ADMINISTRATIVE CODE

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1245 DIETITIAN NUTRITIONIST PRACTICE ACT

SUBPART A: DEFINITIONS

Section 1245.10 Definitions

SUBPART B: DIETITIAN NUTRITIONIST

Section 1245.100 Application for Licensure as a Dietitian Under Section 60(a) of the Act (Grandfather) (Repealed)

Section 1245.110 Application for Examination/Licensure

Section 1245.120 Examinations

Section 1245.130 Approved Schools or Programs in Dietetics and Nutrition

Section 1245.140 Practice Experience

Section 1245.150 Endorsement

Section 1245.160 Restoration

SUBPART C: NUTRITION COUNSELOR

Section 1245.200 Application for Licensure as a Nutrition Counselor Under Section 60(b) of the Act (Grandfather) (Repealed)

Section 1245.210 Application for Examination/Licensure (Repealed)

Section 1245.220 Examination (Repealed)

Section 1245.230 Approved Programs of Nutrition Counselors (Repealed)

Section 1245.240 Experience (Repealed)

Section 1245.250 Endorsement (Repealed)

Section 1245.260 Restoration (Repealed)

SUBPART D: GENERAL

Section 1245.300 Renewal

Section 1245.305 Fees

Section 1245.310 Continuing Education

Section 1245.320 Inactive Status

Section 1245.325 Supervision Under Section 20(m) of the Act

Section 1245.330 Unprofessional Conduct

Section 1245.340 Granting Variances

SUBPART A: DEFINITIONS

Section 1245.10 Definitions

"Act" means the Dietitian Nutritionist Practice Act [225 ILCS 30].

"Board" means the Dietitian Nutritionist Practice Board appointed by the Secretary.

"Certified clinical nutritionist" means an individual certified by the Clinical Nutrition Certification Board.

"Certified nutrition specialist" means an individual certified by the Board for Certification of Nutrition Specialists.

"Department" means the Department of Financial and Professional Regulation.

"Diplomate of the American Clinical Board of Nutrition" means an individual certified by the American Clinical Board of Nutrition.

"Director" means the Director of the Division of Professional Regulation, with the authority delegated by the Secretary.

"Direct supervision" means supervision by a licensed dietitian nutritionist or other appropriate supervisor as defined in Section 1245.140. The supervisor shall:

Meet at regularly scheduled sessions with the supervisee a minimum of one hour per average week;

Be responsible for the standard of work performed by the supervisee; and

Have knowledge of patients/clients and the case information.

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

"Licensed dietitian nutritionist" means a person licensed to practice dietetics and nutrition services, as set forth in the Act. Activities of a licensed dietitian nutritionist do not include the medical differential diagnosis of the health status of an individual.

"Nutrition assessment" means the evaluation of the nutrition needs of individuals or groups using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations. The mere collection of nutrition and health data is not nutrition assessment and does not require licensure under the Act, unless activities include an evaluation of nutrition needs and nutrition recommendations.

"Nutrition care" means a dietary intervention whose primary function is to improve an individual's nutrition status and involves modification to meet individual needs. Provision of food for general sustenance of being is not construed as nutrition care and not subject to regulation under the Act and this Part.

"Nutrition counseling" means advising and assisting individuals or groups on appropriate nutrition information by integrating information from the nutrition assessment. The distribution by an individual of written nutrition educational material prepared by or approved in writing by a licensee is not nutrition counseling or nutrition education and any person distributing such written material need not be licensed under this Act.

"Nutrition education" means a planned nutrition program based on learning objectives with expected outcomes.

"Nutrition information" is oral or written factual data that includes:

Food sources of vitamins, minerals and nutrients;

Nutrient analysis of food, food items, recipes and menus;

Reporting the results of published scientific studies as long as the source is cited and recommendations are general in nature and are limited to those included in the published study;

Instruction and uses of food, dietary supplements and food material consistent with State and federal laws (i.e., Federal Food and Drug Administration, Department of Public Health); and

The display or distribution of printed, audio or video nutrition education information developed by a licensee, an entity of any federal, state or local government, or any nonprofit organization as outlined in Section 20(g) of the Act.

