Republic Act No. 10862

Short Title. - This Act shall be known as the "Nutrition and Dietetics Law of 2016".

The State recognizes the important role of registered nutritionist-dietitians (RNDs) in nation building and in human development through adequate nutrition. Towards this end, the State shall promote the sustained development of RNDs whose competence has been determined by honest and credible licensure examinations, and whose standards of professional service and practice are internationally recognized and considered world-class, brought about by regulatory measures, programs and activities that foster growth and advancement of the profession.

This Act shall govern:

The Nutrition and Dietetics Education Program shall provide sound general and professional foundation for the practice of nutrition. The learning experiences shall adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the Commission on Higher Education (CHED). These shall guide the policies and standards for Nutrition and Dietetics education.

A member of the faculty in a college offering a program on nutrition and dietetics must:

There is hereby created a Professional Regulatory Board of Nutrition and Dietetics, hereinafter referred to as the Board, a collegial body under the administrative supervision and control of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a Chairperson and two (2) members appointed by the President of the Philippines from a list of two (2) recommendees for each position chosen and submitted by the Commission thereto from a list of three (3) nominees for every position endorsed by the AIPO.

The Chairperson or members shall, at the time of their appointment, possess all the following requirements:

Provided, That any person who is appointed as Chairperson or member of the Board shall automatically resign from any teaching position in any school, college or university, and/or review program for the local nutrition-dietetics board examinations. They shall not have any pecuniary interest in, or administrative supervision over, any institution offering nutrition and dietetics programs, including review classes.

The Chairperson and members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have qualified and been appointed. They may be reappointed to the same office for another term of three (3) years immediately after the expiry of their term: Provided, That the holding of such position or office shall not be more than two (2) terms or not more than six (6) years. Any vacancy in the position of the Chairperson shall be occupied in an acting capacity or as an officer-in-charge by the most senior member of the Board until the Chairperson shall have been appointed. The Chairperson and the members shall duly take their oath of office.

The Chairperson and members of the Board shall receive compensation, allowances and other benefits as provided for in the General Appropriations Act, subject to existing rules and regulations issued by the Department of Budget and Management (DBM).

The Board shall exercise executive, administrative, rule-making, and quasi-judicial powers in carrying out the provisions of this Act. It shall be vested with the following specific powers, functions, duties and responsibilities:

Regulatory Functions:

The Commission shall have administrative supervision over the Board. It shall keep all records of the Board including applications for examination, examination papers and results, minutes of deliberation, and administrative cases. It shall likewise designate the Secretary of the Board who shall be a staff member in the Commission and shall provide the other support services to the Board in order to implement the provisions of this Act.

Except as otherwise specifically allowed under this Act, applicants for registration for the practice of nutrition and dietetics shall be required to pass a Board Licensure Examination for nutritionist-dietitians as provided for in this Act. It shall be held in such places and dates as the Commission may designate in the Resolution thereof on the Master Schedules for all licensure examination in accordance with Section7(d) of Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000".

An applicant for the licensure examination for nutritionist-dietitian shall satisfactorily prove that he/she possesses the following qualifications:

The licensure examination/s for nutritionist-dietitians shall include, but not be limited to, the following:

To pass the licensure examination for nutritionist-dietitians, a candidate must obtain a general or weighted average rating of seventy-five percent (75%), with no rating below fifty percent (50%) in any subject: Provided, That an applicant who fails to obtain a passing average but who obtained at least seventy-five percent (75%) in each of at least one-half of the total subject given in the examination, may be permitted to take within two (2) years from the date of his/her examination, another examination, on the subjects in which he/she obtained a grade below seventy-five percent (75%). Should the examinee fail in the set of subjects repeated in the second examination, he/she shall be required to take all the subjects in the next examination.

The Board shall submit the Commission the ratings obtained by the candidate not later than ten (10) days after the last day of the examination, unless it is extended for a valid cause.

All successful candidates in the licensure examination shall take their oath of profession before the Chairperson or any member of the Board; or any authorized officer of the Commission, prior to entering the practice of nutrition and dietetics.

A certificate of registration shall be issued to those who have passed the licensure examination, subject to compliance with the registration requirements and payment of fees, as prescribed by the Commission. It shall bear the signature of the Chairperson of the Commission and the Chairperson and members of the Board, indicating that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. Until withdrawn, revoked, or suspended in accordance with this Act, the certificate registration shall remain in full force and effect.

