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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE M. REGULATION OF OTHER HEALTH PROFESSIONS

CHAPTER 701. DIETITIANS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 701.001. SHORT TITLE. This chapter may be cited as the

Licensed Dietitian Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.002. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of state health

services.

(2) "Department" means the Department of State Health Services.

(3) "Dietetics" means the professional discipline of applying

and integrating scientific principles of food, nutrition,

biochemistry, physiology, management, and behavioral and social

sciences under different health, social, cultural, physical,

psychological, and economic conditions for the proper

nourishment, care, and education of an individual or group

throughout the life cycle to achieve and maintain human health.

The term includes the development, management, and provision of

nutrition services.

(4) "Dietitians board" means the Texas State Board of Examiners

of Dietitians.

(5) "Licensed dietitian" means a person licensed under this

chapter.

(6) "Nutrition assessment" means evaluating the nutritional

needs of an individual or group based on appropriate biochemical,

anthropometric, physical, and dietary data to determine nutrient

needs and recommend appropriate nutritional intake, including

enteral and parenteral nutrition.

(7) "Nutrition counseling" means advising and assisting an

individual or group on appropriate nutritional intake by

integrating information from a nutrition assessment with

information on food and other sources of nutrients and meal

preparation consistent with cultural background and socioeconomic

status.

(8) "Nutrition services" means:

(A) assessing the nutritional needs of an individual or group

and determining constraints and resources in the practice;

(B) establishing priorities and goals that meet nutritional

needs and are consistent with constraints and available

resources;

(D) developing, implementing, and managing nutritional care

systems; or

(E) evaluating, changing, and maintaining appropriate quality

standards in food and nutritional care services.

(9) "Provisional licensed dietitian" means a person

provisionally licensed under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 1, eff. September 1, 2005.

Sec. 701.003. APPLICATION OF SUNSET ACT. The Texas State Board

of Examiners of Dietitians is subject to Chapter 325, Government

Code (Texas Sunset Act). Unless continued in existence as

provided by that chapter, the board is abolished September 1,

2017.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 2, eff. September 1, 2005.

SUBCHAPTER B. TEXAS STATE BOARD OF EXAMINERS OF DIETITIANS

Sec. 701.051. DIETITIANS BOARD MEMBERSHIP. (a) The Texas State

Board of Examiners of Dietitians consists of nine members

appointed by the governor with the advice and consent of the

senate as follows:

(1) six licensed dietitian members, each of whom has been

licensed under this chapter for not less than three years before

the member's date of appointment; and

(2) three members who represent the public.

(b) In appointing dietitian members to the dietitians board, the

governor shall attempt to maintain balanced representation among

the following primary areas of expertise included in the

professional discipline of dietetics:

(1) clinical;

(2) educational;

(3) management;

(4) consultation; and

(5) community.

regard to the race, color, disability, sex, religion, age, or

national origin of the appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.052. ELIGIBILITY OF PUBLIC MEMBERS. A person is not

eligible for appointment as a public member of the dietitians

board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational

regulatory agency in the field of dietetics;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

funds from the board;

(3) owns or controls directly or indirectly more than a 10

percent interest in a business entity or other organization

regulated by or receiving funds from the board; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a dietitians board member and may not be

an employee of the department employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.) if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of dietetics; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of

dietetics.

as the general counsel to the board or the department if the

person is required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 3, eff. September 1, 2005.

Sec. 701.054. TERMS. Members of the dietitians board serve

staggered six-year terms. The terms of two members begin on

September 1 of each odd-numbered year.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.055. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the dietitians board that a member:

(1) does not have at the time of taking office the

qualifications required by Section 701.051(a);

(2) does not maintain during service on the board the

qualifications required by Section 701.051(a);

(3) is ineligible for membership under Section 701.052 or

701.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the board.

(b) The validity of an action of the dietitians board is not

affected by the fact that it is taken when a ground for removal

of a member of the board exists.

ground for removal exists, the executive secretary shall notify

the presiding officer of the dietitians board of the ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive secretary shall notify the assistant presiding officer,

who shall then notify the governor and the attorney general that

a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 4, eff. September 1, 2005.

