Section 21.701. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the content clearly indicates otherwise:

ACN—American College of Nutrition.

ADA—American Dietetic Association.

Act—The Professional Nursing Law (63 P. S. § § 211—225), which provides for the licensing of Licensed Dietitian-Nutritionists.

Approved—Approved by the Board.

Approved program—Those educational programs accredited by the Commission on Accreditation for Dietetics Education or the American Council on Education for dietetics-nutrition education.

Board—The State Board of Nursing of the Commonwealth.

CADE—Commission on Accreditation for Dietetics Education—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.

CBNS—Certification Board for Nutrition Specialists—The certification body of the ACN.

CDR—Commission on Dietetic Registration—The credentialing agency for the ADA.

CNS—Certified Nutrition Specialist—The title given to individuals who meet the requirements of the CBNS.

CPE—Continuing professional education, required by the act for biennial license renewal.

Deviate sexual intercourse—The term as defined in 18 Pa.C.S. § 3101 (relating to definitions).

Indecent contact—The term as defined in 18 Pa.C.S. § 3101.

LDN—Licensed dietitian-nutritionist—A person holding a current license under this subchapter to practice dietetics-nutrition in this Commonwealth.

Patient—A 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 relationship—The 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.

RD—Registered Dietitian—The title given to an individual who meets the requirements set forth by the CDR.

Registration Examination for Registered Dietitians—A written academic examination developed, prepared, administered and scored by the CDR.

Sexual impropriety—The term includes the following offenses:

(i) Making sexually demeaning or sexually suggestive comments about or to a patient, including comments about a patient’s body or undergarments.

(ii) Exposing a patient’s 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 LDN’s practice.

(iv) Discussing or commenting on a patient’s 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 one’s sexual problems, preferences or fantasies.

Sexual intercourse—The term as defined in 18 Pa.C.S. § 3101.

Sexual violation—The 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.