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The Virginia House of Delegates is considering a draconian measure banning anyone other than Registered Dietitians from giving nutritional information. On January 17th, the Virginia House of Representatives passed HB 455, and the bill will soon be considered by the Virginia Senate.
Persons who hold themselves out to be Registered Dietitians are already required to meet certain standards and be licensed. This bill would go much further. It would block a cooking instructor from offering cooking classes for cancer patients and discussing the nutritional value of vegetables and fruits. It would block cancer patients who are being treated by physicians from also seeking the guidance of a macrobiotic counselor. It would stop an exercise trainer from discussing nutrition with a client. The only way around these bans are for the instructors or counselors in question to set up contracts in which Registered Dietitians regularly review their work, including any changes in their instruction, an absurd burden and something dietitians are ill-suited to do.
This bill is intended as trade protection, locking nutritional knowledge into the hands of a single professional entity, run by a single Chicago-based organization. The American Dietetic Association controls the process by which individuals become Registered Dietitians. Unfortunately, the ADA is heavily and consistently influenced by commercial interests, as evidenced by the ADA's regular offerings to industry to sponsor every meal, snack, break, or presentation at its annual meeting.
Nutrition is an inexact science with room for considerable controversy and legitimate disagreement. However, the ADA has established guidelines in which it accepts certain concepts and rejects others. While in some cases, the ADA may have exercised good judgment, there are others in which the ADA has fallen behind the times.
In summary, individuals who do not hold themselves out to be Registered Dietitians should not be barred from discussing nutritional issues with their clients and providing guidance as they deem appropriate. This bill is a poorly considered and unnecessary measure.
Here is the bill's official summary:
HB 455 Dietitians; licensure. Michele B. McQuigg (R, 51st District) ---- Summary as introduced: Health professions; licensure of dietitians. Requires dietitians to be licensed by the Board of Medicine. The "practice of dietetics" is defined as the integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management and behavioral and social sciences to achieve and maintain health through the provision of nutrition care services that shall include (i) assessing the nutrition needs of individuals and groups based upon appropriate biochemical, anthropomorphic, physical, and dietary data to determine nutrient needs and recommend appropriate intake including enteral and parenteral nutrition; (ii) establishing priorities, goals, and objectives that meet nutrition needs and are consistent with available resources; (iii) providing dietetic nutrition counseling by advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status; (iv) developing, implementing, and managing nutrition care delivery systems; and (v) evaluating, making changes in, and maintaining standards of quality in food and nutrition care services. The bill provides that the practice of dietetics includes medical nutrition therapy. The Board of Medicine is given the authority to establish criteria for licensure that include (a) at least a bachelors degree in human nutrition, nutrition education, foods and nutrition, food systems management, dietetics, or public health nutrition or a related field from an accredited college that meets the requirements of the Commission on Dietetic Registration; (b) at least 900 hours of supervised experience approved by the Commission on Dietetic Registration; (c) passage of the examination for registration administered by the Commission on Dietetic Registration or current registration with the Commission on Dietetic Registration; and (d) documentation that the applicant for licensure has not had his license or certification as a dietitian suspended or revoked and is not the subject of any disciplinary proceedings in another jurisdiction. Exceptions to the licensure requirement are provided for (1) any student performing activities related to an educational program under the supervision of a licensed dietitian or any person completing the supervised practice required for licensure; (2) a registered dietetic technician working under the supervision and direction of a licensed dietitian; (3) a government employee or a person under contract to the government acting within the scope of such employment or contract; (4) any health professional licensed or certified under this title when engaging in the profession for which he is licensed or any person working under the supervision of such a professional; (5) a certified teacher employed by or under contract to any public or private elementary or secondary school or institution of higher education; (6) any person with management responsibility for food service department policies, procedures or outcomes in any food service department in any program or facility licensed by the Commonwealth; (7) any person who does not hold himself out to be a dietitian who furnishes general nutrition on food, food materials, or dietary supplements or explains to customers about foods or food products in connection with marketing and distribution of food or food products; or (8) any person who provides weight control, wellness, or exercise services involving nutrition provided the program has been reviewed by a licensed dietitian, no change is initiated without prior approval of the dietitian, and consultation is available from a licensed dietitian. No dietitian employed as such prior to June 30, 2004, will be required to comply with licensure until July 1, 2006. Finally, the bill creates an Advisory Board on Dietitians that expires July 1, 2007.
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The following is a list of the 15 members of The Senate Education & Health Committee: Please contact each of them.
