South Carolina Code of Regulations Chapter 40 - DEPARTMENT OF LABOR, LICENSING AND REGULATION PANEL FOR DIETETICS
Here’s a refined summary of Chapter 40 – Panel for Dietetics under the South Carolina Code of Regulations, current through March 28, 2025:
📘 Chapter 40 Overview & Sections
Chapter 40 contains 17 key sections, covering all regulatory aspects of dietitian licensure and practice:
§ 40‑1 Definitions
§ 40‑2 Officers; Elections
§ 40‑3 Officer Duties & Policy
§ 40‑4 Meetings
§ 40‑5 Licensing Provisions (including §§ 40‑5.1–5.5, 5.6 repealed)
§ 40‑6 Renewal Requirements
§ 40‑7 Reinstatement of Inactive Licenses
§ 40‑8 Continuing Competency & CEUs
§ 40‑9 Fees
§ 40‑10 Misconduct Defined
§ 40‑11 Code of Ethics
§ 40‑12 Complaints
§ 40‑13 Appeals
§ 40‑14 Weight Program Exemption
§ 40‑15 Interpretation of Standards
§ 40‑17 Reporting Disciplinary Actions (regulations.justia.com, scstatehouse.gov, law.cornell.edu)
🔍 Section Highlights
§ 40‑1 Definitions
Defines core terms like:
Continuing education: organized programs tied closely to dietetics practice
Nutritional counseling, education, care, medical nutrition therapy
Distinctions in supply of general nutrition information vs. licensed practice (scstatehouse.gov)
§§ 40‑2 to 40‑4 — Panel Governance
Panel elects its Chair and Vice-Chair annually (§ 40‑2, § 40‑3)
Meets at least twice yearly; quorum requires a majority; unexcused absences may result in removal (§ 40‑4) (scstatehouse.gov)
Licensing Pathways (§ 40‑5 Series)
Initial licensure via exam or registration (§ 5.1, 5.2), including foreign-educated criteria (§ 5.4) (scstatehouse.gov)
§ 40‑6 Renewal
Licenses renew by May 31 every two years; late till June 30, after which licensure becomes inactive (§ 40‑6) (scstatehouse.gov)
§ 40‑7 Reinstatement
Requires proof of CE compliance, renewal + late + reinstatement fees; if inactive >4 years, full reapplication required (§ 40‑7) (scstatehouse.gov)
§ 40‑8 Continuing Education
Must maintain either active Commission on Dietetic Registration (CDR) status or complete 30 CEUs; documentation required (§ 40‑8) (scstatehouse.gov)
§ 40‑9 Fees
Fees administered per SC Regs. § 10‑13 by the Department (§ 40‑9) (scstatehouse.gov)
§ 40‑10 Misconduct
Misconduct includes violating statutes or rules, unethical practice, incompetence, or other violations under SC Code § 40‑20‑30 or § 40‑20‑100 (casetext.com)
§ 40‑11 Code of Ethics
Dietitians must act with honesty, scientific integrity, non-discrimination, confidentiality, and disclose conflicts; also must withdraw from practice if impaired (§ 40‑11) (regulations.justia.com)
§ 40‑12 Complaints & § 40‑13 Appeals
Complaints processed under Title 40 Chapter 1 and the Administrative Procedures Act; appeals follow § 40‑1‑160 and APA procedures (scstatehouse.gov)
§ 40‑14 Weight Program Exemption
Exempts general weight control programs from dietitian licensure provided individual nutrition therapy isn’t offered (§ 40‑14) (scstatehouse.gov)
§ 40‑15 Interpretation
Standards align with the Academy of Nutrition and Dietetics/Commission on Dietetic Registration’s professional practice standards (law.cornell.edu)
§ 40‑17 Disciplinary Reporting
Panel may report disciplinary actions to the Commission on Dietetic Registration (scstatehouse.gov)
✅ Summary
Chapter 40 establishes a robust regulatory framework for dietitians in South Carolina. It defines terms, governs Panel leadership and meetings, sets licensure paths, requires continuing education, enforces ethical standards, and outlines misconduct procedures, complaint handling, and disciplinary authority.
📎 Key Resources
Official Chapter 40 PDF from SC Statehouse
SC LLR’s Panel for Dietetics site (licensing, CE, complaint info) (llr.sc.gov, scstatehouse.gov)
Justia & Cornell provide section-by-section breakdowns (regulations.justia.com)
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