CHAPTER Diet 100 ORGANIZATIONAL RULES
PART Diet 101 PURPOSE
Diet 101.01 Purpose. These rules implement the statutory
responsibilities of the
Source. #7771,
eff 10-3-02
PART Diet 102 DEFINITIONS
Diet 102.01 Terms
Used. The following terms shall have
the following definitions:
(a) “Administrator”
means the person with delegated authority to perform administrative and
clerical functions for the board.
(b) “Board” means
"board" as defined in RSA 326-H:3, I, namely, "the board of
licensed dietitians."
(c)
"Dietitian" means “dietitian” as defined by RSA 326-H:3, III,
namely “a person who is a food and nutrition professional who meets the minimum
academic and professional requirements that have enabled that individual to be
credentialed by the Commission on Dietetic Registration as a registered
dietitian."
(d)
"Licensee" means a person who holds a license issued by the
board.
Source. #7771,
eff 10-3-02
PART Diet 103 DESCRIPTION OF THE AGENCY
Diet 103.01 Composition of the Board. The board consists of 5 members appointed in
accordance with RSA 326-H:7.
Source. #7771,
eff 10-3-02
Diet 103.02 Responsibilities
of the Board. The board’s
responsibilities include:
(a) The granting and
issuance of licenses to qualified applicants;
(b) The
establishment of standards for the approval of continuing education programs;
(c) The granting and
issuance of renewal licenses;
(d) The
reinstatement of licenses;
(e) The
establishment of a code of ethics for the practice of licensees; and
(f) The
investigation of complaints against licensees and the subsequent undertaking of
any necessary disciplinary proceedings and disciplinary actions against
licensees.
Source. #7771,
eff 10-3-02
Diet 103.03 Officers. The board selects its chairperson from among
its members.
Source. #7771,
eff 10-3-02
Diet 103.04 Meetings.
(a) The board shall
meet no fewer than 4 times a year, and at such additional times as the board
chair, or a majority of the board, shall designate.
(b) The time and
place of the meetings shall be noticed to the public in accordance with RSA
91-A:2, II.
Source. #7771,
eff 10-3-02
Diet 103.05 Ineligibility
of Board Members to Participate.
(a) A board member
shall not be eligible to vote on, or substantively participate in, matters
pertaining to:
(1) His or her own license application or renewal
application;
(2) Any other matter regarding his or her
license; or
(3) Any matter coming before the board in which
the member has a personal, professional, or financial interest including, but
not limited to, any matter involving the board member or the board member’s
spouse, parent, child, business partner or business investment.
(b) The board member
shall promptly disclose to the board any interest described in paragraph(a) and
shall recuse himself or herself from participating in board deliberations or
actions pertaining to that matter.
Source. #7771,
eff 10-3-02
Diet 103.06 Records
of Board Actions.
(a) Minutes shall be
kept of board meetings and of official actions taken by the board.
(b) The minutes
shall record the members who participate in each vote and shall separately
record the position of members who choose to dissent, abstain or concur.
Source. #7771,
eff 10-3-02
Diet 103.07 Public
Access to Minutes.
(a) Minutes of board
actions which are not exempt from disclosure under RSA 91-A:3, II or RSA 91-A:5
shall be public records.
(b) The minutes
shall be available for inspection during the board's ordinary office hours
within 144 hours from the close of the meeting or vote in question unless the
72 hour availability requirement of RSA 91-A:3, III is applicable.
Source. #7771,
eff 10-3-02
PART Diet 104 PUBLIC INFORMATION
Diet
104.01 Office Location, Mailing
Address, and Telephone.
(a) The board’s office location, mailing address,
and telephone are as follows:
Board of Licensed Dietitians
c/o Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301
603-271-2152
(b) Correspondence, filings and other communications
intended for the board shall be addressed to “New Hampshire Board of Licensed
Dietitians” at the location stated in Diet 104.01(a).
(c) Information can be obtained by calling the
telephone numbers stated in paragraphs (a) and (d).
(d) Access for in-state TTY/TDD users is through
Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.
Source. #7771,
eff 10-3-02; ss by 13571, eff 4-25-23
Diet
104.02 Custodian of Records;
Inspection and Copies of Records.
(a) The office of professional licensure and
certification shall be the custodian of the board's records, and shall make
available, upon request, those records which are subject to public inspection
under RSA 91-A.
(b) Persons desiring to inspect or obtain copies
of board records shall identify as specifically as possible the information
being sought.
(c) If records are requested which contain both
public information and information exempt from disclosure pursuant to RSA 91-A
or other law, the board shall delete the information exempt from disclosure and
provide the remaining information.
Source. #7771,
eff 10-3-02; ss by 13571, eff 4-25-23
CHAPTER Diet
200 RULES OF PRACTICE AND PROCEDURE
REVISION NOTE:
Document #13861, effective 4-2-24,
repealed Part Diet 201 through Part Diet 216 in Chapter Diet 200, titled
“Procedural Rules”, and renamed the chapter as “Rules of Practice and
Procedure”. Document #13861 also adopted
a new Part Diet 201 titled “Applicability and Waiver of Substantive Rules”,
containing Diet 201.01 titled “Rules of Practice and Procedure” and Diet 201.02
titled “Waiver of Administrative Rules.”
Document #13861 replaces all prior filings affecting
the rules in the former Chapter Diet 200.
The prior filings included the following documents. Italics indicate the rules were subject to
expiration only pursuant to RSA 541-A:17, II:
#7937, eff
8-23-03
#7938, eff 8-23-03 (Diet 216 only)
#8336, eff 5-1-05 (Diet 216 only)
#10690, eff 10-9-14 (Diet 216 only)
#13571, eff 4-25-23 (Diet 204.03 only)
As practice and procedure rules, the rules in Document
#13861 will not expire except pursuant to RSA 541-A:17, II.
PART Diet 201 APPLICABILITY AND WAIVER OF
SUBSTANTIVE RULES
Diet
201.01 Rules of Practice and
Procedure. The Plc 200 rules shall
govern with regards to all procedures for:
(a)
Adjudicatory proceedings;
(c)
Rulemaking submissions, considerations, and dispositions of rulemaking
petitions;
(d)
Public comment hearings;
(e)
Declaratory rulings;
(f)
All statements of policy and interpretation;
(g)
Explanation of adopted rules; and
(h)
Voluntary surrender of licenses.
Source. (See Revision
Note at chapter heading for Diet 200) #13861, eff 4-2-24
Diet 201.02 Waiver of Administrative Rules.
(a)
The board shall initiate a waiver of a substantive rule upon its own
motion by providing affected parties with notice and opportunity to be heard,
and issuing an order which finds that waiver would be necessary to advance the
purpose of the rules of the board.
(b)
Individuals who wish to request a waiver of a rule shall submit a
written request to the board, which includes:
(1) The rule for which a waiver is requested;
(2) The anticipated length of time the requested
waiver will be needed;
(3) The reason for requesting the waiver;
(4) Evidence of how the waiver will provide for
the health and safety of the consumer or licensee;
(5) A time-limited written compliance plan which
sets forth plans to achieve compliance including an estimated date of
compliance; and
(6) The signature of the applicant.
(c)
The board shall consider the following when determining whether to
approve or deny a waiver:
(1) If adherence to the rule would cause the
petitioner unnecessary or undue hardship;
(2) If the requested waiver is necessary because
of any neglect or misfeasance on the part of the practitioner;
(3) If enforcement of the rule would injure a
third person(s); and
(4) If waiver of the rule would injure a third
person(s).
(d)
The board shall approve a waiver of an administrative rule request only
if:
(1) Granting a waiver does not have the effect of
waiving or modifying a provision of RSA 326-H;
(2) The petitioner has shown good cause exists
pursuant to (c) above to waive the rule; and
(3) The board determines that the individual’s
plans for compliance with the rule includes an estimated date of compliance and
eventual compliance.
(e)
If the board, after receiving and reviewing a request for a waiver,
requires further information or documentation to grant or deny the waiver, the
board shall:
(1) Notify the applicant in writing within 30
days; and
(2) Specify the information or documentation the
board requires.
