1,6,18 (c) An advanced practice nurse prescriber certified under s. 441.16, acting within the scope of practice of his or her license or certificate.

AB440-ASA1,6,21 (d) A licensed dietitian nutritionist, in consultation with a physician under par. (a), a physician assistant under par. (b), or an advanced practice nurse prescriber under par. (c).

AB440-ASA1,7,2 (7) "Nutrition care process" means an integrated and systematic problem-solving method used to identify, analyze, and address nutrition-related problems of an individual or a group and provide safe, quality, and effective nutrition care to that individual or group. "Nutrition care process" includes the following 4 distinct but interrelated and connected steps:

AB440-ASA1,7,6 (a) Evaluate the nutritional needs of an individual or group based upon biochemical, anthropometric, physical, and dietary information about the individual or group to determine the extent and cause of nutritional problems and recommend nutrition interventions, which may include enteral, parenteral, and oral solutions.

AB440-ASA1,7,8 (b) Identify and label each nutrition-related problem of the individual or group to be treated independently.

AB440-ASA1,7,11 (c) Develop and implement planned interventions intended to positively change a nutrition-related behavior or environmental condition with the purpose of resolving or improving each nutrition-related problem identified in par. (b).

AB440-ASA1,7,14 (d) Identify and evaluate nutrition-related goals and outcomes for each nutrition-related problem diagnosed under par. (b) and monitor and modify, as necessary, the interventions developed under par. (c).

AB440-ASA1,7,15 (8) "Practice of dietetic nutrition care services" includes each of the following:

AB440-ASA1,7,16 (a) Dietetic nutrition therapy.

AB440-ASA1,7,17 (b) The nutrition care process.

AB440-ASA1,7,19 (9) "Registration commission" means the commission on dietetic registration of the American Dietetic Association or its successor.

AB440-ASA1, s. 23 Section 23. 448.71 of the statutes is created to read:

AB440-ASA1,7,23 448.71 License required. Except as provided in s. 448.72, no individual may engage in the practice of dietetic nutrition care services unless the individual is licensed under this subchapter.

AB440-ASA1, s. 24 Section 24. 448.72 (intro.) and (1) (intro.) of the statutes are consolidated, renumbered 448.72 (intro.) and amended to read:

AB440-ASA1,8,3 448.72 Applicability. (intro.) This No license is required under this subchapter does not do any of the following: (1) (intro.) Require a certificate under this subchapter for any of the following:

AB440-ASA1, s. 25 Section 25. 448.72 (1) (a) and (b) of the statutes are repealed.

AB440-ASA1, s. 26 Section 26. 448.72 (1) (c) of the statutes is renumbered 448.72 (9) and amended to read:

AB440-ASA1,8,12 448.72 (9) A person pursuing a supervised course of study, including internships, leading to a degree or certificate student enrolled in a dietetics from an educational program that is 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-ASA1, s. 27 Section 27. 448.72 (1) (d) of the statutes is repealed.

AB440-ASA1, s. 28 Section 28. 448.72 (1) (e) of the statutes is renumbered 448.72 (10) and amended to read:

AB440-ASA1,8,20 448.72 (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 dietetic nutrition care services as part of that service or employment.

AB440-ASA1, s. 29 Section 29. 448.72 (1) (f) of the statutes is repealed.

AB440-ASA1, s. 30 Section 30. 448.72 (2) of the statutes is repealed.

AB440-ASA1, s. 31 Section 31. 448.72 (3) of the statutes is renumbered 448.76 (3) and amended to read:

AB440-ASA1,9,5 448.76 (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-ASA1, s. 32 Section 32. 448.72 (4) of the statutes is renumbered 448.76 (4) and amended to read:

AB440-ASA1,9,10 448.76 (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-ASA1, s. 33 Section 33. 448.72 (5) of the statutes is renumbered 448.76 (5) and amended to read:

AB440-ASA1,9,16 448.76 (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-ASA1, s. 34 Section 34. 448.72 (6) of the statutes is renumbered 448.76 (6) and amended to read:

AB440-ASA1,9,25 448.76 (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 individual 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-ASA1, s. 35 Section 35. 448.72 (7) of the statutes is created to read:

AB440-ASA1,10,4 448.72 (7) An individual who is lawfully practicing within the scope of a license or certificate granted under subch. XII of ch. 440, chs. 441, 446, or 447, subchs. I to IV, VI, and VII of ch. 448, or chs. 449 to 451.

AB440-ASA1, s. 36 Section 36. 448.72 (8) of the statutes is created to read:

AB440-ASA1,10,10 448.72 (8) A retailer that sells food, food materials, dietary supplements, and other goods at the retailer's establishment or a similar establishment and that furnishes oral or written general nonmedical nutrition information related to the sale, marketing, and distribution of the food, food materials, dietary supplements, or other goods.

AB440-ASA1, s. 37 Section 37. 448.72 (11) of the statutes is created to read:

AB440-ASA1,10,14 448.72 (11) (a) An individual who provides weight control services to a client or group of clients through a program of instruction that has been reviewed and approved in writing by one of the following:

AB440-ASA1,10,15 1. An individual licensed under this subchapter.

AB440-ASA1,10,16 2. A physician as defined in s. 448.01 (5).

AB440-ASA1,10,20 3. An individual who is licensed or certified as a dietitian or dietitian nutritionist under the laws of another state that has licensure or certification requirements that the affiliated credentialing board determines to be substantially equivalent to the licensure requirements under s. 448.78.

AB440-ASA1,10,22 4. An individual who is registered as a dietitian with the registration commission.

AB440-ASA1,11,2 (b) An individual who provides weight control services as provided under par. (a) may not initiate changes to the program of instruction until the changes have been reviewed and approved in writing by an individual who is authorized to review and approve a program of instruction under par. (a).

AB440-ASA1, s. 38 Section 38. 448.72 (12) of the statutes is created to read:

AB440-ASA1,11,8 448.72 (12) An individual practicing under the disciplines, tenets, or traditions of a recognized religious organization and providing information and services to other individuals who are adherents to or members of the same recognized religious organization if the individual provides to the other individuals a written disclosure that contains the information required under s. 448.865 (1) (b) 2.