reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter X - MANAGEMENT ARRANGEMENTS › Section .0100 - MANAGEMENT ARRANGEMENTS › Section 16X .0101 - MANAGEMENT ARRANGEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No dentist or
				  professional entity shall enter into a management arrangement, contractual
				  agreement, stipulation, or other legal binding instrument with a business
				  entity, corporation, proprietorship, or other business entity, for the
				  provision of defined business services, bundled business services, or other
				  business services, the effect of which may provide control of business
				  activities or clinical/professional services of that dentist or professional
				  entity, unless such management arrangement meets the requirements of Paragraphs
				  (b) and (c) of this Rule. This Rule shall not apply to agreements for the
				  provision of legal, financial, or other services not related to the provision
				  of management services for a fee or to employment arrangements between an
				  employee and the dentist or professional entity.
(b) Any management arrangement, contractual
				  agreement, stipulation, or other binding instrument shall:
(1) be in a writing that:
(A) is signed by all parties to the
				  agreement;
(B) sets forth all
				  material terms of the arrangement between or among the parties
				  thereto;
(C) describes all of the
				  types of services to be provided by the management company and the time periods
				  during which those services will be provided; and
(D) sets forth the aggregate compensation to
				  be paid under the management arrangement, contractual agreement, stipulation,
				  or other legal binding instrument with a business entity or the precise
				  methodology for calculating such compensation.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Y - INTERN PERMITTING: DENTISTS › Section 16Y .0101 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Persons shall be eligible for an intern permit under the provisions of
				G.S.
				90-29.4 if they are:
(1) not licensed to practice dentistry in
				North Carolina, but are a graduate of and have a DMD or DDS degree from a
				dental school or program accredited by the Commission on Dental Accreditation
				of the American Dental Association; or
(2) a graduate of a dental program other than
				a program accredited by the Commission on Dental Accreditation of the American
				Dental Association who has been accepted into a graduate, intern, fellowship,
				or residency program at a North Carolina Dental School or teaching hospital
				offering programs in dentistry.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Y - INTERN PERMITTING: DENTISTS › Section 16Y .0102 - APPLICATION FOR INTERN PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				applicant who is eligible for an intern permit pursuant to Rule .0101(a) of
				this Subchapter shall:
(1) submit to the
				Board a notarized application form provided by the Board at
				www.ncdentalboard.org that includes the information and materials required by
				21 NCAC
				16B .0301(a);
(2) submit the nonrefundable intern permit
				fee set forth in
				21 NCAC
				16M .0101;
(3) submit a letter from a prospective
				supervising dentist confirming he or she will supervise the intern;
				and
(4) satisfy the examination
				requirements in
				21 NCAC
				16B .0303(a).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Y - INTERN PERMITTING: DENTISTS › Section 16Y .0103 - EMPLOYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The practice of
				dentistry under an intern permit is limited to the confines and registered
				patients of the following employment sites:
(1) a nonprofit hospital, sanatorium, or a
				like institution;
(2) a nonprofit
				health care facility serving low-income populations; or
(3) a state or governmental facility or
				entity or any political subdivision of such.
Each facility or entity set out in Paragraph (a) of this Rule
				  shall submit documentation to the Board evidencing that it meets the
				  qualifications set out in
				  G.S.
				  90-29.4(3) in order for the
				  facility or site to be considered an approved employment site.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Y - INTERN PERMITTING: DENTISTS › Section 16Y .0104 - DIRECTION AND SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Holders of a valid intern permit who are currently licensed in Canada or a U.S.
				territory or state may practice under direction of one or more dentists with a
				current and valid North Carolina license. The directing dentist shall be
				responsible for all consequences or results arising from the permit holder's
				practice of dentistry.
(b) Holders
				of a valid intern permit who are not currently licensed in Canada or a U.S.
				territory or state may work only under supervision of one or more dentists with
				a current and valid North Carolina license. The supervising dentist shall be
				responsible for all consequences or results arising from the permit holder's
				practice of dentistry.
