[Rev. 11/21/2013 12:52:20 PM--2013]

CHAPTER 640E - DIETETICS

GENERAL PROVISIONS

NRS 640E.010        Legislative declaration.

NRS 640E.020        Definitions.

NRS 640E.030        “Board” defined.

NRS 640E.040        “Licensed dietitian” defined.

NRS 640E.050        “Medical nutrition therapy” defined.

NRS 640E.060        “Nutrition services” defined.

NRS 640E.070        “Practice of dietetics” defined.

NRS 640E.080        “Registered dietitian” defined.

NRS 640E.090        Applicability of chapter.

ADMINISTRATION

NRS 640E.100        Maintenance of records by Board.

NRS 640E.110        Regulations; additional duties of Board.

NRS 640E.120        Acceptance of gifts and grants by Board; contracts.

NRS 640E.130        Board authorized to establish Dietitian Advisory Group.

LICENSES; PRACTICE

NRS 640E.140        Purpose; revocable privilege.

NRS 640E.150        Application; fee; submission of fingerprints.

NRS 640E.160        Submission of evidence of equivalent degree by certain applicants.

NRS 640E.170        Practice of dietetics without license while under supervision of licensed dietitian; limitation.

NRS 640E.180        Provisional license: Qualifications; expiration; limitations.

NRS 640E.190        Temporary license: Qualifications; limitations; expiration.

NRS 640E.200        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 640E.200        Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 640E.210        Waiver of certain requirements for licensure by Board.

NRS 640E.220        Expiration and renewal of license.

NRS 640E.230        Issuance of license to qualified applicants.

NRS 640E.240        Fees: Board to adopt regulations establishing fees.

NRS 640E.250        Reinstatement of license.

NRS 640E.260        Duties of licensed dietitian; authorized services; prohibition from providing person with medical diagnosis.

DISCIPLINARY ACTION

NRS 640E.270        Grounds for denial, refusal to renew, revocation or suspension of license or other disciplinary action; collection of costs.

NRS 640E.280        Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 640E.290        Administrative complaint; notice; investigation; hearing.

NRS 640E.300        Delegation of authority to conduct hearings by Board.

NRS 640E.310        Subpoenas; oaths.

NRS 640E.320        Enforcement of subpoenas by district court.

NRS 640E.330        Time for rendering decision; notice of decision required; effective date of decision.

NRS 640E.340        Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; communication and cooperation with other agencies.

NRS 640E.350        Injunctive relief.

NRS 640E.360        Prohibited acts.

NRS 640E.370        Penalties.

_________

GENERAL PROVISIONS

      NRS 640E.010  Legislative declaration.  The Legislature hereby declares that the practice of dietetics is a learned profession affecting the safety, health and welfare of the public and is subject to regulation to protect the public from the practice of dietetics by unqualified and unlicensed persons and from unprofessional conduct by persons licensed to practice dietetics.

      (Added to NRS by 2011, 1498)

      NRS 640E.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 640E.030 to 640E.080, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 1498)

      NRS 640E.030  “Board” defined.  “Board” means the State Board of Health.

      (Added to NRS by 2011, 1498)

      NRS 640E.040  “Licensed dietitian” defined.  “Licensed dietitian” means a person licensed pursuant to this chapter to engage in the practice of dietetics or to provide nutrition services, including, without limitation, medical nutrition therapy.

      (Added to NRS by 2011, 1498)

      NRS 640E.050  “Medical nutrition therapy” defined.  “Medical nutrition therapy” means the use of nutrition services by a licensed dietitian to manage, treat or rehabilitate a disease, illness, injury or medical condition of a patient.

      (Added to NRS by 2011, 1498)

      NRS 640E.060  “Nutrition services” defined.  “Nutrition services” means the performance of acts designated by the Board which are within the practice of dietetics.

      (Added to NRS by 2011, 1498)

      NRS 640E.070  “Practice of dietetics” defined.

