H. B. 4477

(By Delegates Douglas, Marshall, Angotti, Azinger, L. Smith and Tucker)

(Originating in th Committee on Government Organization)

[February 9, 2000]

A BILL to amend and reenact section three, article thirty-five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section two-a, relating to the board of examiners for licensed dietitians; defining a scope of practice; and removing limitation on reimbursement of expenses.

Be it enacted by the Legislature of the West Virginia:
That section three, article thirty-five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section two-a, all to read as follows:
§30-35-3. Board of licensed dietitians.

(a) There is hereby created the West Virginia board of licensed dietitians. The board consists of five members who shall be appointed by the governor, by and with the advice and consent of the Senate. The governor shall make appointments from a list of not less than eight names submitted to the governor by the West Virginia dietetic association. Each member of the board shall be a citizen of the United States and a resident of this state. Four members shall have experience as a registered or licensed dietitian for a minimum of three years preceding the date of appointment. One member of the board shall be a lay person who is not a registered or licensed dietitian and not subject to the practice requirements of this subsection.
(b) The governor shall appoint initially one member for a term of one year, one for a term of two years, one for a term of three years and two for a term of four years. Thereafter, the members of the board shall be appointed for overlapping terms of four years. No member of the board may serve more than four years. (c) In the event a board member is unable to complete a term, the governor shall appoint a person with similar qualifications to complete the unexpired term. Each vacancy occurring on the board shall be filled by appointment within sixty days after such vacancy is created.
(d) Each member of the board shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of the board member's duties, not to exceed fifty dollars per day may receive compensation for attendance at official meetings not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law, and may be reimbursed for actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the travel management office of the department of administration.
(e) At its initial meeting, and annually thereafter, the members shall elect a chair, vice chair and secretary. The chair shall preside over the meetings and hearings of the board. The vice chair shall assume the chair's duties in the absence of the chair. All meetings shall be general meetings for the consideration of any matter which may properly come before the board. A majority of the board constitutes a quorum for the transaction of business. The board shall meet at least once a year and at such other times and places as it may determine; and shall meet on the call of the chair. It shall be the duty of the chair to call a meeting of the board on the written request of three members thereof. The board shall keep an accurate record of all proceedings and maintain such board records. The board may employ personnel necessary to accomplish the performance of its duties: Provided, That the board may not expend more than it has available to it solely through the fees established in this article.
§30-35-2a. Scope of practice.
(a) The scope of practice of licensed dietitians may include the provision of medical nutrition therapy. As used in this article, medical nutrition therapy means nutritional diagnostic assessment and nutrition therapy services for the purpose of disease management. Licensed dietitians may also perform other nutrition related services to promote the general health, well- being and the primary prevention of chronic diseases or conditions based on sound scientific findings.
(b) Nothing in this article may be construed to prohibit or otherwise limit the practice of a profession by persons who are licensed, certified or registered under the laws of this state and who are performing services within their authorized scope of practice.

Section two-a (2a) is new; therefore, strikethroughs and underscoring have been omitted.