HB0444

HOUSE BILL 444

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Elizabeth "Liz" Thomson

AN ACT

RELATING TO LICENSING; AMENDING AND ENACTING SECTIONS OF THE NUTRITION AND DIETETICS PRACTICE ACT TO CLARIFY DIETITIAN NUTRITIONIST AND NUTRITIONIST LICENSURE REQUIREMENTS; CHANGING THE COMPOSITION AND DUTIES OF THE NUTRITION AND DIETETICS PRACTICE BOARD; PROVIDING A BIENNIAL LICENSURE FEE; EXEMPTING ACTIVE DUTY MILITARY SERVICE PERSONNEL AND SPOUSES FROM THE INITIAL APPLICATION FEE; EXPANDING REASONS FOR DENIAL, SUSPENSION OR REVOCATION OF A LICENSE; CREATING A SCOPE OF PRACTICE; PROVIDING A GRANDFATHER CLAUSE FOR CURRENT LICENSEES; PROVIDING FOR PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 61-7A-1 NMSA 1978 (being Laws 1989, Chapter 387, Section 1) is amended to read:

"61-7A-1. SHORT TITLE.--[Sections 1 through 15 of this act] Chapter 61, Article 7A NMSA 1978 may be cited as the "Nutrition and Dietetics Practice Act"."

SECTION 2. Section 61-7A-3 NMSA 1978 (being Laws 1989, Chapter 387, Section 3) is amended to read:

"61-7A-3. DEFINITIONS.--As used in the Nutrition and Dietetics Practice Act:

[A. "association" means the American dietetic association;

B.] A. "board" means the nutrition and dietetics practice board;

B. "board for certification of nutrition specialists" means the board for certification of nutrition specialists, a private entity that certifies nutrition specialists;

C. "commission on dietetic registration" means the commission on dietetic registration, [that is a member of the national commission on health certifying agencies, which national commission establishes national standards of competence for individuals participating in the health care delivery system] a private entity that registers nutritionists and dietitian nutritionists;

D. "licensed dietitian nutritionist" means a health care professional [who engages] licensed as such by the board to engage in the practice of nutrition [or] and dietetics [practice] and uses the title dietitian or dietitian nutritionist;

[E. "nutrition or dietetics practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services]

E. "licensed nutritionist" means a health care professional licensed as such by the board to engage in the practice of nutrition and dietetics and uses the title nutritionist;

F. "medical nutrition therapy" means nutrition care services provided for the treatment or management of a disease or medical condition, including:

(1) recommending or ordering therapeutic diets based on dietary data, including enteral and parenteral nutrition, after interpreting anthropometric, biochemical, clinical and dietary data in acute and chronic disease states;

(2) food and nutrition counseling, including counseling on food and prescription drug interactions;

(3) developing and managing food service operations to manage or treat diseases or medical conditions, including operations with the primary function of nutrition care or the provision of therapeutic diets and operations connected with health facilities as that term is defined in Public Health Act; and

(4) medical weight control;

G. "medical weight control" means using medical nutrition therapy for the purpose of reducing, maintaining or gaining weight;

H. "national commission of certifying agencies" means the national commission of certifying agencies, a private credentialing entity for professional certification programs;

[F.] I. "nutrition care services" means:

(1) assessment of the nutritional needs of individuals and groups and [determining] determination of resources and constraints in the practice setting;

(2) ordering laboratory tests to check and track the nutrition status of a patient;

(3) ordering dietary plans and monitoring the effectiveness of dietary plans;

(4) ordering therapeutic diets;

[(2)] (5) establishment of priorities, goals and objectives that meet nutritional needs in a manner consistent with available resources and constraints;

[(3)] (6) provision of nutrition counseling and education in health and disease;

[(4)] (7) development, implementation and management of nutrition care systems; and

[(5)] (8) evaluation, adjustment and maintenance of appropriate standards of quality in food and nutrition care;

[G. "nutritional assessment" means the evaluation of the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical and dietary data to determine nutrient needs and recommend appropriate nutritional intake, including enteral and parenteral nutrition;

H.] J. "nutrition counseling" means [advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;

I. "nutrition associate" means a health care professional who engages in nutrition or dietetics practice under the supervision of a dietitian or nutritionist; and