      1.  “Practice of dietetics” means the performance of any act in the nutrition care process, including, without limitation, assessment, evaluation, diagnosis, counseling, intervention, monitoring and treatment, of a person which requires substantial specialized judgment and skill based on the knowledge, application and integration of the principles derived from the sciences of food, nutrition, management, communication, biology, behavior, physiology and social science to achieve and maintain proper nourishment and care of the health of the person.

      2.  The term does not include acts of medical diagnosis.

      (Added to NRS by 2011, 1498)

      NRS 640E.080  “Registered dietitian” defined.  “Registered dietitian” means a person who is registered as a dietitian by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics.

      (Added to NRS by 2011, 1498)

      NRS 640E.090  Applicability of chapter.

      1.  The provisions of this chapter do not apply to:

      (a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, marriage and family therapist, chiropractor, athletic trainer, massage therapist, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:

             (1) Practices within the scope of that license or registration;

             (2) Does not represent that he or she is a licensed dietitian or registered dietitian; and

             (3) Provides nutrition information incidental to the practice for which he or she is licensed or registered.

      (b) A student enrolled in an educational program accredited by the Commission on Accreditation for Dietetics Education of the Academy of Nutrition and Dietetics, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.

      (c) A registered dietitian employed by the Armed Forces of the United States, the United States Department of Veterans Affairs or any division or department of the Federal Government in the discharge of his or her official duties, including, without limitation, the practice of dietetics or providing nutrition services.

      (d) A person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutrition information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian. While performing acts described in this paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.

      (e) A person who provides services relating to weight loss or weight control through a program reviewed by and in consultation with a licensed dietitian or physician or a dietitian licensed or registered in another state which has equivalent licensure requirements as this State, as long as the person does not change the services or program without the approval of the person with whom he or she is consulting.

      2.  As used in this section, “nutrition information” means information relating to the principles of nutrition and the effect of nutrition on the human body, including, without limitation:

      (a) Food preparation;

      (b) Food included in a normal daily diet;

      (c) Essential nutrients required by the human body and recommended amounts of essential nutrients, based on nationally established standards;

      (d) The effect of nutrients on the human body and the effect of deficiencies in or excess amounts of nutrients in the human body; and

      (e) Specific foods or supplements that are sources of essential nutrients.

      (Added to NRS by 2011, 1498)

ADMINISTRATION

      NRS 640E.100  Maintenance of records by Board.

      1.  The Board shall make and keep a complete record of all its proceedings pursuant to this chapter, including, without limitation:

      (a) A file of all applications for licenses pursuant to this chapter, together with the action of the Board upon each application;

      (b) A register of all licensed dietitians in this State; and

      (c) Documentation of any disciplinary action taken by the Board against a licensee.

      2.  The Board shall maintain in its main office a public docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with the Board and all investigations instituted by it, upon or in connection with which any hearing has been held or in which the licensee charged has made no defense.

      (Added to NRS by 2011, 1500)

      NRS 640E.110  Regulations; additional duties of Board.

      1.  The Board may:

      (a) Adopt regulations establishing reasonable standards:

             (1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to engage in the practice of dietetics.

             (2) Of professional conduct for the practice of dietetics.

      (b) Investigate and determine the eligibility of an applicant for a license pursuant to this chapter.

      (c) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

      2.  The Board shall adopt regulations establishing reasonable:

      (a) Qualifications for the issuance of a license pursuant to this chapter.

      (b) Standards for the continuing professional competence of licensees. The Board may evaluate licensees periodically for compliance with those standards.

      3.  The Board shall adopt regulations establishing a schedule of reasonable fees and charges for:

      (a) Investigating licensees and applicants for a license pursuant to this chapter;

      (b) Evaluating the professional competence of licensees;

      (c) Conducting hearings pursuant to this chapter;

      (d) Duplicating and verifying records of the Board; and

      (e) Surveying, evaluating and approving schools and courses of dietetics,

Ê and may collect the fees established pursuant to this subsection.