Sec. 701.056. REIMBURSEMENT. (a) Repealed by Acts 2005, 79th

Leg., Ch. 147, Sec. 28, eff. September 1, 2005.

(b) A member is entitled to reimbursement for travel expenses as

provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

147, Sec. 6, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

147, Sec. 28, eff. September 1, 2005.

Sec. 701.057. OFFICERS. (a) The governor shall designate a

member of the dietitians board as the presiding officer of the

board to serve in that capacity at the pleasure of the governor.

(b) Not later than the 30th day after the date the governor

appoints new board members, the dietitians board shall meet to

elect an assistant presiding officer, who holds office according

to board rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 7, eff. September 1, 2005.

Sec. 701.058. MEETINGS. The dietitians board shall hold at

least two regular meetings each year as provided by board rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.059. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the dietitians board may not

vote, deliberate, or be counted as a member in attendance at a

meeting of the board until the person completes a training

program that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) this chapter and the dietitians board's programs, functions,

rules, and budget;

(2) the results of the most recent formal audit of the board;

(3) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts-of-interest;

and

(4) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

(d) Repealed by Acts 2005, 79th Leg., Ch. 147, Sec. 28, eff.

September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 8, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

147, Sec. 28, eff. September 1, 2005.

SUBCHAPTER C. EXECUTIVE SECRETARY AND PERSONNEL

Sec. 701.101. EXECUTIVE SECRETARY. The commissioner shall

designate a department employee to serve as executive secretary

of the dietitians board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.102. EXECUTIVE SECRETARY POWERS AND DUTIES. In

addition to performing other duties prescribed by this chapter

and by the department, the executive secretary of the dietitians

board shall:

(1) administer licensing activities for the board;

(2) keep full and accurate minutes of the board's transactions

and proceedings;

(3) serve as custodian of the board's files and records;

(4) prepare and recommend to the board plans and procedures

necessary to implement the purposes and objectives of this

chapter, including rules and proposals on administrative

procedures;

(5) exercise general supervision over persons employed by the

department in the administration of this chapter;

(6) investigate complaints and present formal complaints;

(7) attend all board meetings as a nonvoting participant;

(8) handle the board's correspondence; and

(9) obtain, assemble, or prepare reports and other information

as directed or authorized by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.103. PERSONNEL AND FACILITIES. (a) Department

personnel shall administer this chapter as agents of the

dietitians board.

(b) If necessary to administer this chapter, the department by

agreement may:

(1) obtain and provide compensation for services; and

(2) employ professional consultants, technical assistants, or

other persons on a full-time or part-time basis.

administer this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.104. DIVISION OF RESPONSIBILITIES. The dietitians

board shall develop and implement policies that clearly separate

the policymaking responsibilities of the board and the management

responsibilities of the executive secretary and the staff of the

department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 9, eff. September 1, 2005.

Sec. 701.105. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The dietitians board shall provide, as often as

necessary, to its members and employees information regarding

their:

(1) qualifications for office or employment under this chapter;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive secretary or the executive secretary's designee

shall prepare and maintain a written policy statement to ensure

implementation of an equal employment opportunity program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, application, training, and

promotion of personnel, that are in compliance with Chapter 21,

Labor Code;

(2) a comprehensive analysis of the dietitians board workforce

that meets federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the board workforce of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) be filed with the governor.

legislature based on the information received under Subsection

(b). The report may be made separately or as part of other

biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 701.151. GENERAL POWERS AND DUTIES OF DIETITIANS BOARD.

The dietitians board shall:

(1) adopt an official seal;

(2) adopt and publish a code of ethics;

(3) establish the qualifications and fitness of applicants for

licenses, including renewed and reciprocal licenses;

(4) revoke, suspend, or deny a license, probate a license

suspension, or reprimand a license holder for a violation of this

chapter, a board rule, or the code of ethics;

(5) spend money necessary to properly administer the board's

duties; and

(6) establish reasonable and necessary fees to administer this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.152. GENERAL RULEMAKING AUTHORITY. (a) The dietitians

board may adopt rules consistent with this chapter.

(b) In adopting rules, the dietitians board shall consider the

rules and procedures of the Texas Board of Health and the

department and shall adopt procedural rules not inconsistent with

similar rules and procedures of those entities.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The dietitians board may not adopt a rule

restricting advertising or competitive bidding by a person

regulated by the board except to prohibit a false, misleading, or

deceptive practice.

