CHAPTER Diet 100 ORGANIZATIONAL RULES
PART Diet 101 PURPOSE
Diet 101.01 Purpose. These rules implement the statutory
responsibilities of the
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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.
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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.
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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.
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Diet 103.03 Officers. The board selects its chairperson from among
its members.
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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.
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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.
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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.
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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.
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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.
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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.
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CHAPTER Diet 200 PROCEDURAL RULES
PART Diet 201 DEFINITIONS
Diet 201.01 Definitions.
(a)
“Appearance" means a written notification to the board that a
party, an intervenor or the representative of a party or intervenor intends to
actively participate in a hearing.
(b) “Board” means
the board of licensed dietitians established pursuant to RSA 326-H:7.
(c) “Complainant”
means a person who alleges action on the part of a licensee that may give rise
to the board’s commencement of disciplinary proceedings against the licensee.
(d) "Contested case" means
“contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in which
the legal rights, duties or privileges of a party are required by law to be
determined by an agency after notice and an opportunity for hearing.”
(e) “Declaratory ruling" means
“declaratory ruling” as defined in RSA 541-A:1, V, namely “an agency ruling as
to the specific applicability of any statutory provision or of any rule or
order of the agency.”
(f)
"Hearing" means "adjudicative proceeding" as defined
by RSA 541-A:1, I, namely, "the procedure to be followed in contested
cases, as set forth in RSA 541-A:31 through RSA 541-A:36."
(g) "Intervenor" means a person
without the status of a party who participates in a hearing to the extent
permitted by the presiding officer acting pursuant to RSA 541-A:32.
(h)
"Motion" means a request to the presiding officer for an order
or ruling directing some act to be done in favor of the party making the
motion, including a statement of justification or reasons for the request.
(i) “Order” means “order” as defined in RSA
541-A:1, XI, namely, “the whole or part of an agency’s final disposition of a
matter, other than a rule, but does not include an agency’s decision to
initiate, postpone, investigate or process any matter, or to issue a complaint
or citation.”
(j)
"Party" means “party” as defined in RSA 541-A:1, XII, namely,
“each person or agency named or admitted as a party, or properly seeking and
entitled as a right to be admitted as a party.”
(k)
"Person" means any individual, partnership, corporation,
association, governmental subdivision or public or private organization of any
character other than the board.
(l) "Presiding
officer" means “presiding officer” as defined in RSA 541-A:1, XIV, namely,
“that individual to whom the agency has delegated the authority to preside over
a proceeding, if any; otherwise it shall mean the head of the agency.”
(m)
"Proof by a preponderance of the evidence" means a
demonstration by admissible evidence that a fact or legal conclusion is more
probably true than not.
(n)
“Public comment hearing” means a proceeding held pursuant to RSA
541-A:11.
(o)
“Record” means, in a contested case, the materials set forth in RSA
541-A:31, VI.
(p)
“Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
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PART Diet 202 CONSTRUCTION OF RULES AND RIGHT TO A HEARING
Diet 202.01 Principles
of Dispute Resolution. The board
shall resolve by agreement or by decision after hearing all disputes about
matters within the scope of RSA 326-H and the administrative rules implementing
that statute.
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Diet 202.02 Construction
of Rules. Parts Diet 203-213 and
Parts Diet 215-216 shall be construed to secure the just, accurate and
efficient resolution of all disputes.
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Diet 202.03 Right
to A Hearing. Any person having a
dispute with the board shall be entitled to a hearing of the dispute if:
(a) The legal
rights, duties or privileges of that person will be determined in the course of
deciding the outcome of the dispute; and
(b) Constitutional, statutory
or case law requires the board to hold a hearing before determination of those
rights, duties or privileges.
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PART Diet 203 CONDUCT OF HEARINGS BY PRESIDING OFFICER;
WAIVER OF RULES
Diet 203.01 Presiding
Officer.
(a) Hearings shall
be conducted by a presiding officer designated by the board.
(b) The presiding
officer shall, as necessary:
(1) Regulate and control the course of the
hearing;
(2) Facilitate settlement of the dispute that is
the subject of the hearing;
(3) Administer oaths and affirmations;
(4) Request that the board, with the approval of
the attorney general, issue subpoenas to compel the attendance of witnesses or
the production of documents;
(5) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(6) Rule on procedural requests at the request of
a party or intervenor or on the presiding officer's own motion;
(7) Question anyone who testifies to the extent
required to make a full and fair record;
(8) Cause a complete record of the hearing to be
made, as specified in RSA 541-A:31, VII; and
(9) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and
complete the record in a fair and timely manner.
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Diet 203.02 Withdrawal
of Presiding Officer.
(a) Upon his or her
own initiative or upon the motion of any party or intervenor, the presiding
officer shall withdraw from any hearing for good cause.
(b) Good cause shall
exist if the presiding officer:
(1) Has a direct interest in the outcome of the hearing,
including but not limited to, a financial or family relationship with any party
or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of the case.
(c) Mere knowledge
of the issues or acquaintance with any party, intervenor or witness shall not
constitute good cause for withdrawal.
