Title
Regulates Nutrition and Dietetics Practice PH
Law
Republic Act No. 10862
Decision Date
May 25, 2016
Republic Act No. 10862 establishes the regulatory framework for the practice of nutrition and dietetics, promoting the professional development of registered nutritionist-dietitians through standardized education, licensure, and ethical guidelines while repealing the outdated Nutrition and Dietetics Decree of 1977.

Policy, objectives, and professed intent

  • Section 2 declares that the State recognizes the important role of registered nutritionist-dietitians (RNDs) in nation building and human development through adequate nutrition.
  • Section 2 directs the State to promote the sustained development of RNDs through regulatory measures, programs, and activities that foster growth and advancement of the profession.
  • Section 3 provides that the Act governs education standards, licensure, and the supervision and control of nutrition and dietetics practice.
  • Section 3 requires continuing professional development (CPD) and the integration of the nutrition-dietetics profession.

Core definitions and key terms

  • Section 4(a) defines AIPO as the one and only accredited integrated professional organization of nutritionist-dietitians recognized by the Professional Regulatory Board of Nutrition and Dietetics, subject to approval by the Professional Regulation Commission.
  • Section 4(b) defines Dietetics as the science and art of applying nutrition principles to food planning and preparation, and regulating diet in relation to health and disease, including promotive, preventive, therapeutic, and administrative aspects of nutritional service delivery in hospitals, food service institutions, and other health care facilities.
  • Section 4(c) defines Nutrition as the science dealing with foods, nutrient composition, eating habits, nutritional status, and health and diseases of individuals and populations, including social, economic, environmental, cultural, political, and psychological implications of food and eating.
  • Section 4(d) defines Nutritionist-Dietitian as a registered and licensed person holding a valid certificate of registration and valid professional identification card issued by the Board and the Commission under this Act.
  • Section 4(e) defines Profession as the combined practice of the science and art (discipline) of nutrition and dietetics.

Governing institutions and Board structure

  • Section 7 creates the Professional Regulatory Board of Nutrition and Dietetics as a collegial body under the administrative supervision and control of the Professional Regulation Commission.
  • Section 7 sets the Board composition as a Chairperson and two (2) members, appointed by the President from lists submitted through the Commission and endorsed by AIPO.
  • Section 8 requires the Chairperson or members to meet all listed qualifications: Filipino citizenship and residency, at least thirty-five (35) years of age, good moral character, no conviction for an offense involving moral turpitude, five (5) years of continuous practice prior to appointment, and a post-graduate degree in nutrition and dietetics or a related field as determined by the Commission from a CHED-recognized institution.
  • Section 8 imposes disqualifications, including: not being on the faculty of any nutrition and dietetics school program at appointment; not being an owner/shareholder/manager/consultant/staff or in any way connected to a review school or center; and not being an officer/board member/trustee of the AIPO.
  • Section 8 requires automatic resignation from teaching positions and/or review programs for local nutrition-dietetics board examinations, and prohibits pecuniary interest or administrative supervision over institutions offering nutrition and dietetics programs (including review classes).
  • Section 9 sets Board terms at three (3) years, allows reappointment for another term, and limits holding office to two (2) terms or not more than six (6) years.
  • Section 9 requires the Chairperson and members to take an oath of office, and provides vacancy handling by the most senior member acting until appointment of a Chairperson.
  • Section 10 provides compensation and benefits as provided in the General Appropriations Act, subject to DBM rules.