(c) Holders
				of any valid intern permit under this Rule who are required to be on-call,
				either in-person or by electronic means, in an emergency setting may practice
				under the direction or supervision of a dentist following the accrediting
				standard of the Commission on Dental Accreditation (CODA).
(d) For purposes of this Rule, the acts of a
				permit holder are deemed to be under the direction of a licensed dentist when
				performed in a locale where a licensed dentist is not always required to be
				physically present during the performance of the acts that are being performed
				pursuant to the dentist's order, control, and approval.
(e) For purposes of this Rule, the acts of a
				permit holder are deemed to be under the supervision of a licensed dentist when
				performed in a locale where a licensed dentist is physically present during the
				performance of the acts that are being performed pursuant to the dentist's
				order, control, and approval.
(f)
				The CODA accrediting standard and its subsequent amendments and editions, which
				are incorporated herein by reference, are published on the American Dental
				Association's website located at
http://www.ada.org/en/coda/policies-and-guidelines/policy-and-procedure-manual
,
				and are available at no cost.
Authority
				  G.S.
				  90-28;
				  90-29.4;
Eff. August
				  1, 2002;
Amended Eff. November 1, 2017; July 1, 2015;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Y - INTERN PERMITTING: DENTISTS › Section 16Y .0105 - COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
A permit holder shall comply with limitations delineated in
				  this Subchapter and placed on the permit and shall comply with rules of the
				  Board. Failure to comply with the provisions of this Subchapter may result in
				  suspension or revocation of the intern permit to practice dentistry in
				  accordance with
				  G.S.
				  90-41.
Authority
				  G.S.
				  90-28;
				  90-29.4;
Eff. August
				  1, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Z - LIMITED SUPERVISION HYGIENISTS › Section 16Z .0101 - ELIGIBILITY TO PRACTICE HYGIENE OUTSIDE DIRECT SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To be eligible to perform the clinical
				hygiene procedures set out in
				G.S.
				90-221(a) without the direct
				supervision of a dentist, a dental hygienist shall:
(1) maintain an active license to practice
				dental hygiene in this State;
(2)
				have no prior disciplinary history in any state;
(3) complete at least three years of
				experience in clinical dental hygiene or at least 2,000 hours of performing
				prophylaxis or periodontal debridement under the supervision of a dentist
				licensed in this State within the five calendar years immediately preceding
				initial approval to work without direct supervision;
(4) maintain current CPR certification;
				and
(5) complete at least six hours
				of Board approved continuing education in dental office medical emergencies, in
				addition to the minimum hours of continuing education required for license
				renewal. A list of Board-approved sponsors appears in
				21 NCAC
				16I .0202.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Z - LIMITED SUPERVISION HYGIENISTS › Section 16Z .0102 - RECORD KEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A dentist who
				designates a dental hygienist employee as capable of providing clinical dental
				hygiene procedures without direct supervision of the dentist must keep and
				maintain the following records for at least ten years:
(1) names of all hygienists who provide
				clinical dental hygiene procedures without direct supervision;
(2) proof that each hygienist, at the time of
				initial approval, met the experience requirements set out in Rule .0101(a) of
				this Subchapter;
(3) names and
				locations of all facilities at which each hygienist has provided clinical
				dental hygiene procedures without direct supervision;
(4) work schedules reflecting all locations
				at which each hygienist is scheduled to provide clinical dental hygiene
				procedures without direct supervision in the next 30 days;
(5) work schedules of all hygienists
				indirectly supervised by the dentist, with sufficient detail to demonstrate
				that a single dentist does not supervise more than two hygienists employed in
				clinical dental hygiene positions at any given time;
(6) records reflecting the personal
				examination of the patient and the procedures directed by the dentist;
				and
(7) proof that the dentist and
				hygienist complied with the requirements of
				G.S.
				90-233(a1)(1) -
				(3).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Z - LIMITED SUPERVISION HYGIENISTS › Section 16Z .0103 - INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All locations at which a hygienist performs clinical dental
				  hygiene procedures without direct supervision of a dentist shall be subject to
				  random, unannounced inspection by the Dental Board or its agents for the
				  purpose of determining if services are provided in compliance with the Center
				  for Disease Control and OSHA standards for infection control and patient
				  treatment.