(f)
The board shall issue a written approval or denial of the waiver within
60 days of the date the request is received, unless
additional information or documentation is required. If additional information and documentation
is required, then the board shall issue a written approval or denial within 60
days of receiving the requested information or documentation.
Source. (See Revision
Note at chapter heading for Diet 200) #13861, eff 4-2-24
CHAPTER Diet 300 LICENSE REQUIREMENTS
PART Diet 301 DEFINITIONS
Diet 301.01
"Commission on Dietetic Registration (CDR)" means
"Commission on Dietetic Registration" as defined in RSA 326-H:3, II,
namely, "the national autonomous credentialing body."
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 301.02
"Registered Dietitian (RD) or Registered Dietitian Nutritionist
(RDN)" means an individual registered with the Commission on Dietetic
Registration.
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
PART Diet 302 APPLICATION PROCEDURE
Diet 302.01 Application
Process.
(a) Each person who
wishes to apply for a license to practice as a dietitian in
(1) An application form provided by the board
that contains the information specified by Diet 302.02;
(2) All additional supporting materials specified
by Diet 302.03; and
(3) The license fee required by Diet 304.01.
(b) An application form shall:
(1) Be completed using a keyboard or legibly
printed in ink;
(2) Be signed by the applicant; and
(3) Have all sections completed or designated as
not applicable to the applicant.
(c) If the board for the purpose of determining
the applicant's qualification for licensure requires any information or
documents additional to the materials submitted in compliance with (a) above,
it shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents which
the applicant is required to submit.
(d) The application shall be denied if the
applicant does not submit the additional information and documents requested
within 120 days of receipt of the request.
(e) An application shall be
considered to be on file with the board on the first date that the
board's office has received:
(1) A fully completed application form;
(2) Proof that the applicant's check has been
deposited and cleared; and
(3) All required supporting documentation.
(f) The board shall approve or deny the
application in writing within 60 days of the date that the application is on
file with the board.
(g) If the application is denied, the applicant
shall be provided an opportunity for a hearing to challenge the denial. Any
request for a hearing shall be submitted to the board within 30 days from the
date of the board's notification of denial.
(h) Pursuant to RSA 326-H: 14, II, all licenses
shall expire 2 years from the date of issue, provided that
licenses shall continue as valid until final action is exercised by the board
on application for renewal if the application is filed before the expiration
date of the license.
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 302.02 Application
Form. On a form provided by the
board the applicant shall supply the following:
(a) The applicant's
full name and maiden or other name, if any;
(b) The applicant's
home address, business address, email address, business telephone number and
home telephone number;
(c) The applicant's
date of birth;
(d) Whether the
applicant is male or female or other;
(e) Pursuant to 42
USC 666 (a) (13) and RSA 161-B: 11, the applicant's Social Security number;
(f) The applicant's registration number issued by the CDR,
and whether the applicant was registered on or before December 31, 2000;
(g) Under the
preprinted heading "Educational Background":
(1) The applicant's highest relevant degree and
the year of the degree;
(2) The academic major of the degree; and
(3) The name and location of the school granting
the degree;
(h) Whether the applicant
engaged in an internship, practice program or coordinated program;
(i) The following information with respect to the
answer to (h) above:
(1) The name of the internship or program;
(2) The address of the internship or program; and
(3) The name and telephone number of the contact
person for the internship or program;
(j) Whether or not
the applicant has ever had an application for a license, certificate or other
approval to practice as a dietitian in a jurisdiction other than the state of
New Hampshire denied as the result of a failure to be of good character or on
any basis that would constitute cause for denial of a license application under
RSA 326-H or the rules of the board;
(k) Whether or not
the applicant has ever had any certification, registration or approval to
practice as a dietitian revoked in any jurisdiction other than the state of New
Hampshire as the result of a failure to be of good character or on any basis
that would constitute cause for revocation of a license under RSA 326-H or the rules of the board,
unless such revocation was reversed or overturned on appeal or unless such
license was reinstated;
(l) Whether
or not the applicant has ever had been convicted of, or pleaded guilty to, a
class A felony that has not been annulled or which has not been reversed or overturned on appeal;
(m) Whether
or not the applicant has, within the preceding 10 years, been found guilty of
malpractice or gross misconduct in practice as a dietitian in this or any other
jurisdiction;
(n) Whether or not
the applicant has ever been found to have obtained, by fraudulent or deceitful
means, a license, certification or other approval to practice as a dietitian in
a jurisdiction other than the state of New Hampshire;
(o) Whether or not
the applicant has ever committed an act that either caused harm to, or placed
at risk, the health, safety or welfare of a person or persons under the
applicant’s care in the applicant’s capacity as a dietitian;
(p) Whether or not
the applicant is aware of any basis for a conclusion by the board that he or
she is not of good character or should not otherwise be granted a license to
practice as a dietitian in the state of New Hampshire and, if so, an
explanation of those reasons;
(q) Whether or not
the applicant has ever been permitted to resign from practice in any profession
regulated by law in New Hampshire or any other jurisdiction, or has been
permitted to surrender a license, certificate or other authorization to
practice in any regulated profession, while under investigation for misconduct
in the performance of the profession, or while an action was pending against
the applicant before any professional licensing, certifying or authorizing
body, or before any court, for misconduct in the performance of the
profession;
(r) Whether or not,
to the best of the applicant’s knowledge, he or she is currently under
investigation by any agency which licenses, certifies or otherwise authorizes
the practice of any profession in this or any other jurisdiction;
(s) Whether or not
there is currently pending against the applicant any disciplinary action before
any agency which licenses, certifies, or otherwise authorizes the practice of
any profession in this or any other jurisdiction;
(t) Whether or not
the applicant has ever had any work-related privileges at a hospital or other
health care facility denied, made conditional, curtailed, limited, restricted,
suspended or revoked;
(u) Whether or not the
applicant has ever been permitted to resign from employment or to surrender
work-related privileges at any hospital or other health care facility while
under investigation for any work-related misconduct, or while an action regarding
work-related misconduct was pending against the applicant in any court or
before any agency which licenses, certifies or otherwise authorizes practice by
health care professionals or which regulates hospitals or other health care
facilities in this or any other jurisdiction;
(v) Whether or not
there is presently pending against the applicant any action or complaint of any
type relating to misconduct or to the care of a patient at any hospital or
health care facility;
(w) The applicant's
name in print and the applicant's signature on a statement preprinted on the
form certifying that:
(1) The information provided on the application
form and the documentation provided to support the application is true, accurate, complete and
unaltered; and
(2) The applicant acknowledges that, pursuant to
RSA 641:3, knowingly making a false representation on the application form is
punishable as a class B misdemeanor; and
(x) The date of the
signature described in (w) above.
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 302.03 Required
Supporting Materials. In addition to
the completed application form, the applicant shall submit or cause to be
submitted to the board:
(a) A passport-type
photo of the applicant taken within 90 days of the application;
(b)
A letter verifying the applicant’s registration with the CDR, sent by
CDR directly to the board; and
(c)
A copy of the applicant’s current CDR card.
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; ss by #13275, eff
10-16-21
Diet 302.04 Notice
Regarding Social Security Number.
The application form described in Diet 302.02 above shall contain a
notice which provides as follows:
“The Board of Licensed Dietitians is required to
obtain your social security number for the purpose of child support enforcement
and in compliance with 42 USC 666 (a) (13) and RSA 161-B:11. This collection of your social security
number is mandatory. The Board of
Licensed Dietitians will deny licensure if you refuse to submit your social
security number (SSN). Your professional
license will not display your SSN. Your
SSN will not be made available to the public.”
Source. #8336, eff 5-1-05, EXPIRED: 5-1-13
New. #10691, eff 10-9-14
PART Diet 303 QUALIFICATIONS FOR LICENSURE
Diet 303.01 Educational
and Examination Qualifications.