Senator H. Russell Potts, Jr. (Chairman) (R) - Senate District 27
General Assembly Building, Room 330 Capitol Square Richmond, Virginia 23219 (804) 698-7527 email: district27@sov.state.va.us
14 North Braddock Street Winchester, Virginia 22601-4120 (540) 665-2092
Senator Richard L. Saslaw (D) - Senate District 35 In-session address:
Mailing address: General Assembly Building, Room 613 Capitol Square Richmond, Virginia 23219 (804) 698-7535
email: district35@sov.state.va.us
P.O. Box 1856 Springfield, Virginia 22151-0856 (703) 978-0200
Senator Benjamin J. Lambert III (D) - Senate District 9 In-session address: Mailing address: General Assembly Building, Room 311 Capitol Square Richmond, Virginia 23219 (804) 698-7509 email: district09@sov.state.va.us
904 North First Street Richmond, Virginia 23219-1002 (804) 643-3534
Senator R. Edward Houck (D) - Senate District 17 In-session address:
Mailing address:
General Assembly Building, Room 326 Capitol Square Richmond, Virginia 23219 (804) 698-7517
email: district17@sov.state.va.us
P.O. Box 7 Spotsylvania, Virginia 22553-0007 (540) 786-2782
Senator L. Louise Lucas (D) - Senate District 18 In-session address:
Mailing address:
General Assembly Building, Room 328 Capitol Square Richmond, Virginia 23219 (804) 698-7518
email: district18@sov.state.va.us
P. O. Box 700 Portsmouth, Virginia 23705-0700 (757) 397-8209
Senator Janet D. Howell (D) - Senate District 32 In-session address:
Mailing address: General Assembly Building, Room 327 Capitol Square Richmond, Virginia 23219 (804) 698-7532
email: district32@sov.state.va.us
P. O. Box 2608 Reston, Virginia 20194-1333 (703) 709-8283
Senator Frederick M. Quayle (R) - Senate District 13
In-session address:
Mailing address:
General Assembly Building, Room 304 Capitol Square Richmond, Virginia 23219 (804) 698-7513
email: district13@sov.state.va.us
3808 Poplar Hill Road Suite E Chesapeake, Virginia 23321-5524 (757) 483-9173
Senator Stephen H. Martin (R) - Senate District 11
In-session address:
Mailing address:
General Assembly Building, Room 302 Capitol Square Richmond, Virginia 23219 (804) 698-7511
email: district11@sov.state.va.us
P.O. Box 700 Chesterfield, Virginia 23832 (804) 674-0242
Senator Stephen D. Newman (R) - Senate District 23 In-session address:
Mailing address:
General Assembly Building, Room 303 Capitol Square Richmond, Virginia 23219 (804) 698-7523
email: district23@sov.state.va.us
P. O. Box 480 Forrest, Virginia 24551 (434) 385-1065
Senator John S. Edwards (D) - Senate District 21
In-session address:
Mailing address:
General Assembly Building, Room 309 Capitol Square Richmond, Virginia 23219 (804) 698-7521
email: district21@sov.state.va.us
P. O. Box 1179 Roanoke, Virginia 24006-1179 (540) 985-8690
Senator William Bolling (R) - Senate District 4
In-session address:
Mailing address:
General Assembly Building, Room 317 Capitol Square Richmond, Virginia 23219 (804) 698-7504
email: district04@sov.state.va.us
P. O. Box 3037 Mechanicsville, Virginia 23116 (804) 730-4202
Senator Frank M. Ruff (R) - Senate District 15
In-session address:
Mailing address:
General Assembly Building, Room 307 Capitol Square Richmond, Virginia 23219 (804) 698-7515
email: district15@sov.state.va.us
P.O. Box 332 Clarksville, Virginia 23927-0332 (434) 372-0551
Senator Mary Margaret Whipple (D) - Senate District 31
In-session address:
Mailing address:
General Assembly Building, Room 430 Capitol Square Richmond, Virginia 23219 (804) 698-7531
email: district31@sov.state.va.us
3556 North Valley Street Arlington, Virginia 22207-4445 (703) 538-4097
Senator William C. Mims (R) - Senate District 33 In-session address:
Mailing address:
General Assembly Building, Room 320 Capitol Square Richmond, Virginia 23219 (804) 698-7533
email: district33@sov.state.va.us
P.O. Box 741 Leesburg, Virginia 20178-0741 (703) 779-1888
Senator Harry B. Blevins (R) - Senate District 14
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