J. "nutritionist" means a health care professional who engages in nutrition or dietetics practice and uses the title nutritionist] a collaborative counselor-patient or counselor-client process with individuals or groups to establish food and nutrition priorities, goals, individualized plans and general physical activity guidance to treat an existing condition or promote health and wellness;

K. "practice of nutrition and dietetics" means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology and food management and from behavioral and social sciences in achieving and maintaining health throughout a life span and in providing nutrition care services and medical nutrition therapy, in person or through telehealth, as that term is defined in the New Mexico Telehealth Act, for the prevention, management and treatment of diseases or medical conditions, including:

(1) nutrition assessment, which is the ongoing, dynamic and systematic process of obtaining, verifying and interpreting biochemical, anthropometric, physical, nutrigenomic and dietary data to make decisions about the nature and cause of nutrition-related problems and provide the foundation for nutrition diagnosis and nutrition interventions, but does not include the mere collection of data itself;

(2) nutrition diagnosis, which is identifying and labeling nutritional problems but does not include the medical differential diagnosis of the health status of an individual;

(3) nutrition intervention, which is the planned actions and nutrition counseling intended to positively change a nutrition-related behavior, risk factor, environmental condition or aspect of the health status of a patient;

(4) nutrition monitoring and evaluation, which is identifying patient outcomes relevant to a nutrition diagnosis and comparing the outcomes with the patient's previous health status; intervention goals or reference standards to determine the progress made in achieving desired outcomes of care; and whether planned interventions should be continued or revised; and

(5) the development and administration of nutrition care standards and systems; and

L. "therapeutic diet" means a nutrition intervention prescribed by a physician or other authorized nonphysician practitioner that provides food or nutrients through oral, enteral and parenteral routes as part of treatment of disease or clinical conditions to modify, eliminate, decrease or increase identified micronutrients and macronutrients in the diet, or to provide mechanically altered food when indicated."

SECTION 3. Section 61-7A-4 NMSA 1978 (being Laws 1989, Chapter 387, Section 4) is amended to read:

"61-7A-4. LICENSE REQUIRED--EXEMPTIONS.--

A. After April 1, 1990, no person shall [engage in nutrition or dietetics practice or use] provide, offer to provide or represent to the public that the person is qualified to provide medical nutrition therapy or include the titles or [represent himself to be] make any representation as being a licensed dietitian, licensed dietitian nutritionist or [nutrition associate unless he] licensed nutritionist unless the person is licensed [under] pursuant to the Nutrition and Dietetics Practice Act.

B. Nothing in the Nutrition and Dietetics Practice Act is intended to:

(1) limit, interfere with or prevent any other licensed health care professional from engaging in [nutrition and dietetics] the practice of medical nutrition therapy within the limits of [his] the licensure, except that [he] the licensed health care professional shall not [hold himself out as] make any representation as being a dietitian nutritionist or [nutrition associate] nutritionist;

(2) limit, interfere with or prevent employees of state or federal agencies from the practice of medical nutrition therapy or using the term "dietitian" or "nutritionist" as defined in state or federal personnel qualifications where these terms are used in their job titles, except that the ability to practice medical nutrition therapy and use of these terms shall be limited to the period and practice of their employment with the state or federal agency establishing those qualifications;

(3) prevent an individual who does not [hold himself out as] make a representation as being a dietitian nutritionist or [nutrition associate] nutritionist from furnishing [oral or written nutritional information on food, food materials or dietary supplements or from engaging in the explanation to customers about foods or food products in connection with the marketing and distribution of those products] or explaining general nonmedical nutrition information, guidance, encouragement, individualized nutrition recommendations for wellness or primary prevention of chronic disease, coaching, assessments, services for nonmedical weight management or other nutrition care services; provided that the individual does not conduct medical nutrition therapy and that the individual does not otherwise violate the provisions of the Nutrition and Dietetics Practice Act;

(4) prevent [any] a person from providing medical weight control services [provided the program has been reviewed by, consultation is available from and no program change can be initiated without prior approval by a licensed dietitian or licensed nutritionist, a dietitian or nutritionist licensed in another state which has licensure requirements at least as stringent as the requirements for licensure under the Nutrition and Dietetics Practice Act or a dietitian registered by the commission] for individuals with prediabetes or obesity under a program of instruction approved in writing by:

