Enmiendas a la Ley 82

Board of Examiners – Nutritionists and Dietitians;

Profession of Nutrition and Dietetics

(House of Representatives Bill 444)

[No. 124]

[Approved on July 23, 1974]

To amend various provisions of Act No. 82 of May 31, 1972, that regulates the professions of nutritionists and dietitians in Puerto Rico.

It is hereby ordered by the Legislative Assembly of Puerto Rico:

Part 1.- Title of Act No. 82 of May 31, 1972 is amended to read as follows:

"To regulate the practice of the profession of nutrition and dietetics in Puerto Rico and to create the Board of Examiners of Nutritionists and Dietitians; establish the College of Nutritionists and Dietitians of Puerto Rico and provide for its rights and responsibilities; and to establish penalties."

Part 2.- The third paragraph of the Statement of Motives of Act No. 82 of May 31, 1972 is amended to read as follows:

"Due to the advancements in food handling and servicing, the progress of dietetic treatment as an essential part in the medical treatment of diseases, and the growing demand for nutrition and dietetic services, the need has arisen in Puerto Rico for the use of duly trained specialists in the fields of nutrition and dietetics, to implement the new projects aimed at improving the nutritional aspects of the diet of Puerto Ricans, and to protect their health. To that effect, it is necessary to regulate the profession of nutrition and dietetics, establish the requirements to be met by those who practice and wish to practice such profession, and to establish the adequate organisms to oversee the faithful compliance with the objectives pursued by the regulation of this profession."

Part 3.- Subsections (a), (b), (c), (d) and (f) of Section 2 of Act No. 82 of May 31, 1972, are amended to read as follows:

Section 2. - Board of Examiners of Nutritionists and Dietitians

(a) "The Board of Examiners of Nutritionists and Dietitians of Puerto Rico is hereby created, attached to the Division of Examining Boards of the Department of State of Puerto Rico, which will be responsible for all duties related to the granting, suspension and revocation of licenses to practice the profession of nutrition and dietetics in the Island.

(b) The Board shall be composed of five members appointed by the Governor with the advice and consent of the Senate. These members shall enjoy good standing, be of legal age, citizens of the United States and residents of the Commonwealth of Puerto Rico. Two of the members shall be nutritionists and two shall be dietitians. These shall hold a bachelor's degree with a major in nutrition or dietetics from a college or university accredited by the Council for Higher Education, and shall have no less than five years of experience in the performance of the profession as of the date of their appointments. If the candidate holds a masters or doctoral degree in nutrition or dietetics or in any other related field, he shall only be required one year of experience in their field of specialty. The remaining member of the Board shall be a professional in good standing who has shown interest in the field of health and/or nutrition, and who has participated in activities related with these fields, and that has practiced his profession for no less than five years.

The Governor may consider qualified candidates as members of the Board submitted to him by bona fide entities with legitimate interest in the work of the Board.

(c) The initial appointments shall be made for the following terms: one dietitian and one nutritionist for two years, one professional in good standing for three years and the remaining member for four years. Subsequent appointments shall be made for a term of four (4) years. The members shall hold their posts during the term for which they were appointed and until their successors are appointed and take possession of their posts. Any vacancy which may occur prior to the expiration of the term of a member shall be filled for the remaining portion of the term. No person shall be appointed for more than two consecutive terms.

(d) The members of the Board shall serve ad honorem.

(f) The funds earned as a result of the compliance with this Act shall become part of the general fund of the state Treasury Department."

Part 4.- Section 3 of Act No. 82 of May 31, 1972 is amended to read as follows:

Section 3 – Meetings of the Board

"The Board shall meet at least twice a year and as often as necessary for the best fulfillment of its functions. During the first meeting, and thereafter whenever the post is vacant, the Board shall elect a Chairperson from among its members. The resolutions of the Board shall be taken by a majority vote of its members. Three members of the Board shall constitute a quorum."

Part 5.- Subsection (a) is amended and subsection (i) is added to Section 4 of the Act No. 82 of May 31, 1972 to read as follows:

Section 4. – Powers and Duties of the Board

"The Board of Examiners hereby created shall have the following powers and duties:

(a) It shall issue licenses to practice the profession of nutrition and dietetics in Puerto Rico.