Authority
				  G.S.
				  90-221;
				  90-233;
Eff. February
				  1, 2008;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0101 - DEFINITIONS, ACRONYMS, AND INITIALISMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As
				used in this Chapter, the following terms shall mean:
(1) "Act" means Dietetics/Nutrition Practice
				Act in G.S. 90, Article 25.
(2)
				"Applicant" means any person who has applied to the Board for a license to
				lawfully do any of the acts listed under
				G.S.
				90-365(a).
(3) "Application" means a written request
				directed to and received by the Board, on forms supplied by the Board, for a
				license to lawfully do any of the acts listed under
				G.S.
				90-365(a), together with all
				information, documents, and other materials necessary to demonstrate that the
				applicant has met the requirements for licensure as specified in the
				Act.
(4) "Degree" means a degree
				received from a college or university that was regionally accredited at the
				time the degree was conferred, or a validated foreign equivalent.
(5) "Dietitian/nutritionist" or
				"nutritionist" means one engaged in dietetics or nutrition practice.
(6) "Health care practitioner" includes any
				individual who is licensed under G.S. 90 and whose licensed scope of practice
				includes dietetics or nutrition.
(7) "Nutrition assessment" means:
(A) the evaluation of the nutrition needs of
				individuals and groups by licensed dietitians/nutritionists and licensed
				nutritionists based upon biochemical, anthropometric, nutrigenomic, physical,
				and food and diet history data to determine nutritional needs and order
				therapeutic diets, including enteral and parenteral nutrition; and
(B) the ordering of laboratory tests related
				to the practice of nutrition and dietetics.
(8) "Nutrition counseling" means the advice
				and assistance provided by licensed dietitians/nutritionists and licensed
				nutritionists to individuals or groups on nutrition intake by integrating
				information from the nutrition assessment with information on food and other
				sources of nutrient and meal preparation consistent with therapeutic needs and
				cultural background, which shall include ethnicity, race, language, religious
				and spiritual beliefs, education, and socioeconomic status.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0102 - REPEALED - REQUIREMENT OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-352;
				  90-356;
Filed as a
				  Temporary Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on
				  September 13, 1992;
Eff. June 1, 1992;
Recodified from
				  21 NCAC
				  17 .0002 Eff. February 1, 1995;
Amended Eff. March 1, 1996;
Repealed Eff. July 18,
				  2002.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0103 - QUALIFICATIONS FOR LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for an initial license as a licensed
				  dietitian/nutritionist shall meet the qualifications as set forth in
				  G.S.
				  90-357.
Authority
				  G.S.
				  90-356;
				  90-357;
Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Eff. June 1, 1992;
Recodified from
				  21 NCAC
				  17 .0003 Eff. February 1, 1995;
Amended Eff. December 1, 2011; July 18, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0104 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant
				for initial licensure shall file a completed application with the Board.
				Application forms are available at
www.ncbdn.org
.
(b) A complete application shall be:
(1) typed;
(2) signed by the applicant affirming that
				the information on the application is true and releasing to the Board
				information pertaining to the application;
(3) accompanied by the application, issuance,
				and criminal history record check fees; and
(4) accompanied by evidence, statements, or
				documents demonstrating the applicant meets the applicable requirements
				specified in
				G.S.
				90-357.5 and this Rule and the applicant is
				not in violation of
				G.S.
				90-363.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0105 - EXAMINATION FOR LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall recognize the passing scores set by the
				  testing agencies for the exams in
				  G.S.
				  90-359 as "successful
				  completion."
Authority
				  G.S.
				  90-356;
				  90-359;
Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Eff. June 1, 1992;
Recodified from
				  21 NCAC
				  17 .0005 Eff. February 1, 1995;
Amended Eff. July 18, 2002;
Readopted Eff. August 1,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0106 - GRANTING LICENSE WITHOUT EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
If an applicant seeks licensure on the basis that the
				  applicant currently holds a valid license as a licensed dietitian/nutritionist
				  issued by another state, political territory or jurisdiction with equivalent
				  requirements, the applicant shall attach to the application evidence
				  that:
(1) The applicant currently
				holds a license in good standing; and
(2) The requirements of the state, political
				territory or jurisdiction are equivalent to those of this state.