(b) The dietitians board may not include in rules to prohibit

false, misleading, or deceptive practices by a person regulated

by the board a rule that:

(1) restricts the person's use of any medium for advertising;

(2) restricts the person's personal appearance or use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the use of a trade name in advertising by the

person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.1535. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

(a) The dietitians board shall adopt rules necessary to comply

with Chapter 53.

(b) In its rules under this section, the dietitians board shall

list the specific offenses for which a conviction would

constitute grounds for the board to take action under Section

53.021.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 10, eff. September 1, 2005.

Sec. 701.154. FEES. (a) After consulting the commissioner or

the department, the dietitians board by rule shall set fees in

amounts reasonable and necessary to cover the cost of

administering this chapter.

(b) The dietitians board may not set a fee that existed on

September 1, 1993, in an amount that is less than the amount of

that fee on that date.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.155. SEAL. (a) The dietitians board by rule may

require a license holder to:

(1) obtain a seal authorized by the board bearing the license

holder's name and the legend "Licensed Dietitian"; and

(2) affix the seal to formal documentation of nutrition services

provided by the license holder, as determined necessary and

appropriate by the board.

(b) If the dietitians board adopts rules under Subsection (a),

the rules must authorize a license holder to comply with

Subsection (a)(2) by maintaining a facsimile of the license

holder's seal on file at the location where services are provided

if:

(1) the services are provided:

(A) in a facility licensed under the Health and Safety Code;

(B) on behalf of a local, state, or federal government agency;

necessary by the board; and

(2) the facsimile is maintained on file at all times during

which the services are provided.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.156. DIETITIANS BOARD DUTIES REGARDING COMPLAINTS. (a)

The dietitians board by rule shall:

(1) adopt a form to standardize information concerning

complaints made to the board; and

(2) prescribe information to be provided to a person when the

person files a complaint with the board.

(b) The dietitians board shall provide reasonable assistance to

a person who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.157. POWERS AND DUTIES OF TEXAS BOARD OF HEALTH. To

implement this chapter, the Texas Board of Health:

(1) shall request and receive any necessary assistance from

state educational institutions or other state agencies;

(2) shall prepare information of consumer interest describing

the regulatory functions of the dietitians board, the procedures

by which consumer complaints are filed and resolved, and the

profession of dietetics;

(3) shall prepare a registry of licensed dietitians and

provisional licensed dietitians and make the registry available

to the public, license holders, and appropriate state agencies;

and

(4) may request the attorney general or the appropriate county

or district attorney to institute a suit to enjoin a violation of

this chapter in addition to any other action, proceeding, or

remedy authorized by law.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.158. ANNUAL REPORT REGARDING FUNDS. (a) The

department shall file annually with the governor and the

presiding officer of each house of the legislature a complete and

detailed written report accounting for all funds received and

disbursed by the dietitians board or the department for the

administration of this chapter during the preceding fiscal year.

(b) The report must be in the form and reported in the time

provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.159. DELEGATION TO COMMITTEE. The dietitians board may

delegate a function or activity required by this chapter to a

committee of board members on a permanent or temporary basis if

the board agrees to the delegation.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 11, eff. September 1, 2005.

Sec. 701.160. USE OF TECHNOLOGY. The dietitians board shall

implement a policy requiring the board to use appropriate

technological solutions to improve the board's ability to perform

its functions. The policy must ensure that the public is able to

interact with the board on the Internet.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 11, eff. September 1, 2005.

Sec. 701.161. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION POLICY. (a) The dietitians board shall develop and

implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The dietitians board's procedures relating to alternative

dispute resolution must conform, to the extent possible, to any

model guidelines issued by the State Office of Administrative

Hearings for the use of alternative dispute resolution by state

agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 11, eff. September 1, 2005.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 701.201. PUBLIC INTEREST INFORMATION. (a) The dietitians

board shall prepare information of public interest describing the

functions of the board and the board's procedures by which

complaints are filed with and resolved by the board.

