§ 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.)