Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
Reformatted January 2012 Office of Licensure - Professional Licensure Division
Regulations Governing
Licensure
of
Dietitians
Mississippi State Department of Health
Office of Licensure
Professional Licensure Division
P. O. Box 1700
Jackson, Mississippi 39215-1700
(601) 364-7360 Fax (601) 364-5057
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
Reformatted January 2012 Office of Licensure - Professional Licensure Division
i
Title 15: Mississippi State Department of Health
Part 19: Bureau of Professional Licensure
Subpart 60: Professional Licensure
CHAPTER 3: REGULATIONS GOVERNING LICENSURE OF DIETITIANS
Table of Contents
Subchapter 1: General ............................................................................................................................. 3
Rule 3.1.1 Purpose ............................................................................................................................. 3
Rule 3.1.2 Legal Authority .................................................................................................................. 3
Rule 3.1.3 Definitions: ......................................................................................................................... 3
Rule 3.1.4 Publication ......................................................................................................................... 5
Subchapter 2: Mississippi Council of Advisors in Dietetics (“Council”) ........................................... 6
Rule 3.2.1 Council Structure and Purpose. ........................................................................................ 6
Rule 3.2.2 Meetings. ........................................................................................................................... 6
Subchapter 3: State Board of Health (“Board”) .................................................................................... 6
Rule 3.3.1 Responsibilities ................................................................................................................. 6
Subchapter 4: Licensure .......................................................................................................................... 6
Rule 3.4.1 Licensure Requirements ................................................................................................... 6
Rule 3.4.2 Provisional License ........................................................................................................... 7
Rule 3.4.3 Direct Technical Supervision. ............................................................................................ 7
Rule 3.4.4 Conditions of a Universal Occupational License: .............................................................. 7
Rule 3.4.5 Abandonment .................................................................................................................. 10
Subchapter 5: Professional Practice and Identification ..................................................................... 10
Rule 3.5.1 Practice, Titles and Abbreviation ..................................................................................... 10
Rule 3.5.2 Production and Display of License: ............................................................................... 11
Subchapter 6: Renewal of License ....................................................................................................... 11
Rule 3.6.1 General Provisions .......................................................................................................... 11
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
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Rule 3.6.2 Procedure for Renewal of License .................................................................................. 11
Rule 3.6.3 Failure to Renew. ............................................................................................................ 12
Subchapter 7: Continuing Education ................................................................................................... 12
Rule 3.7.1 Requirements: ................................................................................................................. 12
Rule 3.7.2 Sources of Continuing Education .................................................................................... 13
Rule 3.7.3 Reporting Procedures for Continuing Education: ............................................................ 13
Subchapter 8: Revocation, Suspension and Denial of License ........................................................ 14
Rule 3.8.1 Standards of Conduct ..................................................................................................... 14
Rule 3.8.2 Summary Suspension ..................................................................................................... 15
Rule 3.8.3 Complaints. ..................................................................................................................... 15
Rule 3.8.4 Notice of Charges and Hearing ....................................................................................... 15
Rule 3.8.5 Board Sanctions .............................................................................................................. 16
Rule 3.8.6 Appeal. ............................................................................................................................ 17
Subchapter 9: Exceptions and Exemptions ........................................................................................ 17
Rule 3.9.1 Exceptions. ...................................................................................................................... 17
Subchapter 10: Criminal Offenses and Punishment............................................................................. 18
Rule 3.10.1 Offenses. ......................................................................................................................... 18
Rule 3.10.2 Punishment. .................................................................................................................... 18
Subchapter 11: Fees ................................................................................................................................ 18
