Chapter 4759-4 Licensing

4759-4-01 Applications.

(A) Each applicant for initial licensure or renewal shall file a completed application with the board which demonstrates compliance with sections 4759.05 and 4759.06 of the Revised Code and this chapter.

(B) Applications shall be completed in ink, signed by the applicant, accompanied by the appropriate fee and by such evidence, statements or documents as specified or required. An electronic signature may be used on applications submitted on-line.

(C) The executive secretary/executive director, in consultation with staff, shall formulate the content of application forms to be used by applicants to the board. The board shall approve the content of the forms prior to their use. Applicants shall only submit applications on the forms approved by the board.

Each form shall contain, prior to the signature of the applicant, a statement that any applicant who knowingly makes a false statement on the application is guilty of a misdemeanor of the first degree under section 2921.13 of the Revised Code.

(D) Each applicant who is not a registered dietitian (RD) must forward an academic transcript from all degree granting institutions of higher education directly to the board or submit an official "student issued" copy.

(E) For the purpose of proving accreditation of a course of study at a foreign institution, an applicant shall have the applicant's academic credentials independently validated as equivalent by an accreditation agency that is recognized by the "Council for Higher Education Accreditation," or its predecessors, or have the applicant's academic credentials independently validated by an agency specializing in education evaluations which is acceptable to the board. A copy of the validation shall be attached to the application as part of the application.

(F) A licensee shall notify the board of a change of address providing at least a new address, telephone number, and signed request for the change. A licensee shall notify the board of a change of name by providing legal evidence of the name change and a signed request for the change.

(G) All applications, statements and documents submitted shall become the property of the board.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05 , 4759.06 , 4759.07 , 4759.08
Prior Effective Dates: 11/30/87, 2/9/98, 3/15/03, 3/21/08

4759-4-02 Preprofessional experience.

(A) An applicant shall successfully complete a preprofessional dietetic experience that is approved by "The Academy of Nutrition and Dietetics" and is at least equivalent to the requirement for such programs adopted by "The Commission On Dietetic Registration."

(B) Doctoral degree alternative.

As an alternative to the requirements in paragraph (A) of this rule, the holder of a doctoral degree may meet the preprofessional dietetic experience by successfully completing a planned program of continuous experience in dietetic practice of not less than nine hundred hours under the supervision of a licensed dietitian in this state or a registered dietitian provided all the following conditions are satisfied:

(1) The applicant holds the doctoral degree from an accredited institution;

(2) The applicant has, as part of successfully completing either a baccalaureate or higher degree from an accredited institution, a major in any of the following subjects: human nutrition, food and nutrition, dietetics, food systems management, or public health nutrition;

(3) The applicant has submitted the program to the board for its approval and received approval prior to engaging in the planned program;

(4) The experience meets requirements that are at least equivalent to the requirements adopted by "The Commission On Dietetic Registration"; and

(5) Following completion of the program, the applicant shall submit a certificate of completion signed by the dietitian who supervised the program.

For purposes of this paragraph, an "accredited institution" is either: an institution accredited to grant the degree described in this paragraph by an accrediting agency that is recognized by the "Council for Higher Education Accreditation" or its predecessors ; or an institution in a foreign country when the applicant presents evidence that the doctoral degree has been validated as equivalent to a degree under this paragraph by an institution accredited for such degrees in accordance with this paragraph or; by an agency specializing in educational credential evaluations which is acceptable to the board.

Effective: 04/01/2013
R.C. 119.032 review dates: 12/18/2012 and 12/18/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05(A)(3) , 4759.06(A)(6)
Prior Effective Dates: 11/30/87, 2/9/98, 3/21/08

4759-4-03 Examination.

(A) As a prerequisite to the issuance of an initial license, the applicant shall provide evidence of passing the examination designated in paragraph (B) of this rule.

(B) The board selects and approves of the examination for dietitians offered by "The Commission On Dietetic Registration".

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05(A)(1)(2) , 4759.06(A)(7) , 4759.06(C)
Prior Effective Dates: 11/30/87, 2/9/98, 3/15/03, 3/21/08

4759-4-04 Continuing education.

(A) Each applicant for renewal of a license shall demonstrate compliance with the continuing education/professional development requirements of this rule.

(B) Each applicant for license renewal shall:

(1) Be a registered dietitian; or

(2) If not a registered dietitian, establish a five year continuing education cycle with the board, and adhere to that schedule for meeting requirements consistent with the options offered by "The commission on dietetic registration."