Board powers, licensure administration, and cases

  • Section 11 vests the Board with executive, administrative, rule-making, and quasi-judicial powers to implement the Act.
  • Section 11 mandates regulatory functions including: issuing implementing rules and regulations; adopting a Code of Ethics, Code of Good Governance, and Code of Technical Standards; adopting an official seal; conducting regular consultation for professional development; and entering, with the Commission, a Memorandum of Agreement with CHED to ensure compliance of higher education programs with CHED-prescribed curriculum, faculty, library, and facilities requirements.
  • Section 11 assigns licensure functions including: prescribing and promulgating tables of specifications and syllabi for licensure subjects; preparing and correcting licensure examination questions and releasing results; evaluating and approving applications for licensure examination; and issuing, suspending, revoking, or reinstating certificates of registration and special/temporary permits.
  • Section 11 gives authority to administer oaths and monitor conditions affecting practice for ethical and technical standards.
  • Section 11 authorizes reissuance/reinstatement of revoked certificates and unexpired identification cards, with a key condition that the revoked certificate may be reissued only after the lapse of the revocation period under the Act, and subject to a Board resolution approved by the Commission after the suspended RND establishes fitness to practice anew.
  • Section 11 grants administrative case powers, including hearing and investigation of violations and issuing summons, subpoena ad testificandum, and subpoena duces tecum; delegation of technical-practice hearings to at least one Board member assisted by a legal or hearing officer of the Commission.
  • Section 11 requires endorsement of criminal violations to the Prosecution Office for investigation and allows (at the Board’s discretion) filing a complaint.
  • Section 11 sets decision consequences for examinees or RNDs found guilty in administrative cases: cancellation of examination papers and/or ban from taking another licensure examination, or revocation/suspension of certificates of registration.
  • Section 11 provides that effectivity of penalties commences from the date of surrender of certificates and professional identification cards, and that Board decisions become final and executory after fifteen (15) days from receipt of notice of judgment/decision unless appealed to the Commission.
  • Section 11 requires summary proceedings on minor violations and summary judgment on them, with the same finality rule after fifteen (15) days unless appealed to the Commission.
  • Section 11 requires an annual report of accomplishments to be submitted to the Commission after each calendar year close.
  • Section 12 lists grounds for removal or suspension of Board Chairperson/member: gross neglect, incompetence, dishonesty; violations of the Revised Penal Code and Republic Act No. 3019; and manipulation/rigging of licensure results, disclosure of secret exam questions prior to conduct, or tampering of grades.
  • Section 12 instructs that the Commission’s investigation is guided by Section 7(s) of Republic Act No. 8981 (PRC Modernization Act of 2000), rules on administrative investigation, and applicable provisions of the new Rules of Court.
  • Section 13 provides that the Commission keeps all Board records, including applications, examination papers and results, minutes of deliberation, and administrative cases; it designates the Board’s Secretary from Commission staff and provides support services.

Education requirements and faculty qualifications

  • Section 5 requires the Nutrition and Dietetics Education Program to provide sound general and professional foundation for nutrition practice.
  • Section 5 requires learning experiences to adhere strictly to CHED-prescribed curriculum requirements embodied in the prescribed curriculum promulgated by CHED.
  • Section 6 requires a faculty member in a nutrition and dietetics program to be an RND in the Philippines.
  • Section 6 requires a faculty member to have preferably at least one (1) year of practice in a specialization field.
  • Section 6 requires faculty membership in good standing of AIPO.
  • Section 6 requires that faculty preferably hold a master’s degree in nutrition and dietetics, education, or allied medical and health sciences from a CHED-recognized institution.
  • Section 6 requires the head of the program to have a master’s degree in nutrition and dietetics and at least five (5) years of experience.
  • Section 6 authorizes the Board, as created in Section 7, to impose additional faculty qualifications to enhance professional standards.