(b) The dietitians board shall make the information available to

the public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.202. COMPLAINTS. (a) The dietitians board by rule

shall establish methods by which consumers and service recipients

are notified of the name, mailing address, and telephone number

of the board for the purpose of directing complaints to the

board. The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for services provided by a person regulated by the

board.

(b) The dietitians board shall list with its regular telephone

number any toll-free telephone number established under other

state law that may be called to present a complaint about a

health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.203. RECORDS OF COMPLAINTS. (a) The dietitians board

shall maintain a system to promptly and efficiently act on

complaints filed with the board. The board shall maintain:

(1) information about the parties to the complaint and the

subject matter of the complaint;

(2) a summary of the results of the review or investigation of

the complaint; and

(3) information about the disposition of the complaint.

(b) The dietitians board shall make information available

describing its procedures for complaint investigation and

resolution.

of the status of the complaint until final disposition of the

complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 12, eff. September 1, 2005.

Sec. 701.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The dietitians board shall adopt rules

concerning the investigation of a complaint filed with the board.

The rules adopted under this subsection shall:

(1) distinguish among categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator.

(b) The dietitians board shall:

(1) dispose of each complaint in a timely manner; and

(2) establish a schedule for conducting each phase of a

complaint that is under the control of the board not later than

the 30th day after the date the board receives the complaint.

projected time requirements for pursuing the complaint. Each

party shall be notified of any change in the schedule established

under Subsection (b)(2) not later than the seventh day after the

date the change is made.

(d) The executive secretary shall notify the dietitians board of

a complaint that is not resolved in the time prescribed by the

board for resolving the complaint so that the board may take

necessary action on the complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.2041. SUBPOENAS. (a) In an investigation of a

complaint filed with the dieticians board, the board may request

that the commissioner or the commissioner's designee approve the

issuance of a subpoena. If the request is approved, the board may

issue a subpoena to compel the attendance of a relevant witness

or the production, for inspection or copying, of relevant

evidence that is in this state.

(b) A subpoena may be served personally or by certified mail.

board, acting through the attorney general, may file suit to

enforce the subpoena in a district court in Travis County or in

the county in which a hearing conducted by the board may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The board may delegate the authority granted under

Subsection (a) to the executive secretary of the dieticians

board.

(f) The dieticians board shall pay a reasonable fee for

photocopies subpoenaed under this section in an amount not to

exceed the amount the board may charge for copies of its records.

(g) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(h) All information and materials subpoenaed or compiled by the

dieticians board in connection with a complaint and investigation

are confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the board or its employees or agents involved

in discipline of the holder of a license, except that this

information may be disclosed to:

(1) persons involved with the board in a disciplinary action

against the holder of a license;

(2) professional dietitian licensing or disciplinary boards in

other jurisdictions;

(3) peer assistance programs approved by the board under Chapter

467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(i) The filing of formal charges by the dieticians board against

a holder of a license, the nature of those charges, disciplinary

proceedings of the board, and final disciplinary actions,

including warnings and reprimands, by the board are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.401(a), eff.

Sept. 1, 2001.

Sec. 701.205. PUBLIC PARTICIPATION. (a) The dietitians board

shall develop and implement policies that provide the public with

a reasonable opportunity to appear before the board and to speak

on any issue under the board's jurisdiction.

(b) The dietitians board shall prepare and maintain a written

plan that describes how a person who does not speak English may

be provided reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.206. COMPLAINT COMMITTEE. The dietitians board shall

appoint at least one public member to any board committee

established to review a complaint filed with the board or review

an enforcement action against a license holder related to a

complaint filed with the board.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 13, eff. September 1, 2005.

SUBCHAPTER F. LICENSE REQUIREMENTS

Sec. 701.251. LICENSE REQUIRED; COMMISSION REGISTRATION. (a)

In this section, "Commission on Dietetic Registration" means the

commission that is a member of the National Commission on Health

Certifying Agencies.

(b) Unless the person holds an appropriate license issued under

this chapter, a person may not:

(1) use the title or represent or imply that the person has the

title "licensed dietitian" or "provisional licensed dietitian" or

use the letters "LD" or "PLD"; or

(2) use a facsimile of those titles to indicate or imply that

the person is a licensed dietitian or provisional licensed

dietitian.

