OAR Chapter 834 — Oregon Health Authority, Health Licensing Office, Board of Licensed Dietitians

Division 20 GENERAL ADMINISTRATION

Or. Admin. R. 834-020-0000 Definitions

(1) “Board: means the Board of Licensed Dietitians.

(2) “CDR” means the Commission on Dietetic Registration.

(3)“CEU” means a continuing education unit and the numerical value determined by the board to be earned by a renewal applicant by attending a specified training course. The terms “continuing education credit” and “continuing education unit” are synonymous and may be used interchangeably.

(4) “Continuing Education (CE)” means post-licensure education in maintaining and improving knowledge and skills in dietetics practice as defined in ORS 691.405(1) and education in cultural competency required under House Bill 2011 (2019).

(5) “Medical Nutrition Therapy (MNT)” means an evidence-based application of the Nutrition Care Process focused on prevention, delay or management of diseases and conditions, and involves an in-depth assessment, periodic re-assessment and intervention.

(6) “Nutrition Care Process (NCP)” means a systematic problem-solving method that dietitians use to critically think and make decisions when providing medical nutrition therapy or to address nutrition related problems and provide safe, effective, high quality nutrition care.

(7) “Office” means the Health Licensing Office.

(8) “Official Transcript” means an original document that has been certified by an accredited college or university and indicates hours and types of course work, examinations and scores that the student has completed. It must be submitted by a college or university by mail or courier to the Office in a sealed envelope on behalf of the applicant.

(9) “OHA” means the Oregon Health Authority.

History

• Statutory/Other Authority: ORS 691.475, 691.485 & 2019 House Bill 2011
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479 & 2019 House Bill 2011
• BELD 1-2020, amend filed 12/10/2020, effective 01/01/2021
• BELD 1-2016, f. 2-17-16, cert. ef. 3-1-16
• BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

Division 30 LICENSURE OF DIETITIANS

Or. Admin. R. 834-030-0000 Licensed Dietitian Application Requirements

An individual applying for licensure as a licensed dietitian must:

(1) Meet the requirements of OAR 331 division 30.

(2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by the application fees.

(3) In addition to requirements listed in subsections (1) and (2) of this rule, an applicant must provide documentation of one of the following pathways:

(a) Licensure Pathway 1 — Qualification through examination. An applicant must:

(A) Provide official transcripts demonstrating that the individual holds a baccalaureate or post-baccalaureate degree from a regionally accredited college or university in the U.S. in human nutrition, dietetics, foods and nutrition or food systems management, pursuant to ORS 691.435;

(B) Submit evidence of a passing score on the CDR examination, which may have been taken no more than three years preceding the date of the application;

(C) Submit evidence of having completed 900 hours of a board approved program of dietetic experience under the supervision of a licensed dietitian;

(D) Pay all license fees;

(b) Licensure Pathway 2 — Qualification through reciprocity pursuant to ORS 691.445(3)(b). Notwithstanding OAR 834-030-0000(3)(a)(A), (B) and (C), an applicant who is currently licensed under the laws of any other state or territory in the United States must:

(A) Fulfill all requirements of subsections (1), (2) and (3)(a)(D) of this rule; and

(B) Demonstrate to the Office’s satisfaction that the requirements to obtain the applicant’s license from another state or territory were not less than those of ORS 691.435.

(c) Licensure Pathway 3 — Qualification through equivalency pursuant to ORS 691.445(3)(a). Notwithstanding OAR 834-030-0000(3)(a)(A), (B) and (C), an applicant who is currently registered with CDR must:

(A) Fulfill all requirements of subsections (1), (2) and (3)(a)(D) of this rule; and

(B) Submit proof of current, valid CDR registration.

History

• Statutory/Other Authority: ORS 691.475 & 691.485
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.475, 691.477 & 691.479
• BELD 1-2016, f. 2-17-16, cert. ef. 3-1-16
• BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

Or. Admin. R. 834-030-0010 Licensed Dietitian Issuance and Renewal

(1) A license is subject to the provisions of OAR Chapter 331, division 30 regarding the issuance and renewal of a license, provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license.

(2) To avoid delinquency penalties, a license must be renewed before the license becomes inactive as described in section (3) of this rule. The licensee must:

(a) Submit a renewal application form;

(b) Pay the renewal fee pursuant to 834-040-0000;

(c) Attest to having obtained the required annual CE pursuant to OAR 834-050-0000;

(d) Attest to having provided the required information to OHA pursuant to ORS 676.410; and

(e) Pay fee established by OHA pursuant to ORS 676.410.

