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House Bill 1387

Florida House of Representatives - 1997 HB 1387 By Representatives Flanagan, Fasano and Wise 1 A bill to be entitled 2 An act relating to dietetics and nutrition 3 practice; amending s. 468.505, F.S.; 4 eliminating an exemption from licensure under 5 the Dietetics and Nutrition Practice Act 6 applicable to persons employed by hospitals, 7 nursing homes, assisted living facilities, or 8 continuing care facilities licensed or 9 certified by the state; providing for continued 10 exemption under certain circumstances; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (1) of section 468.505, Florida 16 Statutes, 1996 Supplement, is amended to read: 17 468.505 Exemptions; exceptions.-- 18 (1) Nothing in this part may be construed as 19 prohibiting or restricting the practice, services, or 20 activities of: 21 (a) A person licensed in this state under chapter 457, 22 chapter 458, chapter 459, chapter 460, chapter 461, chapter 23 462, chapter 463, chapter 464, chapter 465, chapter 466, 24 chapter 480, chapter 490, or chapter 491, when engaging in the 25 profession or occupation for which he or she is licensed, or 26 of any person employed by and under the supervision of the 27 licensee when rendering services within the scope of the 28 profession or occupation of the licensee; 29 (b) A person employed as a dietitian by the government 30 of the United States, if the person engages in dietetics 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1387 570-132-97 1 solely under direction or control of the organization by which 2 the person is employed; 3 (c) A person employed as a cooperative extension home 4 economist; 5 (d) A person pursuing a course of study leading to a 6 degree in dietetics and nutrition from a program or school 7 accredited pursuant to s. 468.509(2), if the activities and 8 services constitute a part of a supervised course of study and 9 if the person is designated by a title that clearly indicates 10 the person's status as a student or trainee; 11 (e) A person fulfilling the supervised experience 12 component of s. 468.509, if the activities and services 13 constitute a part of the experience necessary to meet the 14 requirements of s. 468.509; 15 (f) Any dietitian or nutritionist from another state 16 practicing dietetics or nutrition incidental to a course of 17 study when taking or giving a postgraduate course or other 18 course of study in this state, provided such dietitian or 19 nutritionist is licensed in another jurisdiction or is a 20 registered dietitian or holds an appointment on the faculty of 21 a school accredited pursuant to s. 468.509(2); 22 (g) A person who markets or distributes food, food 23 materials, or dietary supplements, or any person who engages 24 in the explanation of the use and benefits of those products 25 or the preparation of those products, if that person does not 26 engage for a fee in dietetics and nutrition practice or 27 nutrition counseling; 28 (h) A person who markets or distributes food, food 29 materials, or dietary supplements, or any person who engages 30 in the explanation of the use of those products or the 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1387 570-132-97 1 preparation of those products, as an employee of an 2 establishment permitted pursuant to chapter 465; 3 (i) An educator who is in the employ of a nonprofit 4 organization approved by the council; a federal, state, 5 county, or municipal agency, or other political subdivision; 6 an elementary or secondary school; or an accredited 7 institution of higher education the definition of which, as 8 provided in s. 468.509(2), applies to other sections of this 9 part, insofar as the activities and services of the educator 10 are part of such employment; 11 (j) Any person who provides weight control services or 12 related weight control products, provided the program has been 13 reviewed by, consultation is available from, and no program 14 change can be initiated without prior approval by a licensed 15 dietitian/nutritionist, a dietitian or nutritionist licensed 16 in another state that has licensure requirements considered by 17 the council to be at least as stringent as the requirements 18 for licensure under this part, or a registered dietitian; 19 (k) A person employed by a hospital licensed under 20 chapter 395, or by a nursing home or assisted living facility 21 licensed under part II or part III of chapter 400, or by a 22 continuing care facility certified under chapter 651, if the 23 person is employed in compliance with the laws and rules 24 adopted thereunder regarding the operation of its dietetic 25 department; 26 (k)(l) A person employed by a nursing facility exempt 27 from licensing under s. 395.002(12), or a person exempt from 28 licensing under s. 464.022; or 29 (l)(m) A person employed as a dietetic technician. 30 Section 2. On the effective date of the amendment to 31 section 468.505, Florida Statutes, by this act, a person 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1387 570-132-97 1 employed by a hospital licensed under chapter 395, Florida 2 Statutes, by a nursing home or assisted living facility 3 licensed under part II or part III of chapter 400, Florida 4 Statutes, or by a continuing care facility certified under 5 chapter 651, Florida Statutes, who is employed in compliance 6 with the laws and rules adopted thereunder regarding the 7 operation of its dietetic department and who was exempt from 8 licensure under part X of chapter 468, Florida Statutes, 9 pursuant to former section 468.505(1)(k), Florida Statutes, 10 1996 Supplement, may continue to be exempt from licensure 11 under part X of chapter 468, Florida Statutes, until 12 termination of that employment. 13 Section 3. This act shall take effect October 1, 1997. 14 15 ***************************************** 16 HOUSE SUMMARY 17 Eliminates an exemption from licensure under the 18 Dietetics and Nutrition Practice Act applicable to persons employed by hospitals, nursing homes, assisted 19 living facilities, or continuing care facilities licensed or certified by the State of Florida. Provides that 20 persons so employed and exempt at the time of the exemption's elimination may continue to be exempt until 21 termination of such employment. 22 23 24 25 26 27 28 29 30 31 4