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House Bill 4296 (Enrolled)

Contact:  Office of Policy and Legislative Affairs
Agency: Energy, Labor & Economic Growth


Analysis

Sponsor: Hammerstrom

Topic: Dieticians

Position: The Department of Consumer and Industry Services opposes the bill.

Description of the Bill: The bill amends the Public Health Code by creating the Board of Nutrition and Dietetics in the Department of Consumer and Industry Services and provides for the registration of dieticians. The bill defines "registered nutritionist and dietitian" and provides for two exclusions. An individual providing information on foods, food products or dietary supplements in connection with marketing or distribution and an individual who provides weight control services are exempt from the definition. The board would consist of two public members and five members of the profession. The minimum requirements for registration are specified. These include possession of a baccalaureate degree from a United States regionally accredited college or university approved by the department, at least 900 hours of supervised postcollege or planned continuous preprofessional experience as prescribed by rule and passage of an exam approved by the department. The bill also contains a provision stating that the new article does not require new or additional third-party reimbursement for services rendered by health professionals. The bill is tie-barred to House Bills 5736-37 which relate to the third-party reimbursement issue.

The bill contains conflict resolution language designed to incorporate language in several other licensure or registration bills. Of those bills, only the athletic trainer and social worker bills were enrolled. The bills for respiratory therapists and therepeutic recreation specialists were not enacted.

Arguments For: The advice given by individuals holding themselves out as being nutritionists or dieticians can be life-giving or life-threatening. Consumers should have confidence that the person giving them advice had at least a bachelor's degree in a nutrition-related major and was keeping current with the latest developments in nutrition.

Arguments Against: The giving of nutritional advice by unregistered or unlicensed does not pose a threat to the public health, safety and welfare in Michigan.

State registration is unnecessary. The profession already does an excellent job of policing itself. The Commission on Dietetic Registration administers a test for those who wish to use the designation "R.D.N." There are also test available for those interested in specialization. Minimum requirements for educational background and pre-professional experience similar to those in the bill already exist.

Although the bill wouldn't directly increase health care costs, state registration could increase the cost of dietetic and nutrition services by making entrance into the profession more difficult.

Supporters/Opponents: The Michigan Dietetic Association supports the bill. The Michigan Health and Hospital Association and the Michigan State Medical Society oppose the bill.

Fiscal Impact: The cost to the department of new registrations/licensures is significant. The cost of changing our systems programming to add a new registered profession would exceed $60,000. A $20 application processing fee and a $25 annual licensure fee would be charged to the estimated 2,400 dieticians and nutritionists who will seek registration.

Administrative Rules Impact: Although the bill does not contain a specific rule-making mandate, administrative rules under Section 16145 of the Public Health Code would likely be necessary.

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