(i) The Board may grant a provisional license for a maximum of two times to individuals who meet the requirements for obtaining a regular license, that have requested the examination and that are waiting to take such examination. This provisional license shall be automatically revoked once the examination closest to the time of its issuance has been offered."

Part 6. – Subsection (b) of Section 5 of Act No. 82 of May 31, 1972 is amended to read as follows:

"Section 5. –License Application

Applicants that fail the examination may reapply by submitting their application with a payment voucher in the amount of five (5) dollars."

Part 7.- Subsections (a) and (b) of Section 6 of Act No. 82 of May 31, 1972 are amended to read as follows:

Section 6.- Requirements for obtaining a license:

(a) "To be a person of good moral standing, be over eighteen years of age and a resident of Puerto Rico.

(b) To hold a bachelor's degree with a major in nutrition or dietetics from a university or college accredited by the Council for Higher Education or by one of the national accreditation regional entities, and to have completed an internship in nutrition or dietetics in a hospital or institution accredited to give such training, or in substitution of such internship, to hold a masters or doctoral degree in nutrition or dietetics from a university or college accredited by the Council for Higher Education or by one of the national accreditation regional entities.

An internship shall not be required of those individuals that completed their bachelor's degree before July 1, 1976."

Part 8.- Section 7 of Act No. 82 of May 31, 1972 is amended to read as follows:

"As of the date of effectiveness of this Act, only the persons holding a license issued by the Board shall have the right to practice the profession of nutrition and dietetics in Puerto Rico and use the corresponding title."

Part 9.- Section 8 of Act No. 82 of May 31, 1972 is amended to read as follows:

"Section 8. - Reciprocity, license without examination and provisional licenses

The Board may grant licenses without examination to practice in Puerto Rico as nutritionists or dietitians to those persons who have pursued comparable studies to those required in Puerto Rico at a recognized college or university, and that hold licenses to work as such, granted by authorized organizations of the states of the United States of America with which the Board has established reciprocity relations, and provided that such states offer a similar concession to individuals licensed in Puerto Rico. The applicants for licenses without examination under this section shall meet the requirements of subsection (a) of Section 6.

The Board is hereby authorized to issue provisional license to guest nutritionists or dietitians, invited or contracted by the Commonwealth of Puerto Rico, its agencies or departments, or to be utilized by federal agencies in Puerto Rico to practice as such in Puerto Rico. The Board shall establish in its regulations, the requirements and conditions for the application and issuance of such licenses, after said applicants pay a fee through a payment voucher in the amount of ten (10) dollars, issued by the Internal Revenue Collections Office. These licenses shall be issued for a term no greater than one year and may be extended for additional periods after being so justified before the Board."

Part 10.- The first paragraph of Section 9 of Act No. 82 of May 31, 1972 is amended to read as follows:

Section 9 – Penalties

"Any person who practices the profession of dietitian or nutritionist in Puerto Rico, or advertises as such without holding a license duly issued by the Board of Examiners created by virtue of this Act, or that during the suspension or revocation of his license, or without being a member of the College of Nutritionists and Dietitians of Puerto Rico, practices as a person authorized, shall be charged with a misdemeanor and upon conviction thereof, shall be punished with a fine no less than one hundred (100) dollars, and no greater than five hundred (500) dollars, or by imprisonment for a term of no less than one (1) month, and no greater than six (6) months, or both penalties at the discretion of the Court."

Part 11.- Section 9A is added to Act No. 82 of May 31, 1972 to read as follows:

"The provisions of this Act shall not apply and shall not be detrimental in any way to:

(a) Officers and employees of the government of the United States while employed in Puerto Rico as nutritionists and dietitians in federal agencies, and who have their provisional licenses, and

(b) Any person employed in Puerto Rico in state or federal agencies, as a subordinate or under the supervision of a nutritionist or dietitian duly licensed by the Board of Examiners, or a nutritionist or dietitian covered by subsection (a) of this section, as long as the duties and responsibilities of the subordinate are not exactly and totally corresponding to those of a nutritionist or dietitian, or require determinations and definite judgments, and are carried out subject to the responsibility and immediate supervision of the authorized professional."

Part 12.- Section 10 of Act No. 82 of May 31, 1972 is amended to read as follows:

Section 10. - Creation of the College of Nutritionists and Dietitians of Puerto Rico.