(a) a licensed dietitian nutritionist or licensed nutritionist in New Mexico;

(b) a dietitian nutritionist or nutritionist who holds a credential in another state that authorizes the person to provide medical nutrition therapy; provided that the requirements for the credential are substantially equivalent to the requirements for licensure pursuant to the Nutrition and Dietetics Practice Act;

(d) a nutrition specialist certified by the board for certification of nutrition specialists; or

(e) a health care professional licensed in New Mexico whose scope of practice authorizes the professional to provide nutrition care services for the treatment or management of a disease or medical condition for which the medical weight control is being provided;

(5) prevent a person from providing delegated medical weight control under a plan of care overseen by a health care professional licensed in New Mexico whose scope of practice authorizes the professional to provide and delegate nutrition care services for the treatment or management of the disease or medical condition for which medical weight control is being provided;

[(5)] (6) prevent a nutrition and dietetic technician [registered (DTR)] from engaging in the practice of nutrition [or] and dietetics [practice] under the supervision of a licensed dietitian nutritionist or licensed nutritionist;

[(6)] (7) apply to or affect [students of approved or accredited dietetics or nutrition training or education programs who engage in nutrition or dietetics practice under the supervision of a licensed dietitian or licensed nutritionist as a part of their approved or accredited training or education program for the duration of that program; or] trainees while fulfilling an experience requirement or pursuing a course of study to meet the licensure requirements pursuant to the Nutrition and Dietetics Practice Act; provided that the person does not engage in the unrestricted practice of medical nutrition therapy, the person is designated by a title that clearly indicates the person's status as a student or trainee and a supervisor assumes full professional responsibility for the work of the person by verifying, directing and authorizing the work. As used in this paragraph, "unrestricted practice of medical nutrition therapy" means the application of nutrition and dietetics knowledge and skills by an individual who regulates and is responsible for that individual's own practice or treatment procedures;

[(7)] (8) interfere with or prevent persons recognized in their communities as curanderos or medicine men from advising or ministering to people according to traditional practices, as long as [they do not hold themselves out to be dietitians, nutritionists or nutrition associates] the person does not make representation as being a dietitian nutritionist or nutritionist;

(9) prohibit a person from providing medical nutrition therapy if the person works under the direct supervision of a health care professional licensed in New Mexico and the person performs only support activities; or

(10) prevent a person from providing nutrition care services to family members without consideration.

C. As used in this section, "general nonmedical nutrition information" means information on:

(1) principles of nutrition and food preparation;

(2) essential nutrients needed by the human body;

(3) actions of nutrients in the human body;

(4) non-individualized effects of deficiencies or excesses of nutrients in the human body;

(5) foods, herbs and dietary supplements that are good sources of essential nutrients in the human body or help maintain good health; and

(6) principles of self-care and healthy relationships with food."

SECTION 4. Section 61-7A-5 NMSA 1978 (being Laws 1989, Chapter 387, Section 5, as amended) is amended to read:

"61-7A-5. BOARD CREATED.--

A. There is created the "nutrition and dietetics practice board", administratively attached to the regulation and licensing department. The board shall consist of five members who are New Mexico residents and who are appointed by the governor for staggered three-year terms. [Three] Two members shall be licensed [dietitians or] dietitian nutritionists [with at least three years of nutrition or dietetics practice] who have been actively engaged in the practice of nutrition and dietetics and the provision of medical nutrition therapy in New Mexico for the immediately preceding three years; one member shall be a licensed nutritionist who has been actively engaged in the practice of nutrition and dietetics and the provision of medical nutrition therapy in New Mexico for the immediately preceding three years; and two members shall represent the public. [There shall be at least one dietitian and at least one nutritionist on the board at all times.] The public members shall not have been a licensed [as a] dietitian [or] nutritionist, a licensed nutritionist or any other type of licensed health care professional or a person enrolled in a program to become a licensed health care professional or have any financial interest, direct or indirect, in the professions regulated.

