Dietitians

The Dietitians program licenses and regulates dietitians in Texas. A license is required to use the titles "Licensed Dietitian" and "Provisionally Licensed Dietitian." A license is not required to use the titles "Dietitian" or "Nutritionist."

"Dietetics" means the professional discipline of applying and integrating scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences under different health, social, cultural, physical, psychological, and economic conditions for the proper nourishment, care, and education of an individual or group throughout the life cycle to achieve and maintain human health. The term includes the development, management, and provision of nutrition services.


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News and Updates

TDLR Health Monitor – October 2020 Edition

Articles in this October 2020 edition of The Health Monitor include updates on:

  • New Training Requirements for Human Trafficking Prevention
  • 87th Texas Legislature Convenes in January
  • Virtual Midwives Educational Summit
  • Rule Amendments for Hearing Instrument Fitters & Dispensers
  • Changes to Continuing Medical Education Activity for Podiatrists

Notice of Intent to Review

Deadline for comments—November 9, 2020

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal the chapters listed below, in their entirety, contained in Title 16, Part 4, of the Texas Administrative Code. This review and consideration is being conducted in accordance with Texas Government Code §2001.039.

Business and Professionals Programs

Chapter 76, Water Well Drillers and Water Well Pump Installers.

Transportation Safety Programs

Chapter 84, Driver Education and Safety.

Business and Consumer Safety Programs

Chapter 85, Vehicle Storage Facilities.

Chapter 86, Vehicle Towing and Booting.

Medical and Health Professions Programs

Chapter 100, General Provisions for Health-Related Programs.

Chapter 110, Athletic Trainers.

Chapter 111, Speech-Language Pathologists and Audiologists.

Chapter 112, Hearing Instrument Fitters and Dispensers.

Chapter 114, Orthotists and Prosthetists.

Chapter 115, Midwives.

Chapter 116, Dietitians.

During the review, the Department will assess whether the reasons for adopting or readopting the rules in these chapters continue to exist. The Department will review each rule to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current Department procedures. This review is required every four years.

Written comments regarding the review of these chapters may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules (select the appropriate chapter name for your comment); by facsimile to (512) 475-3032; or by mail to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to the rules in these chapters as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Filed with the Office of the Secretary of State on September 30, 2020.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation

TDLR Adopts Administrative Rules

The Texas Commission of Licensing and Regulation adopted amendments to the Dietitians program rules at 16 Texas Administrative Code, Chapter 116, Subchapter A, §116.2; Subchapter C, §116.20; Subchapter E, §§116.40 and 116.42; Subchapter F, §§116.50, 116.51, and 116.53; Subchapter I, §§116.80 - 116.82; Subchapter K, §§116.100, 116.101, 116.104, and 116.105; Subchapter M, §116.120; and Subchapter O, §§116.141 and 116.142; repeal of existing rules at Subchapter C, §116.21; Subchapter D, §116.30; Subchapter J, §116.90; and Subchapter N, §§116.130 – 116.132; and new rules at Subchapter C, §116.22; and Subchapter M, §§116.121 – 116.123. The adopted rules implement HB 2847, Articles 7 and 12, and HB 2059, 86th Legislature, Regular Session (2019); implement changes recommended by the Dietitians Advisory Board Licensing Workgroup and Department staff, including streamlining the license application and renewal processes and updating various license requirements; and make terminology and other clean-up changes to the rule chapter.

The adoption justification was published in the July 24, 2020, issue of the Texas Register (45 TexReg 5185). The updated rule chapter will be made available upon its effective date of August 1, 2020.

86th Legislative Session Update

Notice to Health Care Practitioners of New Training Requirement

House Bill 2059 requires certain health care practitioners to complete a Health and Human Services Commission (HHSC) approved human trafficking prevention training course to renew their license. The bill also requires HHSC to post a list of approved courses on their website. Licensees are required to comply with the training requirements beginning September 1, 2020. For more information, visit our Human Trafficking Prevention Training for Health Care Practitioners webpage.

COVID-19: Continuing Education Waived

TDLR continuing education requirements are waived for all individual licenses expiring in March, April, and May 2020. Licensees still need to submit their renewal applications, pay the required fees, and TDLR will check their criminal histories, but they will not need to complete any TDLR-required continuing education this licensing cycle. (§51.405, Occupations Code)

Note: TDLR is not authorized to waive continuing education requirements imposed by a certifying or credentialing entity other than TDLR. If a certifying entity requires continuing education to maintain certification, and certification is required for Texas licensure, then that continuing education must be completed. If the certifying entity waives continuing education or allows it to be completed on a delayed basis due to COVID-19, then you may follow the certifying entity’s policy.

Please check the TDLR COVID-19 webpage for the most up-to-date information.

Texas Register Publishes Correction of Error

The Texas Department of Licensing and Regulation published proposed amendments to 16 TAC Chapter 116, Subchapter K, §§116.100, 116.101, 116.104 and 116.105 in the February 21, 2020, issue of the Texas Register (45 TexReg 1145, 1156). These proposed amendments relate to the Dietitians program. Due to an error by the Texas Register, the text for 16 TAC §116.101(c) was published incorrectly. The correct text of subsection (c) should be as follows:

(c) To receive a duplicate license, the [The] licensee shall submit the duplicate/replacement fee required under §116.110.