For each five year cycle an individual learning plan shall be submitted and approved by the board and a log of learning activities maintained by the licensee. A copy of the log shall be submitted directly to the Ohio board of dietetics postmarked by June thirtieth of the year that the cycle ends, and shall demonstrate successful completion of at least seventy-five continuing professional education units.

(C) Beginning in two thousand-five, on odd numbered calendar years, each applicant for renewal, reactivation, or reinstatement of a license shall report to the board completion of at least one continuing education unit of board approved education in jurisprudence.

Board approved programs in jurisprudence shall include approved programs and activities relating to current laws, rules, and regulations dealing with the practice of dietetics and recent changes that have occurred to those laws, rules, and regulations. A list of approved programs and activities will be posted on the board's web site.

Replaces: 4759-4-04

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05(A)(6) , 4759.06(A)(8) , 4759.06(E)
Prior Effective Dates: 11/30/87, 2/9/98, 3/15/03, 3/21/08

4759-4-05 Licensure by reciprocity.

If an applicant seeks licensure on the basis that the applicant has met equivalent requirements in another state or foreign country, the applicant shall attach to the application proof that the requirements of the other state or foreign country are equivalent to those of this state, unless the board has taken action recognizing that the requirements of the other state or foreign country to be waived are equivalent to similar requirements in this state.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.06(D)
Prior Effective Dates: 11/30/87

4759-4-06 Status categories.

(A) Inactive status.

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.

While a license is in inactive status, the licensee shall meet the cumulative continuing education/professional development requirements as required by rule 4759-4-04 of the Administrative Code, but is not required to pay the annual fee.

If a licensee fails to meet the continuing education/professional development requirements as prescribed in rule 4759-4-04 of the Administrative Code, the license may not be withdrawn from inactive status until any cumulative deficiency is corrected or waived by the board for good cause shown.

A license may be withdrawn from inactive status by completion of the application for reactivation, and providing evidence of compliance with cumulative continuing education/professional development requirements, and payment of the current reactivation fee.

An expired or lapsed license may not be placed in inactive status.

(B) Expired status.

A license not renewed by June thirtieth following its issuance is expired.

An expired license may not be placed in inactive status.

(C) Late status.

An application for renewal is late and the license is expired if it is postmarked after the thirtieth day of June but not later than the fifteenth day of August of the renewal year.

An individual seeking to renew an expired license during the late period shall complete the renewal application, and pay the current renewal and late fees.

An expired license may not be placed in inactive status during the late period.

(D) Lapsed status.

An expired license shall lapse after the fifteenth day of August of the renewal year.

An individual seeking to reinstate a lapsed, suspended, or revoked license shall complete the application for reinstatement, provide evidence of compliance with cumulative continuing education/professional development requirements as specified in rule 4759-4-04 of the Administrative Code, and pay the current reinstatement fee. The license may not be reinstated until any cumulative deficiency is corrected or waived by the board for good cause shown.

A lapsed license may not be renewed or placed in inactive status.

Effective: 04/01/2013
R.C. 119.032 review dates: 12/18/2012 and 12/18/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05(A)(5) , 4759.06 , 4759.08
Prior Effective Dates: 11/30/87, 2/9/98, 3/15/03, 3/21/08

4759-4-07 Failure to maintain licensure.

An individual seeking to reinstate a license which has lapsed for more than two years shall meet the current licensure requirements including passing the examination, completion of the application for reinstatement, and payment of the reinstatement fee.

This rule does not apply to the holder of a license in inactive status, or a registered dietitian.

The board may waive the examination for good cause shown.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.06(C)
Prior Effective Dates: 11/30/87; 2/9/98

4759-4-08 Limited permit.

(A) The board may grant a limited permit to a person who has completed the education and preprofessional requirements for licensure upon the following conditions:

(1) The person has filed a completed application for a limited permit and paid the appropriate fee;

(2) The application contains any required statements or transcripts verifying completion of the academic and preprofessional requirements in order to qualify to take the examination for licensure; and

(3) The applicant indicates intent to take the examination for licensure within seven months of the issuance of the limited permit.

(B) The permit shall expire if the permit holder fails to take the examination in a timely manner or fails the examination twice.

(C) Limited permits shall expire the following October thirty-first for those issued between April first and September thirtieth and the following April thirtieth for those issued between October first and March thirty-first.

