HTTP://WWW.EATRIGHTPRO.ORG/RESOURCE/ABOU T-US/WHAT-IS-ANRDN-AND-DTR/WHAT-IS-A-REGISTERED -DIETITIANNUTRITIONIST/EVERY -REGISTERED -DIETITIAN -IS-A-NUTRITIONIST -BUTNOT-EVERY-NUTRITIONIST-IS-A-REGISTERED -DIETITIAN
QUESTION 1
Volunteering with your professional organization is one of the best ways to network and give back to your
profession.
Visit this link to learn about volunteer opportunities with the Academy of Nutrition and
Dietetics. http://www.eatrightpro.org/resources/leadership/volunteering/volunteer-opportunities (copy and
paste the link into a new window if clicking it does not work)
For this essay, choose one of the outlined volunteer opportunties, and summarize it here:
What is the opportunity, and why does it interest you? Would you see yourself doing this type of
volunteering in your future career?
Make sure your answer is at least 50 words, for full credit.
QUESTION 2
All Registered Dietitians must begin using the RDN credential after their name, instead of the RD credential.
True
False
QUESTION 3
What does the new credential "RDN" stand for?
QUESTION 4
The RDN credential has a slightly different meaning than the RD credential, indicating that the RDN
practitioner has received additional training.
True
False
QUESTION 5
If you earn the DTR credential after you graduate from the DPD program, you will have the choice to use any
of the following credentials: DTR, NDTR, BS-DTR, or BS-NDTR.
True
False
QUESTION 6
A DTR hands out information to patients on the dangers of aspartame, taken directly from a website
called "banaspartame.com". The information provided is not backed up with references from scientific
journals. This is an example of a violation of this Code of Ethics:
1. #3
#7
#12
#15
QUESTION 7
By accepting membership in the Academy of Nutrition and Dietetics, and/or accepting and maintaining RD or
DTR credentials, all members of the Academy and credentialed dietetics practitioners agree to abide by the
Code of Ethics.
True
False
QUESTION 8
A dietitian is paid by the Dairy Council to do a local news segment on "the best smoothies", but she does not
mention that she is representing the Dairy Council. This is a violation of this Code of Ethics:
#3
#10
#12
#15
QUESTION 9
A nutrition researcher, who is a member of the Academy, secures funding from a large food corporation to
build a new state-of-the-art research facility. This may be a violation of this Code of Ethics:
1.
#12
#17
#18
#19
QUESTION 10
A DTR is currently struggling with an addiction to prescription painkillers. She continues to work, while
actively under the influence of the medications. This is a violation of this Code of Ethics:
1.
#5
#6
#7
#9
QUESTION 11
A newly graduated dietetics student plans to take the DTR exam. In the meantime, the student has a job with a
long-term care facility, and she signs her name as "DTR-e", to stand for DTR eligible. This is a violation of
this Code of Ethics:
1.
#12
#17
#18
#19
QUESTION 12
A dietetics professional advertises for his new weight loss program, promising "results while you sleep!" This
would be an example of a violation of which Code of Ethics?
1.
#4
#6
#9
#16
QUESTION 13
A dietitian discusses a client's eating disorder with a nurse while standing at the front check-in desk at a
community clinic, revealing personal information that the client confided while in session with the RD. This
is a violation of this Code of Ethics:
1.
#4
#10
#12
#18
QUESTION 14
An RD finds out that a client is suffering from severe depression. The RD proceeds to counsel the client on
her depression. This is an example of a violation of this Code of Ethics:
1.
#18
#15
#10
#8
QUESTION 15
A complaint that a member or credentialed dietetics practitioner has allegedly violated the Code of Ethics for
the Profession of Dietetics can only be submitted by another member of the Academy or credentialed dietetics
professional.
True
False
QUESTION 16
A dietitian allows a local school foodservice to use his name as the "reviewing RD" on the school menus, but
the RD never actually reviews the menus. This is an example of this violation of the Code of Ethics:
1.
#16
#15
#9
#7
QUESTION 17
An RD counsels a new mother on breastfeeding her infant, but refuses to answer the mother's questions about
choosing the best infant formula for her baby, stating that she does not believe babies should be formula
fed. This is an example of a violation of this Code of Ethics:
1.
#9
#15
#17
#19
QUESTION 18
An RD in private practice refuses to take patients who are openly homosexual. This would be a violation
of which item in the Code of Ethics?
1.
#5
#7
#14
#18
QUESTION 19
Go to this website to find "Ethics in Action" Columns: http://www.eatrightpro.org/resource/career/code-ofethics/ethics-education-resources/ethics-reading-list
Choose the "Ethical Issues for Students" article, open it and read the scenarios. Summarize what Scenario #4
discusses, and why it is likely an ethical violation.
QUESTION 20
Go to this website to find "Ethics in Action" Columns: http://www.eatrightpro.org/resource/career/code-ofethics/ethics-education-resources/ethics-reading-list
Choose the "Ethical and Legal Issues Related to Blogging and Social Media" article, open it and read the
ethical scenarios. Summarize what Scenario #2 discusses. and what you should do to be ethical in this
situation.
QUESTION 21
1. Go to this website to find "Ethics in Action" Columns: http://www.eatrightpro.org/resource/career/code-ofethics/ethics-education-resources/ethics-reading-list
Choose one more article you find interesting or useful, that was not used in the two previous
questions. What is the title of the article, and why do you find this interesting or useful?