Authority
				  G.S.
				  90-356;
				  90-360;
Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Eff. June 1, 1992;
Recodified from
				  21 NCAC
				  17 .0006 Eff. February 1, 1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0107 - PROVISIONAL LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicants for
				a provisional license under
				G.S.
				90-357.5(a) shall provide
				evidence of completing the educational and supervised practice experience
				requirements by submitting the information required by Rule
				21 NCAC
				17 .0104(h) and (j), and
				providing evidence of making application to take the Registered Dietitian
				Nutritionist examination. Applicants granted provisional licensure under
				G.S.
				90-357.5(a) shall be given
				the credential "PLDN."
(b)
				Applicants for a provisional license under
				G.S.
				90-357.5(c) shall provide
				evidence of completing the educational and supervised practice experience
				requirements by submitting the information required by Rule
				21 NCAC
				17.0104(i) and (k), and
				providing evidence of making application to take the Certified Nutrition
				Specialist examination or the Diplomate of the American Clinical Board of
				Nutrition examination. Applicants granted a provisional license under
				G.S.
				90-357.5(c) shall be given
				the credential "PLN."
(c)
				Applications for a provisional license are available at
				www.ncbdn.org.
(d) A provisional
				license shall be issued for a period of 12 months upon the applicant completing
				the following:
(1) payment of application,
				issuance, and criminal history record check fees;
(2) submission of a completed, approved
				application as provided by the Board; and
(3) provision of evidence of being under the
				supervision of North Carolina licensed dietitian(s)/nutritionist(s) or licensed
				nutritionist(s).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0108 - DISAPPROVED APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall not approve an applicant for licensure or
				  renewal if the applicant:
(1) has not
				completed the requirements set by Article 25 of Chapter 90 of the General
				Statutes and the rules of this Chapter.
(2) has failed to remit any applicable fees;
				and
(3) has failed to comply with
				requests for supporting documentation.
Authority
				  G.S.
				  90-356;
				  90-358;
				  90-363;
Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Eff. June 1, 1992;
Recodified from
				  21 NCAC
				  17 .0008 Eff. February 1, 1995;
Amended Eff. July 18, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Amended Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0110 - LICENSURE CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				issue to each licensee an electronic license certificate and an electronic
				license identification card. The identification card shall contain the person's
				name, license number, and date of expiration.
(b) License certificates shall be signed by
				the Chair, Secretary, and Treasurer and be affixed with the seal of the Board.
				Identification cards shall bear the signature of the Chair.
(c) Any certificate or identification card
				issued by the Board shall remain the property of the Board and shall be
				surrendered to the Board upon demand.
(d) Licensees shall comply with
				G.S.
				90-640, which specifies the wearing of a name
				badge.
(e) The license certificate
				must be displayed in a public manner as follows:
(1) The license certificate shall be
				displayed in the primary place of employment of the licensee; or
(2) In the absence of a primary place of
				employment or when the licensee is employed in multiple locations, the licensee
				shall print and carry a current, Board-issued license identification
				card.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0111 - INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee may
				have a license placed in inactive status by written request to the Board,
				signed by the holder of the license or the holder's legal guardian.
(b) While a license is in an inactive status,
				the licensee shall meet the continuing education requirements each year as
				required by the Board's rules, but is not required to pay the renewal
				fee.
(c) A license may be withdrawn
				from inactive status by written request of the holder, completion of a renewal
				application, compliance with continuing education requirements and payment of
				the current licensing fee.
Authority
				  G.S.
				  90-356;
				  90-362;
Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Eff. June 1, 1992;
Recodified from
				  21 NCAC
				  17 .0011 Eff. February 1, 1995;
Amended Eff. July 18, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0112 - SUSPENSION, REVOCATION AND DENIAL OF LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board may refuse to issue a license, or suspend, revoke, or impose probationary
				conditions and restrictions on the license of a person upon a finding of any of
				the causes provided in Article 25 of Chapter 90 of the General
				Statutes.
