Adopt Diet 100 to read as follows:

CHAPTER Diet 100 ORGANIZATIONAL RULES

REVISION NOTE:

Document #14152, effective 2-11-25, readopted with amendment Diet 103.02 titled “Responsibilities of the Board” and Diet 103.03 titled “Officers”; repealed Diet 103.05 titled “Ineligibility of Board Members to Participate” and Diet 103.07 titled “Public Access to Minutes”; and readopted with amendment Part Diet 104 titled “Public Information”, containing Diet 104.01 titled “Office Location, Mailing Address, and Telephone” and Diet 104.02 titled “Custodian of Records; Inspection and Copies of Records”, retitled as “Custodian of Records; Inspection, Minutes, and Copies of Records”. The repeal of Diet 103.05 necessitated the renumbering, but not readoption, of Diet 103.06 titled “Records of Board Actions” as Diet 103.05 as indicated in the source note for Diet 103.05.

The prior filings for the repealed Diet 103.05 and Diet 103.07, and the renumbered Diet 103.05, included only Document #7171, effective 10-3-02, which was subject to expiration only pursuant to RSA 541-A:17, II.

As organizational rules, the rules Diet 103.02, Diet 103.03, Diet 104.01, and Diet 104.02 in Document #14152 will not expire except pursuant to RSA 541-A:17, II.

PART Diet 101 PURPOSE

Diet 101.01 Purpose. These rules implement the statutory responsibilities of the New Hampshire board of licensed dietitians created under RSA 326-H:7.

Source. #7771, eff 10-3-02

PART Diet 102 DEFINITIONS

Diet 102.01 Terms Used. The following terms shall have the following definitions:

(a) “Administrator” means the person with delegated authority to perform administrative and clerical functions for the board.

(b) “Board” means "board" as defined in RSA 326-H:3, I, namely, "the board of licensed dietitians."

(c) "Commission on Dietetic Registration (CDR)" means "Commission on Dietetic Registration" as defined in RSA 326-H:3, II, namely, "the national autonomous credentialing body."

(d) "Dietitian" means “dietitian” as defined by RSA 326-H:3, III, namely “a person who is a food and nutrition professional who meets the minimum academic and professional requirements that have enabled that individual to be credentialed by the Commission on Dietetic Registration as a registered dietitian."

(e) "Licensee" means a person who holds a license issued by the board.

Source. #7771, eff 10-3-02

PART Diet 103 DESCRIPTION OF THE AGENCY

Diet 103.01 Composition of the Board. The board consists of 5 members appointed in accordance with RSA 326-H:7.

Source. #7771, eff 10-3-02

Diet 103.02 Responsibilities of the Board. The board’s responsibilities include:

(a) Adopting rules relative to:

(1) Disciplinary conduct in accordance with RSA 326-H:16;

(2) Qualifications of applicants;

(3) Continuing education of licensees and the criteria for the approval of continuing education programs;

(4) Ethical and professional standards for the practice of licensees; and

(5) Any other matters necessary for the proper administration of RSA 326-H; and

(b) The adjudication of proceedings in compliance with Plc 200.

Source. #7171, eff 10-3-02; ss by #14152, eff 2-11-25 (see Revision Note at chapter heading for Diet 100)

Diet 103.03 Officers. The board selects its chairperson from among its members.

Source. #7171, eff 10-3-02; ss by #14152, eff 2-11-25 (see Revision Note at chapter heading for Diet 100)

Diet 103.04 Meetings.

(a) The board shall meet no fewer than 4 times a year, and at such additional times as the board chair, or a majority of the board, shall designate.

(b) The time and place of the meetings shall be noticed to the public in accordance with RSA 91-A:2, II.

Source. #7771, eff 10-3-02

Diet 103.05 Records of Board Actions.

(a) Minutes shall be kept of board meetings and of official actions taken by the board.

(b) The minutes shall record the members who participate in each vote and shall separately record the position of members who choose to dissent, abstain or concur.

Source. #7771, eff 10-3-02

PART Diet 104 PUBLIC INFORMATION

Diet 104.01 Office Location, Mailing Address, and Telephone.

(a) The board’s office location, mailing address, and telephone are as follows:

Board of Licensed Dietitians

c/o Office of Professional Licensure and Certification

7 Eagle Square

Concord, NH 03301

603-271-2152

(b) Correspondence, filings, and other communications intended for the board shall be addressed to “The Office of Professional Licensure and Certification, New Hampshire Board of Licensed Dietitians” at the location stated in Diet 104.01(a).

(d) Access for in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.

Source. #7171, eff 10-3-02; ss by #14152, eff 2-11-25 (see Revision Note at chapter heading for Diet 100)

Diet 104.02 Custodian of Records; Inspection, Minutes, and Copies of Records. The office of professional licensure and certification shall make the board's records available in accordance with Plc 103.

Source. #7171, eff 10-3-02; ss by #14152, eff 2-11-25 (see Revision Note at chapter heading for Diet 100)

CHAPTER Diet 200 RULES OF PRACTICE AND PROCEDURE

REVISION NOTE:

Document #13861, effective 4-2-24, repealed Part Diet 201 through Part Diet 216 in Chapter Diet 200, titled “Procedural Rules”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13861 also adopted a new Part Diet 201 titled “Applicability and Waiver of Substantive Rules”, containing Diet 201.01 titled “Rules of Practice and Procedure” and Diet 201.02 titled “Waiver of Administrative Rules.”