All health claims shall be consistent with the Federal Food and Drug Administration regulations.

Individuals are not required to be licensed to provide nutrition information; however, the evaluation of an individual's or group's dietary intake and/or recommendation for dietary changes is considered nutrition services and a license would be required to perform these activities.

"Registered dietitian" and/or "registered dietitian nutritionist" means a person registered with the Commission on Dietetic Registration, the credentialing body of the Academy of Nutrition and Dietetics, formerly known as the American Dietetic Association.

"Restorative care to attainment of optimal health" relates to the use of foods, nutrients and/or dietary supplements for individuals or groups who may or may not have a diagnosed disease or medical condition, as long as it is not medical nutrition therapy.

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

SUBPART B: DIETITIAN NUTRITIONIST

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1245 DIETITIAN NUTRITIONIST PRACTICE ACT
SECTION 1245.100 APPLICATION FOR LICENSURE AS A DIETITIAN UNDER SECTION 60(A) OF THE ACT (GRANDFATHER) (REPEALED)

Section 1245.100 Application for Licensure as a Dietitian Under Section 60(a) of the Act (Grandfather) (Repealed)

(Source: Repealed at 24 Ill. Reg. 518, effective December 31, 1999)

Section 1245.110 Application for Examination/Licensure

a) An applicant for examination to obtain licensure as a dietitian nutritionist shall file an application, on forms provided by the Department, at least 90 days prior to the examination date. The application shall include:

1) Certification of education and an official transcript indicating the applicant holds one of the following:

A) A baccalaureate degree or post-baccalaureate degree in human nutrition, foods and nutrition, dietetics, food systems management, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, or nutrition and integrative health from a school or program accredited by a regional accrediting agency recognized by the Council on Higher Education Accreditation and the U.S. Department of Education; or

B) A baccalaureate degree or post-baccalaureate degree in an equivalent major course of study recommended by the Board and approved by the Department in accordance with Section 1245.130;

2) Verification of 900 hours of practice experience, on forms provided by the Department; and

3) The required fee set forth in Section 1245.305.

b) In lieu of the documents in subsections (a)(1) and (2), an applicant for licensure as a dietitian nutritionist who, at the time of application, is a certified clinical nutritionist, certified nutrition specialist, diplomate of the American Clinical Board of Nutrition, registered dietitian or registered dietitian nutritionist shall submit a copy of his or her current registration or certification. The applicant will not be required to take an examination set forth in Section 1245.120.

c) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure may be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

d) An applicant who has filed a completed application with the Department may work under direct supervision, as defined in Section 1245.10, until the earliest of the following:

1) 6 months after the filing of his or her written application with the Department;

2) Upon the withdrawal of the application for licensure under the Act;

3) The denial of the application by the Department; or

4) Upon delivery of a notice of intent to deny the application from the Department.

e) Upon receipt of his or her examination score, an applicant shall direct the testing entity to submit his or her examination score to the Department.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.120 Examinations

a) The examinations for licensed dietitian nutritionists shall include the examinations given through:

1) the Commission on Dietetic Registration;

2) the American Clinical Board of Nutrition;

3) the Board for Certification of Nutrition Specialists; and

4) the Clinical Nutrition Certification Board.

b) The passing score on an examination shall be the passing score of the testing entity.

c) Applicants who fail an examination 3 times in Illinois or any other jurisdiction shall be required to submit proof to the Department of the completion of 6 semester hours of dietetic or nutrition course work as set forth in Section 1245.130(a)(5) prior to sitting for an examination a fourth time.