(a) Unless registered as a dietitian with the CDR on or before December 31, 2000, an
applicant for licensure shall:
(1) Hold a baccalaureate or higher degree from a
college or university approved by the board pursuant to Diet 303.03;
(2) Have completed a major course of study in
human nutrition, nutrition education, food and nutrition, dietetics, public
health nutrition, or food systems management;
(3) Have successfully completed one of the
following as required by the CDR at the time of the applicant's first
registration with the Commission:
a. A dietetic internship of no less than 900
hours;
b. A pre-professional practice program; or
c. A coordinated program with documented
experience in the practice of dietetics under supervision of a registered,
certified, or licensed dietitian; and
(4) Have successfully passed the examination
administered by the CDR.
(b) An applicant
registered as a dietitian with the CDR on
or before December 31, 2000 shall, pursuant to RSA
326-H:12-a, be deemed to have met the requirements of (a) above.
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 303.02 Additional
Qualifications. In addition to the
educational and examination requirements noted in Diet 303.01 above, an
applicant for licensure shall:
(a) Never have had
an application for a license, certificate or other approval to practice as a
dietitian in any jurisdiction other than the state of New Hampshire denied as
the result of a failure to be of good character or on any basis that would
constitute cause for denial of a license application under RSA 326-H or the
rules of the board;
(b) Never have had any certification,
registration or approval to practice as a dietitian revoked in any jurisdiction
other than the state of New Hampshire as the result of a failure to be of good
character or on any basis that would constitute cause for revocation of a
license under RSA 326-H or the rules of the board, unless such revocation was
reversed or overturned on appeal or unless such license was reinstated;
(c) Never have been
convicted of, or pleaded guilty to, a class A felony that has not been annulled
or which has not been reversed
or overturned on appeal;
(d) Not have been, within the
preceding 10 years, found guilty of malpractice or gross misconduct in practice
as a dietitian in this or any other jurisdiction;
(e) Never have been
found to have obtained, by fraudulent or deceitful means, a license,
certification or other approval to practice as a dietitian in a jurisdiction
other than the state of
(f) Never have committed an act that either
caused harm to, or placed at risk, the health, safety or welfare of a person or
persons under the applicant’s care in the applicant’s capacity as a dietitian;
(g) Not have answered “yes” to the
question on the initial application
form described at Diet 302.02 (p) above; and
(h) Not have
answered “yes” to 3 or more of the questions on the initial application form
identified at Diet 302.02 (q) through Diet 302.02 (v) above.
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 303.03 Standards
for Board Approval of College or University. The board shall approve all colleges and
universities that are approved by the CDR.
Source. #8336, eff 5-1-05 (from Diet 303.02),
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 304.01 Fee Schedule. The license fees shall be as set forth in
Table 300-1:
Table 300-1 Fees
CATEGORY |
DURATION |
FEE |
License Reinstatement |
2 years |
$150.00 |
Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
CHAPTER Diet 400 CONTINUED STATUS
PART Diet 401 DEFINITIONS
Diet 401.01
"Activity" means a program, a presentation, a course of study
or independent self-study, an examination, reading or writing of peer-reviewed
professional publications relating to the field of dietetics, a seminar, or a
meeting, that is attended, taken, undertaken or presented by a person in
fulfillment of the continuing professional education credit requirement set
forth in these rules.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 401.02
"Commission on Dietetic Registration (CDR)" means
"Commission on Dietetic Registration" as defined in RSA 326-H:3, II,
namely, "the national autonomous credentialing body."
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 401.03
"Peer-reviewed professional publication" means a book,
magazine, journal or other publication, the primary purpose of which is to
report original research or review articles in the field of dietetics and which
includes citations to sources, the name of the author, a statement that the
publication has been reviewed by an editorial board prior to publication, the
names of the individuals on the editorial board and the name of the
professional society or organization issuing the publication.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet
401.04 "Quarterly course"
means a college or university course, the duration of which is one fourth of
the institution's academic year.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 401.05
"Semester-long course" means a college or university course,
the duration of which is one half of the institution's academic year.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 401.06
"Trimester course" means a college or university course, the
duration of which is one third of the institution's academic year.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
PART Diet 402 RENEWAL OF LICENSES
Diet 402.01
Procedure for Renewal of Licenses.
(a) Any licensee wishing to
renew a license shall submit the following to the board no later than the date
of the expiration of the license and no earlier than 60 days prior to the date
of license expiration:
(1) The renewal application
form specified in Diet 402.03; and
(2) The renewal fee specified
by Diet 304.01.
(b) A person who was
previously licensed by the board but whose license expired pursuant to a
settlement or agreement shall apply to
have that license reinstated in accordance with the terms of the
settlement or agreement and meet any
additional requirements required by Diet 403.
(c) A person who was
previously licensed by the board but whose license expired while under
suspension shall apply to have that
license reinstated in accordance with Diet 403.03 and meet any additional requirements required
by Diet 403.
(d) A person who was
previously licensed by the board but whose license has been revoked shall apply to have that license reinstated
in accordance with the terms of the revocation in accordance with Diet
403.04 and meet any additional
requirements required by Diet 403.
(e) A licensee may apply
for renewal of a license during a period of suspension, but any renewed license
shall be issued subject to completion of the term of suspension.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff
10-9-14; ss by #13570, eff 4-25-23
Diet 402.02 Application
for License Renewal.
(a) An application
for license renewal shall:
(1) Be completed using a keyboard or legibly
printed in ink;
(2) Be signed by the applicant; and
(3) Have all sections completed or designated as
not applicable to the applicant.
(b) If, for the
purpose of determining the applicant's qualifications for renewal, the board
requires any information or documents additional to the materials submitted in
compliance with Diet 402.01(b) it shall:
(1) So notify the licensee in writing within 60
days of receipt of the renewal application and;
(2) Specify the information or documents that the
licensee is required to submit.
(c) The application
for renewal shall be denied if the licensee does not submit the additional
information or documents within 60 days of the board's request under (b) above.
(d) An application
for renewal shall be considered on file with the board on the first date that
the board's office has received:
(1) A fully completed application form;
(2) Proof that the applicant's check has been
deposited and cleared; and
(3) All required supporting documentation,
including that required under Diet 405.02, if any.
(e) Within 60 days
of the date that the application is on file with the board, the board shall
grant the application for renewal or deny the license in accordance with Diet
402.04.
(f) If the
application is denied, the applicant shall be provided an opportunity for a
hearing to challenge the denial. Any request for hearing shall be submitted to
the board within 30 days of the date of the board's denial.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff
10-9-14
Diet 402.03 Renewal
Application Form. On a renewal
application form provided by the board, an applicant for renewal shall supply
the following information:
(a) Full name;
(b) The street
address of the applicant's home;
(c) Mailing address,
if different from the street address;
(d) Business
address;
(e) Email address;
(f) Home telephone
number;
(g) Business
telephone number;
(h) Current
(i) A list of the activities that the applicant
has completed in fulfillment of the continuing professional education
requirements of Diet 404.01, including on that list:
(1) The name or title of each activity attended,
taken, undertaken or presented in fulfillment of the 20 hour continuing
professional education credit requirement;
(2) Whether the activity has been approved for
credit by the CDR;
(3) The type of activity attended, taken,
undertaken or presented;
(4) A statement of the number of credit hours
requested for each activity;
(5) The date of the activity; and
(6) The grade, if any, received for each
activity.
