BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 769
                                                                  Page  1

          Date of Hearing:   May 6, 2003

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                  Lou Correa, Chair
                 AB 769 (Maddox) - As Introduced:  February 19, 2003
           
          SUBJECT  :   Registered dietitians and dietetic technicians.

           SUMMARY  :  Authorizes persons to perform certain regulated  
          activities as part of their supervised practice program to  
          become a registered dietitian (RD) or dietetic technician,  
          registered (DTR).   Specifically,  this bill  :

          1)Specifies that a person may engage in RD activities, as  
            specified in existing law, if the person meets both of the  
            following requirements:

             a)   The person is engaged in RD activities as part of a  
               supervised practice program for RDs pursuant to the  
               satisfactory completion of a supervised practice program  
               consisting of a minimum of 900 practice hours designed to  
               prepare entry level practitioners through instruction and  
               assignments in clinical settings.

             b)   The person is enrolled in or has completed a course of  
               study to fulfill the educational requirements for a RD  
               pursuant to existing law concerning the satisfactory  
               completion of specified academic requirements.

          2)Specifies that a person may engage in DTR activities, as  
            specified in existing law, if the person meets both of the  
            following requirements:

             a)   The person is engaged in DTR activities as part of a  
               supervised practice program for dietetic technicians  
               pursuant to the satisfactory completion of an accredited  
               dietetic technician program recognized by the State  
               Department of Health Services consisting of a minimum of  
               450 hours of supervised practice.

             b)   The person is enrolled in or has completed a course of  
               study to fulfill the educational requirements for DTRs  
               pursuant to existing law concerning the satisfactory  
               completion of specified academic requirements.









                                                                 AB 769
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          3)Specifies that a person may engage in DR activities, as  
            specified in existing law, for six months from the date the  
            person completed the required supervised practice program, or  
            until the person receives notice that he or she has failed the  
            required examination specified in existing law, whichever  
            occurs first, if all of the following conditions apply:

             a)   A RD supervises the person.

             b)   The person has completed the supervised practice program  
               requirements, as specified by existing law.

             c)   The person has written verification, including the  
               program director's original signature, that the person has  
               completed the required supervised practice program.

             d)   The person has applied to take the required RD  
               examination, as specified in existing law, and is waiting  
               for an examination date.

          4)Specifies that a person may engage in DTR activities, as  
            specified in existing law, for six months from the date the  
            person completed the required supervised practice program for  
            DTRs, or until the person receives notice that he or she has  
            failed the required examination specified in existing law,  
            whichever occurs first, if all of the following conditions  
            apply: 

             a)   A DTR supervises the person.

             b)   The person has completed the supervised practice program  
               requirements, as specified by existing law.

             c)   The person has written verification, including the  
               program director's original signature, that the person has  
               completed the required supervised practice program.

             d)   The person has applied to take the required DTR  
               examination, as specified in existing law, and is waiting  
               for an examination date.

          EXISTING LAW  specifies that in order to use the title  
          "registered dietitian" or "dietetic technician," a person is  
          required to complete a minimum number of practice hours, as  
          specified, in a supervised practice program.  Existing law also  








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          requires a person to satisfactorily complete specified academic  
          requirements.

           FISCAL EFFECT :   Unknown.  This bill is keyed non-fiscal.

           COMMENTS  :

          According to the author, dietician and dietetic technician  
          students as well as recent graduates of dietetic programs who  
          have not yet passed the appropriate certification exam (the RD  
          or DTR examination given nationally by the Commission on  
          Dietetic Registration) are not mentioned in existing law.   
          However, existing law does contain a defined scope of practice  
          for RDs and DTRs that permits RDs and DTRs to perform their  
          designated occupation within the existing scope of practice.   
          Specified activities permit RDs and DTRs to provide medical  
          nutrition assessment and therapy to treat illnesses or diseases  
          when prescribed by physicians.  DTRs work under the supervision  
          of a RD.  Both RDs and DTRs may provide basic nutrition  
          information to healthy individuals.  Without this bill, medical  
          nutrition treatments prescribed by RD or DTR students could be  
          considered practicing medicine without a license.  The  
          provisions of this bill would authorize RD and DTR students in  
          accredited supervised practice programs to perform activities in  
          the RD and DTR scope of practice when the activities are part of  
          the supervised practice program and under the supervision of a  
          Registered Dietitian.  The provisions of this bill also would  
          permit temporary RD or DTR practice until the exam is physically  
          taken (must be taken within six months) by those who have  
          completed both the academic and supervised practice requirements  
          and have applied for the exam, but are awaiting the examination  
          date.  These individuals must be supervised by RDs.  Also, the  
          person's temporary practice ability is terminated immediately if  
          the person fails to pass the exam.

          The California Dietetic Association (CDA) states that existing  
          law requires RDs and DTRs to complete supervised practice  
          programs as part of their pre-professional education.  However,  
          existing law does not mention that dietetics students may  
          perform the professional activities of RDs or DTRs as part of  
          the supervised practice program.  The provisions of this bill  
          would correct this omission in existing law.

           REGISTERED SUPPORT / OPPOSITION  :   









                                                                  AB 769
                                                                  Page  4

           Support 
           
          California Dietetic Association (sponsor)
          Individuals

           Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Chris L. Gallardo / B. & P. / (916)  
          319-3301