§ 21.701. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the content clearly indicates otherwise:
ACENDAccreditation Council for Education in Nutrition and Dietetics The organization recognized by the Council on Higher Education Accreditation and the United States Department of Education as the accrediting agency for education programs that prepare individuals for the practice of dietetics-nutrition.
ACNAmerican College of Nutrition.
ANDAcademy of Nutrition and Dietetics.
ActThe Professional Nursing Law (63 P.S. § § 211225.5), which provides for the licensing of Licensed Dietitian-Nutritionists.
ApprovedApproved by the Board.
Approved programThose educational programs accredited by ACEND or the American Council on Education for dietetics-nutrition education.
BoardThe State Board of Nursing of the Commonwealth.
CBNSCertification Board for Nutrition SpecialistsThe certification body of the ACN.
CDRCommission on Dietetic RegistrationThe credentialing agency for the AND.
CNSCertified Nutrition SpecialistThe title given to individuals who meet the requirements of the CBNS.
CPEContinuing professional education, required by the act for biennial license renewal.
Deviate sexual intercourseThe term as defined in 18 Pa.C.S. § 3101 (relating to definitions).
Indecent contactThe term as defined in 18 Pa.C.S. § 3101.
LDNLicensed dietitian-nutritionistA person holding a current license under this subchapter to practice dietetics-nutrition in this Commonwealth.
PatientA person upon whom or with whom an LDN is practicing dietetics-nutrition, including a client. For purposes of § 21.704 (relating to matters related to allegations of sexual impropriety or violation), any conduct prohibited with a patient is also prohibited with an immediate family member or spouse of a patient.
Professional relationshipThe relationship through which a licensed dietitian-nutritionist provides professional food and nutrition services to a patient. The relationship continues, for purposes of § 21.704, for 30 days after termination of professional services by either the licensed dietitian-nutritionist or the patient.
RDRegistered DietitianThe title given to an individual who meets the requirements set forth by the CDR.
Registration Examination for Registered DietitiansA written academic examination developed, prepared, administered and scored by the CDR.
Sexual improprietyThe term includes the following offenses:
(i) Making sexually demeaning or sexually suggestive comments about or to a patient, including comments about a patients body or undergarments.
(ii) Exposing a patients body or watching a patient dress or undress, unless the patient specifically requests assistance.
(iii) Examining or touching the body of a patient except in the appropriate performance of the LDNs practice.
(iv) Discussing or commenting on a patients sexual history, preference or performance during consultation, except when the consultation is pertinent to the issue of sexual function or dysfunction or reproductive healthcare.
(v) Soliciting or accepting a date from a patient.
(vi) Discussing information about ones sexual problems, preferences or fantasies.
Sexual intercourseThe term as defined in 18 Pa.C.S. § 3101.
Sexual violationThe term includes the following offenses:
(i) Engaging in sexual intercourse, indecent contact or deviate sexual intercourse with a patient during the professional relationship.
(ii) Encouraging the patient to masturbate in the presence of the dietitian-nutritionist or masturbating while a patient is present.
(iii) Providing or offering to provide drugs, herbs, nutritional supplements or treatment in exchange for indecent contact, sexual intercourse or deviate sexual intercourse.
(iv) Using or causing the use of any herb, nutritional supplement or drug affecting consciousness for the purpose of engaging in conduct that would constitute a sexual impropriety or sexual violation.
The provisions of this § 21.701 amended under section 2.1(k) of The Professional Nursing Law (63 P.S. § 212.1(k)).
The provisions of this § 21.701 amended December 16, 2016, effective December 17, 2016, 46 Pa.B. 7822. Immediately preceding text appears at serial pages (378862) and (346621) to (346622).
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