Rule 3.11.1 Method of Payment. ........................................................................................................ 19
Rule 3.11.2 Schedule of Fees ............................................................................................................ 19
Rule 3.11.3 Examination Fee . .......................................................................................................... 19
Subchapter 12: Administrative Grievance Procedure .......................................................................... 19
Rule 3.12.1 Administrative Appeals. ................................................................................................... 19
Rule 3.12.2 Notification ....................................................................................................................... 19
Rule 3.12.3 Hearing ............................................................................................................................ 20
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
Reformatted January 2012 Office of Licensure - Professional Licensure Division
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Title 15: Mississippi State Department of Health
Part 19: Bureau of Professional Licensure
Subpart 60: Professional Licensure
CHAPTER 3: REGULATIONS GOVERNING LICENSURE OF DIETITIANS
Subchapter 1: General
Rule 3.1.1 Purpose: The purpose of these regulations is to safeguard the public's health, safety, and
welfare by establishing minimum qualifications and creating exclusive titles corresponding to
the level of qualifications for individuals who wish to offer dietetic and nutritional services to
the public. Further, in order to insure the highest degree of professional conduct by those
engaged in offering dietetic and nutritional services to the public, it is the purpose of these
regulations to provide and impose disciplinary sanctions, be they civil or criminal, against
persons who do not meet or adhere to the procedures, qualifications, and standards set out
in the Act and in these regulations.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.1.2 Legal Authority: The State Board of Health is authorized to establish and enforce these
rules and procedures by virtue of the "Mississippi Dietetics Practice Act of 1986," Sections
73-10-1 et seq. of Mississippi Code of 1972, annotated.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.1.3 Definitions: The following terms shall have the meaning set forth below, unless the context
otherwise requires:
1. "Board" shall mean the Mississippi State Board of Health.
2. "Advisory Council" shall mean the Mississippi Council of Advisors in Dietetics.
3. "Association" means the American Dietetic Association (ADA).
4. "Mississippi Association" means the Mississippi Dietetic Association, an affiliate of the
American Dietetic Association (MDA).
5. "Commission on Dietetic Registration" (CDR) means the Commission on Dietetic
Registration that is a member of the National Commission for Health Certifying Agencies.
6. "Degree" means a degree received from a college or university that was accredited through
the Council on Post-secondary Accreditation and the U.S. Department of Education at the
time the degree was conferred.
7. "Registered Dietitian" means a person registered by the Commission on Dietetic
Registration.
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8. "Licensed Dietitian" means a person licensed pursuant to these regulations.
9. "Provisionally Licensed Dietitian" means a person provisionally licensed pursuant to
these regulations.
10. "Dietetics Practice" means the integration and application of the principles derived from the
sciences of nutrition, biochemistry, food, physiology, management and behavioral and
social sciences to achieve and maintain people's health. Dietetic practice includes, but is
not limited to:
a. Providing medical nutrition therapy.
b. Development, administration, evaluation, and consultation regarding nutritional care
standards of quality in food services and medical nutrition therapy.
c. Providing nutrition counseling in health and disease.
d. Developing, implementing, and managing nutrition care systems.
e. Providing case management services.
11. "Medical nutrition therapy" is a nutritional diagnostic therapy and counseling services for
the purpose of disease management. It means the assessment of the nutritional status of
patients with a condition, illness, or injury that appropriately requires medical nutrition
therapy as part of the treatment. The assessment includes review and analysis of medical
and diet history, blood chemistry lab values, and anthropometric measurements to
determine nutritional status and treatment modalities.
a. Therapy ranges from diet modification and nutrition counseling to administration of
specialized nutrition therapies, such as intravenous medical nutritional products as
determined necessary to manage a condition or treat illness or injury.
b. Administration of specialized nutrition therapies does not include the clinical aspects
of insertion of the nasogastric tube, initiation of the intravenous line, nor
administration of nutritional feedings/fluids or medications via the intravenous,
nasogastric, or gastrostomy route.
12. "Diet modification and nutrition counseling" means intervention and advice in assisting
individuals or groups in the development of personal diet plans to achieve appropriate
nutritional intake. To develop the diet plan, the dietitian integrates information from the
nutritional assessment with information on food and other sources of nutrients and meal
preparation consistent with cultural background and socioeconomic status.
13. "Specialized nutrition therapies" mean medical foods, enteral nutrition delivered via tube,
or parenteral nutrition delivered by intravenous infusion.
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
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14. "Nutrition Educator" shall mean one who communicates scientific nutrition information to
individuals and/or groups and who provides information on food sources of nutrients to meet
normal nutrition need based on the most current "Recommended Dietary Allowances" of the
Food and Nutrition Board, National Academy of Sciences, and National Research Council.