QUESTION 1
Volunteering with your professional organization is one of the best ways to network and give back to your
profession.
Visit this link to learn about volunteer opportunities with the Academy of Nutrition and
Dietetics. http://www.eatrightpro.org/resources/leadership/volunteering/volunteer-opportunities (copy and
paste the link into a new window if clicking it does not work)
For this essay, choose one of the outlined volunteer opportunties, and summarize it here:
What is the opportunity, and why does it interest you? Would you see yourself doing this type of
volunteering in your future career?
Make sure your answer is at least 50 words, for full credit.
QUESTION 2
All Registered Dietitians must begin using the RDN credential after their name, instead of the RD credential.
True
False
QUESTION 3
What does the new credential "RDN" stand for?
QUESTION 4
The RDN credential has a slightly different meaning than the RD credential, indicating that the RDN
practitioner has received additional training.
True
False
QUESTION 5
If you earn the DTR credential after you graduate from the DPD program, you will have the choice to use any
of the following credentials: DTR, NDTR, BS-DTR, or BS-NDTR.
True
False
QUESTION 6
A DTR hands out information to patients on the dangers of aspartame, taken directly from a website
called "banaspartame.com". The information provided is not backed up with references from scientific
journals. This is an example of a violation of this Code of Ethics:
1. #3
#7
#12
#15
QUESTION 7
By accepting membership in the Academy of Nutrition and Dietetics, and/or accepting and maintaining RD or
DTR credentials, all members of the Academy and credentialed dietetics practitioners agree to abide by the
Code of Ethics.
True
False
QUESTION 8
A dietitian is paid by the Dairy Council to do a local news segment on "the best smoothies", but she does not
mention that she is representing the Dairy Council. This is a violation of this Code of Ethics:
#3
#10
#12
#15
QUESTION 9
A nutrition researcher, who is a member of the Academy, secures funding from a large food corporation to
build a new state-of-the-art research facility. This may be a violation of this Code of Ethics:
1.
#12
#17
#18
#19
QUESTION 10
A DTR is currently struggling with an addiction to prescription painkillers. She continues to work, while
actively under the influence of the medications. This is a violation of this Code of Ethics:
1.
#5
#6
#7
#9
QUESTION 11
A newly graduated dietetics student plans to take the DTR exam. In the meantime, the student has a job with a
long-term care facility, and she signs her name as "DTR-e", to stand for DTR eligible. This is a violation of
this Code of Ethics:
1.
#12
#17
#18
#19
QUESTION 12
A dietetics professional advertises for his new weight loss program, promising "results while you sleep!" This
would be an example of a violation of which Code of Ethics?
1.
#4
#6
#9
#16
QUESTION 13
A dietitian discusses a client's eating disorder with a nurse while standing at the front check-in desk at a
community clinic, revealing personal information that the client confided while in session with the RD. This
is a violation of this Code of Ethics:
1.
#4
#10
#12
#18
QUESTION 14
An RD finds out that a client is suffering from severe depression. The RD proceeds to counsel the client on
her depression. This is an example of a violation of this Code of Ethics:
1.
#18
#15
#10
#8
QUESTION 15
A complaint that a member or credentialed dietetics practitioner has allegedly violated the Code of Ethics for
the Profession of Dietetics can only be submitted by another member of the Academy or credentialed dietetics
professional.
True
False
QUESTION 16
A dietitian allows a local school foodservice to use his name as the "reviewing RD" on the school menus, but
the RD never actually reviews the menus. This is an example of this violation of the Code of Ethics:
1.
#16
#15
#9
#7
QUESTION 17
An RD counsels a new mother on breastfeeding her infant, but refuses to answer the mother's questions about
choosing the best infant formula for her baby, stating that she does not believe babies should be formula
fed. This is an example of a violation of this Code of Ethics:
1.
#9
#15
#17
#19
QUESTION 18
An RD in private practice refuses to take patients who are openly homosexual. This would be a violation
of which item in the Code of Ethics?
1.
#5
#7
#14
#18
QUESTION 19
Go to this website to find "Ethics in Action" Columns: http://www.eatrightpro.org/resource/career/code-ofethics/ethics-education-resources/ethics-reading-list
Choose the "Ethical Issues for Students" article, open it and read the scenarios. Summarize what Scenario #4
discusses, and why it is likely an ethical violation.
QUESTION 20
Go to this website to find "Ethics in Action" Columns: http://www.eatrightpro.org/resource/career/code-ofethics/ethics-education-resources/ethics-reading-list
Choose the "Ethical and Legal Issues Related to Blogging and Social Media" article, open it and read the
ethical scenarios. Summarize what Scenario #2 discusses. and what you should do to be ethical in this
situation.
QUESTION 21
1. Go to this website to find "Ethics in Action" Columns: http://www.eatrightpro.org/resource/career/code-ofethics/ethics-education-resources/ethics-reading-list
Choose one more article you find interesting or useful, that was not used in the two previous
questions. What is the title of the article, and why do you find this interesting or useful?
NDTR Credential: Frequently Asked Questions -DPD Program
Graduates
August 2014
What is the new optional NDTR credential?