B. Each member shall hold office until the expiration of the term for which appointed or until a successor has been appointed. [Vacancies] A vacancy occurring other than by expiration of a term shall be filled for the balance of the unexpired term within ninety days of the vacancy by appointment by the governor. Nonpublic members may be appointed from a list submitted to the governor by a generally recognized professional organization for dietitian or nutritionist providers.

C. [No] A board member shall not serve more than two full terms.

D. The board shall elect annually a [chairman] chair and such other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be called by the [chairman] chair or upon the written request of two or more members of the board. Three members, at least two of whom are professional members and at least one of whom is a public member, shall constitute a quorum. [Any] A member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member.

E. The members of the board shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

F. In the event of a vacancy on the board, the chair of the board shall immediately notify the governor, the superintendent of regulation and licensing and members of the board.

G. Minutes of meetings, upon approval by the board, shall constitute the official records of board meetings. The unapproved minutes of meetings shall be recorded and posted publicly to the board's website during normal business hours within ten business days of their recordation."

SECTION 5. Section 61-7A-7 NMSA 1978 (being Laws 1989, Chapter 387, Section 7, as amended) is amended to read:

"61-7A-7. LICENSURE--REQUIREMENTS.--

[A. The board shall issue a license as a dietitian to any person who files a completed application, pays all required fees and certifies and furnishes evidence satisfactory to the board that the applicant has a valid current registration with the commission that gives the applicant the right to use the term "registered dietitian" or "R.D.".

B. The board shall issue a license as a nutritionist to any person who files a completed application, pays all required fees and certifies and furnishes evidence satisfactory to the board that the applicant:

(1) has received a master's degree or doctorate in human nutrition, nutrition education, foods and nutrition or public health nutrition from a college or university accredited by a member of the council on post-secondary accreditation; or

(2) maintains membership in one of the following organizations:

(a) the American institute of nutrition;

(b) the American society for clinical nutrition; or

(3) has successfully completed any training or educational programs and other requirements set out in the rules and regulations adopted pursuant to the Nutrition and Dietetics Practice Act.

C. Notwithstanding the provisions of Subsections A and B of this section, the board shall issue a license to an applicant who pays all required fees and who successfully passes a state examination, as established in Subsection A of Section 61-7A-6 NMSA 1978.

D. The board shall issue a license as a nutrition associate to any person who files a completed application, pays all required fees and certifies and furnishes evidence satisfactory to the board that the applicant:

(1) has received a baccalaureate or higher degree from a college or university accredited by a member of the council on post-secondary accreditation and fulfilled minimum academic requirements in the field of dietetics and related disciplines as approved by the association; and

(2) works under the supervision of a dietitian or nutritionist. Such supervision shall include a minimum of four hours on-site supervision per month plus phone consultation as needed.]

A. To be eligible for licensure, an applicant shall:

(1) be at least eighteen years of age;

(2) submit a completed application on forms and in a manner required by the board;

(3) submit the applicable fee as provided by Section 61-7A-11 NMSA 1978;

(4) provide fingerprints on two fingerprint cards for submission to the department of public safety to conduct a statewide criminal history check and pay the cost of obtaining the fingerprints and criminal history background check;

(5) for a licensed dietitian nutritionist license, provide evidence of current and valid credential as a registered dietitian or registered dietitian nutritionist by the commission on dietetic registration; and

(6) for a licensed nutritionist license:

(a) submit proof that the applicant has received a master's degree or doctoral degree from a United States regionally accredited institution of higher education approved by the regulation and licensing department, in consultation with the board, or a degree from an educational institution in another country that the regulation and licensing department, in consultation with the board, determines is substantially equivalent to a doctoral degree from a United States regionally accredited institution of higher education approved by the regulation and licensing department or a doctoral degree or validated foreign equivalent in the field of clinical health care;

(b) has completed: 1) a master's level course of study in human nutrition, food and nutrition, community nutrition, public health nutrition, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and integrative health or an equivalent major course of study as determined by the board; and 2) a course of study leading to competence in medical nutrition therapy, including the completion of fifteen semester hours of clinical or life sciences course work with at least three semester hours in human anatomy and physiology or the equivalent as recommended by the board and approved by the regulation and licensing department; fifteen semester hours of nutrition and metabolism course work with at least six semester hours in biochemistry or an equivalent as recommended by the board and approved by the regulation and licensing department;