15. "Dietitian" means one engaged in dietetics practice, medical nutrition therapy or nutrition
education. The terms dietitian or dietician are used interchangeably in this chapter.
16. "Direct technical supervision" means the direct, technical supervision by a licensed
dietitian, as prescribed in regulations by the Board, of the dietetics practice or medical
nutrition therapy provided to an individual and/or group by a provisionally licensed dietitian.
17. "License" shall mean the document of licensure issued by the Board.
18. "Department" shall mean the Mississippi Department of Health.
19. "Examination" shall mean the Registration Examination for Dietitians as administered by
the Commission on Dietetic Registration or other examination that the Department may
designate.
20. "Act" shall mean the "Mississippi Dietetics Practice Act of 1986," Sections 73-10-1 et seq.
of Mississippi Code of 1972, annotated.
21. "Nonmedical weight Control" shall mean the provision of services for the purpose of
reducing, maintaining, or gaining weight that does not constitute the treatment and
management of a disease or medical condition. The term includes weight control services for
healthy population groups to achieve or maintain a healthy weight.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.1.4 Publication: The Department shall make available, upon request and payment of a fee, a
list of the names and addresses of all persons licensed by the Department as Dietitians, and
a list of all persons whose licenses have been suspended, revoked, denied renewal, put on
probationary status, censured, or reprimanded during the current licensure term.
SOURCE: Miss. Code Ann. § 73-10-21.
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
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Subchapter 2: Mississippi Council of Advisors in Dietetics (“Council”)
Rule 3.2.1 Council Structure and Purpose: The Council shall consist of seven (7) members as set
forth in the enabling statute, for the terms indicated therein, and shall serve under the
jurisdiction of the State Board of Health. The purpose of the Council is to serve in an
advisory capacity to the Board in matters relating to the administration and interpretation of
the enabling statute.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.2.2 Meetings: The Council shall meet at least twice each year. Additional meetings may be
held, at the discretion of the chairman of the Council or of the Board, upon ten (10) day
written notice to the Council members. A quorum shall consist of four (4) members of the
Council, including the chairman, and shall be necessary for the Council to take action by
vote.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 3: State Board of Health (“Board”)
Rule 3.3.1 Responsibilities: The Board, with the advice of the council, shall:
1. establish licensing and renewal of license criteria for applicants;
2. refer disciplinary actions of any individual engaged in the practice of dietetics to the
appropriate government agency for prosecution, whether licensed or otherwise, or, in its
discretion, refer same to the appropriate committee or council;
3. conduct disciplinary hearings, upon specified charges, of a licensee; and
4. direct the Department to promulgate and implement rules and procedures to carry out the
purpose of the Act.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 4: Licensure
Rule 3.4.1 Licensure Requirements: An applicant for licensure shall submit to the Department,
verified by oath, written evidence in form and content satisfactory to the Department that the
applicant:
1. has passed an examination as administered by the Commission on Dietetic Registration or
other examination as approved by the Department;
2. is in good standing in any other state or jurisdiction where licensed;
3. is of good moral character; and
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
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4. is presently in good standing with the Commission on Dietetic Registration.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.4.2 Provisional License: The Board may, in its discretion, issue a provisional license for
the practice of dietetics for a period of one (1) year, providing the applicant submits to the
Department, verified by oath, in form and content satisfactory to the Department that the
applicant:
1. is a resident of the State of Mississippi; and
2. has received a baccalaureate or post-baccalaureate degree from a college or university
accredited through the U.S. Department of Education, Office of Postsecondary Education,
with a major in dietetics or an equivalent major course of study as approved by the
Department; and
3. Submits proof of having successfully completed a planned program of dietetic experience
which makes the applicant eligible for registration by the Commission on Dietetic
Registration, or its successor organization: and
a. will be practicing only under the direct technical supervision of a dietitian.
b. is of good moral character.