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Diet 203.03 Waiver
or Suspension of Rules by Presiding Officer. The presiding officer, upon the motion of any
party or intervenor, or on his or her own initiative, shall suspend or waive
any requirement or limitation imposed by this chapter when the suspension or
waiver:
(a) Appears to be
lawful; and
(b) Is more likely to
promote the just, accurate and efficient resolution of the pending dispute than
would adherence to a particular rule or procedure.
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PART Diet 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Diet 204.01 Date
of Issuance or Filing.
(a) All written
documents governed by this chapter shall be rebuttably presumed to have been
issued on the date noted on the document.
(b) All written
documents governed by this chapter shall be rebuttably presumed to have been
filed with the board on the date of receipt, as evidenced by a date stamp
placed on the document by the board or its staff in the normal course of
business.
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Diet 204.02 Format
of Documents.
(a) All
correspondence, pleadings, motions or other documents filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be completed using a keyboard or be legibly
printed in ink on durable paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document, or,
if the proponent appears by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties and intervenors in compliance
with Diet 204.03.
(b) The signature of
a party or intervenor or the representative of the party or the intervenor on a
document filed with the board shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer's knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
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Diet
204.03 Delivery of Documents.
(a) Copies of all petitions, motions, exhibits, memoranda,
or other documents filed by any party or intervenor shall be delivered by that
party or intervenor to the board and to all other parties and intervenors.
(b) All notices, orders, decisions, or other
documents issued by the presiding officer shall be delivered to all parties and
intervenors.
(c) Delivery of documents relating to a
proceeding shall be made by depositing into the United States mail a copy of
the document in an envelope bearing:
(1) The name of
the person intended to receive the document;
(2) The full
address, including zip code, last provided to the board by such person;
(3) Prepaid
first class postage; or
(4) In the case
of documents issued by the presiding officer, the information noted in (1) and
(2) above together with prepaid certified mail postage, return receipt
requested.
(d) When a party or intervenor appears by a
representative, delivery of a document to the party's or intervenor’s
representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party or intervenor.
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PART Diet 205 TIME PERIODS
Diet 205.01 Computation of Time.
(a) Unless otherwise
specified, the unit of time for time periods referenced in this chapter shall
be calendar days.
(b) Computation of any
period of time referred to in this chapter shall begin with the day after the
action which sets the time period in motion, and shall include the last day of
the period so computed.
(c) If the last day
of the period so computed falls on a Saturday, Sunday or a legal holiday, then
the time period shall be extended to include the first business day following
the Saturday, Sunday or legal holiday.
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PART Diet 206 MOTIONS
Diet 206.01 Motions;
Objections.
(a) Motions shall be
in written form and filed with the presiding officer, unless made in response
to a matter asserted for the first time at a hearing or based on information
that was not received in time to prepare a written motion.
(b) Oral motions and
any oral objections to such motions shall be recorded in full in the record of
the hearing. If the presiding officer finds
that the motion requires additional information in order to be fully and fairly
considered, the presiding officer shall direct the proponent to submit the
motion in writing and provide supporting information.
(c) Except as
otherwise provided by this chapter, objections to written motions shall be
filed within 10 days of the date of the motion.
(d) Failure by an
opposing party or an intervenor to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(e) When necessary
to obtain information or to clarify an issue relating to the proceedings, the
presiding officer shall hold a hearing on the motion.
(f) The presiding
officer shall rule upon a motion after full consideration of all objections and
applicable law.
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PART
Diet 207 COMMENCEMENT OF THE HEARING;
APPEARANCES; PRE-HEARING CONFERENCE; RECORDING THE HEARING
Diet 207.01 Commencement
of The Hearing.
(a) A hearing shall
be commenced by:
(1) An order
of the board giving the parties the notice specified in paragraph (b) below;
and
(2) In the case
of a hearing related to the board’s emergency suspension of a license, the
notice specified in (b) below, together with the order issued pursuant to Diet
207.03(a).
(b) The hearing
notice shall contain:
(1) A statement
of the time, place and nature of the hearing;
(2) A
statement of the legal authority under which the hearing is to be held;
(3) A
reference to the applicable statutes and rules;
(4) A short
and plain statement of the issues presented;
(5) A
statement that each party has the right to have representation by an attorney
at the party’s own expense;
(6) The name
of the presiding officer;
(7) In the
case of a hearing not related to the board's emergency suspension of a license,
the statement that:
a. A party
has the right to have the board provide a certified shorthand court reporter at
the party’s expense; and
b. The party’s
request for a certified shorthand court reporter shall be submitted in writing
at least 10 days before the beginning of the hearing; and
(8) In the
case of a hearing related to the board's emergency suspension of a license
pursuant to Diet 207.03, the statement that the board shall provide a certified
shorthand court reporter at the board's expense.
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Diet 207.02 Complaints
and Disciplinary Proceedings.
(a) The board shall not act upon any complaint
against any licensee unless such complaint is in writing.
(b) Except in cases arising under Diet 207.03, at
least 14 days before any hearing relative to a complaint against a licensee the
board shall, either personally or by registered mail, serve the licensee and
the complainant with:
(1) A copy of
the written complaint; and
(2) The
notice specified in Diet 207.01(b).
(c) Except in cases arising under Diet 207.03,
unless otherwise agreed by the board, the licensee and the complainant, a
hearing shall be held on all written complaints received by the board within 3
months of the date that notice of the complaint was served upon the licensee
under paragraph (b) above.
