(a) An applicant who is applying for licensure under this chapter shall have the following qualifications:

(1) A minimum of a baccalaureate degree from a United States (U.S.) regionally accredited college or university. Applicants who have obtained their education outside the U.S. and its territories must have their academic degree or degrees validated as equivalent to the baccalaureate or master’s degree conferred by a regionally accredited college or university in the U.S.; and

(2) A major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management; and

(3) Submitted proof to the Board of the completion of a supervised practice in dietetics/nutrition which consists of a documented supervised practice experience component in dietetics practice, of not less than 900 hours under the supervision of a registered dietitian, a state’s licensed healthcare practitioner or an individual with a doctoral degree conferred by a U.S. regionally accredited college or university with a major course study in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management. Supervised practice experience must be completed in the U.S. or its territories. Supervisors who obtained their doctoral degree outside the U.S. and its territories must have their degree validated as equivalent to the doctoral degree conferred by a U.S. regionally accredited college or university; and

(4) Appear at a time and place designated by the Board and submit to examination as to the person’s qualification for registration as a L.D.N.

Terms Used In Delaware Code Title 24 Sec. 3806

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: shall mean the State Board of Dietetics/Nutrition. See Delaware Code Title 24 Sec. 3802
  • Dietetic and nutrition therapy: shall mean the scope of services utilized in the delivery of preventive nutrition services and nutrition therapy. See Delaware Code Title 24 Sec. 3802
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: shall mean any document which indicates that a person is currently licensed by the Board of Dietetics/Nutrition. See Delaware Code Title 24 Sec. 3802
  • Quorum: The number of legislators that must be present to do business.
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the provision of dietetics/nutrition therapy services. See Delaware Code Title 24 Sec. 3802
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302

(b) Persons who provide evidence of current registration as a registered dietitian awarded by the Commission on Dietetic Registration, credentialing agency of the American Dietetic Association shall be considered to have met the qualifications for licensure under this chapter in lieu of subsection (a) of this section.

(c) The Board may refuse or reject an applicant if, after hearing, the Board finds that the applicant meets any of the following conditions or actions:

(1) Those specified in § 3811(a)(1)-(5) of this title.

(2) Has been convicted of a crime that is substantially related to the provision of dietetic and nutrition therapy. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board , by an affirmative vote of a majority of the quorum, shall waive this paragraph (c)(2).

a.-d. [Repealed.]

(3) Has been the recipient of any administrative penalties from any other jurisdiction or jurisdictions regarding the applicant’s practice of dietetic and nutrition therapy, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any “consent agreements” which contain conditions placed by a Board on the applicant’s professional conduct and practice, including any voluntary surrender of a license in lieu of discipline. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.

(d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for the applicant than for other applicants, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(f) The Board may waive the requirements of this section if the applicant presents with satisfactory evidence of the following in their application for licensure to practice dietetics and provided that the application is filed not later than June 21, 2010: Successful completion of a baccalaureate or higher degree in nutrition from an institution of higher education that is approved by a regional accreditation agency that is recognized by the Council on Postsecondary Accreditation and Documentation and at least 10 years or greater work experience in the field of nutrition. This individual would be subject to maintain continuing education as outlined in this chapter.

69 Del. Laws, c. 306, § ?1; 70 Del. Laws, c. 186, § ?1; 76 Del. Laws, c. 49, § ?1; 76 Del. Laws, c. 323, §§ ?1, 2; 77 Del. Laws, c. 199, § ?32; 78 Del. Laws, c. 44, §§ ?62, 63; 83 Del. Laws, c. 433, § 26;