d) If an applicant is not a certified clinical nutritionist, certified nutrition specialist, diplomate of the American Clinical Board of Nutrition, registered dietitian or registered dietitian nutritionist, but has taken and passed an examination set forth in subsection (a) within the 12 months prior to applying for licensure, the applicant shall not be required to retake the examination. The examination scores shall be submitted to the Department directly by the testing entity.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1245 DIETITIAN NUTRITIONIST PRACTICE ACT
SECTION 1245.130 APPROVED SCHOOLS OR PROGRAMS IN DIETETICS AND NUTRITION

Section 1245.130 Approved Schools or Programs in Dietetics and Nutrition

a) The education requirements are as follows:

1) The school or program is accredited by a regional accrediting agency recognized by the Council on Higher Education Accreditation, or is a foreign school or program that has been validated by an accrediting agency approved by the U.S. Department of Education as offering a degree equivalent to the baccalaureate or post baccalaureate degree conferred by a regionally accredited college or university in the United States;

2) The school or program has a sufficient number of full-time instructors to assure that educational obligations to the student are fulfilled. The faculty must have demonstrated competence as evidenced by appropriate degrees in their areas of teaching from professional colleges or institutions;

3) The school or program has a designated program director;

4) The school or program maintains permanent student records that summarize the credentials for admission, attendance, grades and other records of performance; and

5) The applicant holds one of the following:

A) A baccalaureate or post-baccalaureate degree in human nutrition, foods and nutrition, dietetics, food systems management, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, or nutrition and integrative health; or

B) A baccalaureate or post-baccalaureate degree with a major course of study that includes the following:

i) 18 semester hours of clinical or life science, comprised of the following:

• 3 semester hours of anatomy and/or physiology;

• 3 semester hours of counseling and/or behavioral sciences;

• 12 hours of other clinical and/or life science, including but not limited to the following: medicine, organic chemistry, biology, microbiology, molecular biology, biotechnology, botany, nutrition science, neuroscience, environmental science, immunotherapy, pathology, research methods and applied statistics, biostatistics, epidemiology, genetics, genomics and/or pharmacology; and

ii) 18 semester hours of nutrition and/or metabolism, comprised of the following:

• 6 semester hours of biochemistry;

• 12 other hours of nutrition and/or metabolism, including but not limited to the following: micronutrients, macronutrients, vitamins and minerals, nutrition education, nutrition counseling, nutrition through the life cycle, endocrinology, therapeutic nutrition, nutritional aspects of disease, pathophysiologic basis of metabolic disease, functional medicine nutrition, molecular metabolism and/or developmental nutrition.

b) The Department has determined that dietetic and nutrition schools and programs authorized by the following are approved:

1) Accreditation Council for Education in Nutrition and Dietetics;

2) Academy of Nutrition and Dietetics;

3) American Clinical Board of Nutrition;

4) Board for Certification of Nutrition Specialists; and

5) Clinical Nutrition Certification Board.

c) Individuals who are deficient in any of the courses set forth in subsection (a)(5) above may complete those courses in an approved school or program.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.140 Practice Experience

a) Pursuant to Section 45 of the Act, applicants for licensure are required to demonstrate successful completion, within a 5 year time frame, of a minimum of 900 hours of practice experience in dietetics or nutrition, as defined in Section 10 of the Act.

b) The practice experience shall have been received from a supervisor who, at the time direct supervision took place, had at least 3 years of experience in dietetics or nutrition and was one of the following:

1) An individual who holds an active license under the Act or an actively licensed resident of another jurisdiction if the jurisdiction in which the supervisor practices requires licensure;

2) A licensed practitioner (such as, but not limited to, a licensed physician or registered nurse) whose license includes nutrition care;

3) An individual with a doctoral degree conferred by a U.S. regionally accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics or food systems management, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, or nutrition and integrative health;

4) A registered dietitian or registered dietitian nutritionist of the Commission on Dietetic Registration;

5) A certified clinical nutritionist of the Clinical Nutrition Certification Board;

6) A certified nutrition specialist of the Board of Certification of Nutrition Specialists;