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Diet 207.03 Procedure
for Emergency Suspension of Licenses.
(a) Upon a finding that public health, safety or
welfare requires emergency action, the board shall immediately and without a
hearing suspend a license by issuing a written order of suspension
incorporating the finding.
(b) The board shall commence a hearing no later
than 10 working days after the issuance of an order pursuant to (a).
(c) Unless the 10-day deadline in (b) is expressly
waived by the licensee, the failure of the board to meet the deadline shall
result in the automatic vacating of the order of license suspension.
(d) After the vacating of the order pursuant to
(c) above, the board shall not again suspend the license on the basis of the
same conduct that formed the basis for the vacated order without giving the
licensee prior notice and the opportunity for a hearing under Diet 207.01.
(e) The recording of a hearing on the emergency
suspension of a license shall be made by a certified shorthand court reporter
provided and paid for by the board.
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Diet 207.04 Appearances
and Representation. A party or
intervenor or the representative of the party or intervenor shall file an
appearance that includes the following information:
(a) The docket
number assigned by the board, if any, or a brief identification of the case;
(b) A statement as
to whether or not the party or intervenor is appearing for him or herself or
through a representative;
(c) A statement as
to whether the person filing the appearance is an attorney licensed to practice
in the State of
(d) The daytime
address and telephone number of the party, intervenor or representative filing
the appearance and, if a representative, the name, daytime address and
telephone number of the party or intervenor being represented; and
(e) A statement that
the person filing the appearance agrees to abide by the statutes, rules and
other applicable law relating to the adjudicative proceedings of the board.
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Diet 207.05 Prehearing Conference.
(a)
A prehearing conference shall be scheduled on the request of any party
or intervenor or on the initiative of the presiding officer if the presiding
officer determines that to do so would facilitate the proceedings or encourage
resolution of the dispute.
(b)
One or more of the following shall be addressed at the prehearing
conference:
(1) Offers of
settlement;
(2) Simplification
of the issues;
(3)
Stipulations or admissions as to issues of fact or proof;
(4) Limitations
on the number of witnesses;
(5) Changes to
standard hearing procedures;
(6) Consolidation
of examination of witnesses; and
(7) Any other
matters that advance the efficiency of the proceedings.
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Diet 207.06 Recording
the Hearing.
(a) Except as
otherwise provided in (d) below, the presiding officer shall record the hearing
by tape recording or other method that will provide a verbatim record.
(b) If any person
requests a transcript of the taped record, the board shall cause a transcript
to be prepared and, upon receipt of payment for the cost of the transcription,
shall provide copies of the transcript to the person making the request.
(c) Pursuant to RSA
541-A:31, VII, if a transcript is not provided by the board within 60 days of a
request by licensee in a disciplinary hearing, the proceeding shall be
dismissed with prejudice.
(d) A hearing on the
emergency suspension of a license pursuant to RSA 541-A:30, III shall be
recorded by a certified shorthand court reporter provided and paid for by the
board.
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PART Diet 208 ROLES OF BOARD STAFF AND COMPLAINANTS
Diet 208.01 Role
of Complainants in Disciplinary Proceedings. Unless called as a witness, complainants
alleging misconduct by a licensee shall have no role in any hearing, but may
petition to intervene.
Diet 208.02 Role
of Board Staff in Disciplinary Proceedings.
Unless called as witnesses, board staff shall have no role in any
hearing.
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PART Diet 209 INTERVENTION
Diet 209.01 Intervention
Procedure.
(a) Petitions for
intervention shall:
(1) Describe the petitioner's interest in the
subject matter of the proceedings; and
(2) Be submitted in writing to the presiding
officer.
(b) A copy of a
petition submitted pursuant to (a) above shall be mailed to the board and to
all persons or entities identified in the notice commencing the adjudicative
proceeding.
(c) A petition for
intervention shall be granted by the presiding officer if:
(1) The petitioner complied with (a) and (b)
above at least 3 days before the adjudicative proceeding and the
presiding officer determines that:
a. The petition states facts demonstrating that
the petitioner's rights, duties, privileges, immunities or other substantial interests may be affected by the
proceedings or the petitioner qualifies as an intervenor under law; and
b. The intervention sought would not impair the
interests of justice and the orderly and prompt conduct of the proceedings; or
(2) The petitioner complied with (a) and (b)
above at any time and the presiding officer determines that the intervention
sought would be in the interests of justice and would not impair the orderly
and prompt conduct of the proceedings.
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Diet 209.02 Effect of Intervention.
(a) Approval of
intervention by the presiding officer shall apply only to the proceeding in
which the petition for intervention was granted.
(b) Notwithstanding the
provisions of this chapter, an intervenor’s right to participate in an
adjudicative proceeding shall be subject to any limitations or conditions
imposed by the presiding officer pursuant to RSA 541-A:32, III.
(c) An intervenor shall
take the proceedings as he or she finds them and no portion of the proceeding
shall be repeated because of the fact of intervention.
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PART Diet 210 CONTINUANCES AND FAILURE TO ATTEND HEARING
Diet 210.01 Continuances.
(a)
Any party or intervenor may make an oral or written motion that a
hearing, or any other proceeding, be delayed or continued to a later date or
time.