Licensure examination, passing, and oath

  • Section 14 requires licensure examination passage for applicants for registration for the practice of nutrition and dietetics, except where the Act allows otherwise.
  • Section 14 requires the examination to be held in places and on dates designated in the Commission resolution on Master Schedules under Section 7(d) of Republic Act No. 8981.
  • Section 15 requires licensure applicants to prove: (a) Philippine citizenship or foreign citizenship in a jurisdiction with reciprocity policies/laws for Filipinos under Section 31; (b) good moral character; (c) a CHED-recognized or accredited bachelor’s degree in nutrition and dietetics (or equivalent) conferred by an authorized school/college/university; and (d) no conviction involving moral turpitude.
  • Section 16 provides that licensure examination subjects include, but are not limited to: Nutrition and Dietetics, Foods and Food Service Systems, and Community and Applied Nutrition.
  • Section 16 authorizes the Board, with Commission approval, to revise/exclude subjects and revise tables of specifications and syllabi, and to add new subjects consistent with technological change and professional trends.
  • Section 17 requires a passing grade of seventy-five percent (75%) general or weighted average, with no subject below fifty percent (50%).
  • Section 17 grants a retake pathway: an applicant with a passing average target not met but with at least seventy-five percent (75%) in each of at least one-half of total subjects may take, within two (2) years from examination date, another examination limited to subjects where the grade was below seventy-five percent (75%).
  • Section 17 requires that if the examinee fails the set of repeated subjects in the second examination, the examinee must take all subjects in the next regular examination.
  • Section 18 requires the Board to submit ratings to the Commission not later than ten (10) days after the last day of the examination, unless extended for a valid cause.
  • Section 19 requires all successful candidates to take the oath of profession before the Board Chairperson (or any member) or any authorized Commission officer prior to entering practice.

Registration, certificates, identification, and renewal

  • Section 20 requires the Board/Commission to issue a certificate of registration to those who pass the licensure exam, subject to compliance with registration requirements and payment of fees prescribed by the Commission.
  • Section 20 requires that the certificate bear the signatures of the Chairperson of the Commission and the Chairperson and members of the Board.
  • Section 20 states that certificates remain in full force and effect until withdrawn, revoked, or suspended under this Act.
  • Section 20 requires issuance of a professional identification card bearing the registration number and date, validity and expiry, and signed by the Commission Chairperson, upon payment of the prescribed fee.
  • Section 20 provides that the identification card is renewable every three (3) years upon payment of prescribed fees and compliance with CPD requirements.

Registration refusals and revocation/suspension grounds

  • Section 21 bars the Board from registering a successful examinee who has been: (a) convicted by final judgment of an offense involving moral turpitude; (b) adjudged guilty for violation of the General Instructions to Examinees; or (c) declared of unsound mind by a court of competent jurisdiction.
  • Section 21 requires a written statement of reasons for refusal of registration and filing a copy in the Board’s records.
  • Section 22 authorizes the Board, after due process, to revoke or suspend the certificate of registration or cancel a special/temporary permit on grounds including: (a) violation of the Act, its IRR, Code of Ethics, Code of Good Governance, standards for practice, or Board/Commission policies; (b) conviction involving moral turpitude; (c) fraud in obtaining the certificate/identification card/special/temporary permit; (d) gross incompetence, negligence, or ignorance resulting in death, injury or damage; (e) neglect or failure to pay annual registration fees for five (5) consecutive years; (f) aiding or abetting illegal practice by a non-registered person through allowing use of one’s certificate or identification card or special/temporary permit; (g) practicing during suspension; and (h) drug or alcohol abuse impairing ability to practice or being declared of unsound mind.
  • Section 22 requires periodic evaluation of the grounds and allows revising/adding grounds subject to Commission approval.
  • Section 22 allows any person to file charges against a registrant, and requires an affidavit-complaint with affidavits of witnesses and documentary evidence filed with the Board through the Legal and Investigation Office.
  • Section 22 authorizes motu proprio recommendation of investigation by the Board, embodied in a resolution signed by at least the majority of Board members.
  • Section 22 makes the Commission’s administrative investigation rules govern the hearing/investigation, subject to this Act, Republic Act No. 8981, and suppletory application of the Rules of Court.

