3614

LAWS OF MARYLAND

Ch. 773

WHEREAS, Licensing dietitians will protect the health,
safety, and welfare of the public by excluding discouraging
incompetent and untrained practitioners; and

WHEREAS, Licensing dietitians will increase the availability
of nutrition services in the community by clarifying the legal
status of the dietitian as a consultant and referral source for
other health care providers, and licensing dietitians will assure
that qualified persons provide reimbursable services, as occurs
in hospice care; and

WHEREAS, Adequate preventive diet counseling by licensed
dietitians will contribute to the curtailment of unnecessary
health costs by decreasing hospital stays and expenditures of
public funds such as Medicare and Medicaid; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

354Z.

(A) Notwithstanding any provision of a group or individual
policy or contract issued by a nonprofit health service plan, or
any certificate issued thereunder, of health, sickness, accident,
or disability insurance, delivered or issued for delivery within
the State, whenever such policy, contract, or certificate
provides for reimbursement for any service which is within the
lawful scope of practice of a health care provider duly licensed
under the Health Occupations Article, the insured, or any other
person covered by the policy, contract, or certificate, shall be
entitled to reimbursement for such service. The provisions of
this section apply to all such policies, contracts, or
certificates issued, renewed, modified, altered, amended, or
reissued on or after July 1, 1984.

(B) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF
THIS SECTION, UNLESS THE POLICY, CONTRACT, OR CERTIFICATE
EXPRESSLY PROVIDES FOR REIMBURSEMENT FOR ANY SERVICE WHICH IS
WITHIN THE LAWFUL SCOPE OF PRACTICE OF A DIETITIAN LICENSED UNDER
THE HEALTH OCCUPATIONS ARTICLE, THE PROVISIONS OF TITLE 4.5 OF
THE HEALTH OCCUPATIONS ARTICLE GOVERNING THE LICENSING AND
REGULATION OF DIETITIANS MAY NOT BE CONSTRUED TO ENTITLE THE
INSURED OR ANY OTHER PERSON COVERED BY THE POLICY, CONTRACT, OR
CERTIFICATE TO REIMBURSEMENT FOR ANY SERVICE WHICH IS WITHIN THE
LAWFUL SCOPE OF PRACTICE OF A LICENSED DIETITIAN.

47OU.

(A) Notwithstanding any provision of a group or individual
policy or contract, including profit and nonprofit health plans,
or any certificate issued thereunder, of health, sickness,
accident, or disability insurance, delivered or issued for