Current through Register Vol. 35, No. 18, September 24, 2024
A. Education requirements: Each applicant for
a license as a nutritionist must have one of the following:
(1) master's degree or doctorate in human
nutrition, nutrition education, foods and nutrition, or public health nutrition
from a college or university accredited by a member of the council on
post-secondary accreditation; or
(2) valid current evidence of membership in
one of the following organizations: American clinical board of nutrition or
American society for nutrition.
B. Additional requirements:
(1) pass an examination related to entry
level nutrition practice and nutrition care services which has been approved by
the board; or
(2) be licensed in
another state which has standards for licensure not less stringent than those
in New Mexico.
C.
Documentation: Each applicant for license to practice as a nutritionist must
submit the required fees and following documentation:
(1) completed and signed
application;
(2) official
transcript verifying degree required in Paragraph (1) of Subsection A of
16.14.3.9 NMAC, mailed directly from the college or university; or
(3) proof of membership in the organizations
specified in Paragraph (2) of Subsection A of 16.14.3.9 NMAC;
(4) applicants who are currently, or have
previously been, licensed in another state(s) must provide a copy of each
license and a verification of license status directly to the board from the
state(s) where licensed;
(5) a
background check shall be conducted within past 90 days for initial licenses
only
D. Disqualifying
convictions: Conviction by a court of competent jurisdiction of any of the
following potentially disqualifying felony criminal convictions:
(1) homicide, involuntary or voluntary
manslaughter;
(2) manufacturing of
controlled substances, trafficking in controlled substances or distribution of
controlled substances, driving while under the influence of drugs or
intoxicating liquor;
(3)
kidnapping, false imprisonment, simple assault, simple battery, aggravated
assault or aggravated battery or domestic violence offenses;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(5) crimes
involving adult/elder abuse, neglect, endangerment or financial
exploitation;
(6) crimes involving
child abuse or neglect, child endangerment;
(7) crimes involving robbery, larceny,
extortion, burglary, tampering with evidence or receiving stolen
property;
(8) crimes involving
fraud (including but not limited to insurance, medicare, medicaid and
prescription), forgery, embezzlement, credit card fraud or misappropriation of
funds.
E. Other
convictions: This includes a conviction of an offense which, if committed in
this state, would be deemed a felony under either state or federal law, without
regard to its designation elsewhere. The term "conviction" shall include a
finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in
a criminal proceeding, regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon or an appeal of the conviction has
been sought.
F. Mental competency:
Having been declared mentally incompetent by a regularly constituted authority
within or outside this state.
(1) Any such
adjudication shall be grounds for suspension of the license of any such person
and shall prevent the reissuance or renewal of any license so suspended for as
long as the adjudication of incompetence is in effect unless the board, upon a
finding that the licensee is mentally competent, orders otherwise.
(2) Any applicant who has been so adjudged to
be mentally incompetent shall not receive a license unless the board, upon a
finding that the applicant is mentally competent, orders otherwise
G. Scope of conduct: Nothing in
this rule prevents the board from denying an application or disciplining a
licensee on the basis of an individual's conduct to the extent that such
conduct violated the Nutrition and Dietetics Act, regardless of whether the
individual was convicted of a crime for such conduct or whether the crime for
which the individual was convicted is listed as one of the potentially
disqualifying felony criminal convictions listed in Subsection A of this
rule.
H. Prohibited disclosure: In
connection with an application for licensure or licensure renewal, the board
shall not use, distribute, disseminate or admit into evidence at an
adjudicatory proceeding any criminal records of any of the following:
(1) an arrest not followed by a valid
conviction;
(2) a conviction that
has been sealed, dismissed, expunged or sealed;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than the
potentially disqualifying felony criminal convictions listed in Subsection A of
this rule.
I. Notice and
hearing: If the board reserves approval of an applicant or licensee due to a
potentially disqualifying felony criminal conviction, the applicant/licensee
will receive notice and opportunity for a hearing.
