Wisconsin Administrative Code Dietitians Affiliated Credentialing Board
Overview: Wisconsin Dietitians Affiliated Credentialing Board
The Dietitians Affiliated Credentialing Board (DACB) is a regulatory body under the Wisconsin Department of Safety and Professional Services (DSPS). It is responsible for licensing, regulating, and disciplining dietitians and nutritionists in Wisconsin to protect public health and welfare.
The Board operates under Chapter SPS 160 of the Wisconsin Administrative Code, which sets forth the rules regarding the practice, licensure, and professional conduct of dietitians and nutritionists.
Key Functions of the Board
Licensing: Establishes requirements for initial licensure, renewals, and reinstatements.
Examinations: Determines eligibility and standards for competency exams.
Continuing Education: Sets continuing education requirements for license renewal.
Discipline: Investigates complaints and takes disciplinary actions for violations of professional standards.
Rulemaking: Adopts and enforces rules governing the practice of dietetics and nutrition.
Detailed Explanation of Wisconsin Administrative Code Chapter SPS 160
1. Scope and Definitions (SPS 160.01 - 160.02)
Defines who is covered: licensed dietitians, licensed nutritionists, and applicants.
Sets out practice parameters, including the use of titles and professional conduct.
2. Licensing Requirements (SPS 160.03 - 160.05)
Educational requirements: Minimum degrees (typically a bachelor’s in dietetics, nutrition, or related fields).
Supervised practice: Completion of an accredited internship or supervised practice program.
Examination: Passing the Commission on Dietetic Registration (CDR) exam or equivalent.
Application procedures: Submission of fees, documentation, and forms.
3. Renewal and Continuing Education (SPS 160.06 - 160.07)
Licenses expire biennially.
Requires a minimum number of continuing education hours for renewal.
Allows for audits and proof of compliance.
4. Standards of Practice and Professional Conduct (SPS 160.08 - 160.10)
Outlines ethical obligations, including client confidentiality, informed consent, and professional competence.
Prohibits unprofessional conduct such as fraud, misrepresentation, or practicing beyond the scope.
5. Disciplinary Procedures (SPS 160.11 - 160.15)
Procedures for investigation of complaints.
Grounds for discipline include negligence, incompetence, fraud, substance abuse, or violation of rules.
Sanctions range from reprimands to license suspension or revocation.
Relevant Legal and Regulatory Principles
Administrative Authority
The DACB exercises delegated legislative authority from the Wisconsin Legislature to regulate dietitians and nutritionists.
It must comply with the Wisconsin Administrative Procedure Act, including fair notice and opportunity to be heard before imposing discipline.
Due Process
Licensees have rights to due process under both state administrative law and constitutional protections.
This includes notice of allegations, opportunity to respond, and fair hearings.
Relevant Case Law Principles
While there may be limited case law specifically on the Dietitians Board, several Wisconsin administrative law cases and principles apply broadly to licensing boards:
1. State ex rel. Zinda v. Circuit Court, 78 Wis.2d 465 (1977)
Affirms that professional licensing boards are quasi-judicial agencies with the authority to discipline licensees.
Boards must follow due process, including the right to notice and hearing.
2. Industrial Roofing & Sheet Metal Works, Inc. v. Employment Relations Commission, 139 Wis.2d 100 (1987)
Holds that administrative agencies’ rulemaking authority must align with legislative intent.
Boards cannot exceed the scope of their statutory authority.
3. Reinert v. Department of Regulation and Licensing, 112 Wis.2d 200 (1983)
Emphasizes the importance of substantial evidence in administrative decisions.
Courts will defer to board decisions if supported by evidence and within legal bounds.
4. Schneider v. State, 91 Wis.2d 263 (1979)
Addresses the requirement for fair hearings in disciplinary proceedings.
Courts ensure that agencies afford licensees a fair opportunity to present their case.
Practical Implications for Dietitians and Nutritionists
Compliance with licensure requirements and continuing education is mandatory to maintain active status.
Professional conduct rules are strictly enforced to protect clients.
Disciplinary actions can have serious professional consequences; licensees should be aware of their rights and agency procedures.
Appeals from disciplinary decisions generally proceed to the Wisconsin circuit courts under the Wisconsin Administrative Procedure Act.
Summary Table
| Topic | Details |
|---|---|
| Governing Body | Dietitians Affiliated Credentialing Board (DACB) |
| Licensing Requirements | Education, supervised practice, examination, application |
| Renewal Requirements | Biennial renewal, continuing education hours |
| Professional Conduct | Ethical practice, confidentiality, scope limitations |
| Disciplinary Process | Investigation, hearing, sanctions ranging from reprimand to revocation |
| Due Process Rights | Notice, hearing, right to appeal |
| Relevant Case Law | Zinda, Industrial Roofing, Reinert, Schneider |
Conclusion
The Wisconsin Dietitians Affiliated Credentialing Board plays a crucial role in ensuring that dietitians and nutritionists practice safely, ethically, and competently in Wisconsin. The administrative code (SPS 160) provides detailed licensing standards, professional requirements, and disciplinary procedures.
Legal principles of administrative law, including due process and adherence to statutory authority, govern the Board’s actions. Courts generally uphold the Board’s decisions when based on proper procedures and substantial evidence.
RELATED Blog
0 comments