North Dakota Administrative Code Title 20.5 - Dietetic Practice, Board of
Overview of NDAC Title 20.5 — Board of Dietetic Practice
Purpose and Role
The Board of Dietetic Practice in North Dakota is the regulatory authority responsible for licensing, regulating, and overseeing the practice of dietetics and nutrition within the state. The goal of the Board is to ensure that dietitians and nutritionists meet professional standards of competence and ethics to protect public health, safety, and welfare.
The administrative rules codified in NDAC Title 20.5 set the qualifications for licensure, scope of practice, professional conduct requirements, continuing education, and disciplinary procedures for dietitians and nutritionists in North Dakota.
Legal Authority
The Board operates under authority granted by the North Dakota Century Code (NDCC), Chapter 43-41.3 which establishes licensure and regulation of dietetic practitioners.
NDAC Title 20.5 contains the administrative rules promulgated by the Board to carry out the statutory mandates.
Structure of NDAC Title 20.5
Key topics covered under Title 20.5 include:
Definitions and General Provisions
Licensing Requirements
Scope of Practice
Standards of Professional Conduct
Continuing Education Requirements
Disciplinary Procedures and Grounds for Action
Board Operations and Administrative Procedures
Key Provisions in Detail
1. Licensing Requirements
To practice dietetics or nutrition in North Dakota, an individual must be licensed by the Board.
Requirements typically include:
Graduation from an accredited dietetics or nutrition program.
Completion of supervised practice/internship.
Passing a national examination such as the Registration Examination for Dietitians.
Submission of a license application and payment of applicable fees.
The Board may also license individuals licensed in other states through reciprocity or endorsement provisions.
2. Scope of Practice
The rules define the authorized activities for licensed dietitians, which may include:
Nutrition assessment and diagnosis.
Development and implementation of nutrition care plans.
Providing medical nutrition therapy.
Nutrition education and counseling.
The Board may prohibit unlicensed individuals from using protected titles such as “Registered Dietitian” or “Licensed Dietitian Nutritionist.”
3. Standards of Professional Conduct
The Board establishes ethical standards and professional responsibilities.
Prohibited conduct includes:
Practicing while impaired or under the influence.
Fraud, misrepresentation, or falsification of records.
Violations of patient confidentiality.
Unprofessional behavior that harms the public or profession.
4. Continuing Education
Licensed dietitians must complete a minimum number of continuing education hours in approved courses or programs to maintain licensure.
The Board reviews and approves continuing education providers and programs.
5. Disciplinary Procedures
The Board investigates complaints alleging violations of the statutes or rules.
Grounds for disciplinary action include:
Violation of professional standards or ethics.
Conviction of a felony or serious crime related to practice.
Professional negligence or incompetence.
Sanctions may include reprimand, probation, suspension, revocation of license, or fines.
The licensee is entitled to due process including notice, a hearing, and appeal rights.
6. Board Operations
The Board holds regular meetings to review licensure applications, complaints, and rulemaking.
Procedures for public input, record keeping, and decision-making are outlined.
Relevant Case Law and Legal Principles
While there is limited North Dakota-specific case law directly interpreting Title 20.5 NDAC, legal principles from administrative law and professional licensing cases in North Dakota and other jurisdictions apply:
A. Licensure and Scope of Practice
Courts generally uphold state boards' authority to regulate professions to protect public safety.
Challenges to licensing denials or restrictions must show the Board acted arbitrarily, capriciously, or beyond its statutory authority.
Example principle: The Board may restrict practice to individuals who meet minimum education and examination standards.
B. Due Process in Disciplinary Actions
Licensees are entitled to due process before license suspension or revocation.
This includes:
Written notice of charges,
Opportunity to respond or request a hearing,
A fair and impartial hearing,
A written decision with findings of fact and conclusions of law.
Courts in North Dakota apply a substantial evidence standard when reviewing Board disciplinary decisions, deferring to the Board’s expertise unless the decision is unsupported by evidence.
C. Professional Negligence and Misconduct
The Board may sanction licensees for professional negligence if it affects public safety.
Court decisions often recognize the Board’s authority to interpret standards of care within the profession.
D. Public Protection vs. Individual Rights
Courts balance the state’s interest in protecting the public against individual professionals’ rights.
Boards have broad discretion in setting rules and standards, provided they are reasonable and not discriminatory.
Summary
| Aspect | Explanation |
|---|---|
| Title | NDAC Title 20.5 – Board of Dietetic Practice |
| Purpose | Regulate dietitians and nutritionists to protect public health |
| Authority | NDCC Chapter 43-41.3 and administrative rulemaking |
| Key Topics | Licensing, scope of practice, conduct, continuing education, discipline |
| License Requirements | Accredited degree, supervised practice, examination, fees |
| Disciplinary Grounds | Unprofessional conduct, criminal convictions, negligence |
| Due Process | Required in disciplinary proceedings |
| Case Law Principles | Courts defer to Board decisions unless arbitrary or unsupported |
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