Reissuance, duplicates, inactive practice, and nonpayment

  • Section 23 allows the Board, upon petition, to reinstate or reissue a revoked certificate after four (4) years from the effectivity of the revocation period (defined as the date of surrender of the certificate and/or identification card if still valid to the Board and/or Commission).
  • Section 23 authorizes the Board to impose a shorter reinstate/reissue period as may be provided in the IRR.
  • Section 23 prohibits requiring the holder to take another licensure examination unless the violated ground was fraud under Section 22(c).
  • Section 23 requires the petitioner to prove valid reasons to practice and that the petitioner has undergone the CPD Program.
  • Section 23 requires Board approval by issuing a Board Resolution subject to Commission approval.
  • Section 23 permits reissuance of duplicates of lost certificates/identification cards/special/temporary permits under rules and upon payment of the prescribed fee.
  • Section 24 requires the Board to suspend an RND from practice for nonpayment of annual registration fees for five (5) consecutive years from the last/previous year of payment and for nonrenewal of license every three (3) years.
  • Section 24 provides that resumption occurs only upon payment of delinquent fees plus surcharges and interest, and in accordance with Commission rules.
  • Section 24 allows interruption of the five-year suspension period through written notice of discontinuance of practice and surrender of the certificate of registration to the Board and/or Commission.
  • Section 25 provides vested-rights protection: nutritionist-dietitians registered before this Act’s effectivity are automatically registered under this Act, with force and effect for their existing certificates and permits as though issued under this Act.

What counts as practice; authorized practitioners

  • Section 26 defines “practice of nutrition and dietetics” as rendering or offering to render professional services for a fee, salary, reward, or compensation, paid to the individual or through another person, or even without such compensation.
  • Section 26 includes providing medical nutrition therapy through the Nutrition Care Process for disease prevention, treatment and management.
  • Section 26 includes optimizing health and well-being through quality products, programs, and services.
  • Section 26 includes promoting nutritional health and well-being of individuals, groups, communities, and populations.
  • Section 26 includes setting standards, guidelines, and policies that create and encourage an environment supporting nutritional health.
  • Section 26 includes managing food and nutrition systems, including programs, projects, and services.
  • Section 26 includes facilitating and conducting food, nutrition, and related research across practice settings.
  • Section 26 includes educating and training others about food and nutrition across practice settings.
  • Section 26 authorizes the Board, with Commission approval and in consultation with AIPO, to modify the scope to keep it aligned with local and international developments, as long as modifications remain consistent with the enumerated scope.
  • Section 29 authorizes practice only by: (a) duly registered and licensed nutritionist-dietitians with valid certificate of registration and professional identification card issued under this Act; and (b) foreign-licensed nutritionist-dietitians holding valid special/temporary permits issued under this Act.

Required staffing and public roster

  • Section 27 requires the DOH, in coordination with the NNC and AIPO, to determine the appropriate number of RNDs for various types of health care institutions and other establishments needing their professional services.
  • Section 27 requires DOH to issue necessary guidelines one hundred twenty (120) days after enactment for proper implementation of the required RND staffing.
  • Section 27 requires plantilla positions with titles specifying “nutritionist-dietitian,” “Nutritionist,” or “dietitian,” and positions requiring RND expertise, to be occupied by RNDs.
  • Section 28 requires the Commission to prepare an RND roster during August every year, starting in the year following this Act’s effectivity.
  • Section 28 requires the roster to include the name and address of each RND and dates the Board considers pertinent, including date of registration or issuance of certificates and other dates.
  • Section 28 mandates public inspection availability, copies on file with the Commission, and provision of copies to other bureaus, government agencies, and the public upon request.