Commission on Dietetic Registration, a person may not:

(1) use the title or represent or imply that the person has the

title "registered dietitian" or use the letters "RD"; or

(2) use a facsimile of that title to indicate or imply that the

person is a dietitian registered by the Commission on Dietetic

Registration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.252. LICENSE APPLICATION. (a) Each applicant for a

dietitian license must submit a sworn application accompanied by

the application fee.

(b) The dietitians board shall prescribe the application form

and may by rule establish dates by which applications and fees

must be received.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.253. LICENSE EXAMINATION. (a) In this section,

"Commission on Dietetic Registration" has the meaning assigned by

Section 701.251(a).

(b) Except as provided by Subsection (f), an applicant must pass

a license examination to qualify for a license under this

chapter.

examination. An examination prescribed by the board may be or may

include an examination given by the Commission on Dietetic

Registration or by a national or state testing service instead of

an examination prepared by the board.

(d) Any written portion of the examination must be validated by

an independent testing professional.

(e) The dietitians board shall administer an examination to

qualified applicants at least twice each calendar year.

(f) The dietitians board shall waive the examination requirement

for an applicant who, at the time of application, is a dietitian

registered by the Commission on Dietetic Registration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 14, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

147, Sec. 15, eff. September 1, 2005.

Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify for

the licensing examination under this chapter, an applicant must:

(1) possess a baccalaureate or postbaccalaureate degree,

conferred by a college or university regionally accredited at the

time of conferral, with:

(A) a major course of study in human nutrition, food and

nutrition, nutrition education, dietetics, or food systems

management; or

(B) an equivalent major course of study approved by the

dietitians board; and

(2) have completed an internship or preplanned, documented,

professional experience program in dietetics practice of not less

than 900 hours under the supervision of a licensed dietitian or a

registered dietitian approved by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.255. INVESTIGATION. (a) Not later than the 45th day

after the date a properly submitted and timely application is

received and not later than the 30th day before the next

examination date, the department shall notify an applicant in

writing of the receipt and investigation of the applicant's

application and any other relevant evidence relating to applicant

qualifications established by dietitians board rule.

(b) The notice shall state whether the applicant has qualified

for examination based on the application and other submitted

evidence. If the applicant has not qualified, the notice shall

state the reasons for the applicant's failure to qualify.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.256. LICENSING EXAMINATION RESULTS. (a) The

department shall notify each examinee of the licensing

examination results not later than the 30th day after the date

the examination is administered. If an examination is graded or

reviewed by a national or state testing service, the department

shall notify each examinee of the examination results not later

than the 14th day after the date the department receives the

results from the testing service.

(b) If the notice of the results of an examination graded or

reviewed by a national or state testing service will be delayed

for longer than 90 days after the examination date, the

department shall notify each examinee of the reason for the delay

before the 90th day.

examination, the department shall provide to the person an

analysis of the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 16, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

147, Sec. 17, eff. September 1, 2005.

Sec. 701.257. REEXAMINATION FOR LICENSING EXAMINATION. An

applicant who fails the licensing examination three times must

provide evidence to the dietitians board that the applicant has

successfully completed credit hours in the applicant's areas of

weakness before the applicant may apply for reexamination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 18, eff. September 1, 2005.

Sec. 701.2575. JURISPRUDENCE EXAMINATION. (a) The dietitians

board shall develop and administer at least twice each calendar

year a jurisprudence examination to determine an applicant's

knowledge of this chapter, board rules, and any other applicable

laws of this state affecting the applicant's dietetics practice.

(b) In addition to the license examination required by Section

701.253, an applicant must pass a jurisprudence examination to

qualify for a license under this chapter.

section, including rules related to the development and

administration of the examination, examination fees, guidelines

for reexamination, grading the examination, and providing notice

of examination results.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 19, eff. September 1, 2005.

Sec. 701.258. QUALIFIED PERSON ENTITLED TO LICENSE. The

dietitians board shall issue a license certificate as a licensed

dietitian to a person qualified for a license under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.259. PROVISIONAL LICENSE. (a) The dietitians board

may issue a license to use the title "provisional licensed

dietitian" to an applicant who files an application, pays an

application fee, and submits evidence of successful completion of

the education requirement under Section 701.254.