(j) Whether or not
the applicant has ever had an application for a license, certificate or other
approval to practice as a dietitian in a jurisdiction other than the state of
New Hampshire denied as the result of a failure to be of good character or on
any basis that would constitute cause for denial of a license application under
RSA 326-H or the rules of the board;
(k) Whether or not
the applicant has ever had any certification, registration or approval to
practice as a dietitian revoked in any jurisdiction other than the state of New
Hampshire as the result of a failure to be of good character or on any basis
that would constitute cause for revocation of a license under RSA 326-H or the
rules of the board, unless such revocation was reversed or overturned on appeal
or unless such license was reinstated;
(l) Whether
or not the applicant has ever had been convicted of, or pleaded guilty to, a
class A felony that has not been annulled or which has not
been reversed or overturned on appeal;
(m) Whether
or not the applicant has, within the preceding 10 years, been found guilty of
malpractice or gross misconduct in practice as a dietitian in this or any other
jurisdiction;
(n)
Whether or not the applicant has ever been found to have obtained, by
fraudulent or deceitful means, a license, certification or other approval to
practice as a dietitian in a jurisdiction other than the state of New
Hampshire;
(o) Whether or not
the applicant has ever committed an act that either caused harm to, or placed
at risk, the health, safety or welfare of a person or persons under the
applicant’s care in the applicant’s capacity as a dietitian;
(p) Whether or not the applicant is aware of any
basis for a conclusion by the board that he or she is not of good character or
should not otherwise be granted a license to practice as a dietitian in the
state of New Hampshire and, if so, an explanation of those reasons;
(q) The applicant's
signature on a statement preprinted on the form certifying that:
(1) The information provided on the renewal
application form is true, accurate and complete; and
(2) The applicant
acknowledges that, pursuant to RSA 641:3, knowingly making a false
representation on the renewal application form is punishable as a misdemeanor;
and
(r) The date of the
signature described in (q) above.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff
10-9-14
Diet 402.04 Denial of Renewal.
(a) License renewal
shall be denied if the board
finds, by a preponderance of evidence, that the applicant has:
(1) Failed to file a renewal application form and
all required supporting documentation prior to the date of expiration of the
license;
(2) Failed to submit the renewal fee specified by
Diet 304.01;
(3) Failed to complete 20 credit hours of
continuing professional education in the 24 months prior to the expiration of
any license or renewed license;
(4) Previously had his or her license revoked and
has not had the license reinstated pursuant to Diet 403.04;
(5) Failed to meet the qualification criteria of
Diet 303.02 (a) through (f);
(6) Answered “yes” to the question on the renewal
application form described at Diet 402.03 (p); or
(7) Failed to fulfill any other condition of
licensure, including the terms of any settlement or agreement with the board.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
PART Diet 403 REINSTATEMENT OF LICENSES
Diet 403.01 Licenses Subject to Reinstatement. Licenses subject to reinstatement by the
board under this section shall be licenses lapsed pursuant to Diet 302.01(h).
Source. #13570, eff 4-25-23
Diet 403.02 Board Procedures for Processing
Reinstatement Applications.
(a)
If the board, after receiving and reviewing the reinstatement
application, requires further information or documents to determine the
applicant's qualification for reinstatement of licensure, the board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the information or documents it
requires.
(b)
A reinstatement application shall be considered complete on the first
date that the board has received the completed reinstatement application form,
any supporting materials which are required, and any additional information or
documents which it may have requested.
(c)
The board shall issue written approval or denial of an application for
reinstatement of licensure within 60 days of the date that the application is
completed.
(d)
Any applicant wishing to challenge the board's denial of an application
for licensure reinstatement shall:
(1) Make a written request for a hearing of the
applicant's challenge; and
(2) Submit this request to the board:
a. Within 60 days of the board's notification of the denial; or
b. If the applicant is on active military duty
outside the United States, within 60 days of the applicant's return to the
United States or release from duty, whichever occurs later; and
c. The written statement
required by Diet 403.06(b).
Source. #13570, eff 4-25-23
(a)
Evidence of good moral character as shown by:
(1) The answers to the "yes-no"
questions on the reinstatement application form;
(2) Any detailed reports of the relevant
circumstances related to answers to those questions as described in Diet
403.06(a); and
(3) The written statement required by Diet
403.06(b);
(b)
A completed, dated, and signed reinstatement application form as further
described in Diet 403.05;
(c)
The reinstatement fee set forth in Diet 304.01;
(d)
The statement required by Diet 403.06(b); and
(f)
Evidence of having, within the 24 months just preceding their
reinstatement applications submission, completed 20 credit hours of continuing
professional education as described in Diet 404.
Source. #13570, eff 4-25-23
(a) Are of good professional character, as
evidenced by:
(1) The answers to the "yes-no"
questions on the reinstatement application form;
(2) Any detailed reports of the relevant
circumstances related to answers to those questions as described in Diet
403.06(a); and
(3) The written statement required by Diet
403.06(b);
(b) Have, within the 24 months just preceding
their reinstatement applications submission, completed 20 credit hours of
continuing professional education as described in Diet 404; and
(c) Have submitted of the materials described in
Diet 403.06.
Source. #13570, eff 4-25-23
Diet 403.05 Reinstatement
Application Form.
(a)
The reinstatement application form shall:
(1) Be the “Application for Reinstatement of
Licensure” form as revised 12/2022 supplied by the board; and
(2) Contain the following preprinted statement:
"I acknowledge that knowingly making a false
statement on this application form is a misdemeanor under RSA 641:2, I. I
certify that the information I have provided on all parts of the application
form and in the documents that I have personally submitted to support my
application is complete and accurate to the best of my knowledge and belief. I
also certify that I have read the statute and the rules of the Board and
promise that, if I am licensed, I will abide by them."
(b) The effect of the reinstatement
applicant’s signature on the application form shall be:
(1) The applicant’s acknowledgement that
knowingly making a false statement on the application form is a misdemeanor
under RSA 641:2, I;
(2) The applicant’s certification that:
a. The
information provided on all of the parts of the
application form and in the documents personally submitted to support the
application is complete and accurate to the best of the applicant’s knowledge
and belief; and
b. The
applicant has read the statutes and administrative rules of the board; and
(3) The applicant’s promise to abide by the
statutes and administrative rules of the board.
Source. #13570, eff 4-25-23
Diet
403.06 Supporting Materials. The materials supporting the reinstatement
application shall be as described below:
(a) On a separate sheet, a detailed report of the
relevant circumstances if any of the answers to the "yes-no"
questions on the application form are in the affirmative;
(b) On a separate sheet, a dated, signed, and
notarized, statement that the reinstatement applicant has not practiced as a
dietitian in New Hampshire since the date the license lapsed;
(c) A resume containing a chronologically
organized account of the applicant's paid or volunteer work experience as a
dietitian for the past 10 years, including:
(1) Each
separate experience in paid or volunteer work:
(2) The period
of each separate experience described by the month and year it began and month
and year it ended; and
(3) The
physical address of each experience;
(d) Unless the information is available only on a
website, an official letter of verification sent directly to the board from
every jurisdiction which has issued a license or other authorization to
practice in any health care field since the date that the license lapsed:
(1) Stating
that such license or other authorization is or was, during its period of
validity, in good standing, and
(2) Stating
whether any disciplinary action was taken against the license or other
authorization to practice; and
(e) Evidence of completion of continuing
education described in Diet 406.01
as required by Diet 404;
(f) A certification verifying CDR registration
directly from the issuing body.
PART Diet 404
REVOCATION, SUSPENSION AND OTHER SANCTIONS
Diet
404.01 License Revocation. The board shall revoke a license if:
(a) The revocation was included as part of a
settlement or agreement with the licensee; or
(b) The board finds that it is more likely than
not that the licensee has:
(1) Committed
one or more acts that caused harm to the health, safety or welfare of a person
or persons under the dietitian's care;
(2) Made false,
fraudulent or deceitful statements to the board regarding his or her
credentials when applying for a license or a license renewal, or in any other
statement or document filed with the board;
(3) Assisted another individual in obtaining
a license by false, fraudulent or deceitful means;
(4) Sold, fraudulently obtained or furnished any
license established under RSA 326-H;
(5) Been
convicted of a class A felony;
(6) Failed to comply
with an order or request of the board;
(7) Had his or
her license suspended by the board on more than one occasion in the past;
(8) Violated
the standard of conduct established by Diet 501.03(f);
(9) Violated
the standard of conduct established by Diet 501.03(g)(1) by failing to report a
violation for which license revocation may be imposed under these rules;
(10) Violated
the standard of conduct established by Diet 501.03(g)(2);
(11) Failed to
meet the additional qualifications set forth in Diet 303.02 (a) through (f);
(12) Become
aware of any facts or circumstances which would result in a “yes” answer to the
question on the initial application form set forth at Diet 302.02 (p) or on the
renewal application set forth at Diet 402.03 (p); or
(13) Failed to
adhere to the continuing professional education requirements of these rules.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 403.01)