Document #13861 replaces all prior filings affecting the rules in the former Chapter Diet 200. The prior filings included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#7937, eff 8-23-03

#7938, eff 8-23-03 (Diet 216 only)

#8336, eff 5-1-05 (Diet 216 only)

#10690, eff 10-9-14 (Diet 216 only)

#13571, eff 4-25-23 (Diet 204.03 only)

As practice and procedure rules, the rules in Document #13861 will not expire except pursuant to RSA 541-A:17, II.

PART Diet 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Diet 201.01 Rules of Practice and Procedure. The Plc 200 rules shall govern with regards to all procedures for:

(a) Adjudicatory proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) All statements of policy and interpretation;

(g) Explanation of adopted rules; and

(h) Voluntary surrender of licenses.

Source. (See Revision Note at chapter heading for Diet 200) #13861, eff 4-2-24

Diet 201.02 Waiver of Administrative Rules.

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 326-H;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

Source. (See Revision Note at chapter heading for Diet 200) #13861, eff 4-2-24

CHAPTER Diet 300 LICENSE REQUIREMENTS

PART Diet 301 DEFINITIONS

Diet 301.01 “Registered dietitian (RD)” or “registered dietitian nutritionist (RDN)” means an individual registered with the Commission on Dietetic Registration or its successor organization.

Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14235, eff 6-10-25, EXPIRES: 6-10-35 (formerly Diet 301.02)

PART Diet 302 APPLICATION PROCEDURE

Diet 302.01 Application Process.

(a) Each person who wishes to apply for a license to practice as a dietitian in New Hampshire shall do so by submitting the following:

(1) The “Universal Application for Initial Licensure” as required by Plc 304.01(a)(1);

(2) The “Dietitian Addendum to the Universal Application for Initial Licensure” as required in Diet 302.02;

(3) All additional supporting materials specified by Diet 302.03; and

(4) The license fee required by Plc 1002.12 and the fee required by Plc 1001.08.

(b) An application form shall be processed in accordance with Plc 304.06 through Plc 304.11.

Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14 ss by #14235, eff 6-10-25, EXPIRES: 6-10-35

Diet 302.02 Application Forms.

(a) Each applicant for a license to practice as a dietitian in the state of New Hampshire shall complete and submit the “Universal Application for Initial Licensure” required by Plc 304.01(a)(1).

(b) In addition to the application required by (a) above, the applicant for licensure shall provide the following information on the “Dietitian Addendum to the Universal Application for Initial Licensure”:

(1) Any other name by which the applicant has ever been known; and

(2) The applicant's registered dietitian number issued by the Commission on Dietetic Registration (CDR), and whether the applicant was registered on or before December 31, 2000;

Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14 ss by #14235, eff 6-10-25, EXPIRES: 6-10-35

Diet 302.03 Required Supporting Materials. In addition to the completed application forms, the applicant shall submit or cause to be submitted to the OPLC:

(a) A letter verifying the applicant’s registration with the CDR, sent by CDR directly to the OPLC; and

(b) A detailed explanation of any yes answer on the “Universal Application for Initial Licensure” described in Plc 304.03(e).

Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14 ss by #14235, eff 6-10-25, EXPIRES: 6-10-35

PART Diet 303 QUALIFICATIONS FOR LICENSURE

Diet 303.01 Educational and Examination Qualifications.

(a) Unless registered as a dietitian with the CDR on or before December 31, 2000, an applicant for licensure shall:

(1) Hold a baccalaureate or higher degree from a college or university approved by the board pursuant to Diet 303.02;

(2) Have completed a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, public health nutrition, or food systems management;

(3) Have successfully completed one of the following as required by the CDR at the time of the applicant's first registration with the CDR:

a. A dietetic internship of no less than 900 hours;

b. A pre-professional practice program; or

c. A coordinated program with documented experience in the practice of dietetics under supervision of a registered, certified, or licensed dietitian; and

(4) Have successfully passed the examination administered by the CDR.

(b) An applicant registered as a dietitian with the CDR on or before December 31, 2000 shall, pursuant to RSA 326-H:12-a, be deemed to have met the requirements of (a) above.

Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14 ss by #14235, eff 6-10-25, EXPIRES: 6-10-35

Diet 303.02 Denial of Initial Registration. A registration shall be denied if the OPLC finds that the applicant has:

(a) Failed to file completed initial application forms required by Diet 302.02 and all required supporting documentation required by Diet 302.03;

(b) Failed to submit the fees required by Plc 1001.08 and Plc 1002.12;

(c) Failed to show they are of good character as evidenced by the “yes” answer to the question on the initial application form required at Plc 308.06(e); or

(d) Failed to fulfill any other condition of registration, including the terms of any settlement or agreement with any other jurisdiction.

Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14 ss by #14235, eff 6-10-25, EXPIRES: 6-10-35

Diet 303.03 Standards for Approval of College or University. Colleges and universities that are approved by the Accreditation Council for Education in Nutrition and Dietetics (ACEND), or its successor organization, shall be approved.

Source. #8336, eff 5-1-05 (from Diet 303.02), EXPIRED: 5-1-13

New. #10691, eff 10-9-14 ss by #14235, eff 6-10-25, EXPIRES: 6-10-35

PART 304 FEES

Diet 304.01 Fee Schedule. Fees shall be as required by Plc 1001.08 and Plc 1002.12.

Source. #7772, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14 ss by #14235, eff 6-10-25, EXPIRES: 6-10-35

CHAPTER Diet 400 CONTINUED STATUS

REVISION NOTE:

Document #14314, effective 9-9-25, adopted, readopted, readopted with amendment, or repealed all of the rules in Chapter Diet 400 titled “Continued Status.” These actions by Document #14314 necessitated the renumbering of various existing rules in Chapter Diet 400 as noted in the source notes. Document #14314 replaces all prior filings affecting the former rules in Chapter Diet 400.

The following rules were repealed by Document #14314:

Diet 401.02 defining “Commission on Dietetic Registration (CDR)”

Diet 402.02 titled “Application for License Renewal”

Diet 403.03 titled “Reinstatement of Licenses Lapsed for No More Than 90 days”

Diet 404.01 titled “License Revocation”

Diet 404.02 titled “License Suspension”

Diet 404.03 titled “Reinstatement of License Following Suspension”

Diet 404.04 titled “Reinstatement of License Following Revocation”

Diet 404.05 titled “Sanctions In Lieu of Suspension”

Diet 406.01 titled “Ongoing Education Requirements”

Diet 406.02 titled “Supporting Materials and Board Verification of Compliance with Professional Education Requirements”

Diet 406.03 titled “Retention of Records by Licensees”

The prior filings affecting the repealed Diet 401.02 and Diet 402.02 included the following documents”

#7938, eff 8-23-03

#8336, eff 5-1-05, EXPIRED: 5-1-13

#10691, eff 10-9-14

The prior filings affecting the repealed Diet 403.03 included the following documents:

#13570, eff 4-25-23

The prior filings affecting the repealed Diet 404.01 through Diet 404.04 included the following documents:

#7938, eff 8-23-03

#8336, eff 5-1-05, EXPIRED: 5-1-13

#10691, eff 10-9-14; renumbered by #13570 (formerly Diet 403.01-Diet 403.04)

The prior filings affecting the repealed Diet 404.05 included the following documents:

#8336, eff 5-1-05, EXPIRED: 5-1-13

#10691, eff 10-9-14; renumbered by #13570 (formerly Diet 403.05)

The prior filings affecting the repealed Diet 406.01 included the following documents:

#7938, eff 8-23-03

#8336, eff 5-1-05, EXPIRED: 5-1-13

#10691, eff 10-9-14

#13570, eff 4-25-23 (formerly Diet 405.01)

The prior filings affecting the repealed Diet 406.02 and Diet 406.03 included the following documents:

#7938, eff 8-23-03

#8336, eff 5-1-05, EXPIRED: 5-1-13

#10691, eff 10-9-14

Renumbered by #13570, (formerly Diet 405.02 and Diet 405.03)

Document #14314 readopted with extensive amendments Diet 405.05 titled “Procedure for Obtaining Approval of Activities for Continuing Professional Education Credits” and renumbered it as 2 rules—Diet 405.05 titled “Documentation of Continuing Education” and Diet 405.06 titled “Audit Procedure”.

PART Diet 401 DEFINITIONS

Diet 401.01 “Activity” means a program, a presentation, a course of study or independent self-study, an examination, reading or writing of peer-reviewed professional publications relating to the field of dietetics, a seminar, or a meeting, that is attended, taken, undertaken, or presented by a person in fulfillment of the continuing professional education credit requirement set forth in these rules.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 401.02 “Peer-reviewed professional publication” means a book, magazine, journal, or other publication, the primary purpose of which is to report original research or review articles in the field of dietetics and which includes citations to sources, the name of the author, a statement that the publication has been reviewed by an editorial board prior to publication, the names of the individuals on the editorial board and the name of the professional society or organization issuing the publication.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 401.03)

Diet 401.03 “Quarterly course” means a college or university course, the duration of which is one-fourth of the institution’s academic year.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 401.04)

Diet 401.04 “Semester-long course” means a college or university course, the duration of which is one-half of the institution’s academic year.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 401.05)

Diet 401.05 “Trimester course” means a college or university course, the duration of which is one-third of the institution’s academic year.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 401.06)

PART Diet 402 RENEWAL OF LICENSES

Diet 402.01 Procedure for Renewal of Licenses.

(a) Any licensee wishing to renew a license shall do so in accordance with Plc 308.09 through Plc 308.12.

(b) The licensee wishing to renew their license shall submit to the office of professional licensure and certification (OPLC):

(1) A completed “Universal Application for License Renewal” required in Diet 402.02(a);

(2) A completed “Dietitian Addendum to the Universal Application for License Renewal” required in Diet 402.02(b); and

(3) The renewal fees required by Plc 1001.08 and Plc 1002.12.