(b) A provisional licensed dietitian must practice under the

supervision and direction of a licensed dietitian. The

supervising licensed dietitian must sign the applicant's initial

application for a provisional license.

provisional licensed dietitian to a person qualified for a

provisional license under this chapter.

(d) A provisional license expires on the first anniversary of

the date of issuance and, if the supervising licensed dietitian

signs the renewal application, may be renewed annually not more

than twice by complying with the renewal procedures under Section

701.301.

(e) A provisional licensed dietitian shall comply with Sections

701.351 and 701.352.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.260. TEMPORARY LICENSE. (a) On receipt of an

application and payment of an application fee, the dietitians

board may grant a temporary license to an applicant who:

(1) is licensed in good standing as a dietitian in another state

that has licensing requirements that are substantially equivalent

to the requirements of this chapter;

(2) has passed a national or other examination that is

recognized by the board and relates to dietetics; and

(3) is sponsored by a person licensed by the board under this

chapter with whom the temporary license holder may practice.

(b) The dietitians board may waive the requirement of Subsection

(a)(3) if the board determines that compliance with that

provision is a hardship to an applicant.

board approves or denies the temporary license holder's

application for a license. The board shall issue a license under

this chapter to the holder of a temporary license if:

(1) the temporary license holder passes the competency

examination required by Section 701.253;

(2) the board verifies that the temporary license holder meets

the academic and experience requirements for a license under this

chapter; and

(3) the temporary license holder satisfies any other license

requirements under this chapter.

(d) The dietitians board must complete the processing of a

temporary license holder's application for a license not later

than the 180th day after the date the board issues the temporary

license. The board may extend this deadline to receive pending

examination results.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.261. INACTIVE STATUS. The dietitians board by rule may

provide for a license holder to place the person's license on

inactive status. The board by rule shall provide for a time limit

for a license to remain on inactive status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE RENEWAL

Sec. 701.301. LICENSE RENEWAL. (a) A license is valid for two

years after the date of issuance and may be renewed biennially.

(b) The Texas Board of Health by rule may adopt a system under

which licenses expire on various dates during the year. For the

year in which the license expiration date is changed, a license

fee payable on the original expiration date shall be prorated on

a monthly basis so that the license holder pays only that portion

of the fee allocable to the number of months the license is

valid. The license holder shall pay the total license renewal fee

on renewal of the license on the new expiration date.

required renewal fee to the dietitians board before the license

expiration date.

(d) A person whose license has been expired for 90 days or less

may renew the license by paying to the dietitians board a fee

that is equal to 1-1/4 times the amount of the renewal fee for

the license. If a license has been expired for more than 90 days

but less than one year, the person may renew the license by

paying to the board a fee that is equal to 1-1/2 times the amount

of the renewal fee for the license.

(e) Except as provided by Section 701.302, a person whose

license has been expired for one year or more may not renew the

license. The person may obtain a new license by complying with

the requirements and procedures for obtaining an original

license.

(f) Not later than the 30th day before a person's license

expiration date, the dietitians board shall send written notice

of the impending license expiration to the person at the person's

last known address according to board records.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 20, eff. September 1, 2005.

Sec. 701.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. The dietitians board may renew without

reexamination an expired license of a person who was licensed in

this state, moved to another state, and is currently licensed and

has been in practice in the other state for the two years

preceding the date the person applies for renewal. The person

must pay to the board a fee that is equal to the amount of the

examination fee for the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.303. CONTINUING EDUCATION. (a) The dietitians board

by rule shall establish a minimum number of hours of continuing

education required for license renewal under this chapter.

(b) The dietitians board may assess the continuing education

needs of license holders and may require license holders to

attend continuing education courses specified by the board. The

board shall develop a process to evaluate and approve continuing

education courses.

license holder's competent performance of professional duties.

The board shall adopt a procedure to assess the license holder's

participation in continuing education programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The dietitians

board may refuse to renew the license of a person who fails to

pay an administrative penalty imposed under Subchapter K, unless

enforcement of the penalty is stayed or a court has ordered that

the administrative penalty is not owed.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 21, eff. September 1, 2005.

SUBCHAPTER H. PRACTICE BY LICENSE HOLDER

Sec. 701.351. DISPLAY OF LICENSE CERTIFICATE. (a) A license

holder shall display the person's license certificate in an

appropriate and public manner.