      4.  The Board may adopt such other regulations as it determines necessary to carry out the provisions of this chapter relating to the practice of dietetics.

      (Added to NRS by 2011, 1500)

      NRS 640E.120  Acceptance of gifts and grants by Board; contracts.  The Board may:

      1.  Accept gifts or grants of money to pay for the costs of administering the provisions of this chapter.

      2.  Enter into contracts with other public agencies and accept payment from those agencies to pay the expenses incurred by the Board in carrying out the provisions of this chapter relating to the practice of dietetics.

      (Added to NRS by 2011, 1500)

      NRS 640E.130  Board authorized to establish Dietitian Advisory Group.

      1.  The Board may establish a Dietitian Advisory Group consisting of persons familiar with the practice of dietetics to provide the Board with expertise and assistance in carrying out its duties pursuant to this chapter. If a Dietitian Advisory Group is established, the Board shall:

      (a) Determine the number of members;

      (b) Appoint the members;

      (c) Establish the terms of the members; and

      (d) Determine the duties of the Dietitian Advisory Group.

      2.  Members of a Dietitian Advisory Group established pursuant to subsection 1 serve without compensation.

      (Added to NRS by 2011, 1501)

LICENSES; PRACTICE

      NRS 640E.140  Purpose; revocable privilege.

      1.  The purpose of licensing dietitians is to protect the public health, safety and welfare of the people of this State.

      2.  Any license issued pursuant to this chapter is a revocable privilege.

      (Added to NRS by 2011, 1499)

      NRS 640E.150  Application; fee; submission of fingerprints.

      1.  An applicant for a license to engage in the practice of dietetics in this State must submit to the Board a completed application on a form prescribed by the Board. The application must include, without limitation, written evidence that the applicant:

      (a) Is 21 years of age or older.

      (b) Is of good moral character.

      (c) Has completed a course of study and holds a bachelor’s degree or higher in human nutrition, nutrition education, food and nutrition, dietetics, food systems management or an equivalent course of study approved by the Board from a college or university that:

             (1) Was accredited, at the time the degree was received, by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education; or

             (2) Is located in a foreign country if the application includes the documentation required by NRS 640E.160.

      (d) Has completed not less than 1,200 hours of training and experience within the United States in the practice of dietetics under the direct supervision of a licensed dietitian, registered dietitian or a person who holds a doctorate degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a college or university that is:

             (1) Accredited by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education; or

             (2) Located in a foreign country if the application includes the documentation required by NRS 640E.160.

      (e) Has successfully completed the Registration Examination for Dietitians administered by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics.

      (f) Meets such other reasonable requirements as prescribed by the Board.

      2.  Each applicant must remit the applicable fee required pursuant to this chapter with the application for a license to engage in the practice of dietetics in this State.

      3.  Each applicant shall submit to the Central Repository for Nevada Records of Criminal History two complete sets of fingerprints for submission to the Federal Bureau of Investigation for its report. The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188 and immediately inform the Board of whether the applicant has been convicted of such a crime.

      (Added to NRS by 2011, 1501)

      NRS 640E.160  Submission of evidence of equivalent degree by certain applicants.

      1.  If an applicant for a license to engage in the practice of dietetics is a graduate of a college or university located in a foreign country, the applicant must include with his or her application a written statement or other proof from the Council for Higher Education Accreditation or its successor organization that the degree is equivalent to a degree issued by a college or university accredited by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education.

      2.  If an applicant for a license to engage in the practice of dietetics completed his or her hours of training and experience under the supervision of a person who holds a doctorate degree conferred by a college or university located in a foreign country, the applicant must include with his or her application a written statement or other proof from the Council for Higher Education Accreditation or its successor organization that the degree held by the person who supervised the training and experience is equivalent to a degree issued by a college or university accredited by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education.

      (Added to NRS by 2011, 1502)

      NRS 640E.170  Practice of dietetics without license while under supervision of licensed dietitian; limitation.

