Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 30/ Dietetic and Nutrition Services Practice Act.

225 ILCS 30/ Dietetic and Nutrition Services Practice Act.

    (225 ILCS 30/1) (from Ch. 111, par. 8401‑1)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 1. Short title. This Act may be cited as the Dietetic and Nutrition Services Practice Act.
(Source: P.A. 87‑784.)

    (225 ILCS 30/5) (from Ch. 111, par. 8401‑5)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 5. Purpose. The practice of dietetics and nutrition services in the State of Illinois is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared that the practice of dietetics and nutrition services plays an important part in the attainment and maintenance of health and that it is in the public's best interest that persons who present themselves as providers of services in these areas meet specific requirements and qualifications. This Act shall be liberally construed to best carry out these objectives and purposes.
(Source: P.A. 87‑784.)

    (225 ILCS 30/10) (from Ch. 111, par. 8401‑10)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 10. Definitions. As used in this Act:
    "Board" means the Dietitian Nutritionist Practice Board appointed by the Director.
    "Department" means the Department of Professional Regulation.
    "Dietetics" means the integration and application of principles derived from the sciences of food and nutrition to provide for all aspects of nutrition care for individuals and groups, including, but not limited to nutrition services and medical nutrition therapy as defined in this Act.
    "Director" means the Director of the Department of Professional Regulation.
    "Licensed dietitian nutritionist" means a person licensed under this Act to practice dietetics and nutrition services, including medical nutrition therapy. Activities of a licensed dietitian nutritionist do not include the medical differential diagnosis of the health status of an individual.
    "Medical nutrition therapy" means the component of nutrition care that deals with:
        (a) interpreting and recommending nutrient needs
     relative to medically prescribed diets, including, but not limited to tube feedings, specialized intravenous solutions, and specialized oral feedings;
        (b) food and prescription drug interactions; and
        (c) developing and managing food service operations
     whose chief function is nutrition care and provision of medically prescribed diets.
    "Medically prescribed diet" means a diet prescribed when specific food or nutrient levels need to be monitored, altered, or both as a component of a treatment program for an individual whose health status is impaired or at risk due to disease, injury, or surgery and may only be performed as initiated by or in consultation with a physician licensed to practice medicine in all of its branches.
    "Nutrition assessment" means the evaluation of the nutrition needs of individuals or groups using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations.
    "Nutrition counseling" means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment.
    "Nutrition services for individuals and groups" shall include, but is not limited to, all of the following;
        (a) Providing nutrition assessments relative to
     preventive maintenance or restorative care.
        (b) Providing nutrition education and nutrition
     counseling as components of preventive maintenance or restorative care.
        (c) Developing and managing systems whose chief
     function is nutrition care. Nutrition services for individuals and groups does not include medical nutrition therapy as defined in this Act.
    "Practice experience" means a preprofessional, documented, supervised practice in dietetics or nutrition services that is acceptable to the Department in compliance with requirements for licensure, as specified in Sections 45 and 50. It may be or may include a documented, supervised practice experience which is a component of the educational requirements for licensure, as specified in Section 45 or 50.
    "Registered dietitian" means an individual registered with the Commission on Dietetic Registration, the accrediting body for the American Dietetic Association.
    "Restorative" means the component of nutrition care that deals with oral dietary needs for individuals and groups. Activities shall relate to the metabolism of food and the requirements for nutrients, including dietary supplements for growth, development, maintenance, or attainment of optimal health.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/15) (from Ch. 111, par. 8401‑15)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 15. License required.
    (a) No person may engage for remuneration in nutrition services practice or hold himself or herself out as a licensed dietitian nutritionist unless the person is licensed in accordance with this Act or meets one or more of the following criteria:
        (1) The person is licensed in this State under any
     other Act that authorizes the person to provide these services.
        (2) The person is licensed to practice nutrition
     under the law of another state, territory of the United States, or country and has applied in writing to the Department in form and substance satisfactory to the Department for a license as a dietitian nutritionist until (i) the expiration of 6 months after filing the written application, (ii) the withdrawal of the application, or (iii) the denial of the application by the Department.
    (b) No person shall practice dietetics, as defined in this Act, or hold himself or herself out as a licensed dietitian nutritionist unless that person is so licensed under this Act or meets one or more of the following criteria:
        (1) The person is licensed in this State under any
     other Act that authorizes the person to provide these services.
        (2) The person is a dietary technical support