(b) A motion for a
delay or a continuance shall be granted if the presiding officer determines
that there is good cause to do so.
(c) Good cause shall
include:
(1) The unavailability of parties, intervenors,
witnesses or attorneys necessary to conduct the hearing;
(2) The likelihood that a settlement will make
the hearing or its continuation unnecessary; and
(3) Any other circumstances that demonstrate that
a delay or continuance would assist in resolving the case fairly.
(d) If the later
date, time and place are known when the hearing is being delayed or continued,
the information shall be stated on the record. If the later date, time and
place are not known at that time, the presiding officer shall as soon as
practicable issue a written scheduling order stating the date, time and place
of the delayed or continued hearing.
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Diet 210.02 Failure
of a Party to Attend or Participate in the Hearing.
(a) A party shall be
in default if the party:
(1) Has the overall burden of proof;
(2) Has been given notice in accordance with Diet
207.01; and
(3) Fails to attend the hearing.
(b) If a party is in
default under (a) above, the case shall be dismissed.
(c) If a party who
does not have the overall burden of proof fails to attend a hearing after
having been given notice in accordance with Diet 207.01, the testimony and
evidence of any other parties or intervenors shall be received and evaluated.
(d) If a party who
has the overall burden of proof attends a hearing but fails to participate by
presenting evidence or argument, a decision shall be entered against that
party.
(e) The board shall
not dismiss the case under (b) above if there exists good cause for the failure
to appear.
(f) For the purposes
of (e) above, good cause means circumstances which are beyond the control of
the party.
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PART Diet 211 REQUESTS FOR INFORMATION AND DOCUMENTS
Diet 211.01 Voluntary
Production of Information.
(a) Each party and
intervenor shall attempt in good faith to make complete and timely response to
requests for the voluntary production of information and documents relevant to
the hearing.
(b) When a dispute arises
concerning a request for the voluntary production of information or documents,
any party or intervenor may file a motion under Diet 211.02 to compel the
production of the requested information or documents.
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Diet 211.02 Motions
to Compel Production of Information and Documents.
(a) Any party or
intervenor may make a motion seeking an order for compliance with an
information or document request. The
motion shall be filed at least 30 days before the date scheduled for the
hearing, or as soon as possible after receiving the notice of the hearing if
such notice is issued less than 30 days in advance of the hearing.
(b)
The motion
to compel shall:
(1) Set forth in detail those facts which justify
the request for information or documents; and
(2) List with specificity the information or
documents being sought.
(c) The
presiding officer shall grant the motion to compel if its proponent has
demonstrated that an order for compliance is necessary for a full and fair
presentation of evidence at the hearing.
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Diet 211.03 Mandatory
Pre-Hearing Disclosure of Witnesses and Exhibits.
(a) Whether or not stated
in a scheduling order issued by the presiding officer, at least 5 days before
the hearing the parties and intervenors shall provide to the other parties and
intervenors:
(1) A list of all witnesses that may be called at
the hearing together with the address and telephone number of each witness and
a brief summary of their testimony, said list separately identifying:
a. Those witnesses that the party or intervenor
intends to call; and
b. Those witnesses that the party or intervenor
reserves the right to call if the need arises.
(2) A list of all documents and exhibits that may
be offered as evidence at the hearing
together, said list separately identifying:
a. Those documents and exhibits that the party
or intervenor intends to submit as evidence; and
b. Those documents and exhibits that the party
or intervenor reserves the right to submit as evidence if the need arises.
(3) A copy of each document that may be offered
as evidence at the hearing; and
(4) An offer to inspect at times and places of
convenience to the other parties and intervenors the non-documentary exhibits
that may be offered as evidence at the hearing.
(b) In the event
that a party or intervenor attempts to present evidence not disclosed in
accordance with paragraph (a) above, the presiding officer shall, upon the
objection of a party or intervenor, prohibit the introduction of such evidence
if:
(1) The objecting party would be prejudiced by
the admission of the evidence; and
(2) No good cause has been presented by the
proponent of the evidence for the failure to disclose in conformity with
paragraph (a) above.
(c) Good cause shall
exist under paragraph (b) above if:
(1) The evidence was not, in the exercise of
reasonable diligence, available to the proponent at least 5 days prior to the
hearing;
(2) The proponent of the evidence disclosed the
evidence to all other parties and intervenors within sufficient time prior to
the hearing so as to allow the objecting party to submit any necessary rebuttal
evidence; and
(3) The proponent of the evidence does not object
to the submission of rebuttal evidence under subparagraph (2) above on the
basis that such evidence has not been timely disclosed.
Source. #7937,
eff 8-23-03
PART Diet 212 HEARING PROCEDURE
Diet 212.01 Standard
and Burden of Proof. The party or intervenor
asserting a proposition shall bear the burden of proving the truth of the
proposition by a preponderance of the evidence.
Source. #7937,
eff 8-23-03
Diet 212.02 Testimony;
Order of Proceeding.
(a) Any individual
offering testimony, evidence or arguments shall state for the record his or her
name and role in the hearing. If the individual is representing another person,
the person being represented shall also be identified.
(b) Testimony on
behalf of the parties shall be offered in the following order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter the testimony of the party or
parties opposing the party who bears the overall burden of proof and such
witnesses as such party or parties may call.