(b) A license certificate issued by the dietitians board is the

property of the board and shall be surrendered on demand.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.352. LICENSE HOLDER INFORMATION. A license holder

shall keep the department informed of the license holder's

current address.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.353. PROHIBITED USE OF SEAL. (a) A person may not use

a seal authorized by the dietitians board unless the person holds

a license issued under this chapter.

(b) A person may not affix a seal to a document if the license

of the license holder named on the seal is expired, suspended, or

revoked.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER I. DISCIPLINARY PROCEDURES

Sec. 701.401. GROUNDS FOR DISCIPLINARY ACTION. The dietitians

board shall refuse to renew a license, revoke or suspend a

license, place on probation a person whose license has been

suspended, or reprimand a license holder for a violation of this

chapter or a rule or code of ethics adopted by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 22, eff. September 1, 2005.

Sec. 701.402. HEARING. (a) If the dietitians board proposes to

refuse to renew a license, revoke, or suspend a person's license,

the person is entitled to a hearing before the board.

(b) A member or employee of the dietitians board or a department

employee who carries out the functions of the board and proposes

to make a decision, a finding of fact, or a conclusion of law in

a proceeding pending before the board may communicate directly or

indirectly with a party to the proceeding or with the party's

representative only if notice and an opportunity to participate

are given to each party.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 23, eff. September 1, 2005.

Sec. 701.403. SANCTIONS. The State Office of Administrative

Hearings shall use the schedule of sanctions adopted by

dietitians board rule for a sanction imposed as the result of a

hearing conducted by the office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.404. PROBATION. The dietitians board may require a

license holder whose license suspension is probated to:

(1) report regularly to the board on matters that are the basis

of the probation;

(2) limit practice to areas prescribed by the board; or

(3) continue or review continuing professional education until

the license holder attains a degree of skill satisfactory to the

board in those areas that are the basis of the probation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.405. MONITORING OF LICENSE HOLDER. (a) The dietitians

board by rule shall develop a system for monitoring a license

holder's compliance with the requirements of this chapter.

(b) Rules adopted under this section must include procedures to:

(1) monitor for compliance a license holder who is ordered by

the dietitians board to perform certain acts; and

(2) identify and monitor license holders who represent a risk to

the public.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.406. INFORMAL PROCEDURES. (a) The dietitians board by

rule shall adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) an informal proceeding held in compliance with Section

2001.054, Government Code.

(b) Rules adopted under Subsection (a) must:

(1) provide the complainant and the license holder an

opportunity to be heard; and

(2) require the presence of a representative of the attorney

general or the dietitians board's legal counsel to advise the

board or the board's employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.407. ADMINISTRATIVE PROCEDURE. A proceeding to suspend

or revoke a license under this subchapter is governed by Chapter

2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.408. EMERGENCY SUSPENSION. (a) The dietitians board

or a three-member committee of board members designated by the

board shall temporarily suspend the license of a license holder

if the board or committee determines from the evidence or

information presented to it that continued practice by the

license holder would constitute a continuing and imminent threat

to the public welfare.

(b) A license may be suspended under this section without notice

or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare still exists. A final hearing on the matter shall be held

not later than the 61st day after the date of the temporary

suspension.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 23, eff. Sept. 1,

2003.

SUBCHAPTER J. PENALTIES AND OTHER ENFORCEMENT PROVISIONS

Sec. 701.451. CRIMINAL PENALTY. (a) A person commits an

offense if the person knowingly violates Section 701.251.

(b) A person commits an offense if the person violates Section

701.353(a).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 701.452. CEASE AND DESIST ORDER. (a) If it appears to the

dietitians board that a person who is not licensed under this

chapter is violating this chapter or a rule adopted under this

chapter, the board after notice and opportunity for a hearing may

issue a cease and desist order prohibiting the person from

engaging in the activity.

(b) A violation of an order under this section constitutes

grounds for imposing an administrative penalty under this

chapter.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 25, eff. September 1, 2005.

Sec. 701.453. INJUNCTION. (a) The dietitians board may apply

to a district court in any county for an injunction to restrain a

violation of Section 701.251 by a person.