     person, working in a hospital setting or a regulated Department of Public Health or Department on Aging facility or program, who has been trained and is supervised while engaged in the practice of dietetics by a licensed dietitian nutritionist in accordance with this Act and whose services are retained by that facility or program on a full time or regular, ongoing consultant basis.
        (3) The person is licensed to practice dietetics
     under the law of another state, territory of the United States, or country, or is a registered dietitian, who has applied in writing to the Department in form and substance satisfactory to the Department for a license as a dietitian nutritionist until (i) the expiration of 6 months after the filing the written application, (ii) the withdrawal of the application, or (iii) the denial of the application by the Department.
    (c) No person shall practice dietetics or nutrition services, as defined in this Act, or hold himself or herself out as a licensed dietitian nutritionist, a dietitian, a nutritionist, or a nutrition counselor unless the person is licensed in accordance with this Act.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/15.5)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 15.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice dietetics or nutrition services without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/20) (from Ch. 111, par. 8401‑20)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 20. Exemptions. This Act does not prohibit or restrict:
    (a) Any person licensed in this State under any other Act from engaging in the practice for which he or she is licensed.
    (b) The practice of dietetics or nutrition services by a person who is employed by the United States or State government or any of its bureaus, divisions, or agencies while in the discharge of the employee's official duties.
    (c) The practice of nutrition services by a person employed as a cooperative extension home economist, to the extent the activities are part of his or her employment.
    (d) The practice of nutrition services or dietetics by a person pursuing a course of study leading to a degree in dietetics, nutrition or an equivalent major, as authorized by the Department, from a regionally accredited school or program, if the activities and services constitute a part of a supervised course of study and if the person is designated by a title that clearly indicates the person's status as a student or trainee.
    (e) The practice of nutrition services or dietetics by a person fulfilling the supervised practice experience component of Sections 45 or 50, if the activities and services constitute a part of the experience necessary to meet the requirements of Section 45 or 50.
    (f) A person from providing oral nutrition information as an operator or employee of a health food store or business that sells health products, including dietary supplements, food, or food materials, or disseminating written nutrition information in connection with the marketing and distribution of those products.
    (g) The practice of nutrition services by an educator who is in the employ of a nonprofit organization, as authorized by the Department, a federal state, county, or municipal agency, or other political subdivision; an elementary or secondary school; or a regionally accredited institution of higher education, as long as the activities and services of the educator are part of his or her employment.
    (h) The practice of nutrition services by any person who provides weight control services, provided the nutrition program has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by an individual licensed under this Act, an individual licensed to practice dietetics or nutrition services in another state that has licensure requirements considered by the Department to be at least as stringent as the requirements for licensure under this Act, or a registered dietitian.
    (i) The practice of nutrition services or dietetics by any person with a masters or doctorate degree with a major in nutrition or equivalent from a regionally accredited school recognized by the Department for the purpose of education and research.
    (j) Any person certified in this State and who is employed by a facility or program regulated by the State of Illinois from engaging in the practice for which he or she is certified and authorized by the Department.
    (k) The practice of nutrition services by a graduate of a 2 year associate program or a 4 year baccalaureate program from a school or program accredited at the time of graduation by the appropriate accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education with a major in human nutrition, food and nutrition or its equivalent, as authorized by the Department, who is directly supervised by an individual licensed under this Act.
    (l) Providing nutrition information as an employee of a nursing facility operated exclusively by and for those relying upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a recognized church or religious denomination.
    The provisions of this Act shall not be construed to prohibit or limit any person from the free dissemination of information, from conducting a class or seminar, or from giving a speech related to nutrition if that person does not hold himself or herself out as a licensed nutrition counselor or licensed dietitian in a manner prohibited by Section 15.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/25) (from Ch. 111, par. 8401‑25)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 25. Powers. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing acts and shall exercise other powers and duties invested in the Department by this Act.
    The Department may promulgate rules consistent with the provisions of this Act for its administration and enforcement, and may prescribe forms which shall be issued in connection with this Act.
(Source: P.A. 87‑784; 87‑1000.)

