ARC 7543C
PROFESSIONAL LICENSURE DIVISION[645]
Notice of Intended Action
Proposing rulemaking related to continuing education for dietitians
and providing an opportunity for public comment
The Board of Dietetics hereby proposes to rescind Chapter 82, “Continuing Education for Dietitians,” Iowa Administrative Code, and to adopt a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code chapter 152A and sections 147.36, 272C.3 and 272C.10.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 152A and 272C.
Purpose and Summary
Proposed Chapter 82 sets forth continuing education requirements for dietitians. It includes definitions related to continuing education, the required number of hours of continuing education that licensees are required to obtain, the standards that licensees need to meet, and the types of continuing education courses that are permissible. The intended benefit of continuing education is to ensure that dietitians maintain up-to-date practice standards and, as a result, provide high-quality services to Iowans.
No public comments were received at the November 21, 2023, public hearing.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 645—Chapter 18.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department of Inspections, Appeals, and Licensing no later than 4:30 p.m.	on February 14, 2024. Comments should be directed to:

Venus Vendoures Walsh
Division of Licensing
Iowa Department of Inspections, Appeals, and Licensing
6200 Park Avenue, Suite 100
Des Moines, Iowa 50321-1270
Phone: 515.242.6529
Email: venus.vendoures-walsh@dia.iowa.gov	
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:

February 13, 2024
2:10 to 2:30 p.m.	6200 Park Avenue
Des Moines, Iowa
Video call link: meet.google.com/jji-jaoj-uqy
Phone numbers: tel.meet/yxd-hmkw-ppo?pin=1779851586643	
February 14, 2024
2:10 to 2:30 p.m.	6200 Park Avenue
Des Moines, Iowa
Video call link: meet.google.com/jji-jaoj-uqy
Phone numbers: tel.meet/yxd-hmkw-ppo?pin=1779851586643	
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rulemaking action is proposed:
	Item 1. Rescind 645—Chapter 82 and adopt the following new chapter in lieu thereof:
CHAPTER 82
CONTINUING EDUCATION FOR DIETITIANS
645—82.1(152A) Definitions.
“Active license” means the license is current and has not expired.
“Approved program/activity” means a continuing education program/activity meeting the standards set forth in these rules.
“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period.
“Board” means the board of dietetics.
“Continuing education” means planned, organized learning acts acquired during licensure designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.
“Hour of continuing education” means at least 50 minutes spent by a licensee in actual attendance at and completion of approved continuing education activity.
“Inactive license” means a license that has expired because it was not renewed by the end of the grace period.
“Independent study” means a subject/program/activity that a person pursues autonomously that meets standards for approval criteria in the rules and includes a posttest.
“License” means license to practice.
“Licensee” means any person licensed to practice as a dietitian in the state of Iowa.
“Webinar” means a web-based seminar, presentation, lecture, or workshop that is transmitted over the web.
645—82.2(152A) Continuing education requirements.
	82.2(1) The biennial continuing education compliance period will extend for a two-year period beginning on the sixteenth day of the licensee’s birth month and ending on the fifteenth day of the birth month two years later. Each biennium, each person who is licensed to practice as a dietitian in this state will be required to complete a minimum of 30 hours of continuing education approved by the board.
	82.2(2) Requirements for new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired any time from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 30 hours of continuing education per biennium for each subsequent license renewal.
	82.2(3) Hours of continuing education credit may be obtained in accordance with the definitions and standards in these rules.
	82.2(4) No hours of continuing education will be carried over into the next biennium except as stated for the second renewal. A licensee whose license was reactivated during the current renewal compliance period may use continuing education earned during the compliance period for the first renewal following reactivation.
	82.2(5) It is the responsibility of each licensee to finance the cost of continuing education.
645—82.3(152A,272C) Standards.
	82.3(1) General criteria. A continuing education activity that meets all of the following criteria is appropriate for continuing education credit if the continuing education activity:
	a. 	Constitutes an organized program of learning that contributes directly to the professional competency of the licensee;
	b. 	Pertains to subject matters that integrally relate to the practice of the profession;
	c. 	Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program. At the time of audit, the board may request the qualifications of the presenters;
	d. 	Fulfills stated program goals, objectives, or both; and
	e. 	Provides proof of attendance to licensees in attendance including:
	(1)	Date(s), location, course title, presenter(s);
	(2)	Number of program contact hours; and
	(3)	Certificate of completion or evidence of successful completion of the course provided by the course sponsor.
	82.3(2) Specific criteria.
	a. 	Continuing education hours of credit may be obtained by completing programs/activities that reflect the educational needs of the dietitian and the nutritional needs of the consumer. Continuing education programs/activities that are scientifically founded and offered at a level beyond entry-level dietetics for professional growth will be accepted for continuing education.
	b. 	The licensee may engage in other types of activities identified in the individual licensee’s professional development portfolio for Commission on Dietetic Registration (CDR) certification.
	c. 	The licensee may engage in programs/activities via webinars and independent study, in accordance with the definitions and standards in these rules.
	d. 	The licensee may submit completed training to comply with mandatory reporter training requirements, as specified in 645—subrule 81.9(4). Hours reported for credit will not exceed the hours required to maintain compliance with required training.
	e. 	The following areas are appropriate for continuing education credit:
	(1)	Sciences related to dietetic practice, education, or research including biological sciences, food and resource management and behavioral and social sciences to achieve and maintain people’s health.
	(2)	Dietetic practice related to assessment, counseling, teaching, or care of clients in any setting.
	(3)	Management or quality assurance of nutritional care delivery systems.
	(4)	Dietetic practice related to community health needs.
	f. 	Criteria for hours of credit are as follows:
	(1)	Academic coursework. Coursework for credit must be completed at a regionally accredited U.S. college or university. In order for the licensee to receive continuing education credit, the coursework must be beyond entry-level dietetics.
1 academic semester hour = 15 continuing education hours
1 academic quarter hour = 10 continuing education hours
	(2)	Scholarly publications. Publication may be approved if submitted in published form in the continuing education documentation file of the licensee. All publications must appear in refereed professional journals. Material related to work responsibilities, such as diet and staff manuals, and publications for the lay public are unacceptable. Continuing education credit hours may be reported using the following guidelines:

1. Senior author: first of two or more authors listed.	
2. Coauthor: second of two authors listed.	
3. Contributing author: all but senior of the three or more authors.	
4. Research papers:	
● Single author	10 hours	
● Senior author	8 hours	
● Coauthor	5 hours	
● Contributing author	3 hours	
5. Technical articles:	
● Single author	5 hours	
● Senior author	4 hours	
● Coauthor	3 hours	
● Contributing author	2 hours	
6. Information-sharing articles:	1 hour	
7. Abstracts:	
● Senior author	2 hours	
● Coauthor	1 hour	
	(3)	Poster sessions. Continuing education credit may be obtained for attending juried poster sessions at national meetings that meet the criteria for appropriate subject matter as required in these rules. One hour of continuing education credit is allowed for each 12 posters reviewed not to exceed six hours in a continuing education biennium.
	(4)	Presenters. Presenters may receive continuing education credit. Presentations to the lay public will not receive credit for continuing education. For each 50-minute hour of presentation, two hours of credit for continuing education will be earned. Presenters of poster sessions at national professional meetings will receive a maximum of two hours of credit per topic. A copy of the abstract or manuscript and documentation of the peer review process must be included in the licensee’s documentation list.
	(5)	Staff development training. Staff development training that meets the criteria in this subrule will be credited on the basis of the defined hour of continuing education stated in these rules.
These rules are intended to implement Iowa Code section 272C.2 and chapter 152A.