(c) The testimony of
intervenors shall be offered at the time directed by the presiding officer.
(d) Each party may
cross-examine any witness offered against that party.
Source. #7937,
eff 8-23-03
Diet 212.03 Evidence.
(a) Receipt of
evidence shall be governed by the provisions of RSA 541-A:33.
(b) All documents,
materials and objects offered as exhibits shall be admitted into evidence
unless excluded by the presiding officer as irrelevant, immaterial, unduly
repetitious or legally privileged.
(c) All objections
to the admissibility of evidence shall be stated as early as possible in the
hearing, but not later than the time when the evidence is offered.
(d) Transcripts of
testimony as well as documents, materials and objects admitted into evidence
shall be public records unless the presiding officer determines that all or
part of them is exempt from disclosure under RSA 91-A:5 or applicable case law.
(e) All of the rules
of privilege recognized under the laws of the state of
Source. #7937,
eff 8-23-03
Diet 212.04 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party or intervenor
may submit proposed findings of fact and conclusions of law to the presiding
officer before or at the hearing.
(b) The presiding
officer shall require the submission of proposed findings of fact and
conclusions of law and specify a date after the close of the hearing for their
submission when:
(1) Any party or intervenor has requested such
action;
(2) The presiding officer determines that
proposed findings of fact and conclusions of law would clarify the issues
presented at the hearing.
(c) In any case
where proposed findings of fact and conclusions of law are submitted, the
decision shall include rulings on the proposals.
Source. #7937,
eff 8-23-03
Diet 212.05 Decision.
(a) The board shall
issue a final decision or order, whether or not the record has been reopened
pursuant to Diet 212.07, based on:
(1) A hearing attended by a quorum of the board;
(2) A written proposal for decision meeting the
requirements of paragraph (c); or
(3) A hearing held pursuant
to paragraph (d)(2).
(b) A board member
shall not participate in the board's decision if he or she has not personally
heard all of the testimony in the case, unless the matter's disposition does
not depend on the credibility of any witness and the record provides a
reasonable basis for evaluating the testimony.
(c) If a presiding
officer has been delegated the authority to conduct the hearing in the absence
of a quorum of the board, the presiding officer shall submit to the board a
written proposal for decision containing:
(1) The decision proposed by the presiding
officer;
(2) A statement of the reasons for the proposed
decision; and
(3) Findings of fact and rulings of law necessary
to the proposed decision.
(d) If a proposal for decision submitted pursuant
to paragraph (c) is adverse to a party or an intervenor, the board shall:
(1) Serve a copy of the proposal for decision on
each party and intervenor; and
(2) Provide an opportunity to file objections and
present briefs and oral arguments to the board.
(e) The board shall keep
a final decision on file in its records for at least 5 years following the date
of the final decision or the date of the decision on any appeal, unless the
director of the division of records management and archives of the department
of state sets a different retention period pursuant to rules adopted under RSA
5:40.
Source. #7937,
eff 8-23-03
Diet 212.06 Closing
the Record. After the conclusion of
the hearing and the filing of such post-hearing submissions as may be ordered
by the presiding officer, the record shall be closed and no additional evidence
shall be received into the record except or allowed by Diet 212.07.
Source. #7937,
eff 8-23-03
Diet 212.07 Reopening
the Record.
(a) If no written
proposal for decision pursuant to Diet 212.05(c) or final decision pursuant to
Diet 212.05(a) has been issued, any party or intervenor may move to reopen the
record for the inclusion in the record of specified evidence or claims of law.
(b) A motion
pursuant to (a) above shall be granted if there is no objection from any other
party or intervenor and:
(1) The evidence sought to be included in the
record was not available at the time of the hearing or the claim of law was
inadvertently omitted; and
(2) The presiding officer determines that the
evidence or claim of law is relevant, material and non-duplicative and its
inclusion in the record is necessary to a full and fair consideration of the
issues to be decided.
(c) If there is an objection from a party or
intervenor to a motion made pursuant to (a) above, the hearing shall be
reopened for the purpose of receiving evidence, permitting cross-examination
and permitting argument on the issue of reopening the record.
(d) The presiding
officer shall grant a motion made pursuant to (a) above if, after the reopened
hearing described in (c) above, the hearing officer determines that the
evidence sought to be included in the record was not available at the time of
the hearing or the claim of law was inadvertently omitted and the evidence or
claim of law is relevant, material and non-duplicative and its inclusion in the
record is necessary to a full and fair consideration of the issues to be
decided.
(e) If the presiding officer permits the
reopening of the record for the admission of specified evidence or claim of
law, the hearing officer shall extend the hearing reopened pursuant to (c) for
the purpose of receiving evidence, permitting cross-examination and permitting
argument on the substance of the evidence or on the claim of law.
Source. #7937,
eff 8-23-03
Diet 212.08 Rehearing.
(a) Any party or person directly affected
by the board's decision or order pursuant to Diet 212.05 may request rehearing
of any matter determined in the proceeding or covered by the decision or order
by, within 10 days of the date of the decision or order, submitting a written
motion specifying:
(1) The issues to be considered at the rehearing;
and
(2) Every ground on which it is claimed that the
decision or order is unlawful or unreasonable.
