BILL NUMBER: SB 1642 CHAPTERED
BILL TEXT
CHAPTER 325
FILED WITH SECRETARY OF STATE SEPTEMBER 3, 2002
APPROVED BY GOVERNOR AUGUST 30, 2002
PASSED THE SENATE AUGUST 20, 2002
PASSED THE ASSEMBLY AUGUST 19, 2002
AMENDED IN ASSEMBLY AUGUST 15, 2002
AMENDED IN SENATE MAY 15, 2002
AMENDED IN SENATE APRIL 11, 2002
INTRODUCED BY Senator Soto
FEBRUARY 21, 2002
An act to amend Section 2586 of the Business and Professions Code,
relating to nutrition.
LEGISLATIVE COUNSEL'S DIGEST
SB 1642, Soto. Nutrition.
Existing law authorizes a registered dietitian and certain other
nutritional professionals to provide specified services relating to
medical nutrition therapy upon referral by a health care provider.
The services include the ordering of laboratory tests related to
nutritional therapeutic treatments and the accepting or transmitting
of verbal or electronically transmitted orders from a health care
provider to implement medical nutrition therapy. Existing law
specifies that these services may be offered for individuals or
groups of patients in licensed institutional facilities or in private
office settings.
This bill would recast these provisions with respect to the
ordering of medical laboratory tests and accepting and transmitting
orders. The bill would also change the requirements with respect to
the ordering of medical laboratory tests in a clinic where a
registered nurse is on duty. The bill would also include a person
licensed under the Chiropractic Initiative Act in the definition of
health care provider for purposes of these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2586 of the Business and Professions Code is
amended to read:
2586. (a) Notwithstanding any other provision of law, a
registered dietitian, or other nutritional professional meeting the
qualifications set forth in subdivision (e) of Section 2585 may, upon
referral by a health care provider authorized to prescribe dietary
treatments, provide nutritional and dietary counseling, conduct
nutritional and dietary assessments, and develop nutritional and
dietary treatments, including therapeutic diets, for individuals or
groups of patients in licensed institutional facilities or in private
office settings. The referral shall be accompanied by a written
prescription signed by the health care provider detailing the patient'
s diagnosis and including a statement of the desired objective of
dietary treatment, unless a referring physician and surgeon has
established or approved a written protocol governing the patient's
treatment. The services described in this subdivision may be termed
"medical nutrition therapy."
(b) A registered dietitian, or other nutritional professional
meeting the qualifications set forth in subdivision (e) of Section
2585, may accept or transmit verbal orders or electronically
transmitted orders from the referring physician consistent with an
established protocol to implement medical nutrition therapy.
(c) A registered dietitian, or other nutritional professional
meeting the qualifications set forth in subdivision (e) of Section
2585, may order medical laboratory tests related to nutritional
therapeutic treatments when authorized to do so by a written protocol
prepared or approved by the referring physician and when, in the
absence of the referring physician at a patient visit, in a clinic
where there is a registered nurse on duty, a registered nurse is
notified that a medical laboratory test is being ordered and is
afforded an opportunity to assess the patient.
(d) (1) Notwithstanding any other provision of law, a dietetic
technician, registered meeting the qualifications set forth in
Section 2585 may, under the direct supervision of a registered
dietitian, assist in the implementation or monitoring of services
specified in subdivision (a), but may not develop nutritional or
dietary therapy or treatments or accept or transmit verbal orders.
(2) (A) For purposes of this subdivision, "direct supervision"
means the supervising registered dietitian shall be physically
available to the dietetic technician, registered for consultation
whenever consultation is required. However, in the case of a small
or rural hospital, as defined in Section 124840 of the Health and
Safety Code, the registered dietitian may be available for
consultation by telephone or other electronic means, provided that
the registered dietitian is physically on the facility site a
sufficient amount of time to provide adequate supervision over and
review of the work of the dietetic technician, registered.
(B) For purposes of this subdivision, "physically available" means
physical onsite presence during regular business hours, and includes
telephonic or electronic availability at all times and the ability
to respond to the facility within a reasonable period of time when
required. The registered dietitian shall review any activities
performed by the dietetic technician, registered during any period
when the registered dietitian was not physically onsite.
(3) For purposes of this subdivision, a registered dietitian shall
not supervise more than two dietetic technicians, registered at one
time.
(e) It is a misdemeanor for a person specified in subdivision (e)
of Section 2585 to practice in a manner inconsistent with the
requirements set forth in this section.
(f) Nothing in this section shall preclude a person specified in
subdivision (e) of Section 2585 from providing information as
permitted by Section 2068.
(g) For purposes of this section, "health care provider" means any
person licensed or certified pursuant to this division, or licensed
pursuant to the Osteopathic Initiative Act or the Chiropractic
Initiative Act.
(h) The requirement of a written prescription shall be deemed to
be satisfied by an entry in the patient records of a patient who is
undergoing treatment at a licensed health care facility if the
contents of the patient records reflect the information required by
this section.
(i) Nothing in this section or Section 2585 shall be interpreted
to establish educational criteria or practice restrictions or
limitations for other health care providers licensed under Division 2
(commencing with Section 500) or the Osteopathic Initiative Act or
the Chiropractic Initiative Act.