7) A diplomate of the Academy of Nutrition and Dietetics; or

8) A supervisor approved by the Department.

c) Practice experience must be completed in the United States or its territories.

d) The supervisor shall observe, supervise and assess the applicant through contact or meetings with the supervisee. Supervision may be individual or group.

e) The practice experience must be under direct supervision as defined in Section 1245.10 and documented by the supervisor as satisfactory or better.

f) The practice experience may be obtained concurrently with or following the completion of the education requirements.

g) Internships approved by the following meet the experience requirements set forth in this Section:

1) Accreditation Council for Education in Nutrition and Dietetics;

2) American Clinical Board of Nutrition;

3) Board for Certification of Nutrition Specialists; and

4) Clinical Nutrition Certification Board.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.150 Endorsement

a) An applicant who is licensed, certified or registered under the laws of another state or territory of the United States or of a foreign country and who wishes to be licensed in Illinois as a dietitian nutritionist shall file an application with the Department, on forms provided by the Department, that includes:

1) Certification of education and an official transcript from a baccalaureate or post baccalaureate degree program in human nutrition, foods and nutrition, dietetics, food systems management, nutrition education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling, nutrition and functional medicine, or nutrition and integrative health from a school or program accredited by a regional accrediting agency recognized by the Council on Higher Education Accreditation, or an equivalent major course of study recommended by the Board and approved by the Department in accordance with Section 1245.130;

2) Certification of at least 900 hours of practice experience as set forth in Section 1245.140;

3) Certification from the state or territory of the United States or the foreign country in which the applicant was originally licensed, certified or registered and any location in which the applicant predominantly practices and is currently licensed, certified or registered, stating:

A) The time during which the applicant was originally licensed, certified or registered;

B) Whether the file of the applicant contains any record of disciplinary actions taken or pending; and

C) Examinations taken and examination scores received;

4) Proof of successful completion of an examination in accordance with Section 1245.120; and

5) The required fee as set forth in Section 1245.305.

b) In lieu of the documents in subsections (a)(1), (2) and (4), an applicant for licensure as a dietitian nutritionist may submit a copy of any of the following current disignations:

1) registered dietitian or registered dietitian nutritionist of the Commission on Dietetic Registration;

2) certified clinical nutritionist of the Clinical Nutrition Certification Board;

3) certified nutrition specialist of the Board for Certification of Nutrition Specialists; or

4) diplomate of the Academy of Nutrition and Dietetics.

c) An applicant for licensure as a dietitian nutritionist who is licensed, certified or registered under the laws of another state or territory of the United States or of a foreign country or is a registered dietitian or registered dietitian nutritionist, certified clinical nutritionist, certified nutrition specialist or diplomate of the American Clinical Board of Nutrition may practice dietetics in this State:

1) Until 6 months after the filing of his or her written application to the Department;

2) Upon the withdrawal of the application for licensure under the Act;

3) Until the denial of the application by the Department; or

4) Upon delivery of a notice of intent to deny the application from the Department.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.160 Restoration

a) Any dietitian nutritionist whose license has expired or has been placed on inactive status for 5 years or less may have the license restored by paying the fees required by Section 1245.305 and providing proof of meeting the CE requirements of Section 1245.310 during the 2 years prior to restoration.

b) Any person seeking restoration of a license that has been expired or placed on inactive status for more than 5 years shall file an application, on forms supplied by the Department, together with the fee required by Section 1245.305 and proof of meeting the CE requirements of Section 1245.310 during the 2 years prior to restoration. The applicant shall also submit:

1) Sworn evidence of active practice in another jurisdiction. That evidence shall include a statement from an appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of active practice;

2) An affidavit attesting to military service as provided in Section 70 of the Act;

3) Proof of passage of the Commision on Dietetic Registration examination for dietitian nutritionists during the period the license was lapsed or on inactive status; or