4. In its discretion, and upon application, the Board may renew a provisional license from year
to year, not to exceed five (5) years, from the date of the issuance of the original provisional
license.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.4.3 Direct Technical Supervision: Direct technical supervision shall mean a periodic review,
by the licensed dietitian on file as the supervisor with the Department, of the practice of the
provisional licensee. A review shall be conducted no less then once a month, and shall
include a written assessment of the practice of the provisional licensee.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.4.4 Conditions of a Universal Occupational License:
1. Notwithstanding any other provision of law, the Department shall issue a license
in dietetics and at the same practice level to a person who establishes residence
in this state if, upon application to the Department:
a. The applicant holds a current and valid license in good standing in another
state in an occupation with a similar scope of practice, as determined by
the occupational licensing board in Mississippi, and has held this license
from the occupational licensing board in the other state for at least one (1)
year; and
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
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b. There were minimum education requirements and, if applicable, work
experience, examination, and clinical supervision requirements in effect,
and the other state verifies that the applicant met those requirements in
order to be licensed in that state; and
c. The applicant has not committed any act in the other state that would have
constituted grounds for refusal, suspension, or revocation of a license to
practice that occupation in Mississippi at the time the act was committed,
and the applicant does not have a disqualifying criminal record as
determined by the occupational licensing board in Mississippi under
Mississippi law; and
d. The applicant did not surrender a license because of negligence or
intentional misconduct related to the applicant's work in the occupation in
another state; and
e. The applicant does not have a complaint, allegation, or investigation
pending before an occupational licensing board or other board in another
state that relates to unprofessional conduct or an alleged crime. If the
applicant has a complaint, allegation, or investigation pending, the
occupational licensing board in Mississippi shall not issue or deny a
license to the applicant until the complaint, allegation, or investigation is
resolved, or the applicant otherwise satisfies the criteria for licensure in
Mississippi to the satisfaction of the occupational licensing board in
Mississippi; and
f. The applicant pays all applicable fees in Mississippi.
2. Notwithstanding any other law, the Department shall issue a license to an
applicant in dietetics and at the same practice level, as determined by the
Department, to a person who establishes residence in this state based on
work experience in another state, if all the following apply:
a. The applicant worked in a state that does not use a license to regulate a
lawful occupation, but Mississippi uses a license to regulate a lawful
occupation with a similar scope of practice, as determined by the
Department;
b. The applicant worked for at least three (3) years in the lawful occupation;
and
c. The applicant satisfies the provisions of paragraphs (c) through (f) of Rule
3.4.4(1).
3. The Department may require an applicant to pass a jurisprudential examination
Regulations Governing Licensure of Dietitians Mississippi State Department of Health - Office of Health Protection
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specific to relevant state laws in Mississippi that regulate dietitians if the issuance
of a license in Mississippi requires an applicant to pass a jurisprudential
examination specific to relevant state statutes and administrative rules in
Mississippi that regulate dietitians.
4. The Department may require proof of residency. Residence may be established
by demonstrating proof of a state-issued identification card or one (1) of the
following:
a. Current Mississippi residential utility bill with the applicant's name and
address;
b. Documentation of the applicant's current ownership, or current lease of a
residence in Mississippi;
c. Documentation of current in-state employment or a notarized letter of a
promise of employment of the applicant or his or her spouse; or
d. Any verifiable documentation demonstrating Mississippi residency.
5. A license issued under this section is valid only in this state and does not make the
person eligible to be part of an interstate compact.
6. The occupational licensing board shall issue or deny the license to the applicant
within one hundred twenty (120) days after receiving an application.
7. If the application requires longer than two (2) weeks to process, the Department
shall issue a temporary practice permit within thirty (30) days after receiving the
application if the applicant submits an affidavit, under penalties of perjury,
affirming that he or she satisfies the provisions of Rule 3.4.4(3) or Rule 3.4.4(4)
and pays all applicable fees as required by Rule 3.4.4(1)(f).
a. The applicant may practice under the temporary permit until a license is
granted, or until a notice to deny the license is issued, in accordance with
rules adopted by the Department. A temporary license will expire in three
hundred sixty-five (365) days after its issuance if the applicant fails to satisfy
the requirement for licensure in subsections (3) through (5), as applicable.