(c) A person who was previously licensed by the OPLC but whose license expired pursuant to a settlement or agreement shall apply to have that license reinstated in accordance with the terms of the settlement or agreement and meet any additional requirements required by Diet 403.

(d) A person who was previously licensed by the OPLC but whose license expired while under suspension shall apply to have that license reinstated in accordance with Diet 403.03 and meet any additional requirements required by Diet 403.

(e) A person who was previously licensed by the OPLC but whose license has been revoked shall apply to have that license reinstated in accordance with the terms of the revocation in accordance with Diet 403.04 and meet any additional requirements required by Diet 403.

(f) A licensee may apply for renewal of a license during a period of suspension, but any renewed license shall be issued subject to completion of the term of suspension.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #13570, eff 4-25-23; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 402.02 Renewal Application Form.

(a) Each applicant for a license to practice as a dietitian in the state of New Hampshire shall complete and submit the “Universal Application for License Renewal” required by Plc 308.05(b)(1).

(b) In addition to the application required by (a), above, the applicant for license renewal shall provide on the “Dietitian Addendum to the Universal Application for License Renewal” the following:

(1) Yes or no to the question “Have you completed a minimum of 20 hours of continuing education within the immediately preceding 2 years as required by Diet 405?”; and

(2) The applicant’s registered dietitian number issued by the Commission on Dietetic Registration (CDR), and whether the applicant was registered on or before December 31, 2000.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 402.03)

Diet 402.03 Denial of Renewal. License renewal shall be denied if the OPLC finds that the applicant has:

(a) Failed to file a renewal application form and all required supporting documentation prior to the date of expiration of the license;

(b) Failed to submit the fees with the renewal application as required by Plc 1001.08 and Plc 1002.12;

(c) Failed to complete a minimum of 20 credit hours of continuing professional education in the 2 years prior to the expiration of any license or renewed license;

(d) Answered “yes” to the question on the renewal application form described at Plc 308.06(e); or

(e) Failed to fulfill any other condition of licensure, including the terms of any settlement or agreement with the board.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 402.04)

PART Diet 403 REINSTATEMENT OF LICENSES

Diet 403.01 Licenses Subject to Reinstatement. Licenses subject to reinstatement by the OPLC under this section shall be those licenses lapsed for no more than one year.

Source. #13570, eff 4-25-23; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 403.02 Procedures for Processing Reinstatement Applications. Applications for license reinstatement shall be processed in accordance with Plc 312.

Source. #13570, eff 4-25-23; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 403.03 Eligibility Requirements for Reinstatement of Licenses Lapsed for No More Than One Year. The OPLC shall reinstate licenses lapsed for no more than one year if the affected individuals:

(a) Are of good professional character, as evidenced by:

(1) The answers to the “yes-no” questions on the reinstatement application form; and

(2) Any detailed reports submitted, indicating relevant circumstances which are related to answers to those questions as described in Plc 308.06(e); and

(3) The resume described in Diet 403.05(b);

(b) Have, within the 2 years preceding the submission of the reinstatement application, completed a minimum of 20 credit hours of continuing professional education as described in Diet 404; and

Source. #13570, eff 4-25-23; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 403.04)

Diet 403.04 Reinstatement Application Forms. The applicant shall complete and submit the following:

(a) The “Universal Application for License Renewal” required in Plc 308.06; and

(b) The “Dietitians Reinstatement Addendum to the Universal Application for License Renewal” requiring a yes or no answer to the question “Have you practiced as a dietitian in New Hampshire since the date your license lapsed?”.

Source. #13570, eff 4-25-23; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 403.05)

Diet 403.05 Supporting Materials. The applicant shall provide the following supporting materials with their reinstatement application:

(a) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on the application form are in the affirmative and relevant supporting documents;

(b) A resume containing a chronologically organized account of the applicant's paid or volunteer work experience as a dietitian for the past 10 years, including:

(1) Each separate experience in paid or volunteer work:

(2) The period of each separate experience described by the month and year it began and month and year it ended; and

(3) The physical address of each experience;

(c) Unless the information is available only on a website, an official letter of verification sent directly to the OPLC from every jurisdiction which has issued a license or other authorization to practice in any health care field since the date that the license lapsed:

(1) Stating that such license or other authorization is or was, during its period of validity, in good standing, and

(2) Stating whether any disciplinary action was taken against the license or other authorization to practice;

(d) Evidence of completion of continuing education described in Diet 405; and

(e) A certification verifying Certified Dietitian Registration (CDR) registration directly from the issuing body.

Source. #13570, eff 4-25-23; ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 403.06)

Diet 403.06 Activation of a License That Lapsed for More Than One Year. A licensee who wishes to reactivate a license lapsed for more than one year shall apply for an initial license complying with Diet 302 and provide documentation of completion of a minimum of 20 hours of continuing education in accordance with Diet 405 within the immediately preceding 2 years.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 403.07 Reinstatement of a Suspended License. A licensee who wishes to reinstate a suspended license shall do so in accordance with Plc 312.04.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

PART Diet 404 DISCIPLINARY MATTERS

Diet 404.01 Definitions.