(b) Any objection to a motion for rehearing
shall be submitted within 5 days of the submission of the motion.
(c) Within 10 days of submission of the motion
for rehearing the board shall:
(1) Grant the motion;
(2) Deny the motion; or
(3) Suspend the board's decision or order pending
further consideration.
(d) The board shall grant the motion
for rehearing if it determines that, in the original hearing it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Failed substantially to comply with this
chapter.
Source. #7937,
eff 8-23-03
PART Diet 213 RULEMAKING
Diet 213.01 Petitions
for Rulemaking.
(a) Any person may seek
the adoption, amendment or repeal of a rule by submitting to the board a
petition pursuant to RSA 541-A:4.
(b) Each petition
for rulemaking shall contain:
(1) The name and
address of the individual petitioner or, if the request is that of an
organization or other entity, the identity of such organization or entity and
the name and address of the representative authorized by the entity to file the
petition;
(2) A statement of
the purpose of the petition, whether the adoption, amendment or repeal of a
rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought, identification
of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source. #7937,
eff 8-23-03
Diet 213.02 Disposition
of Petitions for Rulemaking.
(a) The board shall
request additional information or argument from a person petitioning for
rulemaking or from others if such additional information or argument is
required to reach a decision.
(b) The board shall
grant the petition for rulemaking if the adoption, amendment or repeal sought
would not result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) Excessive burden upon the board in terms of
cost or a reduction in efficiency or effectiveness.
(c) Within 30 days of
receipt of a sufficient petition the board shall dispose of it in the following
manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d) The denial of a
petition for rulemaking shall not entitle the petitioner to a hearing.
Source. #7937,
eff 8-23-03
PART Diet 214 PUBLIC COMMENT HEARINGS
Diet 214.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #7937,
eff 8-23-03
Diet 214.02 Public
Access and Participation.
(a) Public comment hearings
shall be open to the public, and members of the public shall be entitled to
testify, subject to the limitations of
Diet 214.03.
(b) People who wish
to testify shall be asked to write on the speaker's list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations,
entities or other persons whom they represent, if any.
(c) Written
comments, which may be submitted in lieu of or in addition to oral testimony,
shall be accepted for 10 days after the adjournment of a hearing or after the
adjournment of a postponed or continued hearing.
Source. #7937,
eff 8-23-03
Diet 214.03 Limitations
on Public Participation. The board's
chair or other person designated by the board to preside over a hearing shall:
(a) Refuse to
recognize for speaking or revoke the recognition of any person who:
(1) Speaks or acts in an abusive or disruptive
manner;
(2) Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
(3) Restates more than once what he or she has
already stated;
(b) Limit presentations
on behalf of the same organization or entity to no more than 3, provided that
all those representing such organization or entity may enter their names and
addresses into the record as supporting the position of the organization or
entity.
Source. #7937,
eff 8-23-03
Diet 214.04 Media
Access. Public comment hearings
shall be open to print and electronic media, subject to the following
limitations when such limitations are necessary to allow a hearing to go
forward:
(a) Limitation of
the number of media representatives when their number together with the number
of members of the public present exceeds the capacity of the hearing room;
(b) Limitation on
the placement of cameras to specific locations within the hearing room; or
(c) Prohibition of
interviews conducted within the hearing room before or during the hearing.
Source. #7937,
eff 8-23-03
Diet 214.05 Conduct
of Public Comment Hearings.
(a) Public comment
hearings shall be presided over by the board chair or a board member
knowledgeable in the subject area of the proposed rules who has been designated
by the board to preside over the hearing.
(b) The chair or
other person presiding over a hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the subject
matter of the hearing and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) If necessary, establish limits pursuant to
Diet 214.03 and Diet 214.04;
(6) If necessary to permit the hearing to go
forward in an orderly manner, effect the removal of a person who speaks or acts
in a manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
and
(8) Adjourn or continue the hearing.
(c) A hearing shall
be postponed in accordance with RSA 541-A:11, IV when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing to attend the hearing will be unable
to do so;
(2) The board chair or other person designated by
the board to preside over the hearing is ill or unavoidably absent; or
(3) Postponement will facilitate greater
participation by the public.
(d) A hearing shall be
moved to another location in accordance with RSA 541-A:11, V when the original
location is not able to accommodate the number of people who wish to attend the
hearing.
(e) A hearing shall
be continued past the scheduled time or to another date in accordance with RSA
541-A:11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend and
it is not possible to move the hearing to another location.
Source. #7937,
eff 8-23-03
PART Diet 215 DECLARATORY RULINGS
Diet 215.01 Requests
for Declaratory Rulings by the Board.
(a) Any person
directly affected by any statute or rule relating to the board may request a declaratory
ruling by the board regarding the specific applicability of any statutory
provision or administrative rule relating to the board.
(b) A request for a
declaratory ruling shall be in a writing containing:
(1) The name and address of the individual or
entity making the request;
(2) The text of the ruling being requested;
(3) The reasons for the request; and
(4) The following declaration signed by the
individual making the request, the authorized representative of such
individual, or the authorized representative of the entity making the request:
"I declare that I have
examined the request for a declaratory ruling, including the accompanying
documents, and state that, to the best of my knowledge and belief, the facts
presented in support of the requested declaratory ruling are true, correct, and
complete."