"The professionals entitled to practice the profession of nutrition and dietetics in Puerto Rico, provided the absolute majority of them shall so determine in a referendum to be held to that effect, as provided in section 19(a) of this Act, are hereby constituted into a juridical body or quasi-public corporation under the name of College of Nutritionists and Dietitians of Puerto Rico, with domicile as determined by the Initial General Assembly of the College."

Part 13.- Section 12 of Act No. 82 of May 31, 1972 is amended to read as follows:

"After the first meeting of the Board of Directors of the College is celebrated, no one shall practice the nutrition and dietetics profession in Puerto Rico that is not a member of the College, and anyone that practices it without being a member shall be subjected to the penalties provided in the first paragraph of Section 9 of this Act."

Part 14.- Section 13 of Act No. 82 of May 31, 1972 is amended to read as follows:

"Any person admitted to the practice of the profession of nutrition and dietetics in Puerto Rico, as provided in this Act, may be a member of the College."

Part 15.- Section 18 of Act No. 82 of May 31, 1972 is amended to read as follows:

"Any member who does not pay his annual quota shall be suspended as member after being notified and given reasonable opportunity to bring his dues up to date. The member may be reinstated upon payment of the amounts due. After a member has been suspended, the College shall have the discretion, in such cases where it is justified, to argue before the Board of Examiners, of its own initiative, or of any of its members, the corresponding action for the suspension of the license of nutritionist or dietitian, as the case may be, of the concerned party."

Part 16.- Section 19 of Act No. 82 of May 31, 1972 is amended to read as follows:

(a) "Within six (6) months from the date of effectiveness of this Act, the Board of Examiners of Nutritionists and Dietitians shall consult, through a written referendum sent by mail to all those individuals qualified to become members of the College, whether they wish for the College of Nutritionists and Dietitians of Puerto Rico to be established or not, as provided in this Act. The answers may not be conditional, but affirmative or negative in the absolute, handwritten by the interested party, and subject to free inspection by any member of the nutrition and dietetics profession who so requests it.

(b) The Board of Examiners shall count the votes cast in the referendum no later than ninety (90) days after the referendum has been held.

(c) Once a majority of the consulted individuals have pronounced themselves in favor or against the College, the Board shall report the results in writing to the Governor and to all the persons licensed to practice the profession of nutrition and dietetics in Puerto Rico. In the event that the ninety (90) day period provided for counting the votes passes and the votes of the majority of the consulted individuals are not received, it will be officially understood that those were not in favor of the celebration of the referendum, in which case all the provisions of this Act, pertaining to the establishment of the College of Nutritionists and Dietitians, will be repealed."

Part 17.- The first paragraph of Section 20 of Act No. 82 of May 31, 1972 is amended to read as follows:

Section 20-

"Should the result of the referendum provided in Section 19(a) hereof be in the affirmative, the Board of Examiners of Nutritionists and Dietitians shall convene an Initial General Assembly to be held within thirty (30) days following the date in which the communication provided in section 19(c) was made, and shall convene, by mail and by publishing such notice in two general circulation newspapers during two consecutive days, notifying all the dietitians and nutritionists that on such date they become authorized to practice the profession in Puerto Rico, for the purpose of electing the first board of directors and to resolve on the bylaws of the College. This assembly shall be held in San Juan, Puerto Rico."

Part 18.- Section 21 of Act No. 82 of May 31, 1972 is amended to read as follows:

"If the result of the referendum favors the establishment of the College of Nutritionists and Dietitians of Puerto Rico, this shall be the successor of the juridical person of the Puerto Rico Dietetics Association, which was registered under Number 645, on August 11, 1959, at the Department of State of Puerto Rico, if it is agreed by the Association, and as soon as same is dissolved according to the provisions of Act No. 3 of January 9, 1956, as amended, known as the General Corporation Law of Puerto Rico."

Part 19.- "The Board of Examiners shall issue licenses without examination to any person that on November 30, 1972, holds the degree of nutritionist or dietitian in Puerto Rico, from an accredited university or college, and has demonstrated before the Board of Examiners and to their satisfaction, that he possesses such degree, that has practiced the profession for a term no less than one year, is of good moral standing, of legal age and a resident of Puerto Rico. Such persons shall comply with the provision of Subsection (a) of Section 5, and apply for a license without examination within the six (6) months term, commencing on the date in which this Act was approved."

Part 20.- "This Act shall be effective immediately after its approval."

Approved on Juy 23, 1974.