Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice dietetics in the State. The following individuals may practice dietetics without a license: A student or trainee, working under the supervision of a licensed dietitian-nutritionist while fulfilling an experience requirement or pursuing a course of study to meet requirements for licensure, for a limited period of time as determined by the Board; An individual employed by the United States government to practice dietetics, while practicing within the scope of that employment; and An individual who aids in the practice of dietetics, if the individual works under the supervision of a licensed dietitian-nutritionist or licensed physician.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. The applicant must be of good moral character. The applicant must be at least 18 years old. The applicant for licensure as a dietitian–nutritionist shall: Have satisfactorily completed academic requirements for the field of dietetics as approved by the Board; and Have received at a minimum a baccalaureate degree from a college or university accredited by an educational accrediting association as required by the Commission on Dietetic Registration; or Have received a master’s or doctoral degree from a college or university accredited by an educational accrediting association recognized by the Council on Higher Education and Accreditation in nutritional sciences (with emphasis in human nutrition), food and nutrition, dietetics, human nutrition, community nutrition, public health nutrition, or equivalent training approved by the Board; Have satisfactorily completed a program of supervised clinical experience approved by the Board; Submit to the Board proof of certification by the Board for Certification of Nutrition Specialists; or Submit to the Board proof of registration as a dietitian with the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; and Beginning July 1, 2027, submit to a criminal history records check in accordance with § 5–302.1 of this subtitle. Except as otherwise provided in this subtitle, the applicant must pass an examination approved by the Board under this subtitle. The applicant shall meet any other qualifications or requirements that the Board establishes for license applicants.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. An applicant shall apply to the Central Repository for a State and national criminal history records check. As part of the application for a criminal history records check, an applicant shall complete and submit to the Central Repository: A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information. Information obtained from the Central Repository under this section: Is confidential; May not be redisseminated; and May be used only for the licensing purpose authorized by this title. The subject of a criminal history records check under this section may contest the contents of the criminal history record information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.

An applicant for a license shall: Submit an application to the Board on the form that the Board requires; Pay the application fee set by the Board; Provide proof of passing an examination approved by the Board; and Beginning July 1, 2027, submit to a criminal history records check in accordance with § 5–302.1 of this subtitle. In addition to any other requirements of this section, an applicant who is or has been licensed to practice dietetics in another state or country shall submit proof of good standing in that state or country or proof of eligibility for a license in good standing in that state or country.

The Board shall determine the passing score for the examination approved.

Subject to the provisions of this section, the Board may waive an examination requirement of this title for an individual who: Is licensed to practice dietetics in another state or country; Is registered as a dietitian by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; or Is certified by the Board for Certification of Nutrition Specialists. The Board may grant a waiver under this section only if the applicant: Pays the application fee set by the Board under § 5–206 of this title; and Provides adequate evidence that the applicant: Meets the qualifications otherwise required by this subtitle; and Became licensed in the other state or country after passing, in that state or country, an examination that the Board determines to be comparable to the examination for which the applicant is seeking the waiver; Became registered as a dietitian by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics after meeting the examination waiver requirements of that Commission or its predecessor; or Became certified by the Board for Certification of Nutrition Specialists after meeting the examination waiver requirements of that Certification Board or its predecessor.

If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that specifies that: The applicant has qualified for a license; and On receipt of the license fee set by the Board, the Board will issue a license to the applicant. On payment of the license fee, the Board shall issue a license to any applicant who meets the requirements of this subtitle. The Board shall include on each license that the Board issues: The full name of the licensee; A serial number assigned by the Board to the licensee; and The signature of the chairman of the Board, under seal of the Board.

A license authorizes the licensee to practice dietetics while the license is effective.

Unless the license is renewed for an additional term as provided in this section, a license expires on the date set by the Board. A license may not be renewed for a term longer than 2 years. At least 1 month before the license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states: The date on which the current license expires; The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before the license expires, the licensee may renew it for an additional 2-year term, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with the continuing education requirements for license renewal set by the Board under this section. In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition to the renewal of licenses under this section. The Board shall renew the license of each licensee who meets the requirements of this section. An individual licensed before July 1, 2027, shall provide satisfactory evidence of a criminal history records check in accordance with § 5–302.1 of this title for the licensee’s first renewal after January 1, 2028.

