Amendment AA7-AB547

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2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 7, TO 2011 ASSEMBLY BILL 547

February 21, 2012 - Offered by Representatives Van Roy and Rivard.

AB547-AA7,1,1 At the locations indicated, amend the bill as follows:

AB547-AA7,1,2 1. Page 10, line 1: before that line insert:

AB547-AA7,1,3 " Section 1g. 15.406 (2) (a) of the statutes is amended to read:

AB547-AA7,1,5 15.406 (2) (a) Three dietitians who are certified licensed under subch. V of ch. 448.".

AB547-AA7,1,6 2. Page 10, line 1: delete " Section 1" and substitute "Section 1r".

AB547-AA7,1,7 3. Page 47, line 6: after that line insert:

AB547-AA7,1,8 " Section 130d. 146.81 (1) (em) of the statutes is amended to read:

AB547-AA7,1,9 146.81 (1) (em) A dietitian certified licensed under subch. V of ch. 448.

AB547-AA7, s. 130h Section 130h. 146.89 (1) (r) 1. of the statutes is amended to read:

AB547-AA7,2,3 146.89 (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 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.

AB547-AA7, s. 130p Section 130p. 146.89 (1) (r) 2. of the statutes is repealed.

AB547-AA7, s. 130t Section 130t. 146.997 (1) (d) 6. of the statutes is amended to read:

AB547-AA7,2,6 146.997 (1) (d) 6. A dietician certified licensed under subch. V of ch. 448.".

AB547-AA7,2,7 4. Page 49, line 18: after that line insert:

AB547-AA7,2,8 " Section 141g. 251.06 (3) (e) 2. of the statutes is amended to read:

AB547-AA7,2,12 251.06 (3) (e) 2. A public health nutritionist, who is a certified licensed dietitian, 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.

AB547-AA7, s. 141r Section 141r. 252.14 (1) (ar) 4m. of the statutes is amended to read:

AB547-AA7,2,14 252.14 (1) (ar) 4m. A dietitian certified licensed under subch. V of ch. 448.".

AB547-AA7,2,15 5. Page 78, line 22: after that line insert:

AB547-AA7,2,16 " Section 228m. 446.02 (6m) of the statutes is amended to read:

AB547-AA7,2,21 446.02 (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 as a dietician dietitian licensed under subch. V of ch. 448.".

AB547-AA7,2,22 6. Page 79, line 2: after that line insert:

AB547-AA7,2,24 " Section 229b. 448.70 (1m) of the statutes is renumbered 448.70 (5) and amended to read:

AB547-AA7,3,2 448.70 (5) "Certified Licensed dietitian" means an individual who is certified licensed as a dietitian under this subchapter.

AB547-AA7, s. 229e Section 229e. 448.72 (1) (intro.), (d) and (f), (4) and (5) of the statutes are amended to read:

AB547-AA7,3,6 448.72 (1) (intro.) Require a certificate license under this subchapter for any of the following:

AB547-AA7,3,8 (d) A dietetic technician or assistant who is working under the supervision of a certified licensed dietitian.

AB547-AA7,3,15 (f) A person who markets or distributes food, food materials or dietary or food supplements, who explains the use, benefits or preparation of food, food materials or dietary or food supplements, who furnishes nutritional information on food, food materials or dietary or food supplements, or who disseminates nutritional information or literature, if the person does not use the title "dietitian" or "certified licensed dietitian" and the person complies with applicable federal, state and local laws.

AB547-AA7,3,19 (4) Prohibit an individual who is registered as a dietitian with the commission on dietetic registration Commission on Dietetic Registration of the American Dietetic Association Academy of Nutrition and Dietetics from using the title "dietitian" or "registered dietitian".

AB547-AA7,3,23 (5) Prohibit an individual who is registered as a dietetic technician with the commission on dietetic registration Commission on Dietetic Registration of the American Dietetic Association Academy of Nutrition and Dietetics from using the title "dietetic technician" or "dietetic technician registered".

AB547-AA7, s. 229h Section 229h. 448.74 (2) of the statutes is amended to read:

AB547-AA7,4,2 448.74 (2) Establish a code of ethics to govern the professional conduct of certified licensed dietitians.