8. A nonresident dietitian may practice dietetics in Mississippi for five (5) days per
year with a current other state's licensure or with current registration with the
Commission on Dietetics Registration.
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9. The Department may waive the prescribed examination for licensure and
grant a license to any person who shall present proof of current licensure
as a dietitian in another state, the District of Columbia, or territory of the
United States which requires standards for licensure considered by the
advisory council to be greater than or equal to the requirements for
licensure of this chapter if such state or territory extends reciprocity to
licensees of the State of Mississippi. The issuance of a license by
reciprocity to a military-trained applicant, military spouse, or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1 or 73-50-2, as applicable.
10. Denial of Universal License
a. The applicant may appeal any of the following
decisions of an occupational licensing board to a court
of general jurisdiction:
(i)
Denial of a license;
(ii)
Determination of the occupation;
(iii)
Determination of the similarity of the scope of practice
of the license issued; or
(iv)
Other determinations under this section.
b. The court shall determine all questions of law, including the
interpretation of a constitutional or statutory provision or a rule
adopted by the Department, without regard to any previous
determination that may have been made on the question in any
action before the Department.
Rule 3.4.5 Abandonment: An application shall be deemed abandoned by the
Department if, after two (2) years from the date of filing, the requirements
for licensing have not been completed and submitted to the Department.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 5: Professional Practice and Identification
Rule 3.5.1 Practice, Titles and Abbreviation: It shall be unlawful for any
person, corporation or association to, in any manner, represent himself or
itself as a dietitian or nutritionist, send out billings as providing services
covered in Rule 3.1.3, 3.1.3(10), 3.1.3(11), 3.1.3(12), and 3.1.3(13), or use
in connection with his or its name, the titles "dietitian" or "nutritionist" or
use the letters "LD," "LN" or any other facsimile thereof when he or she is
not licensed in accordance with the provisions of these regulations or
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meets the exemptions set forth in Subchapter 9 herein. Notwithstanding
any other provision of these regulations, a dietitian registered by the
Commission on Dietetic Registration (CDR) shall have the right to use the
title "Registered Dietitian" and the designation "R.D.” Registered dietitians
must be licensed pursuant to these regulations to practice dietetics or
provide medical nutrition therapy.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.5.2 Production and Display of License: A person issued a license to
practice dietetics by the Mississippi State Board of Health shall carry said
license at all times and show said license when requested.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 6: Renewal of License
Rule 3.6.1 General Provisions:
1. The Board shall issue licenses which, upon expiration of the initial license,
shall be renewed biennially.
2. The licensure term for regular licenses shall be construed as April 1 of
even numbered years through March 31 of odd numbered years.
3. The Department shall issue provisional licenses which, upon expiration of
the initial provisional license, shall be renewed annually.
4. The licensure term for provisional licenses shall be construed as April 1
through March 31.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.6.2 Procedure for Renewal of License: The Department shall mail
notices, at least thirty (30) days prior to the renewal date, to the last home
address registered with the Board, to the persons to whom licenses were
issued or renewed during the preceding licensure term. The licensee
shall:
1. complete the renewal form;
2. submit proof of continuing education credit as detailed in Subchapter 7 of
these regulations;
3. enclose the renewal fee; and
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4. file the above with the Department prior to the end of the licensure term,
which is the expiration date of the license.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.6.3 Failure to Renew: A licensee who does not file, with the Department, the
renewal application within the renewal period will be deemed to have
allowed his license to lapse. Said licensee may be reinstated by the
Department, in its discretion, by the payment of the renewal fee and a
reinstatement fee, provided said application for reinstatement is made
within two (2) years of the end of the licensure term. Any license that has
lapsed for a full licensure term must, upon re-application, meet the
requirements for licensure at the time of the application.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 7: Continuing Education
Rule 3.7.1 Requirements:
1. Regulations set the requirement for continuing education at thirty (30)
clock hours to be accrued during the two year licensure term.
2. For provisional licensees, regulations set the requirement for continuing
education at fifteen (15) clock hours to be accrued during the one year
provisional licensure term.
