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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2017

Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 3800
The Delaware Board of Dietetics/Nutrition, pursuant to 24 Del.C. §3805(1), proposes to revise its regulations. The proposed amendments to the regulations seek to clarify and provide more detailed information regarding the use of telehealth for the provision of dietetics and nutrition services.
The Delaware Board of Dietetics/Nutrition pursuant to 24 Del.C. §3805(1), proposed to revise its regulations. The proposed amendments to the regulations seek to further clarify the scope of practice of a Dietitian/Nutritionist by defining various terms set forth in the Board's enabling statute.
Following publication in the Delaware Register of Regulations on September 1, 2016 a public hearing was held on November 4, 2016. Written comment periods were held open for thirty days, and an additional fifteen days following the public hearing. At the hearing, the Board accepted as evidence and marked as Board Exhibit 1 the affidavit of publication of the public hearing notice in the News Journal, and Board Exhibit 2 the affidavit of publication of the public hearing notice in the Delaware State News. In addition to these exhibits, the Board received written public comment from both local and national public interest groups.
IT IS SO ORDERED this 12th day of May, 2017 by the Delaware Board of Dietetics/Nutrition.
"Medical nutrition therapy" means the use of specific nutrition services to treat, or rehabilitate an illness, injury, or condition. Medical nutrition therapy includes nutrition assessment, intervention, education, and counseling.
Nutrition assessment” means the evaluation of the nutritional needs of individuals or groups based on appropriate nutrient intake, biochemical values, anthropometric measures, physical and metabolic parameters, socio-economic factors, current medical diagnosis and medications, enteral and parenteral nutrition or dietary data to determine nutrient needs and recommend appropriate medical nutrition therapy.
"Nutrition Care Services" means assessing the nutritional needs of individuals or groups, determining resources and constraints in the practice setting, and providing appropriate nutritional recommendations, counseling or education.
Nutrition counseling” means advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
Nutritional Care Plan” means a plan of care developed by a licensed Dietitian/Nutritionist that includes: the design and implementation of nutrition programs/plans, which include goals and objectives for individuals and groups for the maintenance of health and prevention of disease; the design and implementation of therapeutic nutrition regimens, including enteral and parenteral nutrition for the management of nutritionally related health disorders; establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints; developing, implementing, and managing nutrition care systems; and evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.
Nutritional care standards” means policies and procedures pertaining to the provision of nutritional care in institutional and community settings.
"Nutritional education" means a planned program based on learning objectives with expected outcomes designed to modify nutrition-related behaviors.
2.1.1 A major course of study [24 Del.C. §3806(2)] must include 3 semester credits with content in biochemistry, 3 semester credits with content in human physiology, and 12 semester credits of courses with major content in human nutrition and/or dietetics including 3 semester credits in nutrition and disease or diet therapy.
2.3.1 Proof of completion of supervised practice experience of 900 hours [24 Del.C. §3806(a)(3)] is required and may be demonstrated by documenting completion of a Commission on Accreditation for Dietetic Education (CADE) program. CADE is the accrediting agency for the American Dietetic Association (ADA); or
2.5 Individuals seeking a waiver under the provisions of 24 Del.C. §3806(f) of the qualifications for licensure specified in 24 Del.C. §3806(a)(1)-(4) and 24 Del.C. §3806(b) must document at least 10 years or greater work experience in the field of nutrition as defined in 24 Del.C. §3802(3) acceptable to the Board.
3.4 “Standards of licensure” as used in 24 Del.C. §3807, shall refer to the qualifications of applicants set forth at §3806.
4.1 "Continuing professional education" (CPE) as specified in the Dietician/Nutritionist Licensure Act, 24 Del.C. §3808, must meet the content requirements of The American Dietetic Association for CPE credit. One hour of CPE credit shall be given for each hour of CPE activity.
6.0 Code of Ethics. [24 Del.C. §3811(a)(4).]
7.1.1 “Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program). Including all crimes prohibited by or punishable under Title 18 of the United States Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
7.6 Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals.
Last Updated: December 31 1969 19:00:00.
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