Diet
404.02 License Suspension.
(a) The board shall suspend a license if:
(1) The
suspension was included as part of a settlement or agreement with the licensee;
or
(2) The board
finds that it is more likely than not that the licensee has:
a. Engaged in
action requiring immediate temporary suspension under Diet 207.03;
b. Engaged in
malpractice or gross misconduct in the performance of his or her duties as a
dietitian;
c. Failed to
notify the board of the suspension, probation or revocation of any past or
present license, certification or registration required to practice as a
dietitian in this or any other jurisdiction;
d. Committed one or more acts that has placed
the health, safety or welfare of a person or persons under the dietitian's care
at risk;
e. Intentionally submitted untruthful or
incorrect information regarding a matter other than his or her credentials in
any application, statement or document filed with the board;
f. Violated the ethical obligations set forth in
Diet 501.02(b); or
g. Violated the standards of conduct established
by:
1. Diet 501.03(b)(1);
2. Diet 501.03(b)(2);
3. Diet 501.03(b)(4);
4. Diet 501.03(b)(6);
5. Diet 501.03(b)(7);
6. Diet 501.03(b)(8);
7. Diet 501.03(c), if the licensee had a
pecuniary interest in the matter or received a pecuniary gain in exchange for
the statement;
8. Diet 501.03(d);
9. Diet 501.03(e); or
h. Violated the standard of conduct established
by Diet 501.03(g)(1) by failing to report a violation for which license
suspension may be imposed under these rules.
(b) The period of
suspension imposed under (a) above shall be:
(1) For suspensions under subparagraph (a)(1)
above, the period agreed to;
(2) For suspensions under subparagraph (a)(2)a.
above, 10 working days from the date of the order of immediate temporary
suspension; and
(3) For suspensions under subparagraph (a)(2)b.
through h. above, a period of 60 days for each violation.
Source. #7938, eff
8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 403.02)
Diet 404.03 Reinstatement
of License Following Suspension.
(a) Any person whose
license has been suspended by the board may apply to the board, in writing, for
a hearing on reinstatement.
(b) The board shall
reinstate a license that has been suspended under Diet 403.02(a)(1) in
accordance with the terms of the settlement or agreement.
(c) The board shall
reinstate a license that has been suspended under Diet 403.02(a)(2)a. in
accordance with Diet 207.03.
(d) The board shall
reinstate a license that been suspended under Diet 403.02(a)(2)b. through h.
only in the following circumstances:
(1) If the period of validity of the license has
not expired, when either:
a. The period of suspension has expired; or
b. The person has made a written request for a
hearing on reinstatement and, after a hearing, has established that it is more
likely than not that:
1. Reinstatement would assist the person in
conforming his or her future conduct to the requirements of RSA 326-H, Diet 500
or other applicable law;
2. The purposes served by the disciplinary
action have been fully fulfilled;
3. Reinstatement would pose no risk of potential
harm to the health, safety or welfare of persons under the person's care, or to
any other person; and
4. Reinstatement would not
suggest to either members of the profession or to members of the public that
licensees do not possess the obligation under Diet 501.03(b)(5) to conduct
themselves honorably, responsibly, ethically and lawfully so
as to enhance the honor, reputation and usefulness of the profession;
and
(2) If the period of validity of the license has expired, when the person has:
a. Made a written request for a hearing on
reinstatement;
b. Filed an application and supporting documents
in conformity with Diet 302;
c. Submitted the license fee required by Diet
304.01;
d. Completed the period of suspension; and
e. Submitted written
documentation in conformity with Diet 405.01(b) confirming the completion of 20
hours of continuing professional education credits in the 24 months before the
request for a hearing on reinstatement.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 403.03)
Diet 404.04 Reinstatement
of License Following Revocation.
(a) Any person whose
license has been revoked by the board may apply to the board, in writing, for a
hearing on reinstatement.
(b) The board shall
reinstate the license of a person whose license has been revoked under Diet
403.01(a) only in accordance with the terms of the settlement or agreement.
(c) The board shall
reinstate the license of a person whose license has been revoked under Diet
403.01(b) only in the following circumstances:
(1) If the period of validity of the license
would not have expired had the license not been revoked, when:
a. The person has made a written request for a
hearing on reinstatement; and
b. After hearing, the board finds that it is
more likely than not that the criteria listed in Diet 403.03(d)(1)b.1. through
4. have been met; and
(2) If the period of validity of the license
would have expired had the license not been revoked, when:
a. The person has made a written request for a
hearing on reinstatement;
b. The person has filed an application and
supporting documents in conformity with Diet 302;
c. The person has submitted the license fee
required by Diet 304.01;
d. The person submits written documentation in
conformity with Diet 405.01(b) above confirming the completion of 20 hours of
continuing professional education credits in the 24 months before the request
for a hearing on reinstatement; and
e. After hearing, the board finds that it is
more likely than not that the criteria listed in Diet 403.03(d)(1) b.1. through
4. have been met.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 403.04)
Diet 404.05 Sanctions
In Lieu of Suspension.
(a) Sanctions in
lieu of suspension shall be allowed on the terms set forth in Diet 403.05 (b)
through (d) below in all cases other than the following:
(1) Matters for which revocation is prescribed as
the penalty under RSA 326-H: 16 or these rules;
(2) Matters for which suspension is prescribed as
the penalty under RSA 326-H:16,
(3) Matters in which suspension is included as
part of a settlement or agreement with the licensee under Diet 403.02 (a) (1);
(4) Matters in which immediate temporary suspension is
required under Diet 403.02
(a) (2) a. and Diet 207.03;
or
(5) Matters for which suspension is prescribed as
the penalty under Diet 403.02 (a) (2) b. through d.
(b) Sanctions in
lieu of suspension shall consist of one or more of the following items noted in
RSA 326-H:10,I(i):
(1) A fine in the amount of $150.00 for each
violation of RSA 326-H and each ethical standard set forth in Diet 500;
(2) Community service, consisting of volunteer
work for a governmental unit or a nonprofit organization, which work will
reduce the monetary expenditures that would otherwise be incurred by that
entity or will otherwise assist the entity in the efficient performance of its
duties;
(3) Oral reprimand, consisting of an oral
communication, on the record, from a member of the board to the person charged
with a violation explaining the nature of the infraction and the board’s
findings;
(4) Written reprimand, consisting of a written
communication from a member of the board to the person charged with a violation
explaining the nature of the infraction and the board’s findings;
(5) Additional education, consisting of a course
or courses above and beyond the normal continuing educational requirements
established by these rules, which shall:
a. Be paid for at the expense of the licensee
charged;
b. Relate to the subject matter of the
infraction charged; and
c. Be of a nature that would, under normal
circumstances, qualify for professional education credit under these rules;
(6) Additional training, consisting of reading,
the viewing of or listening to recordings, or live instruction which:
a. Is related to the subject matter of the
infraction charged;
b. Shall be above and beyond the normal
continuing educational requirements established by these rules; and
c. Shall be paid for at the expense of the
licensee charged, regardless of whether or not such
training would normally qualify for professional education credit under these
rules;
(7) Supervised training, consisting of in-person
instruction by a licensed
a. Is related to the subject matter of the
infraction charged;
b. Shall be above and beyond the normal
continuing educational requirements established by these rules; and
c. Shall be paid for at the expense of the
licensee charged, regardless of whether or not such
training would normally qualify for professional education credit under these
rules; or
(8) Counseling, which shall consist of one or
more of the following, at the expense of the licensee charged:
a. Consultation and treatment with a mental
health professional regarding the licensee’s reason for engaging in the
infraction; or
b. Consultation with an alcohol and other drug
abuse professional licensed under RSA 330-C.
(c)
In any case other than those noted in (a) above in which suspension is
listed as a sanction under these rules, a party may request sanctions in lieu
of suspension.