The Academy of Nutrition and Dietetics’ Board of Directors has approved the
optional use of the credential “Nutrition and Dietetics Technician, Registered”
(NDTR) by Didactic Program in Dietetics (DPD) graduates who successfully
complete DTR Pathway III which requires Completion of a Baccalaureate
degree granted by a U.S. regionally accredited college/university, or foreign
equivalent, and completion of an DPD. After successfully passing the NDTR
exam, credentialed individuals will be required to comply with CDR
recertification requirements, the Code of Ethics for the Profession of Dietetics
and the Standards of Practice.
In 2015, CDR will conduct a practice audit to differentiate practice parameters
of NDTRs (DTRs) and RDNs. The results will provide valuable information
about evolving practice roles to inform future deliberations on title, practice
role and examination for NDTRs.
More information on the NDTR credential will be made available as it is
developed. All members and students who are interested in the NDTR
credential should visit
http://www.cdrnet.org/certifications/registration-eligibility-requirements-fordietetic-technicians.
This credentialing model follows the nursing model (the RN examination is
open to AS, BS, and MS prepared individuals). Individuals who have earned
the DTR credential could choose to retain this credential or adopt the NDTR;
those with the four year degree likewise could choose BS-DTR or BS-NDTR.
Why is the Academy offering the optional Nutrition and Dietetics
Technician, Registered credential?
The Board supports this new credentialing option to build upon the existing
DTR Pathway III and differentiate between degree levels to obtain the
credential Nutrition and Dietetics Technician, Registered (PhD, MS, BS or
AS-NDTR). The NDTR provides several advantages, including:
• maintaining the integrity of current professional designations (RDN,
RD, NDTR, DTR)
providing a timely opportunity for eligible DPD graduates to become
certified and to remain connected to the Academy, and
• allowing the Academy to collect and analyze data on the utilization and
practice roles of NDTRs.
There is an increased awareness of the Academy’s role as a key organization
in food and nutrition by media, government agencies, allied health
organizations and consumers. For instance, the Academy has noted an
increase in the number of media impressions (print, broadcast and electronic)
from the Academy’s media outreach activities. Twenty billion media
impressions were obtained in 2011, prior to the Academy’s name change;
contrasted with 30 billion impressions after the name change from the
American Dietetic Association to the Academy of Nutrition and Dietetics
during the first six months of 2012 alone.
This provides additional rationale for the incorporation of the word “nutrition”
into the DTR credential resulting in the optional NDTR credential.
I am not currently a NDTR, how do I find more information about
obtaining the NDTR credential?
Please visit the CDR website at www.cdrnet.org/certifications/registrationeligibility-requirements for-dietetic-technicians or contact CDR at 1-800-8771600 ext. 4764 or ext. 4781.
Does the NDTR have a different meaning than the DTR credential?
No. The DTR and NDTR credential have identical meanings and legal
trademark definitions.
How should the new credential be used for signatures and materials such
as business cards?
Refer to the credential placement guidelines available at the following link
https://www.cdrnet.org/vault/2459/web/files/CredentialPlacementGuidelines.p
df
Will the CDR registration ID card include NDTR credential?
Yes. Effective September 1, 2014 all registration ID cards for newly
credentialed NDTRs will reflect both the NDTR and DTR credentials.
How does the new NDTR credential fit into the Academy’s ongoing
branding and marketing efforts?
The Academy is modifying its existing branding marketing efforts to
strengthen and differentiate the NDTR.
from the association
American Dietetic Association/Commission on Dietetic
Registration Code of Ethics for the Profession of
Dietetics and Process for Consideration of Ethics Issues
PREAMBLE
The American Dietetic Association
(ADA) and its credentialing agency,
the Commission on Dietetic Registration (CDR), believe it is in the best
interest of the profession and the public it serves to have a Code of Ethics
in place that provides guidance to dietetics practitioners in their professional practice and conduct. Dietetics
practitioners have voluntarily adopted
this Code of Ethics to reflect the values
(Figure) and ethical principles guiding
the dietetics profession and to set forth
commitments and obligations of the
dietetics practitioner to the public,
clients, the profession, colleagues, and
other professionals. The current Code of
Ethics was approved on June 2, 2009,
by the ADA Board of Directors, House
of Delegates, and the Commission on
Dietetic Registration.
APPLICATION
The Code of Ethics applies to the following practitioners:
(a) In its entirety to members of ADA
who are Registered Dietitians (RDs)
or Dietetic Technicians, Registered
(DTRs);
(b) Except for sections dealing solely
with the credential, to all members
of ADA who are not RDs or DTRs;
and
(c) Except for aspects dealing solely
with membership, to all RDs and
DTRs who are not members of ADA.
All individuals to whom the Code applies are referred to as “dietetics practitioners,” and all such individuals who
are RDs and DTRs shall be known as
“credentialed practitioners.” By accepting membership in ADA and/or accept0002-8223/09/10908-0018$36.00/0
doi: 10.1016/j.jada.2009.06.002
ing and maintaining CDR credentials,
all members of ADA and credentialed
dietetics practitioners agree to abide by
the Code.