4) Evidence of current status as a registered dietitian or registered dietitian nutritionist, certified clinical nutritionist, certified nutrition specialist, or diplomate of the American Clinical Board of Nutrition.

c) Any person seeking restoration of a license within 2 years after honorable termination from military service pursuant to Section 70 of the Act will be required to pay only the current renewal fee and will not be required to submit proof of meeting the CE requirements.

d) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the licensee seeking restoration may be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

SUBPART C: NUTRITION COUNSELOR

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1245 DIETITIAN NUTRITIONIST PRACTICE ACT
SECTION 1245.200 APPLICATION FOR LICENSURE AS A NUTRITION COUNSELOR UNDER SECTION 60(B) OF THE ACT (GRANDFATHER) (REPEALED)

Section 1245.200 Application for Licensure as a Nutrition Counselor Under Section 60(b) of the Act (Grandfather) (Repealed)

(Source: Repealed at 24 Ill. Reg. 518, effective December 31, 1999)

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1245 DIETITIAN NUTRITIONIST PRACTICE ACT
SECTION 1245.210 APPLICATION FOR EXAMINATION/LICENSURE (REPEALED)

Section 1245.210 Application for Examination/Licensure (Repealed)

(Source: Repealed at 28 Ill. Reg. 4867, effective March 5, 2004)

Section 1245.220 Examination (Repealed)

(Source: Repealed at 28 Ill. Reg. 4867, effective March 5, 2004)

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1245 DIETITIAN NUTRITIONIST PRACTICE ACT
SECTION 1245.230 APPROVED PROGRAMS OF NUTRITION COUNSELORS (REPEALED)

Section 1245.230 Approved Programs of Nutrition Counselors (Repealed)

(Source: Repealed at 28 Ill. Reg. 4867, effective March 5, 2004)

Section 1245.240 Experience (Repealed)

(Source: Repealed at 28 Ill. Reg. 4867, effective March 5, 2004)

Section 1245.250 Endorsement (Repealed)

(Source: Repealed at 28 Ill. Reg. 4867, effective March 5, 2004)

Section 1245.260 Restoration (Repealed)

(Source: Repealed at 28 Ill. Reg. 4867, effective March 5, 2004)

SUBPART D: GENERAL

Section 1245.300 Renewal

a) Every license issued under the Act shall expire on October 31 of each odd-numbered year. In order to renew a license, a licensee shall be required to complete 30 hours of CE in accordance with Section 1245.310. The holder of a license may renew such license during the month preceding the expiration date by paying the required fee.

b) It is the responsibility of each licensee to notify the Department of any change of address. Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee or to renew one's license.

c) Practicing or attempting to practice without a valid license or while a license is not active shall be considered unlicensed practice and shall be grounds for discipline in accordance with Section 15.5 of the Act.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.305 Fees

The following fees shall be paid to the Department and are not refundable:

a) Application Fees

1) The fee for application for a license as a dietitian nutritionist is $100. In addition, applicants for an examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing an examination. Failure to appear for an examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

2) The fee for application as a CE sponsor is $500. State colleges and universities and State agencies are exempt from payment of this fee.

b) Renewal Fees

1) The fee for the renewal of a license shall be calculated at the rate of $50 per year.

2) The fee for renewal of CE sponsor approval is $250 for the renewal period.

c) General Fees

1) The fee for the restoration of a license other than from inactive status is $20 plus payment of all lapsed renewal fees, but not to exceed $300.

2) The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license that has been lost or destroyed, or for the issuance of a license with a change of name or address, other than during the renewal period, is $20. No fee is required for name and address changes on Department records when no duplicate license is issued.

3) The fee for certification of a licensee's record for any purpose is $20.

4) The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

5) The fee for a roster of persons licensed as dietitian nutritionists in this State shall be the actual cost of producing the roster.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.310 Continuing Education

a) Continuing Education Hours Requirements

1) In order to renew a license, a licensee shall be required to complete 30 hours of CE during the renewal period.