(d)
The board shall impose sanctions in lieu of suspension:
(1) When specific sanctions in lieu of suspension
are requested by the licensee charged and:
a. The licensee charged describes the sanctions
suggested, including, if applicable, the amount of any fine, the specific
training or additional education to be taken, the nature of the community
service offered and the specific form and place of counseling suggested,
further including in such description the names of each person that will
provide the activity suggested; and
b. The board determines that imposition of the
specific sanctions in lieu of suspension suggested by the licensee charged
will:
1. Assist the person in conforming his or her
future conduct to the requirements of RSA 326-H, Diet 500 or other applicable
law;
2. As effectively serve the purposes of
disciplinary action as would the imposition of a suspension;
3. Pose no risk of potential harm to the health,
safety or welfare of persons under the person's care, or to any other person;
and
4. Not suggest to either members of the
profession or to members of the public that licensees do not possess the
obligation under Diet 501.03(b)(5) to conduct themselves honorably,
responsibly, ethically and lawfully so as to enhance
the honor, reputation and usefulness of the profession; and
(2) When the board determines, with or without
request of the charged party, that the imposition of specifically identified
sanctions in lieu of suspension would more effectively achieve the purposes set
forth in (d) (1) above than would the imposition of suspension.
Source. #8336, eff 5-1-05, EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 403.05)
PART Diet 405 CONTINUING EDUCATION
Diet 405.01 Continuing
Education Requirements.
(a) Except as provided
in (d) and (e) below, each licensee shall complete 20 credit hours of
continuing professional education during each period of licensure.
(b) Except as
provided in (d) and (e) below, all 20 credit hours of continuing professional
education shall be completed in the licensing period preceding the expiration
date of the license being renewed.
(c) No greater than
20% of the activities submitted for continuing professional education credit
during each period of licensure shall be for the reading or writing of
peer-reviewed professional publications.
(d) A person wishing
to renew a license that has been revoked or that has expired while under a
period of suspension shall apply for reinstatement under these rules and shall
complete 20 credit hours of continuing professional education in the 24 months
before the request for a hearing on reinstatement.
(e) A person who has previously
been licensed by the board, but whose license has expired under circumstances
other than those described in (d) above, and who wishes to renew a license
shall reapply for licensure under Diet 405.01 and shall complete 20
credit hours of continuing professional education in the 24 months before the
reapplication.
(f) Only activities approved pursuant to
these rules shall qualify for continuing professional education credit.
(g) No person
requesting professional education credit under these rules shall, on his or her
application or reapplication, list any single program, presentation, course of
study or independent self-study, examination, reading or writing of a
peer-reviewed professional publication, seminar, or meeting as more than one
activity in fulfillment of the continuing professional education credit
requirement of these rules.
(h) No single
program, presentation, course of study or independent self-study, examination,
reading or writing of a peer-reviewed professional publication, seminar, or
meeting shall be counted by the board as more than one activity in fulfillment
of the continuing professional education credit requirement of these rules.
(i) The board shall approve continuing
professional education credit for activities in accordance with the
criteria set forth in Diet 404.02 through Diet 404.04.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 404.01)
Diet 405.02 Continuing
Professional Education Credits Approved by the Commission on Dietetic
Registration.
(a) Activities that
have been approved by the CDR for continuing professional education credit for
the purpose of continued registration with the CDR shall be approved by the
board for continuing professional education credit under these rules.
(b) Activities that
have been approved by the CDR for continuing professional education
credit for the purpose of continued registration with the CDR shall be
assigned by the board the same number of credit hours as have been assigned by
the CDR.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 404.02)
Diet 405.03 Continuing
Professional Education Credits for College and University Courses.
(a) College and university courses
that have been approved by the CDR for continuing professional education credit
for the purpose of continued registration with the CDR shall be approved by the
board for continuing professional education credit under these rules.
(b) College and university courses that have been approved by the CDR for continuing
professional education credit for the purpose of continued registration with
the CDR shall be assigned by the board the same number of credit hours as have
been assigned by the CDR.
(c) The board shall
approve other college and
university courses for continuing professional education credit if those
courses relate to either:
(1) Human nutrition, nutrition education, food
and nutrition, dietetics, public health nutrition, or food systems management
by addressing the application of principles derived from the fields of biology
or physiology, from the behavioral or social sciences, or from the study of
food, nutrition, management or communication; or
(2) Methods for achieving or maintaining optimal
human health.
(d) Courses in those
subjects identified in (c) (1) and (2) above
shall be assigned the following credit hours by the board:
(1) If the course was a semester-long course:
a. One
semester credit hour shall be
equivalent to 15 continuing professional education units, provided that:
1. The course was attended for college or
university credit; and
2. A passing grade was obtained; or
b. Eight
continuing professional education units per semester credit hour if the course was attended, but not for college
or university credit;
(2) If the course was a trimester course:
a. One trimester
credit hour shall be equivalent
to 14 continuing professional education units,
provided that:
1. The course was attended for college or
university credit; and
2. A passing grade was obtained; or
b. Eight
continuing professional education units per trimester credit if the course was
attended, but not for college or university credit”, and
(3) If the course was a quarterly course:
a. One
quarter credit hour shall be
equivalent to 10 continuing professional
education credit hours per quarter, provided
that:
1. The course was attended for college or
university credit; and
2. A passing grade was obtained; or
b. Five continuing professional education units
per quarter credit hours if the course was
attended, but not for college or university credit.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 404.03)
Diet 405.04 Continuing
Professional Education Credits for Other Activities.
(a) The board shall approve
activities other than those noted in Diet 404.02 or Diet 404.03 for continuing
professional education credit if those activities:
(1) Relate to the subjects set forth in Diet
404.03(a)(1) or (2);
(2) Are not primarily designed to introduce
members of the general public to the field of
dietetics; and
(3) Accomplish one or more of the following
goals:
a. Update or enhance the professional knowledge,
skill or competence of dietitians;
b. Assess the professional knowledge, skill or
competence of dietitians;
c. Provide opportunities for dietitians to
engage in interdisciplinary studies;
d. Provide dietitians with opportunities for
professional growth and development; or
e. Build excellence in the profession of a
dietitian.
(b) In determining
whether the activity accomplishes one or more of the goals set forth in (a)(3)
above, the board shall consider:
(1) Whether the information provided has a direct
bearing on the ability of a person to perform successfully as a dietitian;
(2) Whether the quantity and quality of
information that has a direct bearing on the ability of the person to perform
successfully as a dietitian is likely to achieve one or more of the goals set
forth in (a)(3) above; and
(3) Whether the professional qualifications of
the person or persons presenting or sponsoring the activity render it likely
that the instruction provided will achieve one or more of the goals set forth
in (a)(3) above.
(c) The board shall
assign credit for those activities based upon
the numbers of similar continuing education activities approved by CDR as
stated in Diet 404.02 and 404.03. The
board shall assign one continuing professional education unit for each hour of
actual attendance at approved courses other than those noted in Diet 404.03,
programs, presentations, seminars or meetings, provided that if any grade is
given the applicant receives a passing grade.
(d) The board shall
assign one half of one credit hour for the reading or writing of any one peer
reviewed professional publication.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 404.04)
Diet 405.05 Procedure
for Obtaining Approval of Activities for Continuing Professional Education
Credits.
(a) Activities not
previously approved for continuing professional education credits by the CDR
shall be evaluated for appropriateness in Diet 404.04 and accepted or
rejected. The activity shall be rejected
by the board if it is deemed inappropriate as specified in Diet 404.04 or if
there is insufficient information upon which to base a judgment of the
appropriateness. In either case, the
board shall send an audit request to the applicant requesting further
information supporting the activity’s relevance, or if rejected, alternative
continuing education activities to meet requirements under Diet 404.01.
(b) An activity
approved by CDR shall be submitted by a licensee or other person for approval
at least 30 days before the activity begins.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 404.05)
PART Diet 406 ONGOING REQUIREMENTS
Diet 406.01 Ongoing Education Requirements.
(a) The documentation of continuing education shall consist
of one or more writings from the sponsor of each activity:
(1) Describing the subject
matter of the activity;
(2) Identifying the sponsor of
the activity;
(3) Stating the number of hours
of instruction provided;
(4) Stating whether the
activity has been approved for credit by the CDR;
(5) Verifying the applicant's
attendance; and
(6) If any grade was provided,
stating the applicant's grade.