    (225 ILCS 30/30) (from Ch. 111, par. 8401‑30)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 30. Practice Board. The Director shall appoint a Dietitian Nutritionist Practice Board as follows: 7 individuals who shall be appointed by and shall serve in an advisory capacity to the Director. Of these 7 individuals, 4 members must be licensed under this Act; one member must be a physician licensed to practice medicine in all of its branches; one member must be a licensed professional nurse; and one member must be a public member not licensed under this Act.
    Members shall serve 3 year terms and until their successors are appointed and qualified, except the terms of the initial appointments. No member shall be reappointed to the Board for a term that would cause his or her continuous service on the Board to be longer than 8 years. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. Initial terms shall begin upon the effective date of this Act and Board members in office on that date shall be appointed to specific terms as indicated in this Section.
    The membership of the Board shall reasonably represent all the geographic areas in this State. Any time there is a vacancy on the Board, any professional association composed of persons licensed under this Act may recommend licensees to fill the vacancy to the Board for the appointment of licensees, the organization representing the largest number of licensed physicians for the appointment of physicians to the Board, and the organization representing the largest number of licensed professional nurses for the appointment of a nurse to the Board.
    Members of the Board shall have no liability in any action based upon any disciplinary proceeding or other activity performed in good faith as members of the Board.
    The Director shall have the authority to remove any member of the Board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
    The Director shall consider the recommendation of the Board on questions of standards of professional conduct, discipline, and qualifications of candidates or licensees under this Act.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/35) (from Ch. 111, par. 8401‑35)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 35. Applications. Applications for original licensure shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the appropriate documentation and the required fee, which shall not be returnable. Every application shall require the information that in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.
(Source: P.A. 87‑784.)

    (225 ILCS 30/37)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 37. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 30/40) (from Ch. 111, par. 8401‑40)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 40. Examinations. The Department shall authorize examinations of applicants for a license under this Act at the times and places that it may determine. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice dietetics and nutrition services. The Department or its designated testing service shall provide initial screening to determine eligibility of applicants for examination.
    Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant neglects, fails, or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing an application, the application shall be denied. However, the applicant may thereafter make a new application accompanied by the required fee and shall meet the requirements for licensure in force at the time of making the new application.
    The Department may employ consultants for the purpose of preparing and conducting examinations.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/45) (from Ch. 111, par. 8401‑45)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 45. Dietitian nutritionist; qualifications. A person shall be qualified for licensure as a dietitian nutritionist if that person meets all of the following requirements:
    (a) Has applied in writing in form and substance acceptable to the Department and possesses a baccalaureate degree or post baccalaureate degree in human nutrition, foods and nutrition, dietetics, food systems management, nutrition education, or an equivalent major course of study as recommended by the Board and approved by the Department from a school or program accredited at the time of graduation from the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education.
    (b) Has successfully completed the examination authorized by the Department which may be or may include an examination given by the Commission on Dietetic Registration.
    The Department shall establish by rule a waiver of the examination requirement to applicants who, at the time of application, are acknowledged to be registered dietitians by the Commission on Dietetic Registration and who are in compliance with other qualifications as included in the Act.
    (c) Has completed a dietetic internship or documented, supervised practice experience in dietetics and nutrition services of not less than 900 hours under the supervision of a registered dietitian or a licensed dietitian nutritionist, a State licensed healthcare practitioner, or an individual with a doctoral degree conferred by a U.S. regionally accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics or food systems management. Supervised practice experience must be completed in the United States or its territories. Supervisors who obtained their doctoral degree outside the United States and its territories must have their degrees validated as equivalent to the doctoral degree conferred by a U.S. regionally accredited college or university.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/50) (from Ch. 111, par. 8401‑50)
    Sec. 50. (Repealed).
(Source: P.A. 87‑1000. Repealed by P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/56)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 56. Transition. Beginning November 1, 2003, the Department shall cease to issue a license as a dietitian or a nutrition counselor. Any person holding a valid license as a dietitian or nutrition counselor prior to November 1, 2003 and having met the conditions for renewal of a license under Section 65 of this Act, shall be issued a license as a dietitian nutritionist under this Act and shall be subject to continued regulation by the Department under this Act. The Department may adopt rules to implement this Section.
(Source: P.A. 92‑642, eff. 7‑11‑02.)