(a) “Sexual misconduct” means engaging in one or more of the following activities with respect to a current client who is not a spouse:

(1) Engaging in sexual relations, whether consensual or non-consensual;

(2) Making verbal or physical sexual advances;

(3) Using sexual language or phrases;

(4) Requesting sexual favors; or

(5) Engaging in physical contact of a sexual nature.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 404.02 Misconduct. Misconduct shall be:

(a) Knowingly or negligently providing inaccurate material information to the board or OPLC or failing to provide complete and truthful material information upon inquiry by the board or OPLC, including during the process of applying for a license, license renewal, or license reinstatement;

(b) Conviction of a felony or any offense involving moral turpitude;

(d) Violation of Diet 500;

(e) Engaging in sexual misconduct;

(f) Failure to provide care with reasonable skill, safety, and regard for client rights, whether or not the client has suffered injury;

(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction;

(h) Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state;

(i) Unfitness or incompetency by reason of negligent or willful acts performed in a manner inconsistent with the health or safety of persons under their care;

(j) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice;

(k) Mental or physical incompetency to practice under this chapter;

(l) Practice without a currently valid license; and

(m) Violation of:

(1) Any provision of RSA 326-H;

(2) Any provision of RSA 310 as applicable;

(3) Any rule adopted by the board; or

(4) Any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 404.03 Sanctions.

(a) Disciplinary measures available to the board to sanction misconduct, pursuant to RSA 310:12, shall be:

(1) Reprimand;

(2) Suspension of a license for a period of time as determined reasonable by the board;

(3) Revocation of license;

(4) Placing the licensee on probationary status and submit one or more of the following:

a. Regular reporting to the board concerning the matters which are the basis of the probation;

b. Continuing professional education until a satisfactory degree of skill has been achieved in those areas which are the basis of probation;

c. Submitting to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility approved by the board; or

d. Practicing under the direct supervision of another licensee for a period of time specified by the board; and

(5) The imposition of an administrative fine, pursuant to RSA 310:12, I-a(e), not to exceed $3,000 per offense, $300.00 for each day the violation continues, whichever is greater.

(b) In the case of sanctions for discipline in another jurisdiction, the decision of the other jurisdiction's disciplinary authority shall not be collaterally attacked and the board, after following the procedure outlined in Diet 404.04, Diet 404.05, and Diet 404.06 shall impose any of the sanctions set forth in this chapter, but shall provide notice and an opportunity to be heard prior to imposing any sanctions.

(c) In cases involving a reasonable belief there is an imminent danger to public health, safety, or welfare, the board shall order immediate suspension of a license pending an adjudicative proceeding to determine if the suspension should remain in place pending final adjudication of the matter. The hearing, before the board, shall commence no later than 10 working days after the date of the order suspending the license unless the licensee or certified individual agrees in writing to a longer period. In such cases of immediate danger, the board shall comply with RSA 541-A:30.

(d) For any order issued in resolution of a disciplinary proceeding by the board, where the board has found misconduct sufficient to support disciplinary action, the board shall require the licensee who is the subject of such finding to pay the OPLC the reasonable cost of investigation and prosecution of the proceeding, but which shall not exceed $10,000. This sum shall be imposed in addition to any otherwise authorized administrative fines levied by the board as part of the penalty. The investigative and prosecution costs shall be assessed by the OPLC.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 404.04 Procedure for Imposition of Sanctions. Other than immediate license suspension the board shall impose disciplinary sanctions only:

(a) After prior notice to the licensee in accordance with Plc 200 and the opportunity for the licensee to be heard; or

(b) By agreement in a settlement between the board and the licensee made pursuant to Plc 200.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 404.05 Determinations Required for Sanctions.

(a) In determining which sanction or combination of sanctions to impose, the board shall:

(1) First determine the nature of the act or omission constituting the misconduct done by the licensee;

(2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

(3) Finally, apply the standards in Diet 404.06.

(b) The characteristics shall be:

(1) The misconduct actually caused physical or mental harm to the client or another person;

(2) The misconduct had the potential to cause physical or mental harm to the client or another person;

(3) The misconduct repeated earlier misconduct done by the licensee, as determined by:

a. An earlier adjudicatory hearing;

b. An earlier settlement agreement predicated on the same misconduct by the licensee; or

c. An admission by the licensee;

(4) The misconduct was not the first misconduct by the licensee, as determined by:

a. An earlier adjudicatory hearing;

b. An earlier settlement agreement predicated on the same misconduct by the licensee; or

c. An admission by the licensee; and

(5) The misconduct was intentional rather than the result of negligence or inadvertence.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 404.06 Standards for the Selection of Sanctions. The board shall select appropriate sanction(s):

(a) From the list in Diet 404.03(a); and

(b) By choosing, in light of the characteristics determined pursuant to Diet 404.05(b), the sanction or combination of sanctions most likely to:

(1) Protect public health and safety;

(2) Prevent future misconduct by the licensee;

(3) Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the OPLC’s investigation of misconduct;

(4) Correct any attitudinal, educational, or other deficiencies which led to the licensee's misconduct;

(5) Encourage the responsible practice of dietetics; and

(6) Demonstrate to the licensee and the public the board's intention to ensure that its licensees practice in accordance with applicable law and the public welfare.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 404.07 Non-Disciplinary Professional Health Program.