The Secretary of State published this Correction of Error in the March 6, 2020, issue of the Texas Register (45 TexReg 1738).

The Department will continue to accept comments on the proposal until March 23, 2020. The Department encourages anyone interested in the Dietitians program to review the rule proposal online. Comments may be submitted by email to erule.comments@tdlr.texas.gov.

Guidance Statement on TDI Rules Related to Senate Bill 1264

The Texas Department of Insurance (TDI) has adopted emergency rules interpreting Senate Bill (SB) 1264’s prohibitions related to “surprise billing” (or “balance billing”). This Guidance Statement is intended to provide clear information concerning SB 1264 to Texas patients, clients, and health care providers under the regulatory authority of the Texas Department of Licensing and Regulation (TDLR).

SB 1264 prohibits surprise billing, with certain exceptions. Health care providers under TDLR’s regulatory authority who seek to exercise the exceptions to SB 1264’s prohibitions against balance billing must comply with all provisions of SB 1264, including as interpreted by TDI rules. See the TDI SB 1264 webpage for additional information. SB 1264 applies to a health care or medical service or supply provided on or after January 1, 2020.

TDLR will be responsible for investigating complaints and taking disciplinary action against TDLR licensees for violations of SB 1264, including as interpreted by TDI rules. Any person who believes that a TDLR-licensed health care provider has committed a balance billing-related violation may file a complaint online with TDLR. Additionally, TDLR and TDI will work together to ensure that any complaints filed with TDI regarding TDLR licensees will be referred to TDLR and investigated.

TDLR will be working on the development of enforcement rules consistent with SB 1264 and TDI’s rules interpreting the statute. As rulemaking moves ahead, we look forward to a transparent process and engaging the public and stakeholders on this important issue.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Tropical Storm Imelda Disaster Response

On September 19, 2019 in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with Tropical Storm Imelda disaster response operations.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Tropical Storm Imelda disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the TDLR by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: recovery@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Behavior Analysts
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 Monday through Friday from 7 a.m. to 6 p.m. or email recovery@tdlr.texas.gov.

Dietitians: One Year Update

In 2015, the Texas Legislature passed Senate Bill 202, transferring the Dietitians program from the Department of State Health Services (DSHS) to the Texas Department of Licensing & Regulation (TDLR). The program transfer to TDLR took place in October 2016.

As part of our mission to deliver improved service to Texans at a lower cost, TDLR reduced the following fees for the Dietitians program:

Dietitians Previous Fee TDLR Fee $ Reduced % Reduced
License Verification Fee $25 $0 $25 100%
Reinstatement Fee $80 $0 $80 100%

We’ve also reduced processing and administrative fees for each online transaction. Thanks to these reductions, Texas Dietitians kept $3,106.50 in their pockets in their first year at TDLR. (October 2016 – September 2017)

In addition, TDLR reduced the word count in the Dietitians program administrative rules to make them clear, concise, and easier to read--without impacting their effectiveness:

Dietitians DSHS TDLR Difference % Reduced
Administrative Rules Word Count 19,481 9,524 9,957 51%

At TDLR, one of our core values is open and free communication. During this first year, 2,575 Dietitians program email subscribers were contacted 13 times (38,625 emails delivered), with information about meetings, rule changes, licensing, and more. In addition, all interested parties were invited to four public meetings of the Dietitians Advisory Board.

TDLR is delivering on our promise to promote transparency and accountability, protect the health and safety of all Texans, and eliminate unnecessary barriers to doing business.  We look forward to serving you.

Notice of Vacancy on the Dietitians Advisory Board

TDLR announces a vacancy on the Dietitians Advisory Board (Board) established by Texas Occupations Code, Chapter 701. The purpose of the Dietitians Advisory Board is to provide advice and recommendations to the Department on technical matters relevant to the administration of this chapter. This announcement is for a public member.

The Board consists of the following nine members appointed by the presiding officer of the Texas Commission of Licensing and Regulation (Commission), with the approval of the Commission:

1. six licensed dietitians, each of whom has been licensed under Chapter 701 for not less than three years before the member's date of appointment; and

In appointing dietitian members to the advisory board, the presiding officer of the commission shall attempt to maintain balanced representation among the following primary areas of expertise included in the professional discipline of dietetics:

(a) clinical;
(b) educational;
(c) management;
(d) consultation; and
(e) community.

2.  three members who represent the public.

Members serve staggered six-year terms. The terms of three members begin on September 1 of each odd-numbered year.

Interested persons should submit an application on the Department website. Applicants can also request an application from the Department by telephone (800) 803-9202 or e-mail at advisory.boards@tdlr.texas.gov.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist With Hurricane Harvey Disaster Response

On September 3, in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with disaster response operations for Hurricane Harvey.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Hurricane Harvey disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the Texas Department of Licensing and Regulation (TDLR) by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: Harvey@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 between 7:00 a.m. and 6:00 p.m. CDT or email Harvey@tdlr.texas.gov.


Advisory Board Meetings

CANCELED - Upcoming Meeting - April 30, 2020

The Dietitians Advisory Board meeting scheduled for Thursday, April 30, 2020 is canceled. When the meeting is rescheduled, the date will be posted online.

January 16, 2020

The Dietitians Advisory Board met January 16, 2020 in Austin. The agenda and staff reports (PDF) are available online. The meeting was archived and is available on TDLR's YouTube channel.