(a)        The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:

(1)        Employment of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license, or the renewal of a license.

(2)        Committing an act or acts of malpractice, gross negligence or incompetence in the practice of dietetics or nutrition.

(3)        Practicing as a licensed dietitian/nutritionist or a licensed nutritionist without a current license.

(4)        Engaging in conduct that could result in harm or injury to the public.

(5)        Conviction of or a plea of guilty or nolo contendere to any crime involving moral turpitude.

(6)        Adjudication of insanity or incompetency, until proof of recovery from the condition can be established.

(7)        Engaging in any act or practice in violation of any of the provisions of this Article or any rule adopted by the Board, or aiding, abetting or assisting any person in such a violation.

(b)        Denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the Board after a hearing held in accordance with Chapter 150B of the N.C. Gen. Stat. and rules adopted by the Board. An application may be made to the Board for reinstatement of a revoked license if the revocation has been in effect for at least one year. ?(1991, c. 668, s. 1; 2018-91, s. 11.)

Terms Used In North Carolina General Statutes 90-363

  • Board: The North Carolina Board of Dietetics/Nutrition. See North Carolina General Statutes 90-352
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dietetics: The integration and application of principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve and maintain a healthy status. See North Carolina General Statutes 90-352
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Fraud: Intentional deception resulting in injury to another.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nutrition: The integration and application of principles derived from the science of nutrition, biochemistry, metabolism, and pathophysiology to achieve and maintain a healthy status. See North Carolina General Statutes 90-352
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.