Source. #7937,
eff 8-23-03
Diet 215.02 Documents
Required to Support Requests for Declaratory Rulings.
(a) A request for a
declaratory ruling shall be accompanied by:
(1) A statement citing the statutory law, regulatory
law and orders believed to support the ruling being requested;
(2) A statement of the facts believed to support
the ruling being requested; and
(3) Supplementary material necessary to establish
or clarify the facts set forth in the statement of facts.
(b) A request for a
declaratory ruling may be accompanied by additional material chosen by the
person making the request.
Source. #7937,
eff 8-23-03
Diet 215.03 Processing
Requests for Declaratory Rulings.
(a) Within 30 days
of receiving a request for a declaratory ruling the board shall advise the
person requesting it if the ruling will be delayed by the need for additional
information or the complexity of the issues presented.
(b) If additional
information should be needed, the board shall specify the additional
information required and request that it be provided in a statement of
additional information that includes the declaration specified in Diet
215.01(b)(4), and is accompanied by any material necessary to establish or
clarify the facts set forth in the statement.
Source. #7937,
eff 8-23-03
Diet 215.04 Issuance
and Publication of Declaratory Rulings.
(a) When facts
sufficient to support a declaratory ruling have been established, the board
shall issue a written declaratory ruling which applies all relevant law to the
established facts.
(b) When the
established facts show that the board lacks subject matter or personal
jurisdiction to issue a declaratory ruling, the board shall issue a written
decision stating that it lacks jurisdiction to issue a declaratory ruling and
identifying the lack of jurisdiction.
(c) Declaratory
rulings shall be filed on the day of issuance with the director of legislative
services in accordance with RSA 541-A:16, II(b).
Source. #7937,
eff 8-23-03
Diet 215.05 Effect
of Declaratory Rulings. A
declaratory ruling shall apply only to the board and to the person requesting
it and shall be confined to the facts presented pursuant to Diet
215.02(a)(2)-(a)(3) and in response to a request of the board made pursuant to
Diet 215.03(b).
Source. #7937,
eff 8-23-03
PART Diet 216 EXPLANATION OF ADOPTED RULES
Diet 216.01 Requests
for Explanation of Adopted Rules.
Any interested person may, within 30 days of the final adoption of a
rule, request a written explanation of that rule by making a written request to
the board including:
(a) The name and
address of the person making the request; or
(b) If the request
is that of an organization or other entity, the name and address of such
organization or entity and the name and address of the representative
authorized by the organization or entity to make the request.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05;
ss by #10690, eff 10-9-14
Diet 216.02 Contents
of Explanation. The board shall, within
90 days of receiving a request in accordance with Diet 216.01, provide a
written response which:
(a) Concisely states
the meaning of the rule adopted;
(b) Concisely states
the principal reasons for and against the adoption of the rule in its final
form; and
(c) States, if the
board did so, why the board overruled any arguments and considerations
presented against the rule.
Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05;
ss by #10690, eff 10-9-14
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 |
RSA 541-A:7 |
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Diet 202.01 |
RSA 541-A:16, I(b); RSA
541-A:31, V(a); RSA 541-A:35; RSA 541-A:38 |
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Diet 202.02 |
RSA 541-A:16, I(b) |
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Diet 202.03 |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 541-A:31, I; RSA 326-H:10, I(g) |
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Diet 203.01(a) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 326-H:10, I(g) |
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Diet 203.01(b)(1) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 326-H:10, I(g) |
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Diet 203.01(b)(2) |
RSA 541-A:16, I(b); RSA 541-A:31,
V(b); RSA 541-A:31, V(c)(1) |
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Diet 203.01(b)(3) |
RSA 541-A:33, I |
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Diet 203.01(b)(4) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 326-H:17, II; RSA 326-H:10, I(g) |
||
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Diet 203.01(b)(5) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 541-A:33, II; RSA 326-H:10, I(g) |
||
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Diet 203.01(b)(6) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 541-A:31, VI(b); RSA 541-A:33, II; RSA
326-H:10, I(g) |
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Diet 203.01(b)(7) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 326-H:10, I(g) |
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Diet 203.01(b)(8) |
RSA 541-A:31, VI(g); RSA
541-A:31, VII |
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Diet 203.01(b)(9) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 326-H:10, I(g) |
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Diet 203.02 |
RSA 541-A:30-a, III(k) |
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Diet 203.03 |
RSA 541-A:30-a, III(j) |
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Diet 204.01 |
RSA 541-A:16, I(b); RSA
541-A:30-a, III(a); RSA 541-A:30-a, III(f) |
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Diet 204.02 |
RSA 541-A:16, I(b); RSA
541-A:30-a, III(a) |
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Diet 204.03 |
RSA 541-A:30-a, III(a) |
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Diet 205.01 |
RSA 541-A:30-a, III(f) |
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Diet 206.01(a) |
RSA 541-A:16, I(b); RSA
541-A:30-a, III(a); RSA 541-A:31, IV |
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Diet 206.01(b) |
RSA 541-A:16, I(b);