A professional identification card, bearing the registration number and date, its validity and expiry duly signed by the Chairperson of the Commission, shall likewise be issued to every registrant who has paid the prescribed fee. It shall be renewed every three (3) years upon payment of the prescribed fees therefor and compliance with the CPD requirement.

The Board shall not register any successful examinee who has been:

Revocation or Suspension of the Certificate of Registration and Cancellation of Special/Temporary Permit. - The Board shall have the power, after due process, to revoke or suspend the certificate of registration or to cancel a special/temporary permit upon any of the following grounds:

Any person may file charge/s against any registrant in accordance with the provision of this section. An affidavit-complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board through the Legal and Investigation Office: Provided, That the Board may, motu proprio, recommend an investigation of any RND for violation of any of the abovementioned causes. The motu proprio action to recommend an investigation shall be embodied in a resolution to be signed by at least the majority of the members of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation, subject to applicable provisions of this Act, Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000", and suppletorily the Rules of Court.

Reissuance of Revoked Certificates of Registration, Replacement of Lost or Damaged Certificates of Registration, Professional Identification Cards or Special/Temporary Permits. - The Board may, upon petition, reinstate or reissue a revoked certificate of registration after four (4) years from the effectivity of the period for revocation, which is the date of surrender of the said certificate and/or the professional identification card if still valid, to the Board and/or the Commission. The Board may impose a shorter period of time to reinstate or reissue said certificate as may be provided for in the IRR. In all cases, the Board shall not require the holder thereof to take another licensure examination unless the ground violated is the commission of fraud under Section 22 (c). The petitioner shall prove to the Board that he/she has valid reason/s to practice the profession and that he/she has undergone CPD Program. For the grant of the petition, the Board shall issue a Board Resolution subject to the approval by the Commission.

A duplicate copy of lost certificates of registration, professional identification cards or special/temporary permits may be reissued in accordance with rules thereon and upon payment of the prescribed fee.

The Board shall suspend an RND from the practice of his/her profession for nonpayment of the annual registration fees for five (5) consecutive years from its last or previous year of payment and for nonrenewal of license every three (3) years. The resumption of his/her practice shall take place only upon payment of the delinquent fees plus surcharges and interest, and in accordance with the rules of the Commission. The five (5)-year suspension period may be interrupted upon written notice of the discontinuance of his/her practice and surrender of the certificate of registration to the Board and/or the Commission.

All nutritionist-dietitians registered before the effectivity of this Act shall automatically be registered hereunder, subject to the provisions herein set forth as to future requirements.

Certificates of registration and professional identification cards or special/temporary permits held by such persons in good standing at such effectivity shall have the same force and effect as though they were issued under the provisions of this Act.

A person is deemed to be in the practice of nutrition and dietetics within the meaning and intent of this Act when he/she, for a fee, salary or other reward or compensation, paid to the individual or through another person or even without such rewards or compensation, renders or offers to render professional services in nutrition and dietetics such as:

The Department of Health (DOH), in coordination with the National Nutrition Council (NNC) and the AIPO, shall determine the appropriate number of RNDs for various types of healthcare institutions and other establishments that need their professional services. It shall likewise issue the necessary guidelines one hundred twenty (120) days after the enactment of this Act for the proper implementation of this section.

Plantilla positions, with titles that specify "nutritionist-dietitian", "Nutritionist" or "dietitian" as well as positions requiring the expertise of RNDs shall be occupied by RNDs.

A roster of nutritionist-dietitians shall be prepared by the Commission during the month of August every year, commencing on the year following that in which this Act shall become effective. This roster shall contain the name and address of each RND, date of registration or issuance of certificates and other dates, which, in the opinion of the Board, may appear pertinent. The roster shall be opened for public inspection, and copies thereof shall be on file in the records of the Commission. Other bureaus or government agencies and the public may be given a copy upon request.

The following persons shall be authorized to practice nutrition and dietetics:

Nutritionist-Dietitians who have not actively practiced the profession for five (5) consecutive years are required to attend a refresher course and the CPD Program offered by an institution accredited by the AIPO.

No foreign nutritionist-dietitian shall be granted any of the rights and privileges under this Act unless the country of which he/she is a subject or citizen grants the same or similar rights or privileges to Filipino nutritionist-dietitians.