(a) The board shall make available to eligible licensees the non-disciplinary professional health program specified by RSA 310:5, III.

(b) A licensee complying with and completing such non-disciplinary professional health program shall be deemed not to have been sanctioned for misconduct.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

PART Diet 405 CONTINUING EDUCATION

Diet 405.01 Continuing Education Requirements.

(a) Except as provided in (e) below, each licensee shall complete a minimum of 20 credit hours of continuing professional education during each period of licensure.

(b) Except as provided in (e) below, all 20 credit hours of continuing professional education shall be completed in the licensing period preceding the expiration date of the license being renewed.

(c) No greater than 20% of the activities submitted for continuing professional education credit during each period of licensure shall be for the reading or writing of peer-reviewed professional publications.

(d) All licensees shall submit to the OPLC in accordance with Plc 308.04(b) all continuing education documents described in Diet 505.06 intended to be used toward the continuing education requirements described in Diet 405.

(e) Only activities approved pursuant to these rules shall qualify for continuing professional education credit.

(f) No single program, presentation, course of study or independent self-study, examination, reading, or writing of a peer-reviewed professional publication, seminar, or meeting shall be counted by the board as more than one activity in fulfillment of the continuing professional education credit requirement of these rules.

(g) The OPLC shall approve continuing professional education credit for activities in accordance with the criteria set forth in Diet 405.02 through Diet 405.05.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; renumbered by #13570 (formerly Diet 404.01); ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 405.02 Continuing Professional Education Credits Approved by the Commission on Dietetic Registration (CDR).

(a) Activities that have been approved by the CDR for continuing professional education credit for the purpose of continued registration with the CDR shall be approved by the board for continuing professional education credit under these rules.

(b) Activities that have been approved by the CDR for continuing professional education credit for the purpose of continued registration with the CDR shall be assigned by the board the same number of credit hours as have been assigned by the CDR.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; renumbered by #13570 (formerly Diet 404.02); ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 405.03 Continuing Professional Education Credits for College and University Courses.

(a) College and university courses that have been approved by the CDR for continuing professional education credit for the purpose of continued registration with the CDR shall be approved for continuing professional education credit under these rules.

(b) College and university courses that have been approved by the CDR for continuing professional education credit for the purpose of continued registration with the CDR shall be assigned the same number of credit hours as have been assigned by the CDR.

(c) Other college and university courses shall be approved for continuing professional education credit if those courses relate to either:

(1) Human nutrition, nutrition education, food and nutrition, dietetics, public health nutrition, or food systems management by addressing the application of principles derived from the fields of biology or physiology, from the behavioral or social sciences, or from the study of food, nutrition, management, or communication; or

(2) Methods for achieving or maintaining optimal human health.

(d) Courses in those subjects identified in (c)(1) and (2) above shall be assigned the following credit hours by the board:

(1) If the course was a semester-long course:

a. One semester credit hour shall be equivalent to 15 continuing professional education units, provided that:

1. The course was attended for college or university credit; and

2. A passing grade was obtained; or

b. Eight continuing professional education units per semester credit hour if the course was attended, but not for college or university credit;

(2) If the course was a trimester course:

a. One trimester credit hour shall be equivalent to 14 continuing professional education units, provided that:

1. The course was attended for college or university credit; and

2. A passing grade was obtained; or

b. Eight continuing professional education units per trimester credit if the course was attended, but not for college or university credit, and

(3) If the course was a quarterly course:

a. One quarter credit hour shall be equivalent to 10 continuing professional education credit hours per quarter, provided that:

1. The course was attended for college or university credit; and

2. A passing grade was obtained; or

b. Five continuing professional education units per quarter credit hours if the course was attended, but not for college or university credit.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; renumbered by #13570 (formerly Diet 404.03); ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 405.04 Continuing Professional Education Credits for Other Activities.

(a) Activities other than those noted in Diet 405.02 or Diet 405.03 shall be approved for continuing professional education credit if those activities:

(1) Relate to the subjects set forth in Diet 405.03;

(2) Are not primarily designed to introduce members of the general public to the field of dietetics; and

(3) Accomplish one or more of the following goals:

a. Update or enhance the professional knowledge, skill, or competence of dietitians;

b. Assess the professional knowledge, skill, or competence of dietitians;

c. Provide opportunities for dietitians to engage in interdisciplinary studies;

d. Provide dietitians with opportunities for professional growth and development; or

e. Build excellence in the profession of a dietitian.

(b) In determining whether the activity accomplishes one or more of the goals set forth in (a)(3) above, the board shall consider:

(1) Whether the information provided has a direct bearing on the ability of a person to perform successfully as a dietitian;

(2) Whether the quantity and quality of information that has a direct bearing on the ability of the person to perform successfully as a dietitian is likely to achieve one or more of the goals set forth in (a)(3) above; and

(3) Whether the professional qualifications of the person or persons presenting or sponsoring the activity render it likely that the instruction provided will achieve one or more of the goals set forth in (a)(3) above.

