Session of 1999
         
HOUSE BILL No. 2072
         
By Representative Dreher
          
1-21
          
  9             AN  ACT concerning the dietitians licensing act; relating to certain die-
10             tetic services supervisors; amending K.S.A. 1998 Supp. 65-5912 and
11             repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 65-5912 is hereby amended to read as
15       follows: 65-5912. (a) Nothing in this act shall be construed to require any
16       insurer or other entity regulated under chapter 40 of the Kansas Statutes
17       Annotated or any other law of this state to provide coverage for or in-
18       demnify for the services provided by a person licensed under this act.
19             (b) So long as the following persons do not hold themselves out to
20       the public to be dietitians or licensed dietitians or use these titles in
21       combination with other titles or use the abbreviation L.D., or any com-
22       bination thereof, nothing in this act shall be construed to apply:
23             (1) To any person licensed to practice the healing arts, a licensed
24       dentist, a licensed dental hygienist, a licensed professional nurse, a li-
25       censed practical nurse, a licensed psychologist, a licensed masters level
26       psychologist, a licensed pharmacist or an employee thereof, a physician's
27       assistant, a licensed professional counselor;
28             (2) to any unlicensed employee of a licensed adult care home or a
29       licensed medical care facility as long as such person is working under the
30       general direction of a licensee in the healing arts, nursing or a dietetic
31       services supervisor as defined in regulations adopted by the secretary of
32       health and environment subsection (d) or a consultant licensed under this
33       act;
34             (3) to any dietetic technician or dietetic assistant;
35             (4) to any student enrolled in an approved academic program in di-
36       etetics, home economics, nutrition, education or other like curriculum,
37       while engaged in such academic program;
38             (5) to prevent any person, including persons employed in health food
39       stores, from furnishing nutrition information as to the use of food, food
40       materials or dietary supplements, nor to prevent in any way the free dis-
41       semination of information or of literature as long as no individual engaged
42       in such practices holds oneself out as being licensed under this act;
43             (6) to prohibit any individual from marketing or distributing food

HB 2072

2

  1       products, including dietary supplements, or to prevent any such person
  2       from providing information to customers regarding the use of such
  3       products;
  4             (7) to prevent any employee of the state or a political subdivision who
  5       is employed in nutrition-related programs from engaging in activities in-
  6       cluded within the definition of dietetics practice as a part of such person's
  7       employment;
  8             (8) to any person who performs the activities and services of a li-
  9       censed dietitian or nutrition educator as an employee of the state or a
10       political subdivision, an elementary or secondary school, an educational
11       institution, a licensed institution, or a not-for-profit organization;
12             (9) to any person serving in the armed forces, the public health serv-
13       ice, the veterans administration or as an employee of the federal
14       government;
15             (10) to any person who has a degree in home economics insofar as
16       the activities of such person are within the scope of such person's edu-
17       cation and training;
18             (11) to any person who counsels or provides weight-control services
19       as a part of a franchised or recognized weight-control program or a
20       weight-control program that operates under the general direction of a
21       person licensed to practice the healing arts, nursing or a person licensed
22       under this act;
23             (12) to any person who is acting as a representative of a trade asso-
24       ciation and who engages in one or more activities included within the
25       practice of dietetics as a representative of such association;
26             (13) to a registered physical therapist who makes a dietetic or nutri-
27       tional assessment or gives dietetic or nutritional advice in the normal
28       practice of such person's profession or as otherwise authorized by law;
29             (14) to a dietitian licensed, registered or otherwise authorized to
30       practice dietetics in another state who is providing consultation in this
31       state;
32             (15) to any person conducting a teaching clinical demonstration
33       which is carried out in an educational institution or an affiliated clinical
34       facility or health care agency;
35             (16) to any person conducting classes or disseminating information
36       relating to nonmedical nutrition; or
37             (17) to any person permitted to practice under K.S.A. 65-2872a and
38       amendments thereto.
39             (c) Nothing in this act shall be construed to interfere with the relig-
40       ious practices or observances of a bona fide religious organization, nor to
41       prevent any person from caring for the sick in accordance with tenets and
42       practices of any church or religious denomination which teaches reliance
43       upon spiritual means through prayer for healing.

HB 2072

3

  1             (d) As used in paragraph (2) of subsection (b), "Dietetic services su-
  2       pervisor" means an individual who meets one of the following
  3       requirements:
  4             (1) Is licensed in the state of Kansas as a dietitian;
  5             (2) has an associate's degree in dietetic technology from a program
  6       approved by the American dietetic association;
  7             (3) is certified as a certified dietary manager by the certifying board
  8       for dietary managers of the Kansas dietary managers association and
  9       maintains that certification by satisfactorily completing 45 hours of con-
10       tinuing education that has been approved for this purpose by the Kansas
11       dietary managers association during each three-year period after attain-
12       ing that certification;
13             (4) has satisfactorily completed the course curriculum that is required
14       to take the examination for certification as a certified dietary manager
15       and that is approved for this purpose by the Kansas dietary managers
16       association; or
17             (5) has training and experience in dietetic services supervision and
18       management that is determined by the secretary of health and environ-
19       ment to be equivalent in content to the program in paragraphs (2), (3)
20       and (4) of this subsection. 
21       Sec.  2. K.S.A. 1998 Supp. 65-5912 is hereby repealed.
22        Sec.  3. This act shall take effect and be in force from and after its
23       publication in the Kansas register.