The Board shall place a licensee on inactive status if the licensee: Submits to the Board an application for inactive status on the form required by the Board; and Pays to the Board the inactive status fee set by the Board. The Board shall reactivate the license of an individual placed on inactive status if the individual: Satisfies the continuing education requirements established by the Board; Pays to the Board a reactivation fee set by the Board; and Submits to a criminal history records check in accordance with § 5–302.1 of this subtitle. The Board, in accordance with its regulations, shall reinstate the license of an individual who failed to renew a license for any reason if the individual: Otherwise is entitled to be licensed; Satisfies the continuing education requirements established by the Board; Pays to the Board a reinstatement fee set by the Board; Applies to the Board for reinstatement of a license within 5 years after the expiration of the license; and Submits to a criminal history records check in accordance with § 5–302.1 of this subtitle. The Board may not reinstate the license of an individual who fails to apply for reinstatement of the license within 5 years after the expiration of the license. An individual who fails to apply for reinstatement of a license within 5 years after the expiration of the license may become licensed by meeting the requirements for obtaining an initial license under this title.

Each licensee shall produce a valid license when requested to do so by an existing or potential employer or client. Each licensee shall give the Board written notice of any change of address within 30 days of any change of address.

Unless the Board agrees to accept the surrender of a license, a licensed dietitian-nutritionist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee. The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.

Subject to the hearing provisions of § 5–312 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; Violates any provision of this title or any regulations adopted under this title; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional service for which the licensee is licensed and qualified to render because the individual is HIV positive; Commits fraud or deceit in the practice of dietetics; Is convicted of or pleads nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; Obtains or attempts to obtain a fee through fraud or misrepresentation; Employs any individual to practice dietetics whose license or certificate to practice a health occupation under this article has been suspended; Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, or promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation; Commits any act of unprofessional conduct, as defined by the rules and regulations of the Board, or violates the code of ethics adopted by the Board; Provides professional services while: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; Is disciplined by a licensing or disciplinary authority of any other state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, or convicted or disciplined by a court of any other state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; Practices dietetics with an unauthorized individual or supervises or aids an unauthorized individual in the practice of dietetics; Fails to file or record any report or record as required by law in the practice of dietetics, impedes or obstructs the filing or recording of the report or record, or induces another to fail to file or record the report or record; Submits a false statement to collect a fee; Is professionally, physically, or mentally incompetent; Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; Fails to cooperate with a lawful investigation conducted by the Board; or Fails to submit to a criminal history records check in accordance with § 5–302.1 of this subtitle.

If after a hearing under § 5-312 of this subtitle the Board finds that there are grounds under § 5-311 of this subtitle to suspend or revoke a license, the Board may impose a penalty not exceeding $5,000: Instead of suspending the license; or In addition to suspending or revoking the license or reprimanding the licensee. The Board shall adopt regulations to set standards for the imposition of penalties under this section. The Board shall pay any penalty collected under this section into the General Fund of the State.

Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any action under § 5-311 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it. If, without lawful excuse, a person disobeys a subpoena from the Board, an order by the Board to take any oath or to testify, or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person for contempt of court. If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter. The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 14 days before the hearing. The individual may be represented at the hearing by counsel.

Except as otherwise provided in this section for an action under § 5–311 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. Any person aggrieved by a final decision of the Board under § 5–311 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. An order of the Board may not be stayed pending review.

In this section, “dietetic rehabilitation committee” means a committee that: Is defined in subsection (b) of this section; and Performs any of the functions listed in subsection (d) of this section. For purposes of this section, a dietetic rehabilitation committee is a committee of the Board or a committee of an association representing licensed dietitian-nutritionists that: Is recognized by the Board; and Includes but is not limited to dietitian-nutritionists. A rehabilitation committee of the Board or recognized by the Board may function: Solely for the Board; or Jointly with a rehabilitation committee representing another board or boards. For purposes of this section, a dietetic rehabilitation committee evaluates and provides assistance to any dietitian-nutritionist and any other individual regulated by the Board in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. Except as otherwise provided in this subsection, the proceedings, records, and files of the dietetic rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the dietetic rehabilitation committee. Paragraph (1) of this subsection does not apply to any record or document that is considered by the dietetic rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. A person who acts in good faith and within the scope of jurisdiction of a dietetic rehabilitation committee is not civilly liable for any action as a member of the dietetic rehabilitation committee or for giving information to, participating in, or contributing to the function of the dietetic rehabilitation committee.