(c) has completed a board-approved, continuous, planned, documented and supervised practice experience under the supervision of a qualified supervisor demonstrating competency in nutrition care services and the provision of medical nutrition therapy for not less than one thousand hours in the following areas, involving no less than two hundred hours in nutrition assessment and nutrition diagnosis; nutrition intervention; and nutrition monitoring or evaluation. Such experience shall prepare students to provide nutrition care services for various populations of diverse cultures, genders and across the life cycle; and competently formulate actionable medical nutrition therapies and interventions, education, counseling and ongoing care for the prevention, modulation and management of a range of acute and chronic medical conditions; and

(d) have completed a minimum of seven hundred hours of the supervised practice experience provided in Subparagraph (c) of this paragraph in a professional work setting and have completed no more than three hundred hours in alternate supervised experience, including observational client and practitioner interactions, simulation, case studies and role-playing.

B. If an applicant meets the requirements of this section, the applicant shall be issued the appropriate license attesting to the date and fact of licensure.

[E.] C. A valid license issued pursuant to the Nutrition and Dietetics Practice Act shall be displayed at the licensee's place of employment.

[F.] D. Licenses, including initial licenses, shall be issued for a period of [one year] two years.

E. As used in this section, "qualified supervisor" means an individual who:

(1) when supervising the provision of medical nutrition therapy is:

(a) a dietitian nutritionist registered by the commission on dietetic registration or nutrition specialist certified by the board for certification of nutrition specialists;

(b) a licensed nutritionist or a licensed dietitian nutritionist in New Mexico; or

(c) a health care professional licensed pursuant to the laws of any state or territory in the United States to provide nutrition care services for the purpose of treating or managing a disease or medical condition;

(2) when supervising the provision of nutrition care services that do not constitute medical nutrition therapy:

(a) meets the requirements of Paragraph (1) of this subsection; or

(b) has at least three years of clinical nutrition experience in the immediately preceding four years and holds a master's or doctoral degree from a United States regionally accredited institution of higher education or a degree from an educational institution in another country that the board determines is substantially equivalent to the master's or doctoral degree described in this subparagraph and has completed a major course of study in dietetics, human nutrition, foods and nutrition, community nutrition, public health nutrition, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and integrative health or an equivalent course of study as approved by the board; and

(3) complies with the following requirements:

(a) develops and carries out a program for advancing and optimizing the quality of care provided by the person being supervised;

(b) with the person being supervised, identifies and documents goals for supervised practice experience, assigns clinical tasks as appropriate to the supervisee's evolving level of competence, the supervisee's relationship and access to the qualified supervisor and creates a process for evaluating the supervisee's performance;

(d) is physically on-site and present where the supervisee is providing nutrition care services or is immediately and continuously available to the supervisee by means of telehealth, as that term is defined in the New Mexico Telehealth Act; provided that if the qualified supervisor assigns a nutrition care service to a supervisee that is to be provided in a setting where the qualified supervisor is not routinely present, the qualified supervisor shall ensure that the means and methods of supervision are adequate to ensure appropriate patient care, which may include synchronous videoconferencing or another method of communication and oversight that is appropriate to the care setting and the education and experience of the supervisee;

(e) limits the assignment of nutrition care services to those services that are within the training and experience of the supervisee and customary to the practice of the qualified supervisor; and

(f) if supervising an applicant who is providing medical nutrition therapy to an individual in New Mexico, is licensed pursuant to the Nutrition and Dietetics Practice Act."

SECTION 6. Section 61-7A-8 NMSA 1978 (being Laws 1989, Chapter 387, Section 8) is amended to read:

"61-7A-8. LICENSURE BY CREDENTIALS.--The board may license an applicant who is licensed as a dietitian nutritionist or [nutrition associate] nutritionist in another state, provided that in the judgment of the board the standards for licensure in that state are not less stringent than those provided for licensure in the Nutrition and Dietetics Practice Act."