3. Licensees registered and in good standing with the Commission on
Dietetic Registration may submit proof, in form and content satisfactory to
the Department, of having met the continuing education requirements of
the CDR in lieu of the provisions of this section.
4. Individuals applying for initial licensure within a licensing term must accrue
continuing education hours on a prorated scale. Written notification of
required hours will be sent to the applicant at the time of licensure.
5. Persons who fail to accrue the required continuing education hours shall
be issued a probationary license for a term of two (2) years or in the case
of provisional licensees, for one (1) year. Failure to accrue the required
hours will automatically result in the revocation of the license. Hours
accrued are first credited for the delinquent hours lacking from the
previous licensure period, and then applied to the present licensing period.
6. Probationary licenses will be issued for one licensure term only. No
ensuing license may be probationary as a result of not meeting continuing
education requirements.
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SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.7.2 Sources of Continuing Education: Continuing education hours may
be accrued from the following sources:
1. Attendance at Mississippi Dietetic Association (MDA) sponsored
meetings, American Dietetic Association (ADA) sponsored meetings, or
other meetings approved for continuing education credit by MDA or ADA.
2. Presentations made before dietitians, medical practitioners, or other health
related professionals and directly related to the profession of dietetics. To
be considered for continuing education credit, material outline and a
synopsis must be submitted to the Department at least sixty (60) days
prior to the presentation date. Notice of approval or disapproval will be
sent following a review by the council. For approved presentations, the
presenter may accrue one (1) hour of continuing education credit for each
hour of the actual presentation, and one (1) hour of preparation time, for a
total of (2) two hours. Presenter credit is given one (1) time only, even
though the session may be presented multiple times. No more than 30%
of total required hours may be accrued through presentations.
Presentations approved by the MDA, whether prior to or subsequent to the
presentation, will be accepted for continuing education credit.
3. Academic course work taken from a regionally accredited college or
university for credit or with a grade of at least a C. The courses must
relate to the profession of dietetics. Courses in supporting fields must
have prior approval of the Department. One academic semester hour
shall be equivalent to fifteen (15) clock hours for continuing education
credit. No more than fifty percent (50%) of total required hours may be
accrued through academic course work.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.7.3 Reporting Procedures for Continuing Education: It is the responsibility
of the licensee to insure that the following criteria are met with respect to
continuing education credit:
1. Attendance at seminars, workshops, presentations, etc., approved by the
MDA and ADA are automatically accepted for credit unless sessions are
duplicated. Verification of attendance may be made by a roster signed by
the program chairman, submission of a continuing education certificate, or
a continuing education reporting form signed by the program chairman.
2. Presentation credits will be accrued when cited on the continuing
education form and accompanied by a copy of the program listing the
presentation, and a copy of the prior letter of approval from the council.
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3. Academic course work credits to be accrued must meet the content
criteria in Rule 3.7.3, be cited by title on the continuing education form,
and must be accompanied by a course description from the college or
university catalog and a copy of the transcript or final grade report.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 8: Revocation, Suspension and Denial of License
Rule 3.8.1 Standards of Conduct: Licensees may, at the discretion of the Board,
have their license suspended, revoked, or denied at the time of renewal if
the Board determines that the licensee:
1. Is guilty of fraud, misrepresentation, concealment of material facts, or
deceit in procuring or attempting to procure a license or renewal of a
license to practice dietetics.
2. Is unfit or incompetent by reason of negligence, habits, or other causes of
incompetency.
3. Is habitually intemperate in the use of alcoholic beverage.
4. Is addicted to, or has improperly obtained, possessed, used, or distributed
habit-forming drugs or narcotics.
5. Is guilty of dishonest or unethical conduct.
6. Is in violation of the Code of Ethics of the American Dietetic Association.
7. Has practiced dietetics after his license has expired or has been
suspended.
8. Has practiced dietetics under cover of any permit or license illegally or
fraudulently obtained or issued.
9. Has violated, aided, or abetted others in violation of any provision of these
regulations, rules of the Board or Department, or the Act.
10. Is convicted of a crime in any court other than a misdemeanor.
11. Has engaged in any conduct considered by the Board to be detrimental to
the profession of dietetics.