    (225 ILCS 30/60) (from Ch. 111, par. 8401‑60)
    Sec. 60. (Repealed).
(Source: P.A. 87‑1000. Repealed by P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/65) (from Ch. 111, par. 8401‑65)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 65. Expiration and renewal dates. The expiration date and renewal period for each license issued under this Act shall be set by rule.
    As a condition for renewal of a license that expires on October 31, 2003, a licensed nutrition counselor shall be required to complete and submit to the Department proof of 30 hours of continuing education in dietetics or nutrition services during the 24 months preceding the expiration date of the license in accordance with rules established by the Department. A minimum of 24 hours of the required 30 hours of continuing education shall be in medical nutrition therapy, which shall include diet therapy, medical dietetics, clinical nutrition, or the equivalent, as provided by continuing education sponsors approved by the Department. The Department may adopt rules to implement this Section.
    As a condition for renewal of a license, the licensee shall be required to complete 30 hours of continuing education in dietetics or nutrition services during the 24 months preceding the expiration date of the license in accordance with rules established by the Department. The continuing education shall be in courses approved by the Commission on Dietetic Registration or in courses taken from a sponsor approved by the Department. A sponsor shall be required to file an application, meet the requirements set forth in the rules of the Department, and pay the appropriate fee. The requirements for continuing education may be waived, in whole or in part, in cases of extreme hardship as defined by rule of the Department. The Department shall provide an orderly process for the reinstatement of licenses that have not been renewed due to the failure to meet the continuing education requirements of this Section.
    Any person who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by submitting an application to the Department, meeting continuing education requirements, and filing proof acceptable with the Department of fitness to have the license restored, which may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required restoration fee.
    If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his or her fitness to resume active status and may require the person to complete a period of evaluated professional experience and may require successful completion of a practical examination.
    Any person, however, whose license expired while (i) in Federal Service on active duty with the Armed Forces of the United States, or called into service or training with the State Militia, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service may have his or her license restored without paying any lapsed renewal fees if within 2 years after honorable termination of the service, training, or education he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that the service, training or education has been terminated.
(Source: P.A. 92‑642, eff. 7‑11‑02.)

    (225 ILCS 30/70) (from Ch. 111, par. 8401‑70)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 70. Inactive status; restoration. Any person who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of the desires to resume active status.
    Any person requesting restoration from inactive status shall be required to pay the current renewal fee, shall meet continuing education requirements, and shall be required to restore his or her license as provided in Section 65 of this Act.
    A person licensed under this Act whose license is on inactive status or in a non‑renewed status shall not engage in the practice of dietetics or nutrition services in the State of Illinois or use the title or advertise that he or she performs the services of a licensed dietitian nutritionist.
    Any person violating this Section shall be considered to be practicing without a license and will be subject to the disciplinary provisions of this Act.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/75) (from Ch. 111, par. 8401‑75)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 75. Endorsement. The Department may license as a dietitian nutritionist, without examination, on payment of required fee, an applicant who is a dietitian, dietitian nutritionist, nutritionist, or nutrition counselor licensed under the laws of another state, territory, or country, if the requirements for licensure in the state, territory, or country in which the applicant was licensed were, at the date of his or her licensure, substantially equal to the requirements of this Act.
(Source: P.A. 92‑642, eff. 10‑31‑03.)

    (225 ILCS 30/80) (from Ch. 111, par. 8401‑80)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 80. Use of title; advertising. Only a person who is issued a license as a dietitian nutritionist under this Act may use the words "dietitian nutritionist", "dietitian", "nutritionist", or "nutrition counselor" or the letters "L.D.N." in connection with his or her name.
    A person who meets the additional criteria for registration by the Commission on Dietetic Registration for the American Dietetic Association may assume or use the title or designation "Registered Dietitian" or "Registered Dietician" or use the letters "R.D." or any words, letters, abbreviations, or insignia indicating that the person is a registered dietitian.
    Any person who meets the additional criteria for certification by the Clinical