      1.  A person who has the education and experience required by NRS 640E.150 but who has not passed the examination required for licensure may engage in the practice of dietetics under the direct supervision of a licensed dietitian who is professionally and legally responsible for the applicant’s performance.

      2.  A person shall not engage in the practice of dietetics pursuant to subsection 1 for a period of more than 1 year.

      (Added to NRS by 2011, 1502)

      NRS 640E.180  Provisional license: Qualifications; expiration; limitations.

      1.  Upon application and payment of the applicable fee required pursuant to this chapter, the Board may grant a provisional license to engage in the practice of dietetics in this State to an applicant who provides evidence to the Board that the applicant has completed a course of study and holds a bachelor’s degree or higher in human nutrition, nutrition education, food and nutrition, dietetics, food systems management or an equivalent course of study approved by the Board from a college or university that:

      (a) Was accredited, at the time the degree was received, by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education; or

      (b) Is located in a foreign country if the application includes the documentation required by NRS 640E.160.

      2.  A provisional license is valid for 1 year after the date of issuance. A provisional license may be renewed for not more than 6 months if the applicant submits evidence satisfactory to the Board for the failure of the applicant to obtain a license to engage in the practice of dietetics during the time the applicant held the provisional license.

      3.  A person who holds a provisional license may engage in the practice of dietetics only under the supervision of a licensed dietitian.

      (Added to NRS by 2011, 1502)

      NRS 640E.190  Temporary license: Qualifications; limitations; expiration.

      1.  Upon application and payment of the applicable fee required pursuant to this chapter, the Board may grant a temporary license to engage in the practice of dietetics in this State to a person who holds a corresponding license in another jurisdiction if:

      (a) The corresponding license is in good standing; and

      (b) The requirements for licensure in the other jurisdiction are substantially equal to the requirements for licensure in this State.

      2.  A temporary license may be issued for the limited purpose of authorizing the licensee to treat patients in this State.

      3.  A temporary license is valid for the 10-day period designated on the license.

      (Added to NRS by 2011, 1503)

      NRS 640E.200  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to engage in the practice of dietetics in this State shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to engage in the practice of dietetics in this State shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license to engage in the practice of dietetics may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2011, 1503; A 2013, 3806)

      NRS 640E.200  Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to engage in the practice of dietetics in this State shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license to engage in the practice of dietetics may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2011, 1503; A 2011, 1521; 2013, 3806, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 640E.210  Waiver of certain requirements for licensure by Board.

      1.  Except as otherwise provided in subsection 2, the Board may waive any requirement of NRS 640E.150 or 640E.180 for an applicant who proves to the satisfaction of the Board that his or her education and experience are substantially equivalent to the education and experience required by the respective section.

      2.  The Board may waive the requirement of an examination that is set forth in NRS 640E.150 in accordance with regulations adopted by the Board that prescribe the circumstances under which the Board may waive the requirement of the examination.

      (Added to NRS by 2011, 1505)

      NRS 640E.220  Expiration and renewal of license.

      1.  A license to engage in the practice of dietetics expires 2 years after the date of issuance.

      2.  The Board may renew a license if the applicant:

      (a) Submits a completed written application and the appropriate fee required pursuant to this chapter;

      (b) Submits documentation of completion of such continuing training and education as required by regulations adopted by the Board;

      (c) Has not committed any act which is grounds for disciplinary action, unless the Board determines that sufficient restitution has been made or the act was not substantially related to the practice of dietetics;

      (d) Submits information that the credentials of the applicant are in good standing; and

      (e) Submits all other information required to complete the renewal.

      3.  The Board shall require a licensed dietitian who fails to submit an application for the renewal of his or her license within 2 years after the date of the expiration of the license to take the examination required by NRS 640E.150 before renewing the license.