SOURCE: Miss. Code Ann. § 73-10-21.
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Rule 3.8.2 Summary Suspension: The Board may summarily suspend a license
without a hearing, simultaneously with the filing of a formal complaint and
notice of hearing, if the Board determines that:
1. The health, safety, or welfare of the general public is in immediate danger;
or
2. The licensee's physical capacity to practice his profession is in issue; or
3. The licensee's mental capacity to practice his profession is in issue.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.8.3 Complaints: All complaints concerning a licensee shall be reviewed by
the Department to determine what action, if any, shall be initiated.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.8.4 Notice of Charges and Hearing:
1. Following the investigative process, the Department may file formal
charges against the licensee. Such formal complaint shall, at a minimum,
inform the licensee of the facts which are the basis of the charge and
which are specific enough to enable the licensee to defend against the
charges.
2. Each licensee, whose conduct is the subject of a formal charge which
seeks to impose disciplinary action against the licensee, shall be served
notice of the formal charge at least fifteen (15) days before the date of
hearing. A hearing shall be presided over by the Board or the Board's
designee. Service shall be considered to have been given if the notice
was personally received by the licensee, or the notice was mailed
certified, return receipt requested, to the licensee at the licensee's last
known home address as listed with the state agency.
3. The notice of the formal hearing shall consist at a minimum of the
following information:
a. The time, place, and date of hearing;
b. That the licensee shall appear personally at the hearing and may
be represented by counsel;
c. That the licensee shall have the right to produce witnesses and
evidence in the licensee's behalf and shall have the right to cross-
examine adverse witnesses and evidence;
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d. That the hearing could result in disciplinary action being taken
against the licensee's license;
e. That rules for the conduct of these hearings exist and it may be in
the licensee's best interest to obtain a copy; and
f. That the Board, or its designee, shall preside at the hearing and
following the conclusion of the hearing shall make findings of facts,
conclusions of law and recommendations, separately stated, to the
Board as to what disciplinary action, if any, should be imposed on
the licensee.
4. The Board or its designee shall hear evidence produced in support of the
formal charges and contrary evidence produced by the licensee. At the
conclusion of the hearing, the Board shall issue an order, within sixty (60)
days.
5. Disposition of any complaints may be made by consent order or stipulation
between the Board and the licensee.
6. All proceedings pursuant to this section are matters of public record and
shall be preserved pursuant to state law.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.8.5 Board Sanctions: The Board may impose any of the following sanctions,
singly or in combination, when it finds that a licensee is guilty of any of the
above offenses:
1. Revocation of the license;
2. Suspension of the license, for any period of time;
3. Censure the licensee;
4. Issue a letter of reprimand to the licensee;
5. Place a license on probationary status and require the licensee to submit
to any of the following:
a. report regularly to the Board upon matters which are the basis of
probation;
b. continue to renew professional education until a satisfactory degree
of skill has been attained in those areas which are the basis of
probation; or
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c. such other reasonable requirements or restrictions as are proper;
d. Refuse to renew a license; or
e. Impose a cost assessment; or
f. Revoke probation which has been granted and impose any other
disciplinary action in this subsection when the requirements of
probation have not been fulfilled or have been violated.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.8.6 Appeal: Any person aggrieved by a decision of the Board shall have a
right of appeal in the manner provided for in the Act and the Laws of the
State of Mississippi.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 9: Exceptions and Exemptions
Rule 3.9.1 Exceptions: No person shall engage in the practice of dietetics or
represent himself to be a dietitian unless he is licensed by the Board,
except as otherwise provided in this section.
1. A student enrolled in an approved academic program in dietetics, if such
practice constitutes a part of a supervised course of study, and if the
student is designated by a title which clearly indicated his or her status as
a student or trainee.
2. A registered dietitian who is serving in the Armed Forces or the Public
Health Service of the United States or is employed by the Veteran Affairs
provided such practice is related to such service or employment.
3. Any person providing dietetic services, including but not limited to dietetic
technicians, dietetic assistants, and dietary managers, working under the
direct technical supervision of a licensed dietitian, except that such
persons may not use the title "dietitian" or "nutritionist."
