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AB-2128 Health facilities: dietitians.(2007-2008)



Current Version: 08/01/08 - Chaptered

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AB2128:v91#DOCUMENT

Assembly Bill No. 2128
CHAPTER 225

An act to add Section 1265.4 to the Health and Safety Code, relating to health facilities.

[ Approved by Governor  August 01, 2008. Filed with Secretary of State  August 01, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2128, Emmerson. Health facilities: dietitians.
Under existing law, the State Department of Public Health licenses and regulates health care facilities. Violation of the provisions constitutes a misdemeanor.
This bill would require that specified health facilities employ a full-time, part-time, or consulting dietitian. The bill would require those facilities that employ a registered dietitian less than full time to also employ a full-time dietetic services supervisor. The dietetic services supervisor would be required to receive frequently scheduled consultation from a qualified dietitian and meet educational requirements, as specified. This bill would allow the department to issue a program flexibility request to a facility to exempt from the educational requirements any individual who has been working full time as a dietetic services supervisor in a health facility for 5 years or more when the bill becomes operative and allow them to continue to function as a dietetic services supervisor for 18 months as long as they are enrolled in a specified education program. The exemption could be extended an additional 6 months if the individual can demonstrate to the department that the education program could not be completed within the original 18-month period. The bill would require program flexibility requests to be submitted not later than December 31, 2009. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1265.4 is added to the Health and Safety Code, to read:

1265.4.
 (a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall employ a full-time, part-time, or consulting dietitian. A health facility that employs a registered dietitian less than full time, shall also employ a full-time dietetic services supervisor who meets the requirements of subdivision (b) to supervise dietetic service operations. The dietetic services supervisor shall receive frequently scheduled consultation from a qualified dietitian.
(b) The dietetic services supervisor shall have completed at least one of the following educational requirements:
(1) A baccalaureate degree with major studies in food and nutrition, dietetics, or food management and has one year of experience in the dietetic service of a licensed health facility.
(2) A graduate of a dietetic technician training program approved by the American Dietetic Association, accredited by the Commission on Accreditation for Dietetics Education, or currently registered by the Commission on Dietetic Registration.
(3) A graduate of a dietetic assistant training program approved by the American Dietetic Association.
(4) Is a graduate of a dietetic services training program approved by the Dietary Managers Association and is a certified dietary manager credentialed by the Certifying Board of the Dietary Managers Association, maintains this certification, and has received at least six hours of in-service training on the specific California dietary service requirements contained in Title 22 of the California Code of Regulations prior to assuming full-time duties as a dietetic services supervisor at the health facility.
(5) Is a graduate of a college degree program with major studies in food and nutrition, dietetics, food management, culinary arts, or hotel and restaurant management and is a certified dietary manager credentialed by the Certifying Board of the Dietary Managers Association, maintains this certification, and has received at least six hours of in-service training on the specific California dietary service requirements contained in Title 22 of the California Code of Regulations prior to assuming full-time duties as a dietetic services supervisor at the health facility.
(6) A graduate of a state approved program that provides 90 or more hours of classroom instruction in dietetic service supervision, or 90 hours or more of combined classroom instruction and instructor led interactive Web-based instruction in dietetic service supervision.
(7) Received training experience in food service supervision and management in the military equivalent in content to paragraph (2), (3), or (6).
(c) Pursuant to Section 1276, the State Department of Public Health may grant a program flexibility request to the facility to modify the requirements in subdivision (b) for any individual who has at least five years experience prior to January 1, 2009, as a dietetic services supervisor in a health facility specified in subdivision (a) to allow that individual to function as a dietetic services supervisor for a period not to exceed 18 months, as long as the individual is enrolled in a program that meets the requirements listed in subdivision (b). The department may extend the program flexibility request for a period not to exceed six months if the individual can demonstrate to the department that the coursework could not otherwise be completed within the original 18-month period. Program flexibility requests shall be submitted not later than December 31, 2009.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.