(D) A limited permit may be renewed.

(E) A limited permit holder who fails the examination must report the results to the board office immediately.

(1) The first time the limited permit holder fails, the limited permit holder shall practice only under the direct supervision of an Ohio licensed dietitian as approved by the board.

(2) The second time the limited permit holder fails, the limited permit expires immediately.

(F) A limited permit shall not be issued to a person who has failed the examination two or more times.

(G) The licensed dietitian who provides direct supervision of a person who has failed the examination and holds a limited permit shall provide sufficient guidance and direction to enable the person to perform competently. Direct supervision means that the licensee providing the supervision needs to be readily available by telecommunication, or in person and the licensee must review the work of the supervisee at least every fourteen days. When reviewing the work of a supervisee, the licensee shall comply with standards for professional responsibility and practice set forth in Chapter 4759-6 of the Administrative Code.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05(A)(4) , 4759.06(F) , 4759.08(A)(3)
Prior Effective Dates: 11/30/87, 2/9/98, 3/15/03, 3/21/08

4759-4-09 License certificates and permits.

(A) The board shall prepare and provide to each new licensee a license certificate and to each permittee a permit identification card. The identification card shall contain the person's name, license number and date of expiration.

(B) Official certificates shall be signed by the chairman and be affixed with the raised seal of the board. Permit identification cards shall bear the signature of the chairman and/or the executive secretary/executive director.

(C) Any certificate and permit identification card issued by the board shall remain the property of the board and shall be surrendered to the board on demand.

(D) Neither the holder nor anyone else shall make any alteration on a certificate or identification card issued by the board.

(E) The board shall notify all licensees that licenses can be verified on the board's website. Official verification letters will be issued by the board upon request only.

Effective: 04/01/2013
R.C. 119.032 review dates: 12/18/2012 and 12/18/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.06
Prior Effective Dates: 11/30/87, 2/9/98, 3/21/08

4759-4-10 Prorated initial license fee.

For the purposes of section 4759.08 of the Revised Code the board waives fifty per cent of the initial licensure fee if the license is only valid for the period between April first and June thirtieth.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.08(A)(1) , 4759.08(D)
Prior Effective Dates: 11/30/87, 2/9/98, 3/15/03

4759-4-11 Criminal records check.

(A) In addition to the requirements established in section 4759.06 of the Revised Code and agency 4759 of the Administrative Code, all applicants for an initial license or limited permit license to practice dietetics in the state of Ohio shall submit to a criminal records check conducted by the Ohio bureau of criminal identification and investigation in accordance with section 4759.06 1 of the Revised Code.

(B) The results of the criminal records check shall be received by the board prior to the issuance of an initial license to practice and the records check shall have been conducted no earlier that twelve months prior to the filing of the application with the board.

(C) An applicant requesting a criminal records check shall provide the Ohio bureau of criminal identification and investigation with the applicant's name, address, and any other information required by the bureau of criminal identification for the purpose of completing the criminal records check. In the request the applicant shall ask the superintendent of the bureau of criminal identification and investigation to obtain any information it has pertaining to the applicant from the federal bureau of investigation.

(D) The applicant shall cause the results of the criminal records check to be forwarded directly to the "Ohio Board of Dietetics at 77 South High St., Columbus, Ohio, 43215-6119." The board shall only accept results of a criminal records check submitted directly to the board from the Ohio bureau of criminal identification and investigation.

(E) The applicant shall bear all costs associated with the required criminal records check as determined by the Ohio bureau of criminal identification and investigation, the federal bureau of investigation, and by any agency with authority to charge a fee for fingerprint impressions.

(F) Prior to issuance of a license, the board will in its discretion evaluate the results of the criminal records check and information from any other source to determine if the applicant is eligible for a license.

(G) The results of the criminal records check are a confidential record and are not a public record for the purposes of section 149.43 of the Revised Code. Pursuant to section 4776.04 of the Revised Code the results are available for inspection by the applicant or applicant's legal representative during regular business hours. A legal representative requesting inspection of an applicant's criminal records shall have an appropriately filed letter of representation on file in the board office prior to inspecting the applicant's records.

(H) Background check reports will be retained in the board office for one year from the date of it's receipt or final action is taken upon the applicant's license, or until such time as the report is no longer of administrative value.

R.C. 119.032 review dates: 12/20/2012 and 12/20/2017
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.06 , 4759.061
Prior Effective Dates: 07/06/2009