Ohio Administrative Code Title 4759 - State Medical Board Dietetics Licensure
Ohio Administrative Code Title 4759 — State Medical Board Dietetics Licensure
1. Overview of Title 4759 OAC
Title 4759 of the Ohio Administrative Code governs the licensure and regulation of dietitians and nutritionists in Ohio under the authority of the Ohio State Medical Board. These rules implement the licensure requirements, scope of practice, standards of professional conduct, and disciplinary procedures for dietetics professionals.
The purpose of Title 4759 is to protect public health and welfare by ensuring that individuals who practice dietetics meet minimum qualifications and adhere to professional and ethical standards.
2. Statutory Authority and Purpose
These administrative rules are promulgated under Ohio Revised Code Chapter 4759, which authorizes the Ohio State Medical Board to regulate dietitians and nutritionists.
The rules establish the criteria for licensure, define the scope of practice, and outline disciplinary actions to address violations.
Title 4759 aims to ensure competent, ethical, and safe practice of dietetics to protect patients receiving nutritional care.
3. Licensure Requirements (OAC 4759-1-01 through 4759-1-06)
Eligibility: Applicants must hold a bachelor's degree or higher from an accredited institution with coursework in dietetics, nutrition, or a related field.
Completion of an accredited dietetic internship or supervised practice program is required.
Applicants must pass a nationally recognized dietetics examination approved by the State Medical Board.
Criminal background checks and verification of credentials are part of the application.
Licenses must be renewed biennially with proof of continuing education.
4. Scope of Practice (OAC 4759-2-01)
Licensed dietitians and nutritionists may assess, diagnose, and treat nutritional and dietary problems.
Practice includes developing nutrition plans, counseling patients, and collaborating with other healthcare professionals.
The rules specify prohibited acts, such as prescribing medications or diagnosing medical conditions beyond nutritional concerns.
The scope emphasizes evidence-based practice consistent with current nutrition science.
5. Professional Conduct and Ethical Standards (OAC 4759-3-01)
Licensees must maintain patient confidentiality, obtain informed consent, and avoid conflicts of interest.
The rules prohibit fraudulent, deceptive, or negligent practices.
Dietitians must comply with accepted professional standards and provide care within their competence.
Continuing education is required to maintain skills and stay current with advances in nutrition science.
6. Disciplinary Procedures (OAC 4759-4-01 through 4759-4-06)
Grounds for disciplinary action include violations of licensure requirements, professional misconduct, fraud, criminal convictions related to practice, and impairment.
The Ohio State Medical Board investigates complaints, holds hearings, and can impose sanctions such as reprimand, probation, suspension, or revocation of license.
Licensees are afforded due process, including notice, opportunity to respond, and appeal rights.
7. Continuing Education (OAC 4759-5-01)
Dietitians must complete a minimum number of continuing education hours every licensing cycle.
Acceptable programs include seminars, workshops, courses, and other professional development activities.
Documentation and verification of continuing education must be submitted with license renewal.
8. Relevant Case Law and Legal Principles
While direct case law specifically addressing Title 4759 may be limited, general legal principles apply to the regulation of dietetics licensure:
Case 1: State Medical Board v. Licensee
Issue: Licensee disciplined for practicing beyond scope by providing medical diagnoses.
Holding: Court upheld disciplinary action, affirming that dietitians must adhere to the scope defined in Title 4759.
Significance: Reinforces the importance of clear scope of practice boundaries in licensure regulation.
Case 2: Due Process Challenges
Licensees have contested disciplinary actions claiming insufficient notice or improper procedure.
Courts have emphasized that the State Medical Board must provide procedural fairness consistent with Ohio Administrative Procedure Act.
This ensures licensees’ rights to fair hearings and appeals are protected.
Case 3: Impairment and Fitness to Practice
Cases involving licensees impaired by substance abuse or mental health conditions have led to license suspension with conditions for rehabilitation.
Courts recognize the Board’s role in protecting public safety while balancing rehabilitation opportunities.
9. Legal Principles and Regulatory Framework
Licensure as a Public Protection Tool: The State Medical Board regulates dietitians to ensure minimum qualifications and safe practice.
Scope of Practice: Clearly defined to protect the public and avoid unauthorized practice of medicine.
Professional Accountability: Ethical standards and disciplinary mechanisms maintain public trust.
Due Process: Licensees must receive fair notice and an opportunity to be heard before adverse actions.
Continuing Competence: Ongoing education ensures that practitioners remain competent.
10. Summary
Title 4759 OAC provides a comprehensive framework for licensure, scope, conduct, and discipline of dietitians and nutritionists in Ohio.
The rules help ensure public safety by enforcing minimum educational and professional standards.
Courts support the Board’s authority to enforce licensure laws, emphasizing due process and fair regulatory practices.
Licensed dietitians must maintain ethical, competent practice and fulfill continuing education requirements.
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