Special/temporary permits and foreign reciprocity

  • Section 31 provides that no foreign nutritionist-dietitian gets rights or privileges under this Act unless the foreign country grants the same or similar rights/privileges to Filipino nutritionist-dietitians.
  • Section 32 authorizes the issuance of special/temporary permits by the Board subject to Commission approval and payment of fees prescribed to licensed nutritionist-dietitians from countries/states where services are either for a fee or free.
  • Section 32 authorizes special/temporary permits in four instances: (a) internationally known nutritionist-dietitians or experts in any branch/specialty; (b) urgent need due to lack or inadequacy of local specialists for transfer of technology to promote and advance practice; (c) services intended for indigent patients in a facility or during a humanitarian mission; and (d) exchange professors in schools/colleges/universities offering nutrition and dietetics courses.
  • Section 32 limits the permit validity to not more than one (1) year with renewability.
  • Section 32 requires the permit to indicate the branch/specialty and specific place of practice (clinic, hospital, center, school, college, or university offering the course).
  • Section 32 requires the Board, subject to Commission approval, to promulgate rules and regulations for implementation.
  • Section 33 requires all RNDs to abide by CPD requirements, rules, and regulations promulgated by the Board with Commission approval, in coordination with AIPO or duly accredited educational institutions.
  • Section 30 requires RNDs who have not actively practiced for five (5) consecutive years to attend a refresher course and the CPD Program offered by an AIPO-accredited institution.
  • Section 34 requires nutritionist-dietitians to indicate, on documents they sign/raise/issue in connection with practice, their certificate registration number and issuance date, expiry of current professional identification card, PTR number, AIPO membership number, and O.R. number.
  • Section 35 requires posting in a conspicuous place or keeping on file in the office the original or authentic/authenticated copy of the certificate of registration and professional identification card or special/temporary permit.
  • Section 35 provides that persons previously registered under Presidential Decree No. 1286 retain their certificate registration numbers.
  • Section 36 integrates the profession into one (1) national AIPO registered with the Securities and Exchange Commission and provides that the Board, with Commission approval, accredits that organization as the one and only AIPO.
  • Section 36 provides that all nutritionist-dietitians whose names appear in the registry book become members ipso facto and receive benefits and privileges upon payment of AIPO membership fees and dues.
  • Section 36 states that AIPO membership does not bar membership in other nutrition and dietetics organizations.

Human resource programs and specialty training

  • Section 37 mandates that the Board, in coordination with AIPO and appropriate government or private agencies, initiate and conduct studies on nutrition and dietetics human resource production, utilization, and development.
  • Section 38 requires the Board, within ninety (90) days from the Act’s effectivity, to formulate and develop a comprehensive nutrition and dietetics specialty program to upgrade skills and competence of specialists.
  • Section 38 enumerates example specialty areas including diabetes management, cardiovascular disease management, renal disease management, oncology, nutrition support, weight management, sports nutrition, obstetrics, pediatrics, dental medicine, and other areas determined by the Board.
  • Section 38 includes DOH and specialty organizations in coordination roles, and requires the Board to coordinate with the accredited professional organization and recognized specialty organizations.

Penal provisions for prohibited acts

  • Section 39 imposes criminal penalties on any person who commits prohibited acts, upon conviction, with 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.
  • Section 39(a) prohibits offering oneself as or using titles or any word/letter/figure/sign tending to convey impression of being a nutritionist-dietitian, or advertising/indicating qualification to perform nutritionist-dietitian work without holding a valid certificate of registration and valid professional identification card, and/or without being covered by reciprocity, unless exempt from registration.
  • Section 39(b) prohibits practicing nutrition and dietetics without a valid certificate of registration and/or valid professional identification card or valid special/temporary permit.
  • Section 39(c) prohibits attempting to use the seal, certificate of registration, and/or professional identification card of an RND or special/temporary permit issued to a foreign nutritionist-dietitian.
  • Section 39(d) prohibits abetting illegal practice of nutrition and dietetics by an unregistered or unauthorized person.
  • Section 39(e) prohibits securing certificates/identification cards/permits through false information or fraudulent means.
  • Section 39(f) prohibits impersonating an RND or a holder of a special/temporary permit.

Enforcement, funds, IRR, and legal effect

  • Section 40 requires enforcement through Board assistance with the Commission, AIPO, duly constituted government agencies and authorities, and private organizations; it authorizes memoranda of agreement between agencies or organizations.
  • Section 41 provides that implementation funds are included in the annual General Appropriations Act for the Commission, and initial implementation costs are charged against the Commission’s current year appropriation.
  • Section 43 requires the Board to prescribe, promulgate, and issue IRR through a Board Resolution within ninety (90) days from effectivity, subject to Commission approval and consultation with AIPO, other agencies, and concerned private organizations.
  • Section 44 contains the separability clause preserving unaffected provisions if any part is declared unconstitutional or invalid.
  • Section 45 repeals Presidential Decree No. 1286 and repeals or modifies inconsistent laws, decrees, orders, letters of instruction, rules and regulations, and other issuances, including parts thereof.
  • Section 46 sets the publication-based effectivity trigger at fifteen (15) days following publication in the Official Gazette or any major daily newspaper of general circulation.

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