AB547-AA7, s. 229j Section 229j. 448.76 of the statutes is amended to read:

AB547-AA7,4,8 448.76 Use of titles. Except as provided in s. 448.72 (1) (e) and (2) to (6), a person who is not a certified licensed dietitian may not designate himself or herself as a dietitian or licensed dietitian, claim to provide dietetic services, or use any title or initials that represent or may tend to represent the person as certified or licensed as a dietitian or as certified or licensed in a nutrition-related field.

AB547-AA7, s. 229L Section 229L. 448.78 (intro.) of the statutes is amended to read:

AB547-AA7,4,12 448.78 Certification of dietitians Licensure as a dietitian. (intro.) The affiliated credentialing board shall grant a certificate license as a dietitian to an individual who does all of the following:

AB547-AA7, s. 229n Section 229n. 448.78 (1) of the statutes is amended to read:

AB547-AA7,4,15 448.78 (1) Submits an application for the certificate license to the department on a form provided by the department.

AB547-AA7, s. 229p Section 229p. 448.78 (4) (b) of the statutes is amended to read:

AB547-AA7,4,19 448.78 (4) (b) An individual who is registered as a dietitian with the commission on dietetic registration Commission on Dietetic Registration of the American Dietetic Association Academy of Nutrition and Dietetics.

AB547-AA7, s. 229r Section 229r. 448.78 (5) of the statutes is amended to read:

AB547-AA7,5,2 448.78 (5) Passes the registration examination for dietitians established by the commission on dietetic registration of the American dietetic association Commission on Dietetic Registration that is accredited by the National Commission for Certifying Agencies, or passes an equivalent examination approved by the affiliated credentialing board, and held under s. 448.84, to determine fitness to practice dietetics.

AB547-AA7, s. 229u Section 229u. 448.80 of the statutes is amended to read:

AB547-AA7,5,11 448.80 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. A temporary certificate license granted under this section is valid for a period designated by the affiliated credentialing board, not to exceed 9 12 months, and may be renewed once by the affiliated credentialing board.

AB547-AA7, s. 229w Section 229w. 448.82 of the statutes is amended to read:

AB547-AA7,5,18 448.82 Reciprocal certificate license. 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 individual who holds a similar certificate or license in 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.

AB547-AA7, s. 229x Section 229x. 448.86 (title) and (1) of the statutes are amended to read:

AB547-AA7,5,22 448.86 (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.

AB547-AA7, s. 229y Section 229y. 448.86 (2) of the statutes is amended to read:

AB547-AA7,6,3 448.86 (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).

AB547-AA7, s. 229z Section 229z. 448.87 (2) (intro.) and (a) of the statutes are amended to read:

AB547-AA7,6,8 448.87 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a certified licensed dietitian or deny, limit, suspend, or revoke a certificate license granted under this subchapter if it finds that the applicant or certified licensed dietitian has done any of the following:

AB547-AA7,6,10 (a) Made a material misstatement in an application for a certificate license or for renewal of a certificate license.".

AB547-AA7,6,11 7. Page 79, line 20: after that line insert:

AB547-AA7,6,12 " Section 232m. 450.10 (3) (a) 5m. of the statutes is amended to read:

AB547-AA7,6,13 450.10 (3) (a) 5m. A dietitian certified licensed under subch. V of ch. 448.".

AB547-AA7,6,14 8. Page 80, line 8: after that line insert:

AB547-AA7,6,15 " Section 236g. 632.895 (1) (b) 5. b. of the statutes is amended to read:

AB547-AA7,6,17 632.895 (1) (b) 5. b. A dietitian certified licensed under subch. V of ch. 448, if the nutrition counseling is provided on or after July 1, 1995.

AB547-AA7, s. 236r Section 236r. 655.45 (1m) of the statutes is amended to read:

AB547-AA7,6,22 655.45 (1m) For the quarter beginning on July 1, 1995, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the dietitians affiliated credentialing board regarding health care providers certified licensed by the dietitians affiliated credentialing board.".

AB547-AA7,6,23 9. Page 81, line 7: after that line insert: