In accordance with N.C.G.S. §150B-19.1(c), the North Carolina Board of Dietetics/Nutrition (the NCBDN) hereby gives notice that it has submitted to the Office of Administrative Hearings-Rules Review Commission for publication in the July 15, 2022 North Carolina Register the notice of text for proposed rule amendments for rules 21 NCAC 17. 0101, 21 NCAC 17. 0103, 21 NCAC 17. 0104, 21 NCAC 17. 0106, 21 NCAC 17.0108, 21 NCAC 17. 0110, 21 NCAC 17. 0113, 21 NCAC 17. 0114, 21 NCAC 17. 0302, 21 NCAC 17. 0303, 21 NCAC 17. 0304, 21 NCAC 17. 0401, 21 NCAC 17. 0402, 21 NCAC 17. 0403, and repeals for 21 NCAC 17. 0201, 21 NCAC 17. 0202, and 21 NCAC 17. 0203.  No fiscal note has been prepared and no federal certifications required for any of these proposed changes. 

Explanation of the Proposed Rule Changes:

In 2018 the North Carolina Dietetics/Nutrition Practice Act was modernized via Session Law 2018-91.  Pursuant to G.S. § 150B-21.3A(d)(2), select rules were readopted in 2019 to implement some of the changes instigated by the 2018 statutory changes.  With the current proposed adoptions, amendments, and repeals, the North Carolina Board of Dietetics/Nutrition (hereinafter “the Board”) seeks to align all of its rules with the statutory authority provided in Article 25, Chapter 90, ensure clarity, streamline the application process, and ensure its ability to continue operations. 

The Board has proposed an increase in its fees.  Recognizing the Board has not increased its fees since 2003, the Board finds such increases necessary due to significant increases in legal costs related to implementing the 2018 statutory changes, a substantial rise in insurance premiums, and increases in the costs of doing business.   Since 2016, when the Board pulled from its savings to invest in an online licensure system, most application and renewal fees have been paid via credit card.  The Board has historically absorbed all credit card fees, but at an approximate cost of $13,000 for fiscal year 2021-2022, this number is no longer insignificant.  Additionally, the premium for the Board’s directors’ and officer’s policy has increased from a premium of $1,061 in 2011 to a premium of $18,519 in year 2021-2022.    As deemed necessary, the Board has also added more robust cyber insurance.  Noting the significant sum the Board is paying each year toward insurance premiums, the Board has been advised by its legal counsel that it would be prudent, at least for its directors’ and officers’ policy, to aim to self-insure.  Under its current fees, this would not be attainable, but may be attainable in eight to ten years under the proposed adopted rules.

The Board does not believe these rule changes will have a substantial economic impact as that term is defined in G.S. § 150B-21.4(b1).  In general, most of the adopted rules simply provide clarification to the licensure, complaint, and appeal processes.  Regarding direct impact of fee increases, as of the date of submission of this notice of text the Board has 3657 active licensees.  For fiscal year 2022-2023 the Board budgeted approximately 400 new licensure applicants.  Based on these numbers, the fee increases would allow the Board to bring in approximately $87,000 more in revenue in 2022-2023 through initial licensure fees and annual renewals. Although with growth in the number of licensees, the revenue impact of the proposed fee increases may rise each year, the total impact remains well below what may be deemed a “substantial economic impact.” 

The examination fee historically has not been collected by the Board, but rather, has been paid directly to Board-approved examination bodies.  The Board anticipates this will continue, and thus the examination fee increase is only made to bring this fee more in line with current rates; no revenue will be realized by the Board due to the examination fee increase.  It is rare this fee is paid as most applicants apply for licensure having already passed a Board-approved examination.

Additionally, because of the exemption for State employees found in G.S. § 90-368(5), the Board does not believe the proposed changes would require expenditure or distribution of funds subject to the State Budget Act.

In summation, in consultation with the Board for Certification of Nutrition Specialists and the Academy of Nutrition and Dietetics, the North Carolina Board of Dietetics/Nutrition has spent almost three years working to draft these rule changes.  The Board is satisfied that these adoptions, amendments, and repeals are necessary, will provide clarity, and will ensure consistency and objectivity in the licensure process better enabling the Board to achieve its mission.


Public Comments: A public hearing on the proposed rule changes will be held via virtual meeting, on September 7, 2022 at 1:00 PM.  

Written comments concerning the rules changes will be accepted through September 13, 2022, at 5:00 PM.  It is anticipated that the rule changes will be presented to the NCBDN for consideration and adoption at its September 16, 2022 meeting.

Members of the public may submit written comments on any proposed rule(s) by contacting the NCBDN’s rule-making coordinator as follows:

Charla Burill
1135 Kildaire Farm Rd., Suite 200
Cary, NC 27511
(919) 882-1776 (fax)


Select this link and PDF to view the Notice of Text, and the proposed rules.

Procedure for Subjecting a Proposed Rule to Legislative Review:

If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or email. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 984-236-1850.