(b) At the request of the board, the attorney general shall

initiate and conduct an action in a district court in the state's

name to obtain an injunction under this section.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 25, eff. September 1, 2005.

SUBCHAPTER K. ADMINISTRATIVE PENALTY

Sec. 701.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The

dietitians board may impose an administrative penalty on a person

licensed under this chapter who violates this chapter or a rule

or order adopted under this chapter.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount

of the administrative penalty may not be less than $50 or more

than $5,000 for each violation. Each day a violation continues or

occurs is a separate violation for the purpose of imposing a

penalty.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

penalty schedule based on the criteria listed in Subsection (b)

for violations of this chapter or board rules to ensure that the

amounts of penalties imposed are appropriate to the violation.

The board shall provide the administrative penalty schedule to

the public on request.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

147, Sec. 26, eff. September 1, 2005.

Sec. 701.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the commissioner or the commissioner's designee determines

that a violation occurred, the commissioner or the designee may

issue to the dietitians board a report stating:

(1) the facts on which the determination is based; and

(2) the commissioner's or the designee's recommendation on the

imposition of an administrative penalty, including a

recommendation on the amount of the penalty.

(b) Within 14 days after the date the report is issued, the

commissioner or the commissioner's designee shall give written

notice of the report to the person. The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended administrative penalty;

and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 10 days after the date the person receives the notice, the

person in writing may:

(1) accept the determination and recommended administrative

penalty of the commissioner or the commissioner's designee; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty of the commissioner or the commissioner's designee, the

dietitians board by order shall approve the determination and

impose the recommended penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.505. HEARING. (a) If the person requests a hearing or

fails to respond in a timely manner to the notice, the

commissioner or the commissioner's designee shall set a hearing

and give written notice of the hearing to the person.

(b) An administrative law judge of the State Office of

Administrative Hearings shall hold the hearing.

conclusions of law and promptly issue to the dietitians board a

proposal for a decision about the occurrence of the violation and

the amount of a proposed administrative penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.506. DECISION BY DIETITIANS BOARD. (a) Based on the

findings of fact, conclusions of law, and proposal for decision,

the dietitians board by order may determine that:

(1) a violation occurred and impose an administrative penalty;

(2) a violation did not occur.

(b) The notice of the dietitians board's order given to the

person must include a statement of the right of the person to

judicial review of the order.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Within 30 days after the date the dietitians board's order

becomes final, the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the

occurrence of the violation, the amount of the penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a

person who files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the dietitians

board's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the commissioner or the

commissioner's designee by certified mail.

a copy of an affidavit under Subsection (b)(2), the commissioner

or the designee may file with the court, within five days after

the date the copy is received, a contest to the affidavit.

(d) The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay the enforcement

of the penalty on finding that the alleged facts are true. The

person who files an affidavit has the burden of proving that the

person is financially unable to pay the penalty and to give a

supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.508. COLLECTION OF PENALTY. (a) If the person does

not pay the administrative penalty and the enforcement of the

penalty is not stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.509. DETERMINATION BY COURT. (a) If the court

sustains the determination that a violation occurred, the court

may uphold or reduce the amount of the administrative penalty and

order the person to pay the full or reduced amount of the

penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.510. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the administrative penalty and if the amount of the

penalty is reduced or the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, that

the appropriate amount plus accrued interest be remitted to the

person.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

date the penalty is paid and ending on the date the penalty is

remitted.

(d) If the person gave a supersedeas bond and the penalty is not

upheld by the court, the court shall order, when the court's

judgment becomes final, the release of the bond.

(e) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.511. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter is a contested case under Chapter 2001, Government

Code.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 24, eff. Sept. 1,

2003.

Sec. 701.512. REFUND. (a) Subject to Subsection (b), the

dietitians board may order a license holder to pay a refund to a

consumer as provided in an agreement resulting from an informal

settlement conference instead of or in addition to imposing an

administrative penalty under this chapter.

(b) The amount of a refund ordered as provided in an agreement

resulting from an informal settlement conference may not exceed

the amount the consumer paid to the license holder for a service

regulated by this chapter. The board may not require payment of

other damages or estimate harm in a refund order.

Added by Acts 2005, 79th Leg., Ch.

147, Sec. 27, eff. September 1, 2005.