2) A renewal period is the 24 months preceding October 31 of each odd-numbered year.

3) One CE hour shall equal one clock hour. After completion of the initial CE hour, credit may be give in one-half hour increments.

4) Courses that are part of the curriculum of a regionally accredited university or college shall be allotted CE credit at the rate of 15 CE hours for each semester hour, 14 CE hours for each trimester hour and 10 CE hours for each quarter hour of school credit awarded.

5) A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

6) Dietitian nutritionists licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

7) CE credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

b) Approved Continuing Education

1) CE hours shall be earned by verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program or course that is offered or sponsored by an approved CE sponsor who meets the requirements set forth in subsection (c), except for those activities provided in subsections (b)(2), (3) and (4).

2) CE credit may be earned through postgraduate training programs (e.g., extern, residency or fellowship programs) or completion of dietetic and nutrition services related courses that are a part of the curriculum of a college or university.

3) CE credit may be earned for verified teaching in a regionally accredited college, university or graduate school of dietetics and nutrition services approved in accordance with Section 1245.130 as an instructor of CE programs given by approved sponsors. Credit will be applied at the rate of 1.5 hours for every clock hour taught and only for the first presentation of the program (i.e., credit shall not be allowed for repetitious presentations). A person may earn a maximum of 10 hours per renewal period.

4) CE credit may be earned for authoring papers, publications or books and for preparing presentations and exhibits. The preparation of each published paper, book chapter or audio-visual presentation dealing with dietetics and nutrition services may be claimed as 5 hours of credit per renewal period. A presentation must be before an audience of dietitian nutritionists. Five credit hours may be claimed for only the first time the information is published or presented.

c) Approved CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean one of the following:

A) Academy of Nutrition and Dietetics, branch associations, or organizations approved as sponsors of CE by the Commission on Dietetic Registration;

B) Board for Certification of Nutrition Specialists, branch associations, or organizations approved as sponsors of CE by the Board for Certification of Nutrition Specialists;

C) American Clinical Board of Nutrition, branch associations, or organizations approved as sponsors of CE by the American Clinical Board of Nutrition;

D) Clinical Nutrition Certification Board, branch associations, or organizations approved as sponsors of CE by the Clinical Nutrition Certification Board;

E) Colleges and universities accredited by a regional accrediting agency recognized by the Council on Higher Education Accreditation;

F) Employers licensed under the Hospital Licensing Act [210 ILCS 85];

G) Illinois State agencies;

H) Providers approved by another state's board of dietitian nutritionist practice; or

I) A person, firm, association, corporation or any other group that applies pursuant to subsection (c)(2) and has been approved and authorized by the Department to coordinate and present CE courses and programs.

2) An entity seeking approval as a CE sponsor shall submit an application, on forms supplied by the Department, along with the required fee as set forth in Section 1245.305. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.) The application shall include:

A) Certification that:

i) All programs offered by the sponsor for CE credit shall comply with the criteria in this Section;

ii) The sponsor shall be responsible for verifying attendance at each program and provide a certificate of attendance to the participant as set forth in subsection (c)(7);

iii) Upon request by the Department, the sponsor will submit evidence (e.g., certificate of attendance or course material) as is necessary to establish compliance with this Section. Evidence shall be required when the Department has reason to believe that there is not full compliance with the Act and this Part and that this information is necessary to ensure compliance; and

B) A copy of a 3 hour sample program with faculty, course materials and syllabi.

3) All programs shall:

A) Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the practice of dietetics and nutrition services;

B) Foster the enhancement of general or specialized work in the practice of dietetics and nutrition services;

C) Be developed and presented by persons with education and/or experience in the subject matter of the program;

D) Specify the course objectives, course content and teaching methods to be used; and

E) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for renewal of a license.

4) Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants. The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail or electronically. The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

5) An approved sponsor may subcontract with individuals and organizations to provide approved programs. All advertising, promotional materials and certificates of attendance must identify the licensed sponsor and the sponsor's license number. The presenter of the program may also be identified, but should be identified as a presenter. When a licensed sponsor subcontracts with a presenter, the licensed sponsor retains all responsibility for monitoring attendance, providing certificates of attendance and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

6) All programs given by approved sponsors shall be open to all dietitian nutritionists and not be limited to members of a single organization or group.

7) Certification of Attendance. It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:

A) The name, address and license number of the sponsor;

B) The name and address of the participant;

C) A brief statement of the subject matter;

D) The number of hours attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor.

8) The sponsor shall maintain attendance records for not less than 5 years.

9) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

10) Upon the failure of a sponsor to comply with any one of the requirements of this subsection (c), the Department, after notice to the sponsor and hearing before the Department, shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until the Department receives assurances of compliance with requirements of this Section.

11) Notwithstanding any other provision of this Section, the Department or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

d) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in this Section.

2) The Department may require additional evidence demonstrating compliance with the CE requirements (e.g., certificate of attendance). It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

3) The Department may conduct a random audit to verify compliance with the CE requirements.

4) When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing.

e) Continuing Education Earned in Other Jurisdictions

1) If a licensee has earned CE hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the licensee shall submit an individual program approval request form, along with a $20 processing fee, within 90 days prior to expiration of the license. The Board shall review and recommend approval or disapproval of the program using criteria set forth in subsection (c)(3) of this Section. Licensees may seek individual program approval prior to participating in the program.

2) If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $20 processing fee plus a $10 per hour late fee not to exceed $150. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in this Section.

f) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Department a renewal application along with the required fee set forth in Section 1245.305, a statement setting forth the facts concerning noncompliance and request for waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Department finds, from an affidavit or any other evidence submitted, that extreme hardship has been shown for granting a waiver, the Department shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

2) Extreme hardship shall be determined on an individual basis and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

A) Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

B) An incapacitating illness documented by a statement from a currently licensed physician; or

C) Any other similar extenuating circumstance.

3) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Department.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.320 Inactive Status

a) A licensed dietitian nutritionist who notifies the Department, on forms provided by the Department, may place the license on inactive status and shall be excused from paying renewal fees until he or she notifies the Department in writing of the intention to resume active practice.

b) Any dietitian nutritionist whose license is on inactive status shall not practice dietetics and nutrition services and shall not use the title "dietitian nutritionist", "dietitian", "licensed nutritionist", or "nutrition counselor" or the letters "L.D.N." in the State of Illinois. Any person violating this subsection shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of the Act.

c) Any licensee seeking restoration from inactive status shall do so in accordance with Section 1245.160.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.325 Supervision Under Section 20(m) of the Act

Under Section 20(m) of the Act, "supervision", when referring to a dietary technical support person working in a hospital setting or a regulated Department of Public Health or Department on Aging facility or program who has been trained and is supervised while engaged in the practice of dietetics by a licensed dietitian nutritionist, means supervision by a licensed dietitian nutritionist or other appropriate supervisor. The supervisor shall:

a) Meet at regularly scheduled sessions with the supervisee a minimum of one hour per month;

b) Be responsible for the standard of work performed by the supervisee; and

c) Have knowledge of patients, clients and case information.

(Source: Added at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.330 Unprofessional Conduct

a) The Department may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its finding of "unethical, unauthorized, or unprofessional conduct" within the meaning of Section 95 of the Act, which is interpreted to include, but is not limited to, the following acts or practices:

1) Discriminating against clients on the basis of race, gender, religion, age, national origin, political affiliation, social or economic status, choice of lifestyle or sexual orientation;

2) Promoting or endorsing products in a manner that is not true or is misleading;

3) Permitting the use of his or her name to certify that professional services have been rendered when the licensee has not provided or supervised those services. When providing supervision the licensee shall assume responsibility for the actions of any person under their supervision;