4. Persons licensed or registered to practice the health professions when
covered under the scope of practice of his or her profession, except that
such persons may not use the title "dietitian" or "nutritionist."
5. Persons who perform the activities and services of a nutrition educator in
the employ of a federal, state, county or municipal agency, or another
political subdivision, or a chartered elementary or secondary school or
accredited degree-granting educational institution insofar as such activities
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and services are part of a salaried position except that such persons may
not use the title "dietitian" or "nutritionist.".
6. Federal, state, county or local employees involved with programs
providing the services of nutrition educator that help to prevent disease
and maintain good nutritional health, including but not limited to the
Cooperative Extension Service, the Child Nutrition Program, and Project
Head Start, except that such persons may not use the title "dietitian" or
"nutritionist."
7. Individuals who do not hold themselves out to be dietitians from marketing
or distributing food products including dietary supplements as defined by
the Food and Drug Administration or from engaging in the explanation and
education of customers regarding the use of such products, except that
such persons may not use the title "dietitian" or "nutritionist."
8. Any individual who provides individualized nutrition recommendations,
nutrition information, guidance, encouragement, health coaching, holistic
and wellness education, motivation, behavior change management, or
non-medical weight control services, provided that the individual does not:
(i) provide medical nutrition therapy as defined in Rule 3.1.3(11) or (ii) hold
himself or herself out as a licensed dietitian or licensed nutritionist as
prohibited under Rule 3.5.1.
9. A nonresident dietitian may practice dietetics in Mississippi for five (5)
days with other state's licensure or with registration with the American
Dietetics Association.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 10: Criminal Offenses and Punishment
Rule 3.10.1 Offenses: Any person who violates any provision of the Act, or these
regulations promulgated thereto shall, upon conviction thereof, be guilty of
a misdemeanor.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.10.2 Punishment: Such misdemeanor shall, upon conviction, be punishable
by a fine of not more than One Thousand Dollars ($1,000.00) or by
imprisonment for not more than six (6) months or by both fine and
imprisonment for each offense.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 11: Fees
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Rule 3.11.1 Method of Payment: In accordance with the enabling statute, the
following fees, where applicable, are payable to the State Board of Health
by certified check, cashiers check, or money order. Fees paid are non-
refundable.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.11.2 Schedule of Fees:
1. Initial Licensure Fee - $100.00
2. Renewal Fee - $100.00
3. Provisional License Fee - $50.00
4. Provisional License Renewal Fee - $50.00
5. Provisional License Upgrade Fee - $50.00
6. Reinstatement Fee - $200.00
7. Replacement Fee - $50.00
8. License Verification Fee - $25.00
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.11.3 Examination Fee: Fees for examination are to be paid directly to the
appropriate testing organization.
SOURCE: Miss. Code Ann. § 73-10-21.
Subchapter 12: Administrative Grievance Procedure
Rule 3.12.1 Administrative Appeals: All persons aggrieved by a decision regarding
the initial application for licensure or the renewal of licensure shall have
the right of administrative appeal and a hearing to be conducted according
to the policy of the Department of Health.
SOURCE: Miss. Code Ann. § 73-10-21.
Rule 3.12.2 Notification: Written notice will be provided to all applicants regarding
denial of an original license or a renewal license. Such notice shall
contain the reason thereof and shall offer the applicant an opportunity to
submit additional information pertinent to their application for a second
review by the Department.
SOURCE: Miss. Code Ann. § 73-10-21.
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Rule 3.12.3 Hearing:
1. If requested in writing within the specified time frame a hearing will be
provided in which the applicant may show cause why the license should
be granted or renewed.
2. Within sixty (60) days of the hearing, or other such time frame as
determined during the hearing, written findings of fact, together with a
recommendation for action on the license in question, shall be forwarded
to the State Health Officer. The State Health Officer shall decide what
action will be taken on the recommendation within five days (5) of its
receipt. Written notice shall be provided to the applicant.
SOURCE: Miss. Code Ann. § 73-10-21.