(b) Documentation as described in
(a) above shall be maintained by the licensee for a period no less than 3
years.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; ss by #13570, eff
4-25-23 (formerly Diet 405.01)
Diet 406.02 Supporting
Materials and Board Verification of Compliance with Professional
Education Requirements.
(a) The board shall
verify the truth and accuracy of a licensee's statements to the board
concerning continued professional education credits obtained by the applicant:
(1) Whenever it possesses information suggesting
that an applicant might have inaccurately or falsely
recorded or provided the information; and
(2) Annually, by selecting up to 10% of the
license renewal applications and reapplications at random and verifying that
the continuing professional education information provided in those
applications or reapplications is true and accurate.
(b) The board shall
verify the truth and accuracy of information under paragraph (a) by requesting
that the applicant provide one or more of the following forms of documentation
as it determines will establish whether the applicant has complied with the
continuing professional education requirements of these rules:
(1) A certificate of attendance at, or a
certificate of completion of, identified courses, programs, examinations,
presentations, seminars or meetings;
(2) A course outline, syllabus, brochure or other
description of identified courses, programs, examinations, presentations,
seminars or meetings;
(3) A brochure or other description of the
organizations or entities sponsoring the courses, programs, examinations,
presentations, seminars or meetings submitted for continuing professional
education credit;
(4) Transcripts of courses attended;
(5) Verification of grades received;
(6) Verification of the duration of specified
courses, programs, examinations, presentations, seminars or meetings;
(7) Contracts or other writings documenting the
applicant's involvement in independent study;
(8) A copy of peer reviewed professional
publications read or written; and
(9) Such other material as
may document the applicant's participation in specified courses, programs,
examinations, presentations, seminars or meetings, or the length or nature of
those courses, programs, examinations, presentations, seminars or meetings.
(c) The
documentation noted in (b) above shall be in the form of dated materials
prepared or produced by the organization or entity that sponsored the course,
program, examination, presentation, seminar or meeting, or which published the
peer reviewed professional publication.
(d) Applicants to
whom a request has been directed under (b) above shall provide documentation to
the board within 60 days of the request.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 405.02)
Diet 406.03 Retention
of Records by Licensees. All
licensees shall retain in their possession, for a period of 4 years after
participation in any activity that is submitted for continuing professional
educational credit, such documentation noted in Diet 405.02(b) as is available
from the organization or entity sponsoring the course, program, examination,
presentation, seminar or meeting, or a copy of the peer reviewed professional
publication written or read.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14; renumbered by #13570
(formerly Diet 405.03)
Diet
406.04 Administrative Obligations of
Licensees. Licensees shall:
(a) Maintain their current business address, home
address, phone number, and email address on file with the board's office; and
(b) Notify the board's office of any change in
address, phone number, or email address no later than 30 days from the date of
the change.
Source. #13276, eff 10-16-21; renumbered by #13570
(formerly Diet 405.04)
CHAPTER Diet 500 ETHICAL STANDARDS
PART Diet 501 ETHICAL OBLIGATIONS OF LICENSED DIETITIANS
Diet 501.01 Purpose.
(a) The purpose of
this part is to safeguard the
life, health and welfare of the public and to establish and maintain a high
standard of integrity in the professional practice of dietetics.
(b) These rules
shall be binding upon every person holding a license as a licensed dietitian in
this state.
Source. #7773, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 501.02 Obligation
To Obey.
(a) Violation of
these ethical standards shall result in disciplinary sanctions. Conduct
proscribed by these ethical standards, when performed by a candidate for
licensure as a dietitian in this state, or during a prior period of licensure,
shall result in denying a license application.
(b) All persons
licensed under RSA 326-H shall be considered to have knowledge of the existence
of these rules of professional conduct, and shall be deemed to be familiar with
their several provisions. Such knowledge
shall encompass the understanding that the practice of the profession of
dietetics is a privilege, as opposed to a right, and the licensed dietitian
shall be forthright and candid in the licensee's statements or written response
to the board or its representatives on matters pertaining to professional
conduct.
(c) Licensees shall
submit only truthful and correct information in any application or other
document filed with, or statement made to, the board.
(d) Each licensee
shall inform the board of a principle business or home
address to which all official board communications should be directed. The
establishment of a business or home address or the change or abandonment of a
business or home address shall be reported by the licensee to the board within
30 days.
Source. #7773, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Diet 501.03 Standards
of Conduct.
(a) The licensed
dietitian shall hold paramount the safety, health and welfare of the
dietitian's clients.
(b) The licensed
dietitian shall abide by the “Code of Ethics
of the Academy of Nutrition and Dietetics (Journal of the American Dietetic
Association Vol.109, Issue 8, 1461-1467)”, available as noted in Appendix II,
as follows:
(1) Perform his or her services only in areas of
his or her competence;
(2) Issue statements only in an objective and
truthful manner;
(3) Act for each employer or client as a faithful
agent or trustee;
(4) Not engage in deceptive acts;
(5) Conduct himself or herself honorably,
responsibly, ethically and lawfully so as to enhance
the honor, reputation and usefulness of the profession;
(6) Undertake to perform dietetic assignments
only when qualified by education or experience in the specific technical field
of dietetics and nutrition involved;
(7) Act only in an objective and truthful manner;
and
(8) When serving as an expert or technical
witness before any court, commission or other tribunal, express an expert
opinion only when it is founded upon adequate knowledge of the facts in issue,
upon a background of technical competence in the subject matter and upon honest
conviction of the accuracy and propriety of his or her testimony.
(c) The licensed
dietitian shall issue no statement, criticism or argument on dietetic issues
which is influenced or paid for by an interested party or parties, unless he or
she has prefaced the statement, criticism or argument by:
(1) Identifying himself or herself;
(2) Disclosing the identity of the party or
parties on whose behalf he or she is speaking; and
(3) Revealing any pecuniary interest he or she
may have in the matter.
(d) The licensed
dietitian shall solicit or accept work only on the basis of
his or her qualifications.
(e) The licensed
dietitian shall not attempt to injure, maliciously or falsely, directly or
indirectly, the professional reputation, prospects, practice or employment of
another dietitian.
(f) The licensed
dietitian shall not knowingly associate with, or permit the use of his or her name
in a business venture by, any person or firm which he or she knows, or has
reason to believe, is engaging in business or professional practices which are
related to dietetics and are of a fraudulent or dishonest nature.
(g) The licensed
dietitian shall:
(1) If he or she has knowledge or reason to
believe that another licensed dietitian might be in violation of any of these
rules or the provisions of RSA 326-H, present such information to the board in
writing and furnish any further information or assistance required by the
board; and
(2) Cooperate with investigations by the board
and requests for information from the board and the board's representatives.