SECTION 7. Section 61-7A-9 NMSA 1978 (being Laws 1989, Chapter 387, Section 9) is amended to read:

"61-7A-9. PROVISIONAL PERMIT.--A provisional permit to practice as a licensed dietitian nutritionist or a licensed nutritionist may be issued by the board upon the filing of an application and submission of evidence of successful completion of the education and supervised practice experience requirements. No fee in addition to the application and license fees shall be charged for the issuance of a provisional permit. The permit shall be valid only until the last day of the period for which it is issued or until the provisional [permitee's] permittee's application has been approved and a license issued, whichever is first."

SECTION 8. Section 61-7A-10 NMSA 1978 (being Laws 1989, Chapter 387, Section 10) is amended to read:

"61-7A-10. LICENSE RENEWAL--CONTINUING EDUCATION REQUIREMENTS.--

A. Every person licensed under the Nutrition and Dietetics Practice Act shall renew [his] the person's license [annually] biennially on or before the expiration date of the initial or renewal license.

B. The board shall issue a renewal license to the licensee upon receipt of the renewal application, the renewal fee and proof satisfactory to the board of compliance with continuing education requirements.

C. Continuing education requirements for licensees shall be established by the board; provided that

[(1) for dietitians, the requirements shall be those established by the commission; and

(2) for nutritionists and nutrition associates, at least seventy-five clock hours, or the equivalent, during a five-year period shall be required to be obtained in increments of fifteen clock hours annually or as otherwise permitted by the board] the board shall accept as valid any continuing education approved by the board for certification of nutrition specialists and the commission on dietetic registration or any continuing education provided by an entity approved the board for certification of nutrition specialists and the commission on dietetic registration.

D. [Any] A person who allows [his] the person's license to lapse by failing to renew [his] the license within thirty days of expiration may be reinstated by the board and issued a renewal license upon submission of a renewal application with proof satisfactory to the board of compliance with the continuing education and other requirements of the Nutrition and Dietetics Practice Act and payment of the [annual] biennial renewal fee and an additional reinstatement fee."

SECTION 9. Section 61-7A-11 NMSA 1978 (being Laws 1989, Chapter 387, Section 11, as amended) is amended to read:

"61-7A-11. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable fees for applications, licenses and renewal of licenses to be submitted to the board. Fees shall be established based on processing requirements for each category.

B. The initial application fee shall be set in an amount not to exceed fifty dollars ($50.00); provided that an active duty member of the United States armed forces or the spouse of such a member shall not be required to pay the initial application fee.

C. The initial license fee shall be set in an amount not to exceed one hundred fifty dollars ($150).

D. A biennial license renewal fee shall be established in an amount not to exceed [seventy-five dollars ($75.00) per year] one hundred fifty dollars ($150).

E. A license reinstatement fee shall be established in an amount not to exceed fifty dollars ($50.00)."

SECTION 10. Section 61-7A-13 NMSA 1978 (being Laws 1989, Chapter 387, Section 13) is amended to read:

"61-7A-13. DENIAL, SUSPENSION, REVOCATION AND REINSTATEMENT OF LICENSES.--

A. The board may refuse to issue or renew or may deny, suspend or revoke [any] a license held or applied for under the Nutrition and Dietetics Practice Act in accordance with the procedures set forth in the Uniform Licensing Act upon grounds that the licensee or applicant:

(1) is guilty of fraud, [or] misrepresentation or concealment of material facts in the procurement of [any] a license under the Nutrition and Dietetics Practice Act;

(2) is subject to the imposition of [any] disciplinary action by an agency of another state [which] that regulates [dietitians] dietitan nutritionists or [nutrition associates] nutritionists, but not to exceed the period or extent of that action;

(3) is convicted of a crime other than a misdemeanor. The record of conviction or a certified copy of it shall be conclusive evidence of the conviction;

(4) is grossly negligent or incompetent in [his] practice as a licensed dietitian nutritionist or [nutrition associate] licensed nutritionist;

(5) has failed to fulfill continuing education requirements;

(6) has violated or aided or abetted [any] a person to violate [any of] the provisions of the Nutrition and Dietetics Practice Act or [any] rules [or regulations] duly adopted under that act; or

(7) has engaged in unethical or unprofessional conduct as defined in the code of ethics adopted by the board.