(3) A license becomes inactive if it is not renewed before its “active through” date. A license may be inactive for up to three years, but an inactive license does not authorize its holder to practice dietetics under the title, “Licensed Dietitian” or the letters “L.D.” To renew an inactive license, the licensee must:

(a) Submit a renewal application form;

(b) Pay the delinquency and renewal fees pursuant to OAR 834-040-0000;

(c) Attest to having obtained the required annual CE pursuant to OAR 834-050-0000 on a form prescribed by the Office;

(d) Attest to having provided the required information to OHA pursuant to ORS 676.410; and

(e) Pay fee established by OHA pursuant to ORS 676.410.

(4) A licensee holding an expired license must reapply and meet the requirements of OAR 834-030-0000. An expired license does not authorize its holder to practice dietetics under the title, “Licensed Dietitian” or the letters “L.D.”

(5) A license is expired if it has been inactive for more than three years.

History

• Statutory/Other Authority: ORS 691.475 & 691.485
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.475, 691.477 & 691.479
• BELD 3-2017, f. 3-28-17, cert. ef. 4-1-17
• BELD 2-2017(Temp), f. & cert. ef. 1-17-17 thru 7-15-17
• BELD 1-2016, f. 2-17-16, cert. ef. 3-1-16
• BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

Division 40 FEES

Or. Admin. R. 834-040-0000 Fees

(1) Applicants and registrants are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges.

(2) Fees established by the Office are as follows:

(a) Application: $50;

(b) Original license: $60 for one year;

(c) Renewal of license: $60 for one year;

(d) Other administrative fees:

(A) Delinquency fee: $25 for each year in inactive status up to three years;

(B) Replacement of license, including name change: $25;

(C) An additional $25 administrative processing fee will be assessed if a NSF or non-negotiable instrument is received for payment of fees, penalties and charges. Refer to OAR 331-010-0010.

History

• Statutory/Other Authority: ORS 676.605, 676.606, 676.607, 676.608, 676.615, 691.435, 691.445 & 691.465
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.465, 676.605, 676.606, 676.607, 676.608, 676.615 & OL 2011 Ch. 630
• BELD 2-2016, f. 2-18-16, cert. ef. 3-1-16
• BELD 1-2015, f. & cert. ef. 6-29-15
• BELD 1-2012, f. & cert. ef. 3-28-12

Division 50 CONTINUING EDUCATION REQUIREMENTS FOR LICENSED DIETITIANS

Or. Admin. R. 834-050-0000 Continuing Education Requirements

(1) To maintain authorization, licensed dietitians must complete a minimum of 15 CE credits every licensure year.

(2) CE credits obtained in excess of those required for the current licensure year reporting period may be carried forward for up to four licensure years. However, no more than 60 annual excess CE credits may be carried forward.

(3) Excess CE credits may be used to reinstate an inactive license.

(4) Excess CE credits may not be used if a license is expired.

(5) Each licensee shall document compliance with the CE requirement through attestation on the license renewal application. Licensees are subject to provisions of OAR 834-050-0010 pertaining to periodic audit of CE.

(6) Upon CE credit audit, the licensee must provide documentation supporting all credits claimed and all excess credits carried forward.

(7) Except for the continuing education credits required under section (8), CE credits must address subject matter related to dietetics practice in accordance with ORS 691.405(1) and OAR 834-020-0000(4).

(8) Notwithstanding any other CE requirements, in order to be eligible to renew a license, an authorization holder must obtain 1 credit of CE in cultural competency (CCCE) every other time the authorization is subject to renewal. The requirement of this paragraph is effective on and after July 1, 2021. The CCCE must be either:

(a) Approved by the Oregon Health Authority; or

(b) Meet the skills requirements established by the Oregon Health Authority by rule.

(9) The Board encourages completion of required CCCE from the approved list promulgated by the Oregon Health Authority, available on the Board’s website. The Board shall also accept CCCE that is not obtained from the Oregon Health Authority’s approved list, to the extent the Board determines the CCCE meets the skills requirements established by the Oregon Health Authority in rules that are effective at the time the CCCE is obtained. The Board shall maintain a current list of cultural competency skills recognized in rule by the Oregon Health Authority.

(10) Section (8) does not apply to authorization holders who are:

(a) Retired and not practicing the profession in any state;

(b) Not practicing the profession in this state; or

(c) Residing in this state, but not practicing in the profession in any state.

(11) Documentation supporting compliance with CE requirements must be maintained for a period of four licensure years following renewal and be available to the Office upon request.