RSA 541-A:30-a, III(a); RSA 541-A:31, VI(b); RSA 541-A:31, VII; RSA
541-A:33, II |
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Diet 206.01(c) |
RSA 541-A:16, I(b); RSA
541-A:30-a, III(a); RSA 541-A:31, VII; RSA 541-A:33, II |
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Diet 206.01(d) |
RSA 541-A:16, I(b); RSA
541-A:31, VII; RSA 541-A:33, II |
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Diet 206.01(e) |
RSA 541-A:16, I(b); RSA
541-A:31, IV |
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Diet 206.01(f) |
RSA 541-A:16, I(b); RSA
541-A:31, IV; RSA 541-A:33, II |
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Diet 207.01(a)(1) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 541-A:31, III; RSA 326-H:10, I(g) |
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Diet 207.01(a)(2) |
RSA 541-A:16, I(b); RSA
541-A:30, III; RSA 541-A:30-a I; RSA 541-A:31, III; RSA
326-H:10, I(g) |
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Diet 207.01(b)(1) |
RSA 541-A:31, III(a) |
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Diet 207.01(b)(2) |
RSA 541-A:31, III(b) |
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Diet 207.01(b)(3) |
RSA 541-A:31, III(c) |
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Diet 207.01(b)(4) |
RSA 541-A:31, III(d) |
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Diet 207.01(b)(5) |
RSA 541-A:31, III(e) |
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Diet 207.01(b)(6) |
RSA 541-A:16, I(b) |
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Diet 207.01(b)(7) |
RSA 541-A:31, III(f) |
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Diet 207.01(b)(8) |
RSA 541-A:30, III |
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Diet 207.02 |
RSA 541-A:16, I(a); RSA 541-A:30-a,
I; RSA 326-H:17; RSA 326-H:10, I(g) |
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Diet 207.03 |
RSA 541-A:30, III |
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Diet 207.04 |
RSA 541-A:30-a, III(b) |
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Diet 207.05 |
RSA 541-A:31, V(b)-(c) |
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Diet 207.06 |
RSA 541-A:31, VII; RSA
541-A:30, III |
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Diet 208.01 |
RSA 541-A:30-a, III(g) |
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Diet 208.02 |
RSA 541-A:30-a, III(g) |
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Diet 209.01 |
RSA 541-A:16, I(b); RSA
541-A:32 |
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Diet 209.02 |
RSA 541-A:16, I(b); RSA
541-A:32 |
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Diet 210.01 |
RSA 541-A:30-a, III(h) |
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Diet 210.02 |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 541-A:30-a, III(d); RSA 326-H:10, I(g) |
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Diet 211.01 |
RSA 541-A:30-a, III(c) |
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Diet 211.02 |
RSA 541-A:30-a, III(c) |
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Diet 211.03 |
RSA 541-A:30-a, III(c) |
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Diet 212.01 |
RSA 541-A:30-a, III(d); RSA
541-A:30-a, III(e) |
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Diet 212.02 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, I; RSA 326-H:10, I(g) |
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Diet 212.03(a)-(c) |
RSA 541-A:33 |
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Diet 212.03(d)-(e) |
RSA 541-A:16, I(a); RSA 541-A:30-a,
I; RSA 326-H:10, I(g) |
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Diet 212.04(a)-(b) |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 541-A:31, VI(e); RSA 326-H:10, I(g) |
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Diet 212.04(c) |
RSA 541-A:35 |
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Diet 212.05(a)-(d) |
RSA 541-A:34 |
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Diet 212.05(e) |
RSA 541-A:30-a, III(l) |
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Diet 212.06 |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 326-H:10, I(g) |
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Diet 212.07 |
RSA 541-A:30-a, III(i) |
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Diet 212.08 |
RSA 541-A:16, I(b); RSA
541-A:30-a, I; RSA 326-H:10, I(h); RSA 326-H:10, I(g) |
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Diet 213.01 |
RSA 541-A:4; RSA 541-A:16,
I(c) |
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Diet 213.02 |
RSA 541-A:4; RSA 541-A:16,
I(c) |
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Diet 214.01 |
RSA 541-A:11; RSA 541-A:16,
I(b)(3) |
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Diet 214.02 |
RSA 541-A:11; RSA 541-A:16,
I(b)(3) |
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Diet 214.03 |
RSA 541-A:11, I; RSA
541-A:16, I(b)(3) |
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Diet 214.04 |
RSA 541-A:11; RSA 541-A:16,
I(b)(3) |
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Diet 214.05 |
RSA 541-A:11; RSA 541-A:16,
I(b)(3) |
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Diet 215.01 |
RSA 541-A:16, I(d) |
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Diet 215.02 |
RSA 541-A:16, I(d) |
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Diet 215.03 |
RSA 541-A:16, I(d); RSA
541-A:29 |
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Diet 215.04 |
RSA 541-A:16, I - II |
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Diet 215.05 |
RSA 541-A:16, II(b) |
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Diet 216.01 |
RSA 541-A:16, I(b) |
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Diet 216.02 |
RSA 541-A:16.I(b); RSA 541-A:11,VII |
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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 |
|
||
Diet 404 |
RSA 326-H: 10, I (f); RSA 326-H: 15; RSA 541-A: 16,
I (b) |
|
||
Diet 405.01 renumbered as Diet 406.01 |
RSA 326-H: 10, I (a); RSA 326-H: 15; RSA 326-H: 12 |
|
||
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) |
|
||
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. |