Texas Register, Volume 9, Number 31, Pages 2283-2340, April 24, 1984 Page: 2,288
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those titles in any manner unless the person holds an ap-
propriate license issued under the Act.
(2) A person may not intentionally or knowing-
ly represent or imply that he or she has the title of
"registered dietitian" or use the letters "RD" or any fac-
simile of that title in any manner unless the person is
registered as a registered dietitian by the Commission on
(3) A licensed dietitian may not violate any of
the provisions of the Act or any rules adopted by the
(c) Filing of complaints.
(1) Anyone may complain to the board alleging
that a person has committed an action prohibited under
the Act or that a licensee has violated the Act or a board
(2) A person wishing to complain about a pro-
hibited act or alleged violation against a licensee or other
person shall notify the executive secretary. The initial
notification of a complaint may be in writing, by tele-
phone, or by personal visit to the executive secretary's
office. (Mailing address: 1100 West 49th Street, Austin,
Texas 78756-3183, (512) 458-7111.)
(3) Upon receipt of a complaint, the executive
secretary shall send an acknowledgment letter to the com-
plainant and the board's complaint form, herein adopt-
ed by reference, which the complainant must complete
and return to the executive secretary betore further ac-
tion can be taken If the complaint is made by a visit to
the executive secretary's office, the form may be given
to the complainant at that time; however, it must be com-
pleted and returned to the executive secretary before fur-
ther action can be taken. Copies of the complaint form
may be obtained from the Texes Department of Health,
1100 West 49th Street, Austin, Texas 78756-3183.
(4) Anonymous complaints shall be investigat-
ed by the executive secretary provided that the com-
plainant provides sufficient information.
(d) Investigation of complaints.
(1) The executive secretary and the complaint
committee of the board are responsible for handling com-
plaints. The complaint committee shall be composed of
two board members who are licensed dietitians and one
public member of the board.
(2) The executive secretary shall make the initial
Investigation and report the findings to the Complaint
(e) Complaint Committee actions.
(1) The Complaint Committee shall take one or
more of the actions described in this subsection.
(2) The committee may determine that an alle-
gation is groundless and dismiss the complaint.
(3) The committee may determine that a nonli-
censed person has committed a prohibited action under
subsetton (b) of this section If this is the person's first
prohibited action and it represents no immediate threat
to the health or safety of an individual or the public, the
committee shall attempt to resolve the complaint by re-
questing the violator to stop the action immediately. If
the violator complies, the committee will close the com-
plaint file. If the person refuses to comply, or the pro-
hibited action represents an immediate threat to health
and safety of an individual or the general public, or if
this is a second, subsequent, or repeat prohibited action,
the committee, with the concurrence of the board chair-
man, may ask the attorney general, district attorney, or
county attorney to take appropriate legal action against
the violator. Section 15(c) of the Act makes it a criminal
offense of a Class B misdemeanor if a person knowingly
or intentionally commits a prohibited action described
in subsection (b)(l)-(2) of this section.
(4) The committee may determine that a licensed
dietitian has violated the Act or a board rule. If this Is
the licensee's first violation during the annual licensing
period and it represents no immediate threat to the health
and safety of an individual or the general public, the com-
mittee shall attempt to resolve the complaint by request-
ing the violator to stop the action immediately. If the
licensee complies, the committee shall close the complaint
file. If the licensee refuses to comply, or the violation
represents an immediate threat to the health and safety
of an individual or the general public, or if the violation
is a second, subsequent, or repeat violation during the
annual licensing period, the committee mays
(A) request, with the concurrence of the board
chairman, the attorney general, or district or county at-
torney to institute a suit to take appropriate legal action;
(B) institute disciplinary action in accordance
with subsection (f) of this section.
(5) At any time during the investigation of a
complaint and prior to any court or disciplinary action
against a licensee or other person, the committee may hold
an informal conference on its own motion or at the re-
quest of the complainant or accused person to discuss the
investigation and any proposed court or disciplinary
(6) Whenever the committee dismisses a com-
plaint or closes a complaint file, the committee will give
a summary report of the final action to the board, the
complainant, and the accused party.
(f) Disciplinary actions by the Complaint Com-
(1) If the committee is unable to resolve a com-
plaint against a licensee who has violated the Act or a
board rule under subsection (e) of this section, the com-
mittee shall reprimand the licensee or initiate action to
suspend or revoke the license.
(2) The committee also may initiate action to sus-
pend or revoke a license if the licensee has been convict-
ed of a misdemeanor or felony offense under 711.1 I of
this title (relating to the Licensing of Persons with Crimi-
nal Backgrounds to Be Dietitians and Provisional Dieti-
(3) A reprimand is a written notice from the com-
mittee to the licensee that the licensee has violated the
Act or a board rule. The committee shall issue a repri-
mand when the licensee refuses a committee request to
stop committing a first violation, during the annual licens-
ing period, which represents no immediate threat to the
health and safety of an individual or the general public.
The reprimand shall include a second request from the
committee to the licensee that the violator stop the ac-
(4) The committee initiates license suspension
when the licensee refuses to comply with a reprimand re-
quest to stop the violation or when there is a second, sub-
sequent, or repeat violation, during the annual licensing
9 TexReg 2288
April 24, 1984
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Texas. Secretary of State. Texas Register, Volume 9, Number 31, Pages 2283-2340, April 24, 1984, periodical, April 24, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243584/m1/6/: accessed May 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.