4.   There is created in the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Dietetics and Nutrition.  The board shall consist of seven members who are residents of the State, one of whom shall be a public member and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.).  Of the remaining five members, four shall be, except for the members first appointed, licensed dietitian nutritionists or licensed nutritionists under the provisions of P.L.2019, c.331 (C.45:16B-1 et al.) who shall have been actively engaged in the practice of dietetics and nutrition in the State for at least five years immediately preceding their appointment. At least three of the licensed dietitian nutritionist or licensed nutritionist members shall have been actively engaged in the provision of medical nutrition therapy in the State for at least five years immediately preceding their appointment.  Of the four members licensed under P.L.2019, c.331 (C.45:16B-1 et al.), and of the members first appointed one shall be a dietitian nutritionist or nutritionist whose primary practice is clinical nutrition; one shall be a dietitian nutritionist or nutritionist whose primary practice is community or public health nutrition; one shall be a dietitian nutritionist or nutritionist whose primary practice is management of clinical nutrition services or consulting in nutrition; and one shall be a dietitian nutritionist or nutritionist who is an educator specializing in the field of dietetics or nutrition on the faculty of a college or university accredited at the time from the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education, specializing in the field of dietetics or nutrition; and the remaining member shall be a physician licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes.  Of the four professional members licensed under P.L.2019, c.331 (C.45:16B-1 et al.) or of the members first appointed, three shall hold current registration as a registered dietitian nutritionist with the Commission on Dietetic Registration and not be eligible for certification with the Board for Certification of Nutrition Specialists or the American Clinical Board of Nutrition, and one shall hold current certification with either the Board for Certification of Nutrition Specialists or the American Clinical Board of Nutrition and not be eligible for registration with the Commission on Dietetic Registration. 

   The member of the board appointed from the public at large shall be a citizen or permanent resident of the United States and a resident of this State and shall not be any of the following:  a dietitian nutritionist or nutritionist; an agent or employee of a person engaged in the profession of dietetics or nutrition; a licensed health care professional or enrolled in a program to become prepared to be a licensed health care professional; an agent or employee of a health care institution, a health care insurer, or a health care professional school; a member of any allied health profession or enrolled in a program to become prepared to be a member of an allied health profession; or the spouse or first degree relative, such as a parent, child or sibling, of an individual not eligible to serve as a public member of the board.

Terms Used In New Jersey Statutes 45:16B-4

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2

   The Governor shall appoint the public member and the State executive department member and shall appoint the remaining five members with the advice and consent of the Senate.  Each member, other than the State executive department member, shall be appointed for a term of three years, except that of the members first appointed whose terms shall be staggered as follows: of the three licensed dietitian nutritionist members holding current registration with the Commission on Dietetic Registration, one shall serve for a term of two years and one shall serve for a term of one year; the physician member shall serve for a term of one year. 

   Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided by the original appointment. Each member shall hold office until the member’s successor has been appointed and seated.  Notice of any vacancy and either the State’s process for filling such vacancy or a link thereto shall be immediately publicly posted to the board’s website.  The board’s website shall include the terms and expiration dates of all members and either a link to apply for appointment to a vacant position or a description of the State’s process for applying to serve on the board.  No member of the board may serve more than two successive terms in addition to any unexpired term to which the member has been appointed. The Governor may remove any member of the board, other than the State executive department member, for cause.

   L.2019, c.331, s.4.