(b) When the Board has
				probable cause to believe that, an applicant or licensee has violated any part
				of G.S.
				90-350 through
				90-369 or the rules of this
				Chapter, the Board shall so advise the person in writing as referenced in Rule
				.0503 and .0504 of this Chapter and provide the person with the opportunity for
				a hearing as referenced in Rule .0504 of this Chapter. The Board's final
				decision or order shall be made in writing as referenced in Rule .0514 of this
				Chapter.
(c) A suspended license is
				subject to expiration and may be renewed as provided in this Section, but such
				renewal shall not entitle the licensee to engage in the licensed activity until
				he or she is reinstated. If a license revoked on disciplinary grounds is to be
				reinstated, the licensee must reapply and pay all applicable fees. The Board
				may deny or refuse to reinstate a license or may suspend or impose probationary
				conditions on a license if the licensee has engaged in conduct listed in
				G.S.
				90-363.
Authority
				  G.S.
				  90-356;
				  90-363;
Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Eff. August 3, 1992;
Recodified from
				  21 NCAC
				  17 .0012 Eff. February 1, 1995;
Amended Eff. January 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Amended Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0113 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
The following fees, where applicable, are payable to the
				  Board by credit card, check, or money order. Credit card payments are only
				  accepted electronically via the Board's web-based licensure system. Payments by
				  check or money order may be mailed to: North Carolina Board of
				  Dietetics/Nutrition, 1135 Kildaire Farm Road, Suite 200, Cary, NC 27511. Fees
				  are nonrefundable, except the Board may refund the Issuance Fee when an
				  application is not approved.
Application Fee
$60.00
Issuance Fee
$150.00
License Renewal Fee
$95.00
Late Renewal Fee
$75.00
Examination Fee
$200.00
Provisional License Fee
$35.00
Duplicate License Certificate Fee
$30.00
Authority
				  G.S.
				  90-356;
				  90-364;
Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Eff. June 1, 1992;
Recodified from
				  21 NCAC
				  17 .0013 Eff. February 1, 1995;
Amended Eff. July 1, 2003; July 18, 2002; March 1, 1996; February 1,
				  1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Amended Eff.
				  November 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0115 - REPEALED - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September
				  13, 1992;
Authority
				  G.S.
				  90-356;
				  90-368;
Eff. June 1,
				  1992;
Recodified from
				  21 NCAC
				  17 .0015 Eff. February 1, 1995;
Repealed Eff. July 18, 2002.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0116 - REPEALED - VIOLATIONS, COMPLAINTS, SUBSEQUENT BOARD ACTION, AND HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-356;
				  90-363;
				  90-370;
Temporary
				  Adoption Eff. July 16, 1992 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. November 30,
				  1992;
Recodified from
				  21 NCAC
				  17 .0016 Eff. February 1, 1995;
Amended Eff. April 1, 2010; July 18, 2002; January 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Repealed Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0117 - SUSPENSION OF AUTHORITY AND ESCROW OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Not later than October 31 of each year, the Board shall file
				  the reports required by
				  G.S.
				  93B-2. In the event the reports required by
				  G.S.
				  93B-2 are not timely filed and the Board's
				  authority to expend any funds is therefore suspended, the Board shall deposit
				  any fees or funds received during the period of suspension to an escrow account
				  established by the Board solely for this purpose, and shall not expend such
				  fees or funds until such time as the required reports are filed in accordance
				  with G.S. 93B-2.
Authority
				  G.S.
				  90-356;
				  93B-2;
Eff. April 1,
				  2010;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0118 - ARMED SERVICES LICENSEES

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of a written request on or behalf of a licensee
				  who is currently in good standing with the Board, is serving in the armed
				  forces of the United States, and to whom
				  G.S.
				  105-249 grants an extension of time to file a
				  tax return, the Board shall waive or postpone renewal fees, renewal application
				  deadlines, continuing education requirements and any other requirement or
				  conditions related to the maintenance of the license issued by the Board or to
				  the renewal thereof for a period of time not less than the extended period of
				  time to file a tax return that is granted pursuant to
				  G.S.
				  93B-15.