B. One year from the date of revocation of a license under the Nutrition and Dietetics Practice Act, application may be made to the board for restoration of the license. The board shall provide by [regulation] rule for the criteria governing application and examination for restoration of a revoked license."

SECTION 11. A new section of the Nutrition and Dietetics Practice Act is enacted to read:

"[NEW MATERIAL] SCOPE OF PRACTICE.--

A. Licensed dietitian nutritionists and licensed nutritionists shall provide nutrition care services using systematic, evidence-based problem-solving methods of the nutrition care process to address nutrition-related problems and provide safe, effective, quality nutrition services and medical nutrition therapy for patients and clients in both clinical and community settings.

B. A licensed dietitian nutritionist or licensed nutritionist may accept or transmit verbal, delegated or electronically transmitted orders from the referring provider consistent with applicable laws and rules, including any controlling facility or employer protocols established to implement medical nutrition therapy.

C. A licensed dietitian nutritionist or licensed nutritionist may order patient diets, including oral therapeutic diets, pursuant to this section. Enteral and parenteral nutrition therapy, which consists of enteral feedings or specialized intravenous solutions and associated nutrition-related services as part of a therapeutic diet, shall only be ordered by a dietitian nutritionist licensed pursuant to the Nutrition and Dietetics Practice Act.

D. A licensed dietitian nutritionist or licensed nutritionist may order medical laboratory tests related to nutritional therapeutic treatments consistent with state law.

E. A licensed dietitian nutritionist or licensed nutritionist may implement prescription drug dose adjustments for specific disease treatment protocols within the limits of the licensee's knowledge, skills, judgment and current evidence-informed clinical practice guidelines as indicated in a protocol approved by a facility, medical staff or medical director and as approved and delegated by a licensed prescribing practitioner. In an outpatient setting, the licensee may implement prescription drug dose adjustments for specific disease treatment protocols within the limits of the licensee's knowledge, skills and judgement and as approved by and under the delegation of a prescribing practitioner.

F. A licensed dietitian nutritionist or licensed nutritionist may advise a patient or client to consume vitamin, mineral and other nutritional supplements or to discontinue use of vitamin and mineral supplements the licensed dietitian nutritionist or licensed nutritionist finds unnecessary.

G. A licensed dietitian nutritionist or licensed nutritionist may develop and manage food service operations that have the chief function of providing food and nutrition care, including therapeutic diets, to manage or treat disease states and medical conditions.

H. Nothing in this section shall be construed to allow licensees practicing pursuant to the Nutrition and Dietetics Practice Act to prescribe or initiate drug treatment other than as provided in this section."

SECTION 12. A new section of the Nutrition and Dietetics Practice Act is enacted to read:

"[NEW MATERIAL] VIOLATION AND PENALTIES.--

A. It is a misdemeanor:

(1) for any person not licensed pursuant to the Nutrition and Dietetics Practice Act to practice medical nutrition therapy or to make representation as a licensed dietitian, dietitian nutritionist or nutritionist;

(2) for any person to practice medical nutrition therapy during the time that the person's license as a dietitian nutritionist or nutritionist is suspended, revoked or lapsed; or

(3) for any person otherwise to violate the provisions of the Nutrition and Dietetics Practice Act.

B. Such misdemeanor shall be punishable upon conviction by imprisonment for not more than three months or by a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. Each violation shall be deemed a separate offense.

C. Such misdemeanor shall be prosecuted by the attorney general of the state or any district attorney the attorney general designates."

SECTION 13. TEMPORARY PROVISION--CURRENT LICENSEES.--A person who is a licensed dietitian nutritionist or licensed nutritionist in New Mexico on the effective date of this act shall be eligible to maintain and renew a license as a licensed dietitian nutritionist or licensed nutritionist, as appropriate, pursuant to the Nutrition and Dietetics Practice Act without meeting any additional requirements.

SECTION 14. TEMPORARY PROVISION--BOARD MEMBERSHIP CHANGES.--Members of the nutrition and dietetics practice board serving on the effective date of this act shall continue as members of the board until their terms expire.

SECTION 15. REPEAL.--Section 61-7A-2 NMSA 1978 (being Laws 1989, Chapter 387, Section 2) is repealed.

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