PRINCIPLES
Fundamental Principles
1. The dietetics practitioner conducts himself/herself with honesty, integrity, and fairness.
2. The dietetics practitioner supports and promotes high standards of professional practice.
The dietetics practitioner accepts the obligation to protect
clients, the public, and the profession by upholding the Code
of Ethics for the Profession of
Dietetics and by reporting perceived violations of the Code
through the processes established by ADA and its credentialing agency, CDR.
Responsibilities to the Public
3. The dietetics practitioner considers the health, safety, and
welfare of the public at all times.
The dietetics practitioner will
report inappropriate behavior or
treatment of a client by another
dietetics practitioner or other
professionals.
4. The dietetics practitioner complies with all laws and regulations applicable or related to
the profession or to the practitioner’s ethical obligations as
described in this Code.
a. The dietetics practitioner must
not be convicted of a crime under the laws of the United
States, whether a felony or a
misdemeanor, an essential element of which is dishonesty.
© 2009 by the American Dietetic Association
b. The dietetics practitioner must
not be disciplined by a state for
conduct that would violate one
or more of these principles.
c. The dietetics practitioner must
not commit an act of misfeasance or malfeasance that is directly related to the practice of
the profession as determined by
a court of competent jurisdiction, a licensing board, or an
agency of a governmental body.
5. The dietetics practitioner provides professional services with
objectivity and with respect for
the unique needs and values of
individuals.
a. The dietetics practitioner does
not, in professional practice,
discriminate against others on
the basis of race, ethnicity,
creed, religion, disability, gender, age, gender identity, sexual orientation, national origin,
economic status, or any other
legally protected category.
b. The dietetics practitioner provides services in a manner that is
sensitive to cultural differences.
c. The dietetics practitioner does
not engage in sexual harassment in connection with professional practice.
6. The dietetics practitioner does
not engage in false or misleading practices or communications.
a. The dietetics practitioner does
not engage in false or deceptive advertising of his or her
services.
b. The dietetics practitioner promotes or endorses specific goods
or products only in a manner
that is not false and misleading.
c. The dietetics practitioner provides accurate and truthful information in communicating
with the public.
Journal of the AMERICAN DIETETIC ASSOCIATION
1461
ADA values
Principles
Customer Focus: Meets the needs and exceeds
expectations of internal and external customers
Integrity: Acts ethically with accountability for life-long
learning and commitment to excellence
#5, #9
Innovation: Embraces change with creativity and strategic
thinking
Social Responsibility: Makes decisions with consideration
for inclusivity as well as environmental, economic, and
social implications
#1, #2, #4, #5, #6, #7,
#10, #11, #12, #13,
#17, #18
#3, #8, #9, #11, #13,
#14, #15, #16, #17,
#18, #19
Figure. Alignment of American Dietetic Association (ADA) Values to the Principles of the Code of
Ethics for the Profession of Dietetics.
7. The dietetics practitioner withdraws from professional practice when unable to fulfill his
or her professional duties and
responsibilities to clients and
others.
a. The dietetics practitioner withdraws from practice when he/
she has engaged in abuse of a
substance such that it could affect his or her practice.
b. The dietetics practitioner ceases
practice when he or she has been
adjudged by a court to be mentally incompetent.
c. The dietetics practitioner will
not engage in practice when
he or she has a condition that
substantially impairs his or
her ability to provide effective
service to others.
Responsibilities to Clients
8. The dietetics practitioner recognizes and exercises professional judgment within the limits of his or her qualifications
and collaborates with others,
seeks counsel, or makes referrals as appropriate.
9. The dietetics practitioner treats
clients and patients with respect and consideration.
a. The dietetics practitioner provides sufficient information to
enable clients and others to
make their own informed decisions.
b. The dietetics practitioner respects the client’s right to make
decisions regarding the recommended plan of care, including
consent, modification, or refusal.
10. The dietetics practitioner protects confidential information
1462
August 2009 Volume 109 Number 8
and makes full disclosure about
any limitations on his or her
ability to guarantee full confidentiality.
11. The dietetics practitioner, in
dealing with and providing
services to clients and others,
complies with the same principles set forth above in “Responsibilities to the Public”
(Principles #3-7).
Responsibilities to the Profession
12. The dietetics practitioner practices dietetics based on evidence-based principles and current information.
13. The dietetics practitioner presents reliable and substantiated
information and interprets controversial information without
personal bias, recognizing that
legitimate differences of opinion exist.
14. The dietetics practitioner assumes a life-long responsibility
and accountability for personal
competence in practice, consistent with accepted professional
standards, continually striving
to increase professional knowledge and skills and to apply
them in practice.
15. The dietetics practitioner is
alert to the occurrence of a
real or potential conflict of
interest and takes appropriate action whenever a conflict
arises.
a. The dietetics practitioner makes
full disclosure of any real or perceived conflict of interest.
b. When a conflict of interest cannot be resolved by disclosure,
the dietetics practitioner takes
such other action as may be necessary to eliminate the conflict,
including recusal from an office,
position, or practice situation.
16. The dietetics practitioner permits the use of his or her name
for the purpose of certifying
that dietetics services have
been rendered only if he or she
has provided or supervised the
provision of those services.
17. The dietetics practitioner accurately presents professional
qualifications and credentials.
a. The dietetics practitioner, in
seeking, maintaining, and using credentials provided by
CDR, provides accurate information and complies with all
requirements imposed by CDR.
The dietetics practitioner uses
CDR-awarded credentials (“RD”
or “Registered Dietitian”; “DTR”
or “Dietetic Technician, Registered”; “CS” or “Certified Specialist”; and “FADA” or “Fellow of
the American Dietetic Association”) only when the credential is
current and authorized by CDR.
b. The dietetics practitioner does
not aid any other person in violating any CDR requirements,
or in representing himself or
herself as CDR-credentialed
when he or she is not.
18. The dietetics practitioner does
not invite, accept, or offer gifts,
monetary incentives, or other
considerations that affect or
reasonably give an appearance of affecting his/her professional judgment.
Clarification of Principle:
a. Whether a gift, incentive, or
other item of consideration
shall be viewed to affect, or
give the appearance of affecting, a dietetics practitioner’s
professional judgment is dependent on all factors relating
to the transaction, including
the amount or value of the
consideration, the likelihood
that the practitioner’s judgment will or is intended to be
affected, the position held by
the practitioner, and whether
the consideration is offered or
generally available to persons
other than the practitioner.
b. It shall not be a violation of
this principle for a dietetics
practitioner to accept compensation as a consultant or employee or as part of a research
grant or corporate sponsorship program, provided the relationship is openly disclosed
and the practitioner acts with
integrity in performing the
services or responsibilities.
c. This principle shall not preclude a dietetics practitioner
from accepting gifts of nominal value, attendance at educational programs, meals in
connection with educational
exchanges of information, free
samples of products, or similar items, as long as such
items are not offered in exchange for or with the expectation of, and do not result in,
conduct or services that are
contrary to the practitioner’s
professional judgment.
d. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that
the dietetics practitioner’s
ability to carry out professional responsibilities with integrity, impartiality, and competence is impaired.
Responsibilities to Colleagues and Other
Professionals
19. The dietetics practitioner demonstrates respect for the values,
rights, knowledge, and skills of
colleagues and other professionals.
a. The dietetics practitioner does
not engage in dishonest, misleading, or inappropriate business practices that demonstrate a disregard for the
rights or interests of others.
b. The dietetics practitioner provides objective evaluations of
performance for employees and
coworkers, candidates for employment, students, professional association memberships, awards, or scholarships,
making all reasonable efforts to
avoid bias in the professional
evaluation of others.
PROCESS FOR CONSIDERATION OF
ETHICS ISSUES
In accordance with ADA’s Code of
Ethics, a process has been established
for consideration of ethics issues. This
process defines the procedure for review of and response to ethics complaints, including hearings, disciplinary action, and appeals. The process
was approved on June 2, 2009, by the
ADA Board of Directors, the House of
Delegates, and the Commission on
Dietetic Registration.
Committee
A three (3)-person committee, comprised of members of ADA and/or CDRcredentialed practitioners, will be appointed to handle all ethics matters.
One person will be appointed each year
by the president-elect of ADA, the
chairperson of CDR, or the speakerelect of the House of Delegates (based
on the expired term). Terms of office
will be for three (3) years. Terms will be
staggered to allow for continuity. The
chairship will rotate among the three
(3) committee members. The chairship
will be awarded to the person moving
into the third year of the three (3)-year
term of office.
The Committee will have authority
to consult with subject experts as necessary to conduct its business. The
Committee may perform such other
educational activities as might be
necessary to assist members and credentialed practitioners to understand
the Code of Ethics.
Ethics Opinions
The Committee may issue opinions on
ethics issues under the Code of Ethics
on its own initiative or in response to a
member’s or credentialed practitioner’s
request. These opinions will be available to members and credentialed practitioners to guide their conduct, and
will also be available to the public. Situations may be factual or hypothetical,
but no names will be disclosed.
Ethics Cases
Preamble. The enforcement procedures
are intended to permit a fair resolution
of disputes on ethical practices in a
manner that protects the rights of individuals while promoting understanding and ethical practice. The Ethics
Committee has the authority and flexibility to determine the best way to resolve a dispute, including educational
means where appropriate.
1. Complaint
A complaint that a member or
credentialed practitioner has allegedly violated the Code of Ethics for the Profession of Dietetics
must be submitted in writing on
the appropriate form to the Ethics Committee.
The complaint must be made
within one (1) year of the date that
the complainant (person making
complaint) first became aware of
the alleged violation or within one
(1) year from the issuance of a final
decision in an administrative, licensure board, or judicial action involving the facts asserted in the
complaint.
The complainant need not be a
member of ADA nor a practitioner credentialed by CDR.
The complaint must contain details on the activities complained
of; the basis for complainant’s
knowledge of these activities;
names, addresses, and telephone
numbers of all persons involved
or who might have knowledge of
the activities; and whether the
complaint has been submitted to
a court, an administrative body,
or a state licensure board. The
complaint must also cite the section(s) of the Code of Ethics for
the Profession of Dietetics allegedly violated.
The complaint must be signed
and sworn to by the complainant(s).
2. Preliminary Review of Complaint
The chair of the Ethics Committee, legal counsel for ADA, and appropriate staff will review the complaint to determine whether all the
required information has been submitted by the complainant and
whether an ethics question is involved.
If a complaint is made regarding
an alleged violation of the Code of
Ethics for the Profession of Dietetics and a similar complaint is already under consideration regarding the same individual by a state
licensure board of examiners, an
administrative body, or a court of
law, the Ethics Committee will not
process the complaint until a final
decision has been issued.
3. Response
If the preliminary review determines that the process should
proceed, the ADA staff or chair of
August 2009 ● Journal of the AMERICAN DIETETIC ASSOCIATION
1463
the Ethics Committee will notify
the respondent (person against
whom the complaint is made)
that a complaint has been made.
The notice will be sent from the
staff via certified mail, return-receipt requested. The respondent
will be sent a copy of the complaint, the Code of Ethics for the
Profession of Dietetics, the Review Process, and the Response to
Complaint form.
The respondent will have thirty
(30) days from receipt of the notification in which to submit a response. The response must be
signed and sworn to by the respondent(s).
If the Ethics Committee does
not receive a response, the chair
of the Ethics Committee or his or
her designee will contact the respondent by telephone. If contact
with the respondent is still not
made, a written notice will be
sent. Failure to reach the respondent will not prevent the Committee from proceeding with the
investigation.
The response submitted to the
Ethics Committee by the respondent, may, upon request by the
complainant, be provided to the
complainant following the decision of the Committee.
4. Ethics Committee Review
The chair of the Ethics Committee will add the complaint and response to the Committee’s agenda,
after consultation with legal counsel and appropriate staff. The complaint and the response will be reviewed by the Ethics Committee.
The Committee has broad discretion to determine how to proceed, including, but not limited to,
dismissing the complaint, requesting further information from the
parties, resolving the case through
educational activities, holding a
hearing as specified hereafter, or in
any other way deemed advisable.
The Committee may use experts to
assist it in reviewing the complaint
and response and determining further action.
At the appropriate time, the
Ethics Committee will notify the
complainant and the respondent of
its decision, which may include the
Committee’s preliminary opinion
with a request that the respondent
take certain actions, including, but
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August 2009 Volume 109 Number 8
not limited to, successful completion of continuing professional education in designated areas, or supervised practice based on the
terms to be set forth by the Committee.
The Ethics Committee may also
recommend appropriate remedial
action to the parties, which if undertaken, would resolve the matter.
The Ethics Committee may recommend, in its discretion, that a
hearing be held subject to the
other provisions of these procedures.
5. Licensure Board Action or Final
Judicial or Administrative Action
When the Ethics Committee is
informed by a state licensure
body that a person subject to the
Code of Ethics for the Profession
of Dietetics has had his or her
license suspended or revoked for
reasons covered by the Code, the
Committee may take appropriate
disciplinary action without a formal hearing.
When a person has been finally
adjudged or has admitted to committing a misdemeanor or felony
as specified in Principle 4 of the
Code, the Committee may take
appropriate disciplinary action
without a formal hearing.
6. Hearings
A. General
Hearings shall be held as
determined by the Ethics
Committee under the following guidelines.
Hearing dates will be established by the chairman of the
Ethics Committee. All hearings will be held in Chicago,
IL.
The Ethics Committee will
notify the respondent and the
complainant by certified mail,
return-receipt requested, of
the date, time, and place of
the hearing.
The respondent may request a copy of the file on the
case and will be allowed at
least one postponement, provided the request for postponement is received by ADA
at least fourteen (14) days before the hearing date.
B. Conduct of Hearings
The chair of the Ethics Committee will conduct a hearing
with appropriate staff and legal counsel present. Individuals who have no conflict of interest will be appointed.
In the event that any Ethics
Committee member cannot
serve on the hearing panel for
any reason, a replacement will
be appointed by the representative of the original body that
made the appointment, either
the ADA president, the CDR
chairperson, or the speaker of
the House of Delegates as appropriate.
The parties shall have the
right to appear, to present witnesses and evidence, to crossexamine the opposing party
and adverse witnesses, and to
have legal counsel present. Legal counsel for the parties may
advise their clients, but may
only participate in the hearings
with the permission of the
chair.
The hearing is the sole opportunity for the participants
to present their positions.
Three members of the Ethics
Committee shall constitute a
quorum. Affirmative vote of
two thirds (2/3) of the members
voting will be required to reach
a decision.
A transcript will be prepared and will be available to
the parties at cost.
C. Costs
ADA will bear the costs for
the Ethics Committee, legal
counsel, staff, and any other
parties called by ADA. ADA
will bear the travel costs and
one (1) night’s hotel expenses
for the complainant and respondent and one person that
each chooses to bring, provided that such person is necessary to the conduct of the
hearing as determined by the
chair of the Ethics Committee. The Ethics Committee
shall issue regulations to govern the payment of these expenses, which shall be incorporated and made part of
these procedures.
The respondent and the
complainant will be responsible for all costs and fees incurred in their preparation for
and attendance at the hear-
ing, except expenses for travel
and hotel as stated above.
D. Decision
The Ethics Committee will
render a written decision specifying the reasons therefore
and citing the provision(s) of
the Code of Ethics for the Profession of Dietetics that may
have been violated. The Committee will decide that:
1) the respondent is acquitted;
2) educational opportunities
are pursued;
3) the respondent is censured,
placed on probation, suspended, or expelled from
ADA; and/or
4) the credential of the respondent is suspended or
revoked by the CDR of the
ADA.
The decision of the Ethics
Committee will be sent to the
respondent and the complainant as soon as practicable after the hearing.
7. Request by Complainant for Review of Respondent’s Response
The Ethics Committee will, except where the response contains
information that the Committee
determines for good reasons should
not be shared, grant the request of
a complainant to review the response received from the respondent in an ethics case, provided the
request is made within thirty (30)
days of notification of the final action of the Ethics Committee. The
complainant will be required to
maintain confidentiality of the documentation and to refrain from
sharing it with any other third parties or individuals. The complainant will have twenty (20) days to
advise the Ethics Committee as to
any comments, concerns, or issues
with regard to the respondent’s response, but the Committee shall
have no obligation to take further
action. The respondent will be notified of the Committee’s action to
release the response to the complainant.
A. The materials describing the
ethics complaint process, including those materials provided to the complainants and
respondents, shall be amended
to disclose the fact that a respondent’s response may be
made available to the complainant.
B. Any request to review the respondent’s response must be
submitted in writing (electronic or mail) no later than
thirty (30) days after final action by the Committee.
C. ADA staff will notify the Ethics Committee of the request
and will provide a timeline for
addressing it.
D. Within five (5) business days
of the request being received,
the Committee will advise the
respondent that the complainant has made the request and
is being given access to the
response. The requested documentation will be sent to the
complainant via express mail
to ensure delivery.
E. The complainant will be required to commit in writing to
maintain the confidentiality
of the documentation by signing a statement to this effect.
F. Any comments, concerns, or issues with the respondent’s response must be communicated
to ADA staff within twenty (20)
days in writing (electronic or
mail). ADA staff will add the
complainant’s comments, concerns, or issues onto the
agenda of the next Ethics Committee conference call or meeting. The Committee will determine whether further action is
necessary and shall communicate its determination to the
complainant.
G. The complainant will return
the documents after review
via UPS at the expense of
ADA within twenty-five (25)
days.
8. Definitions of Disciplinary Action
Censure: A written reprimand
expressing disapproval of conduct. It carries no loss of membership or registration status, but
may result in removal from office
at the national, state, and district
levels and from committee membership.
Time frame: Not applicable to
the disciplinary action.
Probation: A directive to allow
for correction of behavior specified in Principle 7 of the Code of
Ethics for the Profession of Dietetics. It may include mandatory
participation in remedial programs
(eg, education, professional counseling, and peer assistance). Failure to successfully complete these
programs may result in other disciplinary action being taken. It carries no loss of membership or registration status, but may result in
removal from office at the national,
state, and district levels and from
committee membership.
Time frame: Specified time to be
decided on a case-by-case basis.
Suspension: Temporary loss
of membership and all membership benefits and privileges for a
specified time with the exception
of retention of coverage under
health and disability insurance.
ADA group malpractice insurance will not be available and will
not be renewed during the suspension period.
Time frame: Specified time to be
decided on a case-by-case basis.
Suspension of Registration:
Temporary loss of credential and
all benefits and privileges for a
specified period of time. It may
include mandatory participation
in remedial programs (eg, education, professional counseling, and
peer assistance).
At the end of the specified suspension period, membership and
registration benefits and privileges are automatically restored.
Time frame: Specified time to be
decided on a case-by-case basis.
Expulsion: Removal from membership and a loss of all benefits and
privileges.
Time frame: May apply for reinstatement after a five (5)-year
period has elapsed or sooner if the
basis for the expulsion has been
removed, with payment of a reinstatement fee. The individual
must meet membership requirements in effect at the time of the
application for reinstatement.
Revocation of Credential:
Loss of registration status and removal from registry; loss of all
benefits and privileges. Upon revocation, the former credentialed
practitioner shall return the registration identification card to
CDR.
Time frame: Specified time for
reapplication to be decided on a
case-by-case basis, but, at minimum, current recertification re-
August 2009 ● Journal of the AMERICAN DIETETIC ASSOCIATION
1465
quirements would need to be met.
A credential will not be issued until CDR determines that the reasons for revocation have been removed.
9. Appeals
A. General
Only the respondent may
appeal an adverse decision to
ADA. During the appeals process, the membership and registration status of the respondent remains unchanged.
The ADA president, the
chairperson of CDR, and the
speaker of the House of Delegates shall each appoint one
person to hear the appeal.
These individuals shall constitute the Appeals Committee for
that particular case. Individuals who have no conflict of interest will be appointed.
B. Recourse to the Appeals Committee
To request a hearing before
the Appeals Committee, the
respondent/appellant shall
notify the appropriate staff at
ADA headquarters, by certified mail, return-receipt requested, that the respondent
wishes to appeal the decision.
This notification must be received within thirty (30) calendar days after receipt of the
letter advising the respondent/appellant of the Ethics
Committee’s decision.
C. Contents
The appeal must be in writing and contain, at a minimum, the following information:
1. The decision being appealed.
2. The date of the decision.
3. Why the individual feels
the decision is wrong or
was improperly rendered
(See E, “Scope of Review”).
4. The redress sought by the
individual.
5. The appeal will be signed
and sworn to.
If the appeal does not contain the information listed
above, it will be returned to
the individual who will be
given ten (10) calendar days
to resubmit. Failure to furnish the required information
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August 2009 Volume 109 Number 8
within ten (10) calendar days
will result in the appeal being
waived.