Authority
				  G.S.
				  90-356;
				  93B-15;
Eff. April 1,
				  2010;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0119 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A request for a
				declaratory ruling made pursuant to
				G.S.
				150B-4 shall be in writing and addressed to
				the Board at the address provided in Rule .0104(c) of this Section. The request
				shall contain the following information:
(1)
				the name and address of the person requesting the ruling;
(2) the statute, rule, or order to which the
				request relates;
(3) a concise
				statement as to whether the request is for a ruling on the validity of a rule
				or on the applicability of a statute, rule, or order to a given factual
				situation; and
(4) a statement as
				to whether a hearing is desired, and if desired, the reason
				therefore.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0120 - PETITIONS FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Rule-making petitions made pursuant to
				G.S.
				150B-20 shall be sent to the Board. No
				special form is required, but the petitioner shall state his or her name and
				address. The petition shall include:
(1) the
				text of the proposed rule(s) for adoption or amendment;
(2) a statement of the reasons for the
				proposal;
(3) a statement of the
				effect of the proposal on existing rules or decisions;
(4) any data supporting the proposed rule
				change;
(5) if known, practices
				likely to be affected by the proposed rule change; and
(6) if known, persons likely to be affected
				by the proposed rule change.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0100 - LICENSURE › Section 17 .0121 - RULE MAKING NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Persons or agencies desiring to receive notice of the Board's
				  rule making shall file a written request with the Board at the address provided
				  in Rule .0104 (c) of this Section, furnishing their name, mailing address, and
				  electronic mailing address, if applicable.
Authority
				  G.S.
				  90-356(2);
				  150B-21.2(d);
Eff. June 1, 2015;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0200 - REVIEW AND APPROVAL OF WEIGHT CONTROL SERVICES › Section 17 .0201 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-356;
				  90-368;
Eff. February
				  1, 1995;
Amended Eff. December 1, 2011; March 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Repealed Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0200 - REVIEW AND APPROVAL OF WEIGHT CONTROL SERVICES › Section 17 .0202 - REPEALED - REQUIREMENT FOR REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-356;
				  90-368;
Eff. February
				  1, 1995;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Repealed Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0200 - REVIEW AND APPROVAL OF WEIGHT CONTROL SERVICES › Section 17 .0203 - REPEALED - REVIEW AND BOARD ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-356;
				  90-368;
Eff. February
				  1, 1995;
Amended Eff. December 1, 2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Repealed Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0300 - DIETETIC/NUTRITION STUDENTS OR TRAINEES › Section 17 .0301 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-356(2);
				  90-368(2);
Eff. March 1, 1996;
Repealed Eff. July 18,
				  2002.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0300 - DIETETIC/NUTRITION STUDENTS OR TRAINEES › Section 17 .0302 - REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
A student or trainee is exempt pursuant to
				  G.S.
				  90-360(2) when enrolled in a
				  course of study not to exceed five years. The Board may approve or disapprove a
				  request for an extension of the period of time based upon circumstances beyond
				  the control of the student or trainee.
Authority
				  G.S.
				  90-356(2);
				  90-368(2);
Eff. March 1, 1996;
Amended Eff. July 18, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0300 - DIETETIC/NUTRITION STUDENTS OR TRAINEES › Section 17 .0303 - SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of
				  G.S.
				  90-368(2), "direct
				  supervision" means the supervising practitioner:
(1) discusses and recommends, with the
				student or trainee, nutrition care services undertaken by the student or
				trainee, which are appropriate to the level of nutrition care;
(2) is available for consultation on
				nutrition care services being performed by the student or trainee, either
				through on-site or through electronic communication;
(3) shall be available to render assistance
				when requested by the student or trainee or the patient or client, or shall
				have arranged for another practitioner to be available in the absence of the
				supervising practitioner;
(4)
				periodically observes the nutrition care services of the student or trainee
				supervised, and evaluates and approves all nutrition care services of the
				student or trainee supervised; and
(5) shall maintain responsibility for the
				nutrition care activities performed by the student or trainee.
Authority
				  G.S.