(c) The board shall assign credit for those activities based upon the numbers of similar continuing education activities approved by CDR as stated in Diet 405.02(b) and Diet 405.03(b). The board shall assign one continuing professional education unit for each hour of actual attendance at approved courses other than those noted in Diet 405.02(b) and Diet 405.03(b), programs, presentations, seminars, or meetings, provided that if any grade is given the applicant receives a passing grade.

(d) The board shall assign one half of one credit hour for the reading or writing of any one peer reviewed professional publication.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; renumbered by #13570 (formerly Diet 404.04); ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 405.05 Documentation of Continuing Education.

(a) The documentation of continuing education shall contain the following information:

(1) A description of the subject matter of the activity;

(2) Identification of the sponsor of the activity;

(3) A statement of the number of hours of instruction provided;

(4) A statement of whether the activity has been approved for credit by the CDR;

(5) A verification of the applicant's attendance; and

(6) A statement of the applicant’s grade if any was provided, stating the applicant's grade.

(b) Documentation of continuing education shall be in the form of one or more of the following documents:

(1) A certificate of attendance at, or a certificate of completion of, identified courses, programs, examinations, presentations, seminars, or meetings;

(2) A course outline, syllabus, brochure, or other description of identified courses, programs, examinations, presentations, seminars, or meetings;

(3) A brochure or other description of the organizations or entities sponsoring the courses, programs, examinations, presentations, seminars, or meetings submitted for continuing professional education credit;

(4) Transcripts of courses attended;

(5) Verification of grades received;

(6) Verification of the duration of specified courses, programs, examinations, presentations, seminars, or meetings;

(7) Contracts or other writings documenting the applicant's involvement in independent study;

(8) A copy of peer reviewed professional publications read or written; and

(9) Such other material that might document the applicant’s participation in specified courses, programs, examinations, presentations, seminars, or meetings, or the length or nature of those courses, programs, examinations, presentations, seminars, or meetings.

(c) All licensees shall retain in their possession, for a period of 4 years after participation in any activity that is submitted for continuing professional educational credit, such documentation noted in Diet 405.05(b) as is available from the organization or entity sponsoring the course, program, examination, presentation, seminar, or meeting, or a copy of the peer reviewed professional publication written or read.

Source. #7938, eff 8-23-03; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; renumbered by #13570 (formerly Diet 404.05); ss by #14314, eff 9-9-25, EXPIRES: 9-9-35

Diet 405.06 Audit Procedure.

(a) The OPLC shall select on a random basis 10% of the renewal applications submitted each year for an audit of completion of the maintenance of continuing competence required by Diet 405.01.

(b) The board shall review the documents the OPLC has either received directly or retrieved from the on-line system described in Plc 308.04(b) to determine if those documents meet the requirements of Diet 405.

(c) If the board observes that the documents submitted pursuant to (b) above do not support the renewal applicant's claim of maintenance of continuing competence, the board shall refer the findings to the OPLC for investigation in accordance with Plc 200.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35

PART Diet 406 ONGOING REQUIREMENTS

Diet 406.01 Administrative Obligations of Licensees. Licensees shall:

(a) Maintain their current business address, home address, business and home phone numbers, and email address on file with the OPLC; and

(b) Notify the OPLC of any change in information described in (a) above no later than 30 days from the date of the change.

Source. #13276, eff 10-16-21; renumbered by #13570 (formerly Diet 405.04); ss by #14314, eff 9-9-25, EXPIRES: 9-9-35 (formerly Diet 406.04)

CHAPTER Diet 500 ETHICAL STANDARDS

PART Diet 501 ETHICAL OBLIGATIONS OF LICENSED DIETITIANS

Diet 501.01 Purpose and Scope.

(a) The purpose of this part is to safeguard the life, health, and welfare of the public and to establish and maintain a high standard of integrity in the professional practice of dietetics.

(b) These rules shall be binding upon every person holding a license or having the privilege to practice as a licensed dietitian in this state.

Source. #7773, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14153, eff 2-11-25

Diet 501.02 Obligation To Obey.

(a) Violation of these ethical standards shall constitute misconduct subject to disciplinary action. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as a dietitian in this state, or during a prior period of licensure, shall result in denying a license application.

(b) All persons licensed under RSA 326-H shall be considered to have knowledge of the existence of these rules of ethical standards and shall be deemed to be familiar with their provisions. Such knowledge shall encompass the understanding that the practice of the profession of dietetics is a privilege, as opposed to a right, and the licensed dietitian shall be forthright and candid in the licensee's statements or written response to the board or OPLC on matters pertaining to professional conduct.

(c) Licensees and applicants for licensure shall submit only truthful and correct information in any application or other document filed with, or statement made to, the board or the OPLC.

Source. #7773, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14153, eff 2-11-25

Diet 501.03 Standards of Conduct.

(a) The licensed dietitian shall hold paramount the safety, health, and welfare of the dietitian's clients.

(b) The licensed dietitian shall abide by the Academy of Nutrition and Dietetics, Commission on Dietetic Registration’s “Code of Ethics for the Nutrition and Dietetics Profession”, effective June 1, 2018, available as noted in Appendix B.