Source. #7773, eff 10-3-02; ss by #8336, eff 5-1-05,
EXPIRED: 5-1-13
New. #10691, eff 10-9-14
Appendix
Rule |
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Diet 101.01 |
RSA 541-A:7 |
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Diet 102 |
RSA 541-A:7 |
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Diet 103.01 |
RSA 326-H:7 |
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Diet 103.02(a) |
RSA 326-H:14, I |
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Diet 103.02(b) |
RSA 326-H:15 |
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Diet 103.02(c) |
RSA 326-H:14, II & III |
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Diet 103.02(d) |
RSA 326-H:18 |
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Diet 103.02(e) |
RSA 326-H:9, IV |
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Diet 103.02(f) |
RSA 326-H:16; 326-H:17, I |
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Diet 103.03 |
RSA 326-H:9, II |
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Diet 103.04(a) |
RSA 326-H:9; 541-A:16, I(a) |
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Diet 103.04(b) |
RSA 91-A:2, II |
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Diet 103.05 |
RSA 541-A:16, I(a) |
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Diet 103.06 |
RSA 326-H:9, III; 541-A:16,
I(a) |
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Diet 103.07 |
RSA 91-A |
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Diet 104.01 |
RSA 541-A:16, I(a) |
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Diet 104.02 |
RSA 91-A |
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Diet 201.01 |
RSA 310:6, II |
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Diet 201.02 |
RSA 541-A:16, I (b) |
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Diet 301 |
RSA 541-A: 7 |
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Diet 302.01 (a) – (b) |
RSA 326-H: 10, I (a) |
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Diet 302.01 (c) – (g) |
RSA 541-A: 29; RSA 326-H:
10, I (a) |
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Diet 302.01 (h) |
RSA 326-H: 14, II |
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Diet 302.02 |
RSA 326-H: 10, I (a); RSA
326-H: 12; RSA 326-H: 14, I; RSA 326-H: 16; RSA 541-A: 16, I (b) (1); 42 USC
666 (a) (13); RSA 161-B: 11 |
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Diet 302.03 |
RSA 326-H: 10, I (a); RSA
326-H: 12; RSA 326-H: 12-a |
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Diet 302.04 |
RSA 326-H: 10, I (a); RSA
541-A: 16, I (b) (1); RSA 161-B: 11, VI-a; 42 USC 666 (a) (13) |
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Diet 303.01(a) |
RSA 326-H: 12, I-III; RSA
326-H: 14, I |
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Diet 303.01(b) |
RSA 326-H: 12-a |
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Diet 303.02 |
RSA 326-H: 12; RSA 326-H:
14, I; RSA 326-H: 16 |
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Diet 303.03 |
RSA 326-H: 12, I |
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Diet 304 |
RSA 326-H: 10, I(c); RSA
326-H: 10, II; RSA 326-H:14, II |
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Diet 401 |
RSA 541-A: 7 |
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Diet 402.01(a) |
RSA 326-H: 10, I (b); RSA
326-H: 14, II |
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Diet 402.01(b)-(g) |
RSA 326-H: 10, I (b) |
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Diet 402.02(a) |
RSA 326-H: 10, I (b) |
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Diet 402.02(b)-(f) |
RSA 326-H: 10, I (b); RSA
541-A: 29; RSA 541-A: 16, I (b) |
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Diet 402.03(a)-(h) |
RSA 326-H: 10, I (b); RSA
541-A: 16, I (b)(1) |
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Diet 402.03(i) |
RSA 326-H: 10, I (b); RSA
326-H: 14, III; RSA 541-A: 16, I (b)(1) |
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Diet 402.03(j)-(r) |
RSA 326-H: 10, I (b); RSA
541-A: 16, I (b)(1); RSA 326-H: 12; RSA 326-H: 14, I; RSA
326-H: 16 |
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Diet 402.04(a)(1) |
RSA 326-H: 10, I (b); RSA
326-H: 12; RSA 326-H: 14, I, RSA 541-A: 16, I (b); |
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Diet 402.04(a)(2) |
RSA 326-H: 10, I (b); RSA
326-H: 10, I(c); RSA 541-A: 16, I (b) |
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Diet 402.04(a)(3) |
RSA 326-H: 10, I (b) &
(f); RSA 326-H: 15; RSA 541-A: 16, I(b) |
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Diet 402.04(a)(4) |
RSA 326-H: 10, I (b); RSA
541-A: 16, I (b); RSA 326-H: 18 |
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Diet 402.04(a)(5) – (6) |
RSA 326-H: 10, I (b); RSA
541-A: 16, I (b); RSA 326-H: 12; RSA 326-H: 16 |
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Diet 402.04(a)(7) |
RSA 326-H: 10, I (b); RSA
541-A: 31, V (a) |
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Diet 403 |
RSA 326-H: 10, II and III |
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Diet 403.01(a) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 541-A: 31, V (a) |
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Diet 403.01(b)(1) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, III &
IV; RSA 326-H: 2 |
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Diet 403.01(b)(2) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, I & V |
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Diet 403.01(b)(3) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, I & IV;
RSA 326-H: 19, I |
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Diet 403.01(b)(4) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, I & IV;
RSA 326-H: 19, I |
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Diet 403.01(b)(5) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16 II & IV |
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Diet 403.01(b)(6)-(8) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, III &
IV; |
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Diet 403.01(b)(9) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, III & V;
RSA 326-H: 19, IV |
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Diet 403.01(b)(10) – (13) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, IV |
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Diet 403.02(a)(1) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 541-A: 31, V (a); RSA 541-A: 16, I (b); RSA
326-H:16, IV |
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Diet 403.02(a)(2) a. |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, III &
IV; RSA 541-A: 16, I (b); RSA 541-A: 30, III |
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Diet 403.02(a)(2) b. |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, II, III
& IV |
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Diet 403.02(a)(2) c. |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, IV; RSA
326-H: 19, IV |
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Diet 403.02(a)(2) d. |
RSA 326-H: 9, V; RSA 326-H:
2; RSA 326-H: 12; RSA 326-H: 10, I (b) &
(i); RSA 326-H: 16, III & IV |
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Diet 403.02(a)(2) e. |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, I & IV;
RSA 326-H: 19, II |
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Diet 403.02(a)(2) f. - h. |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 16, IV |
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Diet 403.02(b) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 16; RSA 541-A: 16, I (b) |
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Diet 403.03(a)-(b) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 18; RSA 541-A: 16, I (b) |
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Diet 403.03(c) |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 18; RSA 541-A: 16, I (b); RSA
541-A: 30, III |
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Diet 403.03(d)(1) |
RSA 326-H: 9, V; RSA
326-H: 10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 18; RSA
541-A: 16, I (b) |
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Diet 403.03(d)(2) a. - d. |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 14, IV; RSA
326-H: 18; RSA 541-A: 16, I (b) |
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Diet 403.03(d)(2) e. |
RSA 326-H: 9, V; RSA 326-H:
10, I (b) & (i); RSA 326-H: 14, I, III &
IV; RSA 326-H: 18; RSA 541-A: 16, I (b) |
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Diet 403.04(a) |
RSA 326-H: 9, V; RSA 326-H: 10, I (b) & (i); RSA 326-H: 18 |
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Diet 403.04(b) |
RSA 326-H: 9, V; RSA 326-H: 10, I (b) & (i); RSA 326-H: 18; RSA 541-A: 16, I (b); RSA 541-A: 31, V (a) |
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Diet 403.04(c)(1) |
RSA 326-H: 9, V; RSA 326-H: 10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 18; RSA 541-A: 16, I (b) |
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Diet 403.04(c)(2) |
RSA 326-H: 9, V; RSA 326-H: 10, I (b) & (i); RSA 326-H: 12; RSA 326-H: 14, IV; RSA 326-H: 18; RSA 541-A: 16, I
(b) |
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Diet 403.05 |
RSA 326-H: 9, V; RSA 326-H: 10, I (b) & (i); RSA 326-H: 16; RSA 326-H: 12; RSA 541-A: 16, I (b); RSA 541-A: 7 |
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Diet 404 |
RSA 326-H: 10, I (f); RSA 326-H: 15; RSA 541-A: 16,
I (b) |
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Diet 405.01 renumbered as Diet 406.01 |
RSA 326-H: 10, I (a); RSA 326-H: 15; RSA 326-H: 12 |
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Diet 405.02 |
RSA 326-H: 10, I (a)-(b), (d) & (f); RSA 326-H:
14; RSA 326-H: 12, IV; RSA 326-H: 14, III; RSA 541-A: 16, I (b) |
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Diet 405.03 |
RSA 326-H: 10, I (d); RSA 326-H 12, IV; RSA 326-H:
14, III |
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Diet 405.04 |
RSA 326-H:10, II; RSA
541-A:16, I(b) |
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Diet 500 |
RSA 326-H: 9, IV; RSA 326-H: 10,I(i) |
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APPENDIX II: Incorporation by Reference Information
Rule |
Title |
Obtain At |
Diet 501.03
(b) |
Code of Ethics
for Profession of Dietetics |
Journal of
American Dietetic Association-January 1999 (Vol. 99, Issue 1, Pages 109-113
or http://www.journals.elsevierhealth.com/periodicals/yjada/article/S0002-8223(99)00029-2/fulltext Available at no cost. |