				  90-356(2);
				  90-357.5;
				  90-368(2);
Eff. March 1, 1996;
Amended Eff. December 1, 2011; July 18,
				  2002;
Readopted Eff. December 1,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0300 - DIETETIC/NUTRITION STUDENTS OR TRAINEES › Section 17 .0304 - RECORDS AND REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permanent and
				current records from internships or documented, supervised practice experiences
				in nutrition services shall be available for review by representatives of the
				Board. The Board may use such records in determining compliance with
				G.S.
				90-368(2) and in approving
				applications for a license.
(b) The
				Board may require such records for review throughout the period of completing
				an individual's internship or documented, supervised practice experience in
				nutrition services required under
				G.S.
				90-357.5 and throughout the period of
				application review to provide evidence and substantiate compliance with Article
				25 of Chapter 90 of the General Statutes and the rules of this
				Chapter.
Authority
				  G.S.
				  90-356(2);
				  90-368(2);
				  90-357;
Eff. March 1,
				  1996;
Amended Eff. July 18, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Amended Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0400 - UNLICENSED INDIVIDUALS › Section 17 .0401 - INDIVIDUALS AIDING THE PRACTICE OF DIETETICS/NUTRITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in this Section, the following
				terms and phrases, which have not already been defined in G.S. 90, Article 25,
				shall have the meanings specified:
(1)
				"Certified Dietary Manager" means an individual who is certified by the
				Certifying Board of the Dietary Managers.
(2) "Dietetic Technician Registered" or "DTR"
				means an individual who is registered by the Commission on Dietetic
				Registration of the American Dietetic Association.
(3) "Direct supervision" as referenced in
				G.S.
				90-368(4) means that a
				licensed dietitian/nutritionist shall:
(A) be
				available for consultation on delegated nutrition care activities being
				performed by the person being supervised, either through on-site or through
				electronic communication, and shall be available to render assistance when
				needed to the unlicensed personnel and patient or client, or shall have
				arranged for another licensee to be available in the absence of the licensed
				dietitian/nutritionist; provided that the licensed dietitian/nutritionist shall
				be on-site at the service delivery site and within audible and visual range of
				any unlicensed personnel person described in Subparagraph (b)(3) of this Rule
				for the provision of any nutrition care activities;
(B) directly and personally examine, evaluate
				and approve the acts or functions of the person supervised; and
(C) meet with the unlicensed personnel in a
				joint effort to establish, maintain and elevate a level of performance to
				ensure the health, safety and welfare of clients or patients during the
				provision of nutrition care activities, and provide sufficient guidance and
				direction as to enable the unlicensed personnel to competently perform the
				delegated activity or function.
(4) "Nutrition care activities" means
				activities performed by unlicensed personnel which are delegated by licensed
				dietitians/nutritionists in accordance with Paragraphs (c) and (d) of this Rule
				and which support the provision of nutrition care services as referenced in
				G.S.
				90-352(4). Nutrition care
				activities include the provision of nutrition care to address and mitigate a
				medical condition, illness or injury and the provision of weight control
				programs or services, as well as community nutrition, food service, and
				nutrition information or education.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0400 - UNLICENSED INDIVIDUALS › Section 17 .0402 - INDIVIDUALS PROVIDING NUTRITION INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				following terms and phrases shall have the meanings specified:
(1) "Nutrition information" means nutrition
				information related to food, food materials, or dietary supplements which is
				designed for one or more healthy population groups and is based on scientific
				evidence. Nutrition information is not individualized to provide nutrition care
				services for the purpose of managing or treating a medical condition for a
				specific person or group as referenced in
				G.S.
				90-352(3a).