History

• Statutory/Other Authority: ORS 691.475, 691.485 & 2019 House Bill 2011
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479 & 2019 House Bill 2011
• BELD 1-2022, amend filed 09/29/2022, effective 10/15/2022
• BELD 1-2020, amend filed 12/10/2020, effective 01/01/2021
• BELD 1-2017, f. & cert. ef. 1-9-17
• BELD 2-2016, f. 2-18-16, cert. ef. 3-1-16
• BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

Or. Admin. R. 834-050-0010 Continuing Education: Audit, Required Documentation and Sanctions

(1) The Office will audit a percentage of licensees, as determined by the board, to verify compliance with CE requirements of OAR 834-050-0000.

(2) Licensees notified of selection for audit of CE attestation must submit to the Office satisfactory evidence of participation in required CE in accordance with OAR 834-050-0000 within 30 calendar days from the date of issuance of the notification.

(3) If selected for audit, the licensee must provide the following documentation of the required CE:

(a) For Office pre-approved programs or courses: A certificate of completion or other Office-approved documentation that includes the Office pre-approval number;

(b) For courses provided by an accredited college or university: An official transcript from the accredited college or university; or

(c) For CDR approved programs or courses: A completed CDR portfolio or state licensure verification worksheet, which is available from CDR or the Office.

(4) If documentation of CE is incomplete, the registrant has 30 calendar days from the date of notice to submit further documentation to substantiate having completed the required CE within the audit period. For purposes of this rule, the audit period is the previous licensure year.

(5) A licensee who fails to meet CE requirements must obtain missing CE hours within six months and pay a $100 civil penalty. The licensee must obtain the missing CE credits in addition to the 15 CE credits required in a licensure year under OAR 834-050-0000(1). A licensee who fails to meet CE requirements a second time must obtain missing CE hours within six months and pay a $500 civil penalty. A licensee who fails to meet CE requirements a third time must obtain missing CE hours within six months and pay a $1,000 civil penalty. A licensee who fails to meet CE requirements a fourth time will have their case brought before the Board. For example, if a licensee fails to meet CE requirements by eight CE credits, then the licensee must (1) fulfill the 15 CE credit requirement under OAR 834-050-0000(1) and, in addition, (2) obtain the missing eight CE credits within six months of the date stated in the final order.

History

• Statutory/Other Authority: ORS 691.475 & 691.485
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.475, 691.477 & 691.479
• BELD 1-2017, f. & cert. ef. 1-9-17
• BELD 1-2016, f. 2-17-16, cert. ef. 3-1-16
• BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

Division 60 STANDARD OF PRACTICE AND PROFESSIONAL CONDUCT

Or. Admin. R. 834-060-0000 Standards of Practice

The board adopts the following standards of practice to establish and maintain a high standard of integrity and dignity in the profession of dietetic practice pursuant to ORS 691.405(1). A licensee must:

(1) Use systematically reviewed scientific evidence in making food and nutrition practice decisions by integrating best available evidence with professional expertise and client values to improve outcomes;

(2) Use accurate and relevant data and information to perform nutrition assessment and identify nutrition-related problems;

(3) Determine a nutrition diagnosis to identify and label specific nutrition problem(s) for which the dietitian provides medical nutrition therapy;

(4) Utilize nutrition intervention to identify and implement appropriate actions designed with the intent of changing a nutrition-related behavior, risk factor, environmental condition or aspect of health status for an individual, target group, or the community at large;

(5) Monitor and evaluate indicators and outcomes data directly related to the nutrition diagnosis, goals and intervention strategies to determine the progress made in achieving desired outcomes of nutrition care and whether planned interventions should be continued or revised;

(6) Document and communicate the Nutrition Care Process in a timely manner;

(7) Apply appropriate standards of quality and safety in food and nutrition services; and

(8) Consider the health, safety, and welfare of the clients and public at all times.

History

• Statutory/Other Authority: ORS 691.475 & 691.485
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.475, 691.477 & 691.479
• BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12

Or. Admin. R. 834-060-0010 Standards of Professional Conduct

The board adopts the following standards of professional conduct from the Academy of Nutrition and Dietetics Code of Ethics for the Profession of Dietetics, to protect the public from unprofessional conduct on the part of dietitians. A licensee must:

(1) Conduct herself or himself with honesty, integrity and fairness;

(2) Comply with all local, state, and federal laws and regulations concerning the practice of dietetics;

(3) Provide professional services with objectivity and with respect for the unique needs and values of individuals, avoiding discrimination and providing sufficient information to enable clients to make informed decisions;

(4) Not engage in false or misleading practices or communications and must remain free of conflict of interest; and

(5) Abide by the mandatory reporting obligations pursuant to ORS 676.150.

History

• Statutory/Other Authority: ORS 691.475 & 691.485
• Statutes/Other Implemented: ORS 691.435, 691.445, 691.475, 691.477 & 691.479
• BELD 2-2012, f. 8-16-12, cert. ef. 8-17-12