4) Making gross or deliberate misrepresentations or misleading claims as to his or her professional qualifications or of the efficacy or value of his or her nutrition services, or those of another practitioner;

5) Submission of fraudulent claims for services to any health insurance company or health service plan or third party payor;

6) Refusing to divulge to the Department techniques or procedures used in his or her professional activities upon request;

7) Practicing or offering to practice beyond one's competency (for example, providing services and techniques for which one is not qualified by education, training and experience);

8) Directly or indirectly giving to or receiving from any person, firm or corporation any fee, commission, rebate or other form of compensation for any professional services not actually rendered;

9) Making false or misleading statements designed to induce a client to purchase services, goods, appliances or drugs as to exploit the client for the financial gain of the licensee or of a third party;

10) Failing to make available to a client, upon request, copies of documents in the possession or under the control of the licensee that have been prepared for and paid for by the client;

11) Revealing of personally identifiable facts, data or information obtained in a professional capacity without the prior consent of the client, except as authorized or required by law;

12) Delegating professional responsibilities to a person when the licensee delegating those responsibilities knows or has reason to know that the person is not qualified, by training, by experience or by licensure, to perform them;

13) Performing professional services that have not been duly authorized by the client or his or her legal representative;

14) Failing to comply with the following applicable designation:

A) the 2009 American Dietetic Association/Commission on Dietetic

Registration Code of Ethics for the Profession of Dietetics and Process for Consideration of Ethics Issues, published July 22, 2009 by the Academy of Nutrition and Dietetics, 120 S. Riverside Plaza, Suite 2000, Chicago, Illinois, are hereby incorporated by reference with no later amendments or editions;

B) the 2004 American Clinical Board of Nutrition Certification Agreement, published December 1, 2005 by the American Clinical Board of Nutrition Certification, 6855 Browntown Road, Front Royal, Virginia 22630, are hereby incorporated by reference with no later amendments or editions;

C) the Certified Clinical Nutritionist Code of Professional Ethics and Responsibility, published December 15, 1991 by the Clinical Nutrition Certification Board, 15280 Addison Road, Suite 130, Addison, Texas 75001, are hereby incorporated by reference with no later amendments or editions; or

D) the Board for Certification of Nutrition Specialists 2013 Code of Ethics and Professional Conduct, effective July 23, 2013, published by the Board for Certification of Nutrition Specialists, 4707 Willow Springs Road, Suite 207, La Grange, Illinois 60525, are hereby incorporated by reference with no later amendments or editions.

b) A dietitian nutritionist shall not advertise in any way that is fraudulent, false, deceptive or misleading. Any advertising shall be considered fraudulent, false, deceptive or misleading if it:

1) Contains a misrepresentation of facts;

2) Makes only a partial disclosure of relevant, material facts;

3) Represents that professional services can or will be completely performed for a stated fee when this is not the case, or makes representations with respect to fees for professional services that do not disclose all variables affecting the fees that will in fact be charged;

4) Represents the licensee in a deceptive or misleading manner with respect to the profession or professional status of the licensee;

5) Contains any representation of a special area of practice by the licensee that implies that the licensee requires a superior license or formal recognition by the Department other than a licensed dietitian nutritionist;

6) Makes false, unproven or misleading claims about the validity, safety, or effectiveness of any dietetic or nutrition related service, product or test;

7) Fails to conspicuously identify the licensee by name in the advertisement; or

8) Makes a guarantee of success.

(Source: Amended at 40 Ill. Reg. 3658, effective March 11, 2016)

Section 1245.340 Granting Variances

a) The Director may grant variances from these rules in individual cases where:

1) The provision from which the variance is granted is not statutorily mandated;

2) No party will be injured by the granting of the variance; and

3) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

b) The Director shall notify the Dietitian Nutritionist Practice Board in writing of the granting of a variance, and the reasons therefor.

(Source: Amended at 28 Ill. Reg. 4867, effective March 5, 2004)