Chapter 4759-4 Licensing

4759-4-01 Applications.

(A) Each applicant for initial licensure or renewal of a license or limited permit shall submit to the board an application which demonstrates compliance with sections 4759.05 and 4759.06 of the Revised Code and this chapter. This application shall be submitted under oath in the manner determined by the board, and provide such other facts and materials as the board requires. No application shall be considered submitted to the board until the appropriate fee has been received by the board. Application fees are not refundable.

(B) No application for a license or permit submitted to the board shall be considered complete until the applicant has complied with the requirements of rule 4731-4-02 of the Administrative Code and the board has received the results of the criminal records checks.

(C) If an applicant fails to complete the application process within six months of initial application filing, the board may notify the applicant in writing of its intention to consider the application abandoned. If no response to that notice is received by the board within thirty days, the board shall consider the application as abandoned and no further processing shall be undertaken with respect to that application.

(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. No application being investigated under section 4759.07 of the Revised Code, may be withdrawn without approval of the board.

Replaces: 4759-4-01


Effective: 11/30/2019
Five Year Review (FYR) Dates: 11/30/2024
Promulgated Under: 119.03
Statutory Authority: 4759.05
Rule Amplifies: 4759.05 , 4759.06, 4759.07, 4759.08
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/15/2003, 03/21/2008

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.


Five Year Review (FYR) Dates: 8/28/2019 and 08/28/2024
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05(A)(3), 4759.06(A) 6)
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/21/2008, 04/01/2013

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."


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019 and 11/30/2024
Promulgated Under: 119.03
Statutory Authority: 4759.05
Rule Amplifies: 4759.05 , 4759.06
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/15/2003, 03/21/2008

4759-4-04 Continuing education.

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

(B) Each applicant for license renewal or restoration 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 state medical board of Ohio 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) Each applicant for renewal or restoration 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 at the following link: https://med.ohio.gov/.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019 and 11/30/2024
Promulgated Under: 119.03
Statutory Authority: 4759.05
Rule Amplifies: 4759.05 , 4759.06
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/15/2003, 03/21/2008

4759-4-05 [Rescinded] Licensure by reciprocity.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.06(D)
Prior Effective Dates: 11/30/1987

4759-4-06 [Rescinded] Status categories.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.05(A) , 4759.06, 4759.08
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/15/2003, 03/21/2008, 04/01/2013

4759-4-07 [Rescinded] Failure to maintain licensure.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.06(C)
Prior Effective Dates: 11/30/1987, 02/09/1998

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.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019 and 11/30/2024
Promulgated Under: 119.03
Statutory Authority: 4759.05
Rule Amplifies: 4759.05 , 4759.06, 4759.08
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/15/2003, 03/21/2008

4759-4-09 License certificates and permits.

(A) The board shall prepare and provide to each new licensee and limited permit holder a certificate signed by the board's president and secretary, and attested by its seal.

(B) Neither the holder nor anyone else shall make any alteration on a certificate issued by the board.

(C) Official verification letters will be issued by the board upon request only and with payment of the license verification fee specified in section 4759.08 of the Revised Code. Electronic verification of license or limited permit status shall be considered a primary source verification and shall be made available by the board.

Replaces: 4759-4-09


Effective: 11/30/2019
Five Year Review (FYR) Dates: 11/30/2024
Promulgated Under: 119.03
Statutory Authority: 4759.05
Rule Amplifies: 4759.06
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/21/2008, 04/01/2013

4759-4-10 [Rescinded] Prorated initial license fee.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.08(A)(1), 4759.08(D)
Prior Effective Dates: 11/30/1987, 02/09/1998, 03/15/2003

4759-4-11 [Rescinded] Criminal records check.


Effective: 9/30/2019
Five Year Review (FYR) Dates: 7/5/2019
Promulgated Under: 119.03
Statutory Authority: 4759.05(A)
Rule Amplifies: 4759.06, 4759.061
Prior Effective Dates: 07/06/2009

4759-4-12 Consideration of military experience, education, training and term of service.

(A) Eligibility for licensure.

In accordance with Chapter 5903. of the Revised Code, the board has determined that there are no military programs of training, military specialties and lengths of service that are substantially equivalent to or which exceed the educational and supervised training requirements for licensure as a dietitian.

(B) Definitions related to military service and veteran status.

(1) "Military," in accordance with division (A) of section 5903.03 of the Revised Code, means the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.

(2) "Member" means any person who is serving in the military,

(3) "Veteran" means any person who has completed service in the military, and who has been discharged under honorable conditions or who has been transferred to the reserve with evidence of satisfactory service.

(C) License renewal and continuing education.

(1) For military members in active duty, the board shall waive the requirements of paragraph (C) of rule 4759-4-04 of the Administrative Code for jurisprudence continuing education.

(2) In accordance with section 5903.10 of the Revised Code, a licensee whose license expired due to the licensee's service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state, shall be eligible for renewal or restoration of the expired license at the same cost as if the license had not expired provided the licensee presents the board with satisfactory evidence that, not more than twelve months prior to the date the evidence is submitted to the board, the licensee was honorably discharged or separated under honorable conditions

.

(D) Prioritizing veterans and military members licensure applications.

(1) Applications completed in accordance with section 4759.06 of the Revised Code will receive priority processing in accordance with rule 4731-6-35 of the Administrative Code.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019 and 11/30/2024
Promulgated Under: 119.03
Statutory Authority: 5903.03, 5903.04
Rule Amplifies: 5903.03, 5903.04 , 5903.10
Prior Effective Dates: 06/30/2014

4759-4-13 Temporary license for military spouse.

(A) An individual whose spouse is ordered to active military duty in this state is eligible for a temporary military spousal license to practice as a licensed dietitian in accordance with section 4759.06 of the Revised Code.

(B) An application for a temporary military spousal license shall include the following:

(1) Proof that the applicant is married to an active duty service member of the armed forces of the United States;

(2) Proof that the applicant holds a valid, unrestricted license to practice dietetics in another jurisdiction of the United States;

(3) Proof that the applicant's spouse is assigned to a duty station in Ohio and the applicant is also assigned to a duty station in Ohio pursuant to the spouse's active duty military orders; and

(4) The initial application fee pursuant to section 4759.08 of the Revised Code.

(C) A temporary military spouse license shall expire six months after the date of issuance and is not renewable.


Effective: 11/30/2019
Five Year Review (FYR) Dates: 8/30/2019 and 11/30/2024
Promulgated Under: 119.03
Statutory Authority: 4759.05, 5903.04
Rule Amplifies: 4759.06, 4759.08, 5903.04
Prior Effective Dates: 06/30/2014