The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 073: Dietitians

• § 3381. Definitions

  As used in this chapter:

  (1) “Academy of Nutrition and Dietetics” means the national professional organization of dietitians that provides direction and leadership for quality dietetic practice, education, and research.

  (2) “Certified dietitian” means a person who is certified to practice dietetics under this chapter.

  (3) “Commission on Dietetic Registration” means the Commission on Dietetic Registration that is a member of the National Commission for Certifying Agencies.

  (4) “Dietetics” means advising and assisting individuals or groups on appropriate dietary intake by integrating information from the individual or group assessment with information of food and other sources of nutrients and meal preparation.

  (5) “Director” means the Director of the Office of Professional Regulation.

  (6) “Disciplinary action” means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a certified dietitian or an applicant. It includes all sanctions of any kind, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings, and other similar sanctions. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49; 2011, No. 116 (Adj. Sess.), § 55.)

• § 3382. Prohibition; penalty

  (a) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a certified dietitian unless the person is certified in accordance with this chapter.

  (b) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 103, § 1; amended 2007, No. 29, § 52.)

• § 3383. Director; duties

  (a) The Director shall have the following duties:

  (1) To provide general information to applicants for certification as dietitians.

  (2) To explain appeal procedures to certified dietitians and applicants and complaint procedures to the public.

  (3) To administer fees established by law.

  (4) To receive applications for certification, issue certification to applicants qualified under this chapter, deny or renew certifications, and issue, revoke, suspend, condition, and reinstate certifications as ordered by an administrative law officer.

  (5) To prepare and maintain a registry of certified dietitians.

  (b) The Director, after consultation with the advisor appointees, may adopt rules necessary to perform the Director’s duties under this section. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49(a).)

• § 3384. Advisor appointees

  (a) The Secretary of State shall appoint two certified dietitians to serve as advisors in matters relating to dietitians. The advisors shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term. Appointees shall not have less than three years’ experience as a dietitian immediately preceding appointment and shall be actively engaged in the practice of dietetics in Vermont during incumbency.

  (b) The Director shall seek the advice of the dietitian advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49(a); 2007, No. 29, § 53; 2009, No. 103 (Adj. Sess.), § 50.)

• § 3385. Eligibility

  To be eligible for certification as a dietitian, an applicant:

  (1) shall not be in violation of any of the provisions of this chapter or rule adopted in accordance with the provisions of the chapter; and

  (2)(A) shall have proof of registration as a registered dietitian by the Commission on Dietetic Registration; or

  (B) shall have:

  (i) received a bachelor of arts or science or a higher degree in dietetics from an accredited college or university; and

  (ii) satisfactorily completed a minimum of 900 practicum hours of supervision under an Academy of Nutrition and Dietetics dietitian registered by the Commission on Dietetic Registration; and

  (iii) passed an examination to the satisfaction of the Director. (Added 1993, No. 103, § 1; amended 2011, No. 116 (Adj. Sess.), § 56.)

• § 3386. Examination

  (a) The Director shall examine applicants for certification as dietitians at such times and places as the Director may determine. Each applicant shall be assigned a number so that the applicant’s name is not disclosed to the Director until after the examination has been graded.

  (b) Examinations and examination procedures shall be fair and reasonable and shall be designed to ensure that all applicants are granted certification if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of certified persons.

  (c) The Director shall administer a written examination on dietetics. Before selecting the examination, the Director shall consult the advisors appointed under section 3384 of this title.

  (d) Applicants who are dietitians registered by the Commission on Dietetic Registration shall not be required to take the examination provided for under this section. (Added 1993, No. 103, § 1.)

• § 3387. Application

  A person who desires to be certified as a dietitian shall apply to the Director in writing, on a form furnished by the Director, accompanied by payment of the required fee and evidence that the applicant meets the requirements set forth in section 3385 of this chapter. (Added 1993, No. 103, § 1; 2019, No. 178 (Adj. Sess.), § 19, eff. Oct. 1, 2020.)

• § 3387a. Expired. 2001, No. 129 (Adj. Sess.), § 42a, eff. July 1, 2005.

• § 3388. Repealed. 1997, No. 59, § 65(7), eff. June 30, 1997.

• § 3389. Renewals; continuing education

  (a) Certificates shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 30 hours of continuing education, approved by the Director, during the preceding two-year period. The Director, with the advice of the advisors appointed under section 3384 of this title, shall establish by rule guidelines and criteria for continuing education credit.

  (b) Biennially, the Director shall forward a renewal form to each certificate holder. Upon receipt of the completed form and the renewal fee, the Director shall issue a new certificate.

  (c) Any application for reinstatement of a certificate that has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall not be required to pay renewal fees for years during which the certificate was lapsed.

  (d) The Director may, after notice and opportunity for hearing, revoke a person’s right to reinstate certification if the certification has lapsed for five or more years. (Added 1993, No. 103, § 1.)

• § 3390. Unprofessional conduct

  (a) Unprofessional conduct means misusing a title in professional activity and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a certified dietitian or an applicant.

  (b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a certified dietitian or applicant. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 57.)