PROPOSED RULE CHANGES WITH AN EFFECTIVE DATE OF AUGUST 1, 2019

In accordance with N.C.G.S. §150B-19.1(c), the North Carolina Board of Dietetics/Nutrition (the NCBDN) hereby gives notice that it has submitted to the Office of Administrative Hearings-Rules Review Commission for publication in the April 15, 2019 North Carolina Register the notice of text for proposed rule readoption with substantive changes for rules 21 NCAC 17. 0101, 21 NCAC 17. 0104, 21 NCAC 17. 0105, 21 NCAC 17.0107, 21 NCAC 17. 0109, and 21 NCAC 17. 0303.  No federal certifications or fiscal notes are required for any of these proposed changes.

Explanation of the Proposed Rule Changes: Pursuant to G.S. 150B-21.3A(d)(2), the North Carolina Board of Dietetics/Nutrition (the NCBDN) must readopt rules 21 NAC 17. 0101; .0104; .0105; .0107; .0109; and .0303 as all of these rules were determined to be necessary with substantive public interest. These rules involve definitions, the application process, the examinations the Board recognizes, provisional licensure for those who have not yet passed the qualifying examination, issuance and renewal of a license, and supervision of those working on their supervised practice requirements in order to qualify for licensure.  In 2016, the NCBDN classified these rules as rules that would require readoption because it was aware of (and supported) proposed legislation that would significantly change the NC Dietetics/Nutrition Practice Act (the Act), and consequently impact the rules drafted pursuant to this Act.  Such legislation was passed in 2018 as SL2018_91.  In addition to other changes, SL2018_91 provided for a new pathway to licensure for qualified nutrition professionals.  The NCBDN recognized each of these rules provided for in this Notice of Text as rules that either involved a piece of that licensure process or maintenance of a license once obtained.  With the creation of the new licensure pathway provided under N.C. Gen. Stat. § 90-357.5(c), which went into effect July 1, 2018, the current versions of these rules are no longer aligned with the provisions of Article 25 of Chapter 90.

Public Comments: A public hearing on the proposed rules changes will be held at the NCBDN’s office, in the first floor conference room, at 140 Preston Executive Drive, Cary, NC 27513, on May 22, 2019 at 3:00 PM.  Written comments concerning the rules changes will be accepted through June 14, 2019, at 5:00 PM.  It is anticipated that the rule changes will be presented to the NCBDN for consideration and adoption at its meeting on June 19, 2019.

Members of the public may submit written comments on any proposed rule(s) by contacting the NCBDN’s rule-making coordinator as follows:

Charla Burill
NCBDN
140 Preston Executive Drive, Suite 205-C
Cary, NC 27513
(919) 882-1776 (fax)
director@ncbdn.org

 

Below, please find the Notice of Text and the proposed Rules.

Notice of Text & Proposed Rules pdf

 

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.