      (Added to NRS by 2011, 1505)

      NRS 640E.230  Issuance of license to qualified applicants.  The Board shall act upon an application for a license submitted pursuant to this chapter without unnecessary delay. If an applicant is found qualified, the applicant must be issued a license to engage in the practice of dietetics.

      (Added to NRS by 2011, 1505)

      NRS 640E.240  Fees: Board to adopt regulations establishing fees.

      1.  The Board shall adopt regulations establishing reasonable fees for:

      (a) The examination of an applicant for a license;

      (b) The issuance of a license;

      (c) The issuance of a provisional license;

      (d) The issuance of a temporary license;

      (e) The renewal of a license;

      (f) The late renewal of a license;

      (g) The reinstatement of a license which has been suspended or revoked; and

      (h) The issuance of a duplicate license or for changing the name on a license.

      2.  The fees established pursuant to subsection 1 must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter, except that no such fee may exceed $250.

      (Added to NRS by 2011, 1505)

      NRS 640E.250  Reinstatement of license.

      1.  Any licensee whose license is revoked by the Board may apply for reinstatement of the license pursuant to regulations adopted by the Board.

      2.  The Board may reinstate the license upon compliance by the licensee with all requirements for reinstatement established by regulations adopted by the Board and payment of the applicable fee required pursuant to this chapter.

      (Added to NRS by 2011, 1509)

      NRS 640E.260  Duties of licensed dietitian; authorized services; prohibition from providing person with medical diagnosis.

      1.  A licensed dietitian shall provide nutrition services to assist a person in achieving and maintaining proper nourishment and care of his or her body, including, without limitation:

      (a) Assessing the nutritional needs of a person and determining resources for and constraints in meeting those needs by obtaining, verifying and interpreting data;

      (b) Determining the metabolism of a person and identifying the food, nutrients and supplements necessary for growth, development, maintenance or attainment of proper nourishment of the person;

      (c) Considering the cultural background and socioeconomic needs of a person in achieving or maintaining proper nourishment;

      (d) Identifying and labeling nutritional problems of a person;

      (e) Recommending the appropriate method of obtaining proper nourishment, including, without limitation, orally, intravenously or through a feeding tube;

      (f) Providing counseling, advice and assistance concerning health and disease with respect to the nutritional intake of a person;

      (g) Establishing priorities, goals and objectives that meet the nutritional needs of a person and are consistent with the resources of the person, including, without limitation, providing instruction on meal preparation;

      (h) Treating nutritional problems of a person and identifying patient outcomes to determine the progress made by the person;

      (i) Planning activities to change the behavior, risk factors, environmental conditions or other aspects of the health and nutrition of a person, a group of persons or the community at large;

      (j) Developing, implementing and managing systems to provide care related to nutrition;

      (k) Evaluating and maintaining appropriate standards of quality in the services provided;

      (l) Accepting and transmitting verbal and electronic orders from a physician consistent with an established protocol to implement medical nutrition therapy; and

      (m) Ordering medical laboratory tests relating to the therapeutic treatment concerning the nutritional needs of a patient when authorized to do so by a written protocol prepared or approved by a physician.

      2.  A licensed dietitian may use medical nutrition therapy to manage, treat or rehabilitate a disease, illness, injury or medical condition of a patient, including, without limitation:

      (a) Interpreting data and recommending the nutritional needs of the patient through methods such as diet, feeding tube, intravenous solutions or specialized oral feedings;

      (b) Determining the interaction between food and drugs prescribed to the patient; and

      (c) Developing and managing operations to provide food, care and treatment programs prescribed by a physician, physician assistant, dentist, advanced practice registered nurse or podiatric physician that monitor or alter the food and nutrient levels of the patient.

      3.  A licensed dietitian shall not provide medical diagnosis of the health of a person.

      (Added to NRS by 2011, 1504; A 2013, 2079)

DISCIPLINARY ACTION

      NRS 640E.270  Grounds for denial, refusal to renew, revocation or suspension of license or other disciplinary action; collection of costs.