Source. #7773, eff 10-3-02; ss by #8336, eff 5-1-05, EXPIRED: 5-1-13

New. #10691, eff 10-9-14; ss by #14153, eff 2-11-25

APPENDIX I

Rule		Specific State Statute which the Rule Implements

Diet 101.01		RSA 541-A:7
Diet 102		RSA 541-A:7
Diet 103.01		RSA 326-H:7
Diet 103.02(a)		RSA 326-H:9; RSA 326-H:10; RSA 326-H:12; RSA 326-H:12-a; RSA 326-H:16
Diet 103.02(b)		RSA 326-H:12, IV; RSA 326-H:15
Diet 103.02(c)		RSA 326-H:9, IV
Diet 103.02(d)		RSA 326-H:18
Diet 103.02(e)		RSA 326-H:9, IV
Diet 103.02(f)		RSA 326-H:16; 326-H:17, I
Diet 103.03		RSA 326-H:9, II
Diet 103.04(a)		RSA 326-H:9; 541-A:16, I(a)
Diet 103.04(b)		RSA 91-A:2, II
Diet 103.05		RSA 541-A:16, I(a)
Diet 103.06		RSA 326-H:9, III; 541-A:16, I(a)
Diet 103.07		RSA 91-A
Diet 104.01		RSA 541-A:16, I(a)
Diet 104.02		RSA 326-H:9, III; RSA 91-A

	Diet 201.01	RSA 310:6, II
	Diet 201.02	RSA 541-A:16, I (b)

Diet 301.01		RSA 541-A:7
Diet 302.01		RSA 326-H:10, I
Diet 302.02		RSA 326-H:10, I(a); RSA 326-H:14; RSA 541-A:16, I(b)
Diet 302.03		RSA 326-H:10, I; RSA 326-H:12; RSA 326-H:12-a
Diet 302.03		RSA 326-H: 10, I (a); RSA 326-H: 12; RSA 326-H: 12-a

Diet 303.01(a)		RSA 326-H: 12, I-III; RSA 326-H: 14, I
	Diet 303.01(b)	RSA 326-H:12, I-III; RSA 326-H:14, I
	Diet 303.02	RSA 326-H:12, I
	Diet 303.03	RSA 326-H:12, I

	Diet 304	RSA 326-H:10, I(c); RSA 326-H: 10, II; RSA 326-H:14, II
	Diet 304.01	RSA 326-H:10, I; RSA 326-H:14, II

	Diet 401.01	RSA 541-A:7
	Diet 401.02	RSA 541-A:7
	Diet 401.03	RSA 541-A:7
	Diet 401.04	RSA 541-A:7
	Diet 401.05	RSA 541-A:7

	Diet 402.01	RSA 326-H:10, I; RSA 326-H:14, II
	Diet 402.02	RSA 541-A:16, I(b); RSA 326-H:14, III
	Diet 402.03	RSA 326-H:10, I(b); RSA 326-H:12; RSA 326-H:14, I; RSA 541-A:16, I(b)
	Diet 403.01	RSA 326-H:10, I; RSA 326-H:14
	Diet 403.02	RSA 541-A:16, I(b)
	Diet 403.03	RSA 326-H:10, I; RSA 326-H:14, I
	Diet 403.04	RSA 326-H:10, I; RSA 326-H:14, I
Diet 403.05		RSA 326-H:10, I; RSA 326-H:14, I
Diet 403.06		RSA 326-H:10, I; RSA 326-H:14, I
Diet 403.07		RSA 326-H:10, I; RSA 326-H:16, I

Diet 404.01		RSA 541-A:7
Diet 404.02		RSA 310:12
Diet 404.03		RSA 310:12; RSA 326-H:16
Diet 404.04		RSA 310:12
Diet 404.05		RSA 310:12
Diet 404.06		RSA 310:12
Diet 404.07		RSA 310:12

Diet 405.01		RSA 326-H:10, IV; RSA 326-H:12, IV; RSA 326-H:15
Diet 405.02		RSA 326-H:10, IV; RSA 326-H:12, IV; RSA 326-H:15
Diet 405.03		RSA 326-H:10, IV; RSA 326-H:12, IV; RSA 326-H:15
Diet 405.04		RSA 326-H:10, IV; RSA 326-H:12, IV; RSA 326-H:15
Diet 405.05		RSA 326-H:10, IV; RSA 326-H:12, IV; RSA 326-H:15
Diet 405.06		RSA 326-H:10, IV; RSA 326-H:12, IV; RSA 326-H:15

Diet 406.01		RSA 541-A:16, I(b)

Diet 500		RSA 326-H: 9, IV

APPENDIX II: Incorporation by Reference Information

Rule

Title

Obtain At

Diet 501.03(b)

Code of Ethics for Nutrition and Dietitian Profession, effective June 1, 2018

Academy of Nutrition and Dietetics, Commission on Dietetic Registration https://www.eatright.org/-/media/files/eatright/coeforthenutritionanddieteticsprofession.pdf?rev=429477b900dc4c0f9e22dc983cd980aa&hash=616B2B79D3011781E27CB24839205E2E

Available at no cost.