Special/Temporary permits may be issued by the Board subject to the approval by the Commission and payment of fees which the latter has prescribed to licensed nutritionist-dietitians from countries/states where services are either for a fee or free in the following instances:

All nutritionist-dietitians shall abide by the requirements, rules and regulations on continuing professional development to be promulgated by the Board, subject to the approval by the Commission, in coordination with the AIPO or any duly accredited educational institutions.

Indication of Numbers: Certificate of Registration and Professional Identification Card, Professional Tax Receipt (PTR), AIPO Membership and Official Receipt (O.R.). - The nutritionist-dietitian shall be required to indicate his/her certificate of registration number and date of issuance and the expiry of his/her current professional identification card, PTR number, AIPO membership number and O.R. number on the documents he/she signs, rises, or issues in connection with the practice of nutrition and dietetics.

Posting of Certificate of Registration and Professional Identification Card or Special/Temporary Permit. - The certificate of registration and professional identification card of nutritionist-dietitians or special/temporary permit in original or authentic/authenticated copies shall be posted in a conspicuous place or kept on file in his/her office. Those previously registered in accordance with Presidential Decree No. 1286 shall retain their certificate of registration numbers.

The nutrition and dietetics profession shall be integrated into one (1) national professional organization of nutritionist-dietitians that is duly registered with the Securities and Exchange Commission (SEC). The Board, subject to approval of the Commission, shall accredit the organization as the one and only AIPO. All nutritionist-dietitians whose names appear in the registry book of nutritionist-dietitians shall ipso facto become members thereof and shall receive all the benefits and privileges appurtenant thereto upon payment of AIPO membership fees and dues.

Membership in the AIPO shall not be a bar to membership in other nutrition and dietetics organizations.

Studies for Nutrition and Dietetics Manpower Needs, Production, Utilization and Development. - The Board, in coordination with the AIPO and appropriate government or private agencies shall initiate, undertake and conduct studies on nutrition and dietetics human resource production, utilization and development.

Within ninety (90) days from the effectivity of this Act, the Board, in coordination with the accredited professional organization, recognized specialty organizations and the DOH, is hereby mandated to formulate and develop a comprehensive nutrition and dietetics specialty program that would upgrade the level of skills and competence of nutritionist-dietitian specialists in the country, such as, but not limited to, the areas of diabetes management, cardiovascular disease management, renal disease management, oncology, nutrition support, weight management, sports nutrition, obstetrics, pediatrics, dental medicine, and such other areas as may be determined by the Board.

Any person who shall commit any of the following acts, shall, upon conviction, be imposed a fine of not less than three hundred thousand pesos (P300,000.00) and/or imprisonment of not less than six (6) months, at the discretion of the court:

In carrying out the provisions of this Act, the Board shall be assisted by the Commission, the AIPO, duly constituted government agencies and authorities, and private organizations in the industry. A memorandum of agreement between agencies or organizations may be executed.

The funds or budget for the implementation of this Act shall be included in the annual General Appropriations Act for the Commission, provided that the amount incurred for its initial implementation shall be charged against the current year's appropriation of the Commission.

The incumbent Board shall, in an interim capacity, continue to operate or function in carrying out the provisions of this Act without new appointments until the first Board created under this Act shall have been constituted or organized pursuant thereto.

(IRR). The Board of Nutrition and Dietetics, subject to approval by the Commission and after consultation with the AIPO, other agencies, and private organizations concerned in the industry, shall prescribe, promulgate and issue a Board Resolution on the IRR of this Act within ninety (90) days from the effectivity of this Act.

If any provision, section, or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other provisions, sections or parts hereof, but shall be merely confined to the provision, section, or part thereof that is directly involved in the issue upon which such judgment has been rendered.

Presidential Decree No. 1286 is hereby repealed. Laws, decrees, orders, letters of instruction, rules and regulations, or other issuances, and parts thereof inconsistent with the provisions of this Act are likewise repealed or modified accordingly.

This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any major daily newspaper of general circulation in the Philippines.

Approved,

| (Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives | (Sgd.) FRANKLIN M. DRILON President of the Senate |

Senate Bill No. 2582, which was approved by the Senate on February 1, 2016, was adopted as an amendment to House Bill No. 6077 by the House of Representatives on February 2, 2016.