(2) "Reported or historical use" means
				information about food, food materials, or dietary supplements which is based
				on:
(A) historical or methodological studies
				or research conducted by experts in the field using sound scientific methods
				with randomized controlled clinical trials; or
(B) reports on scientific studies published
				in peer-reviewed medical or dietetics and nutrition journals or
				publications.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0400 - UNLICENSED INDIVIDUALS › Section 17 .0403 - TELEPRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Any person, whether residing in this State or not, who by use
				  of electronic or other medium performs any of the acts described as the
				  practice of medical nutrition therapy with a client or patient located in this
				  State, but is not licensed pursuant to Article 25 of Chapter 90 of the General
				  Statutes shall be deemed by the Board as being engaged in the practice of
				  medical nutrition therapy and subject to the enforcement provisions available
				  to the Board. Among other remedies, the Board shall report violations of this
				  Rule to any occupational licensing board having issued an occupational license
				  to a person who violates this Rule. This Rule does not apply to persons
				  licensed pursuant to, or exempt from licensure pursuant to, Article 25 of G.S.
				  90.
Authority
				  G.S.
				  90-356;
Eff. February 1,
				  2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 4, 2016;
Amended Eff.
				  January 1, 2023.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0500 - INVESTIGATIVE PROCESS, COMPLAINTS, AND ADMINISTRATIVE HEARINGS › Section 17 .0501 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section:
(1) "Good cause" related to motions or
				requests to continue or for additional time for responding includes:
(a) death or incapacitating illness of a
				party, or attorney of a party;
(b)
				a court order requiring a continuance;
(c) lack of proper notice of the
				hearing;
(d) a substitution of the
				representative or attorney of a party if the substitution is shown to be
				required;
(e) a change in the
				parties or pleadings requiring postponement; and agreement for a continuance by
				all parties if either more time is necessary to complete mandatory preparation
				for the case, such as authorized discovery, and the parties and the Board have
				agreed to new hearing date or parties have agreed to a settlement of the case
				that has been or is likely to be approved by the final decision maker;
				and
(f) where, for any other
				reason, either party has shown that the interests of justice require a
				continuance or additional time.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0500 - INVESTIGATIVE PROCESS, COMPLAINTS, AND ADMINISTRATIVE HEARINGS › Section 17 .0502 - COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Anyone may
				complain to the Board alleging that a person, applicant, or licensee has
				committed an action prohibited by Article 25 of Chapter 90 of the General
				Statutes or the rules of the Board.
(b) Complaints may be submitted to the Board
				by completing the Board's complaint form online at
www.ncbdn.org/file-a-complaint
or
				a paper form may be requested by contacting the Board office. Paper forms may
				be delivered to the Board by mail or hand-delivery at 1135 Kildaire Farm Road,
				Suite 200, Cary, NC 27511.
(c) Each
				complaint submitted shall set forth specific facts and circumstances known to
				the complainant relating to the Dietetics/Nutrition Practice Act or the Board's
				rules, and the conduct or competence of each person who is the subject of the
				complaint.
(d) Anonymous complaints
				are not investigated unless, if upon preliminary review of the contents of the
				complaint by Board staff, it appears the allegation(s) indicate a violation of
				the Dietetics/Nutrition Practice Act or the Board's rules, sufficient
				identification information for the person who is the subject of the complaint
				is provided, and there is sufficient information to substantiate
				allegation(s).
(e) Investigations
				may be conducted by the Board staff or by other persons authorized by the
				Board.
(f) Upon receipt of a
				complaint, the Board shall confirm receipt of the complaint to the
				complainant.
(g) The Board staff,
				or its authorized Investigator, shall assign a complaint number to the initial
				complaint, review the contents of the complaint, and conduct a preliminary
				review of information to determine whether an individual's conduct or
				competence relates to the Dietetics/Nutrition Practice Act or the Board's
				rules.
(h) If preliminary
				information in the complaint does not relate to an individual's conduct or
				competence under the authority of the Dietetics/Nutrition Practice Act or the
				Board's rules, the Board staff, or its authorized Investigator, shall close the
				complaint and send notice to the complainant. If applicable, the Board staff
				may refer the complainant to the appropriate governmental agency for handling
				such complaints. No further action shall be taken by the Board.
(i) If the information about an individual's
				conduct or competence appears to be under the authority of the
				Dietetics/Nutrition Practice Act or the Board's rules, Board staff, or its
				authorized Investigator, shall open an investigative case and begin an
				investigation of the matters described in the complaint.
Authority
				  G.S.
				  90-356;
				  90-363;
Eff. January
				  1, 2023.