      1.  The Board may deny, refuse to renew, revoke or suspend any license applied for or issued pursuant to this chapter, or take such other disciplinary action against a licensee as authorized by regulations adopted by the Board, upon determining that the licensee:

      (a) Is guilty of fraud or deceit in procuring or attempting to procure a license pursuant to this chapter.

      (b) Is guilty of any offense:

             (1) Involving moral turpitude; or

             (2) Relating to the qualifications, functions or duties of a licensee.

      (c) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license.

      (d) Is guilty of unprofessional conduct, which includes, without limitation:

             (1) Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.

             (2) Impersonating another licensed dietitian.

             (3) Permitting or allowing another person to use his or her license to engage in the practice of dietetics.

             (4) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee.

             (5) Physical, verbal or psychological abuse of a patient.

             (6) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      (e) Has willfully or repeatedly violated any provision of this chapter.

      (f) Is guilty of aiding or abetting any person in violating any provision of this chapter.

      (g) Has been disciplined in another state in connection with the practice of dietetics or has committed an act in another state which would constitute a violation of this chapter.

      (h) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      (i) Has willfully failed to comply with a regulation, subpoena or order of the Board.

      2.  In addition to any criminal or civil penalty that may be imposed pursuant to this chapter, the Board may assess against and collect from a licensee all costs incurred by the Board in connection with any disciplinary action taken against the licensee, including, without limitation, costs for investigators and stenographers, attorney’s fees and other costs of the hearing.

      3.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      (Added to NRS by 2011, 1506)

      NRS 640E.280  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to this chapter, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license was suspended pays the appropriate fee required pursuant to this chapter.

      (Added to NRS by 2011, 1507)

      NRS 640E.290  Administrative complaint; notice; investigation; hearing.

      1.  If any member of the Board or a Dietitian Advisory Group established pursuant to NRS 640E.130 becomes aware of any ground for initiating disciplinary action against a licensee, the member shall file an administrative complaint with the Board.

      2.  As soon as practical after receiving an administrative complaint, the Board shall:

      (a) Notify the licensee in writing of the charges against him or her, accompanying the notice with a copy of the administrative complaint; and

      (b) Forward a copy of the complaint to the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization for investigation of the complaint and request a written report of the findings of the investigation or, to the extent money is available to do so, conduct an investigation of the complaint to determine whether the allegations in the complaint merit the initiation of disciplinary proceedings against the licensee.

      3.  Written notice to the licensee may be served by delivering it personally to the licensee, or by mailing it by registered or certified mail to the last known residential address of the licensee.

      4.  If the licensee, after receiving a copy of the administrative complaint pursuant to subsection 1, submits a written request, the Board shall furnish the licensee with a copy of each communication, report and affidavit in the possession of the Board which relates to the matter in question.

      5.  If, after an investigation conducted by the Board or receiving the findings from an investigation of the complaint from the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor organization, the Board determines that the administrative complaint is valid, the Board shall hold a hearing on the charges at such time and place as the Board prescribes. If the Board receives a report pursuant to subsection 5 of NRS 228.420, the hearing must be held within 30 days after receiving the report. If requested by the licensee, the hearing must be held within the county in which the licensee resides.

      (Added to NRS by 2011, 1507)

      NRS 640E.300  Delegation of authority to conduct hearings by Board.  The Board may delegate its authority to conduct hearings pursuant to NRS 640E.290 concerning the discipline of a licensee to a hearing officer. The hearing officer has the powers of the Board in connection with such hearings, and shall report to the Board his or her findings of fact and conclusions of law within 30 days after the final hearing on the matter. The Board may take action based upon the report of the hearing officer, refer the matter to the hearing officer for further hearings or conduct its own hearings on the matter.

      (Added to NRS by 2011, 1508)

      NRS 640E.310  Subpoenas; oaths.  The Board may:

      1.  Issue subpoenas for the attendance of witnesses and the production of books, papers and documents; and

      2.  Administer oaths when taking testimony in any matter relating to the duties of the Board.

      (Added to NRS by 2011, 1508)

      NRS 640E.320  Enforcement of subpoenas by district court.