D. Procedures
Upon receipt of this notification, appropriate staff shall
promptly notify the chair of
the Appeals Committee that
the respondent/appellant is
appealing a decision made by
the Ethics Committee.
The Appeals Committee
chair shall acknowledge the
appeal and request a copy of
the relevant written information on the case from appropriate staff.
1. Location and participants
a. All appeals hearings will
be held in Chicago, IL.
b. The complainant/appellee, the respondent/appellant, and the chair of
the Ethics Committee
will have the opportunity to participate in
the appeals hearing.
c. The parties may have
legal counsel present,
who may advise their
clients, but may only
participate in the hearings with the permission of the chair.
d. Attendance at the hearing will be limited to
persons determined by
the chair to have a direct connection with the
appeal and appropriate
staff and legal counsel.
2. Conduct of the hearing
The three (3) parties involved in the appeal will
be given the opportunity
to state why the decision
and/or disciplinary action
of the Ethics Committee
should be upheld, modified, or reversed.
E. Scope of Review
The Appeals Committee will
only determine whether the
Ethics Committee committed
procedural error that affected
its decision, whether the Ethics
Committee’s decision was contrary to the weight of the evidence presented to it, or
whether there is new and substantial evidence that would
likely have affected the Ethics
Committee’s decision that was
unavailable to the parties at
the time of the Ethics Committee’s hearing for reasons beyond their control.
In reviewing the decision of
the Ethics Committee, the Appeals Committee shall consider
only the transcript of the hearing and the evidence presented
to the Ethics Committee.
F. Record of Hearing
A transcript will be prepared and will be maintained
in the case file.
G. Decision of Appeals Committee
1. The Appeals Committee
shall prepare a written decision stating the reasons
therefore. The decision shall
be to affirm, modify, or reject the decision and/or disciplinary action of the Ethics Committee or to remand
the case to the Ethics Committee with instructions for
further proceedings.
2. Decisions of the Appeals
Committee will be final.
H. Costs
ADA will bear the costs for
the Appeals Committee, staff,
and legal counsel, and any parties called by ADA. ADA will
bear the travel and one night’s
hotel expenses for the respondent/appellant, the complainant/appellee, and the chair of
the Ethics Committee. The
Ethics Committee shall issue
regulations to govern the payment of these expenses, which
shall be incorporated and made
part of this procedure.
The respondent/appellant and
the complainant/appellee will
be responsible for all costs and
fees incurred in their preparation for and attendance at the
hearing, except expenses for
travel and hotel as stated above.
10. Notification of Adverse Action
If the respondent is disciplined
by the Ethics Committee and
does not appeal the decision, the
chair of the Ethics Committee
will notify the appropriate ADA
organizational units, CDR, the
affiliate dietetic association, appropriate licensure boards, and
governmental and private bodies
within thirty (30) days after notification of the final decision.
In the event the respondent ap-
peals a decision to discipline him
or her and the Ethics Committee
decision is affirmed or modified,
similar notification will be made
by the chair of the Ethics Committee.
In response to an inquiry about
registration status, the Office on
Dietetic Credentialing will state
only whether a person is currently registered.
11. Record Keeping
A. Records will be kept for a period of time after the disposition of the case in accordance
with ADA’s record retention
policy.
B. Information will be provided
only upon written request and
affirmative response from ADA’s
legal counsel.
12. Confidentiality Procedures
The following procedures have
been developed to protect the confidentiality of both the complainant and the respondent in the investigation of a complaint of an
alleged violation of the Code of
Ethics for the Profession of Dietetics:
A. The need for confidentiality
will be stressed in initial communications with all parties.
B. Committee members will refrain from discussing the complaint and hearing outside of
official committee business pertaining to the complaint and
hearing.
C. If the hearing on a complaint
carries over to the next Committee, the complaint will be
heard by the original Committee to hear the complaint.
D. Communication with ADA witnesses will be the responsibility of the Committee chair or
staff liaison.
E. Witnesses who testify on behalf
of ADA will be informed of the
confidentiality requirements
and agree to abide by them.
F. The Committee chair will
stress the importance of confi-
dentiality at the time of the
hearing.
G. To ensure confidentiality, the
only record of the hearing will
be the official transcript and
accompanying materials, which
will be kept at ADA offices. All
other materials that were
mailed or distributed to committee members should be returned to ADA staff, along
with any notes taken by Committee members.
H. The transcript will be available if there is an appeal of
the Ethics Committee’s decision and only to the parties,
Ethics Committee members,
Appeals Committee members,
ADA legal counsel, and staff
directly involved with the
appeal.
Recognition is given to the members of the Code of Ethics Task Force for their
contributions: Marianne Smith Edge, MS, RD, LD, FADA, Chair; Alice Beth
J. Fornari, EdD, RD; Cheryl A Bittle, PhD, RD, LD; Doris Derelian, PhD,
JD, RD, FADA; Jana Kicklighter, PhD, RD, LD; Leonard Pringle, DTR;
Harold Holler, RD, LDN, ADA Staff; Chris Reidy, RD, CDR Staff; J. Craig
Busey, JD, former ADA Legal Counsel.
August 2009 ● Journal of the AMERICAN DIETETIC ASSOCIATION
1467
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