24 Del. Admin. Code § 3800-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3800-4.0 - Continuing Professional Education

4.1 Continuing Education Hours Required for Renewal

4.1.1 The LDN shall be required to complete 30 hours of continuing professional education (CPE) acceptable to the Board during each biennial renewal period.

4.1.2 Proof of continuing professional education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of this Rule.

4.1.3 Attestation shall be completed electronically at the time of online renewal.

4.1.4 The LDN shall retain all certificates and other documented evidence of participation in an approved/accredited CPE program for a period of at least three years. Upon request, such documentation shall be made available to the Board for random audit and verification purposes.

4.1.4.1 Proof of attendance. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance. Acceptable proof shall include:

4.1.4.1.1 The date of CPE course;

4.1.4.1.2 The instructors of CPE course; the sponsor of CPE course;

4.1.4.1.3 The title of CPE course; and

4.1.4.1.4 The number of hours of CPE course.

4.1.5 CPE requirements shall be prorated for new LDNs as follows:

4.1.5.1 If the new LDN has been licensed less than 1 year, CPE is not required for renewal.

4.1.5.2 If the new LDN has been licensed for more than 1 year but less than 2 years, half of the 30 CPE hours (15 hours) are required.

4.1.5.3 If licensed for 2 or more years, the full 30 hours of CPE is required.

4.2 Exemptions and Extensions

4.2.1 A licensee who because of a physical or mental illness during the license period could not complete the continuing professional education requirement may apply to the Board for a waiver. A waiver may provide for an extension of time or an exemption from some or all of the continuing professional education requirements for one renewal period. A separate request must be submitted for every renewal period during which a waiver is requested.

4.2.2 A request for a waiver must be submitted sixty days prior to the license renewal date.

4.2.3 Requests for Extension - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve months to make up all outstanding required hours upon a showing of good cause as to why the requirements could not be met at the time of renewal. The licensee must state the reason for such extension along with any relevant documentation. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or licensee's immediate family, or a death in the immediate family of the licensee. The written request for extension must be received prior to the renewal deadline. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required hours. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Board. Make-up credits may not be used in the next renewal period.

4.3 Acceptable Continuing Professional Education. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is whether the program is a planned program of learning that contributes directly to the professional competence of the LDN. Continuing education hours awarded for activities or programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations:

4.3.1 The Commission on Dietetic Registration;

4.3.2 The Board for Certification of Nutrition Specialists; or

4.3.3 Other professional or education organizations so long as the specific program is acceptable to the Board.

4.4 Acceptable CPE Activities. The following are acceptable CPE activities and the maximum number of hours allowed for each activity during the biennial renewal period.

4.4.1 Academic Coursework (No maximum):

4.4.1.1 A one semester or trimester credit hour course taken will be worth 5 CPEs;

4.4.1.2 A one semester or trimester credit hour course audited will be worth 3 CPEs;

4.4.1.3 A one-quarter credit hour course taken will be worth 3 CPEs;

4.4.1.4 A one quarter credit hour course audited will be worth 2 CPEs.

4.4.2 Non-Academic Coursework (One CPE is equivalent to one contact hour. No maximum.):

4.4.2.1 Recorded Online Academic Lectures or Seminars. Recorded online lectures or seminars that are offered by US regionally accredited colleges or universities. Official verification of participation is required such as a certificate of completion.

4.4.2.2 Case Presentations: Examples include but are not limited to grand rounds and patient case studies.

4.4.2.3 Certificate Program: Intensive training program with a component that assesses the participant's performance. Upon completion of the program, participants receive a certificate attesting to the attainment of a new knowledge or skill set such as CDR's Certificate of Training in Adult Weight Management or BCNS' Certified Ketogenic Nutrition Specialist Program. Certificate programs must:

4.4.2.3.1 Be dietetics or nutrition-related;

4.4.2.3.2 Have stated learning objectives upon which the course and assessment content is based;

4.4.2.3.3 Include content expert instruction and interactive discussion, which may occur face-to-face or by electronic delivery;

4.4.2.3.4 Include a post-course assessment that assesses the participant's completion of the program's learning objectives;

4.4.2.3.5 Have all course materials reviewed by a minimum of three professionals with demonstrated expertise in the content area attesting to the number of hours needed to complete the program; and

4.4.2.3.6 Be approved or accredited by the Commission on Dietetic Registration (CDR) or BCNS. If the program includes a self-study component, the self-study must include an assessment based on stated learning objectives wherein course participants must pass the assessment to continue in the program and to receive CPEUs for the self-study component.

4.4.2.4 Exhibits: Dietetics or nutrition-related exhibits such as those presented at the Academy of Nutrition and Dietetics Food and Nutrition Conference and Expo. (One half CPE is equivalent to one-half contact hour. Five CPE maximum);

4.4.2.5 Experiential Skill Development: Examples include but are not limited to culinary skills training, physical assessment training, multi-skills training, and computer/technology training. (One CPE is equivalent to one contact hour. No maximum);

4.4.2.6 Journal Clubs: Preplanned meetings, which provide for group participation, include three or more professionals and include in-depth discussion of a single dietetics or nutrition-related topic from pre-assigned articles/papers in professional, peer-reviewed journals (materials should not be older than five years). Online journal clubs, in which interactive posts by dietetics or nutrition professionals are read by and responded to by dietetics or nutrition professionals. (One CPE is equivalent to one contact hour. No maximum)

4.4.2.7 Lectures, Seminars. Webinars, or Teleseminars: These activities must occur in real time and allow for interaction between the presenter and attendees. (One CPE is equivalent to one contact hour. No maximum);

4.4.2.8 Recorded CPE Preapproved by CDR, BCNS, or other acceptable provider. (One CPE is equivalent to one contact hour. Ten CPE maximum);

4.4.2.9 Poster Sessions: Dietetics-related poster sessions, such as those seen at the Academy of Nutrition and Dietetics Food and Nutrition Conference and Expo, can be awarded CPEUs. (One-half CPE is equivalent to one-half contact hour. Five CPE maximum);

4.4.2.10 Professional Leadership: Holding an elected or appointed office in a dietetics or dietetics-related national, state, or district organization that contributes to the acquisition of leadership skills and professional development. (Three CPEs per office held per year. Six CPE maximum); and

4.4.2.11 Professional Reading: Peer-reviewed, dietetics or nutritions-related articles from professional journals and professional newsletters. Online journals are acceptable. Articles in professional newsletters must be identified as peer reviewed. The article must be read within 5 years of the date the article was published. (Reading one article is equivalent to one-half CPE. Five CPE maximum)

4.5 Audit of Continuing Education Hours

4.5.1 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Board, to be audited. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.

4.5.2 Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various hours claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Board shall attempt to verify the hours shown on the documentation provided by the licensee. Upon completion of the review, the Board will determine whether the licensee's hours meet the requirements of these rules.

4.5.2.1 Any continuing education not meeting all provisions of these rules will be rejected in part or in whole by the Board.

4.5.2.2 Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Board.

4.5.2.3 Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Board. This continuing education will not be counted towards the next renewal period.

4.6 Board Review and Hearing Process. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing will be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if the licensee has met the requirement and if not, if there are any extenuating circumstances justifying the noncompliance with these requirements. Unjustified noncompliance with these regulations shall be considered unprofessional conduct in the practice of polysomnography and subject to discipline.

24 Del. Admin. Code § 3800-4.0

11 DE Reg. 226 (08/01/07)
13 DE Reg. 414 (09/01/09)
19 DE Reg. 933 (4/1/2016)
25 DE Reg. 201 (8/1/2021) (Final)