      1.  The district court in and for the county in which any hearing is held by the Board may compel the attendance of witnesses, the giving of testimony and the production of books, papers and documents as required by any subpoena issued by the Board.

      2.  In case of the refusal of any witness to attend or testify or produce any books, papers or documents required by a subpoena, the Board may report to the district court in and for the county in which the hearing is pending, by petition setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of books, papers or documents;

      (b) That the witness has been subpoenaed in the manner prescribed by this chapter; and

      (c) That the witness has failed and refused to attend or produce the books, papers or documents required by the subpoena before the Board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing,

Ê and ask an order of the court compelling the witness to attend and testify or produce the books, papers or documents before the Board.

      3.  The court, upon petition of the Board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, to show cause why the witness has not attended or testified or produced the books, papers or documents before the Board. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required books, papers or documents. Upon failure to obey the order, the witness must be dealt with as for contempt of court.

      (Added to NRS by 2011, 1508)

      NRS 640E.330  Time for rendering decision; notice of decision required; effective date of decision.

      1.  The Board shall render a decision on any administrative complaint within 60 days after the final hearing thereon. For the purposes of this subsection, the final hearing on a matter delegated to a hearing officer pursuant to NRS 640E.300 is the final hearing conducted by the hearing officer unless the Board conducts a hearing with regard to the administrative complaint.

      2.  The Board shall notify the licensee of its decision in writing by certified mail, return receipt requested. The decision of the Board becomes effective on the date the licensee receives the notice or on the date the Board receives a notice from the United States Postal Service stating that the licensee refused to accept delivery or could not be located.

      (Added to NRS by 2011, 1509)

      NRS 640E.340  Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records; communication and cooperation with other agencies.

      1.  Except as otherwise provided in this section and NRS 239.0115, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

      2.  Any complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose disciplinary action are public records.

      3.  This section does not prevent or prohibit the Board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.

      (Added to NRS by 2011, 1509)

      NRS 640E.350  Injunctive relief.  If the Board, based on evidence satisfactory to it, believes that any person has violated or is about to violate any provision of this chapter, the terms of any license, or any order, decision, demand or requirement, or any part thereof, the Board may bring an action, in the name of the Board, in the district court in and for the county in which the person resides, against the person to enjoin the person from continuing the violation or engaging in any act that constitutes such a violation. The court may enter an order or judgment granting such injunctive relief as it determines proper, but no such injunctive relief may be granted without at least 5 days’ notice to the opposite party.

      (Added to NRS by 2011, 1509)

      NRS 640E.360  Prohibited acts.  If a person is not licensed to engage in the practice of dietetics pursuant to this chapter, or if a person’s license to engage in the practice of dietetics has been suspended or revoked by the Board, the person shall not:

      1.  Engage in the practice of dietetics;

      2.  Use in connection with his or her name the words or letters “L.D.,” “licensed dietitian” or any other letters, words or insignia indicating or implying that he or she is licensed to engage in the practice of dietetics, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “dietetics” or represent himself or herself as licensed or qualified to engage in the practice of dietetics in this State; or

      3.  List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “Dietitian” or any other term that indicates or implies that he or she is licensed or qualified to engage in the practice of dietetics in this State.

      (Added to NRS by 2011, 1510)

      NRS 640E.370  Penalties.

      1.  A person who violates any provision of this chapter or any regulation adopted pursuant thereto is guilty of a misdemeanor.

      2.  In addition to any criminal penalty that may be imposed pursuant to subsection 1, the Board may, after notice and hearing, impose a civil penalty of not more than $100 for each such violation. For the purposes of this subsection, each day on which a violation occurs constitutes a separate offense, except that the aggregate civil penalty that may be imposed against a person pursuant to this subsection may not exceed $10,000.

      (Added to NRS by 2011, 1510)