from the associationAmerican Dietetic Association/Commission on Dietetic

Registration Code of Ethics for the Profession ofDietetics and Process for Consideration of Ethics Issues

PREAMBLEThe American Dietetic Association(ADA) and its credentialing agency,the Commission on Dietetic Registra-tion (CDR), believe it is in the bestinterest of the profession and the pub-lic it serves to have a Code of Ethicsin place that provides guidance to di-etetics practitioners in their profes-sional practice and conduct. Dieteticspractitioners have voluntarily adoptedthis Code of Ethics to reflect the values(Figure) and ethical principles guidingthe dietetics profession and to set forthcommitments and obligations of thedietetics practitioner to the public,clients, the profession, colleagues, andother professionals. The current Code ofEthics was approved on June 2, 2009,by the ADA Board of Directors, Houseof Delegates, and the Commission onDietetic Registration.

APPLICATIONThe Code of Ethics applies to the fol-lowing practitioners:

(a) In its entirety to members of ADAwho are Registered Dietitians (RDs)or Dietetic Technicians, Registered(DTRs);

(b) Except for sections dealing solelywith the credential, to all membersof ADA who are not RDs or DTRs;and

(c) Except for aspects dealing solelywith membership, to all RDs andDTRs who are not members of ADA.

All individuals to whom the Code ap-plies are referred to as dietetics prac-titioners, and all such individuals whoare RDs and DTRs shall be known ascredentialed practitioners. By accept-ing membership in ADA and/or accept-

ing and maintaining CDR credentials,all members of ADA and credentialeddietetics practitioners agree to abide bythe Code.

PRINCIPLESFundamental Principles

1. The dietetics practitioner con-ducts himself/herself with hon-esty, integrity, and fairness.

2. The dietetics practitioner sup-ports and promotes high stan-dards of professional practice.The dietetics practitioner ac-cepts the obligation to protectclients, the public, and the pro-fession by upholding the Codeof Ethics for the Profession ofDietetics and by reporting per-ceived violations of the Codethrough the processes estab-lished by ADA and its creden-tialing agency, CDR.

Responsibilities to the Public

3. The dietetics practitioner con-siders the health, safety, andwelfareof thepublicatall times.The dietetics practitioner will

report inappropriate behavior ortreatment of a client by anotherdietetics practitioner or otherprofessionals.

4. The dietetics practitioner com-plies with all laws and regula-tions applicable or related tothe profession or to the practi-tioners ethical obligations asdescribed in this Code.a. The dietetics practitioner must

not be convicted of a crime un-der the laws of the UnitedStates, whether a felony or amisdemeanor, an essential ele-ment of which is dishonesty.

b. The dietetics practitioner mustnot be disciplined by a state forconduct that would violate oneor more of these principles.

c. The dietetics practitioner mustnot commit an act of misfea-sance or malfeasance that is di-rectly related to the practice ofthe profession as determined bya court of competent jurisdic-tion, a licensing board, or anagency of a governmental body.

5. The dietetics practitioner pro-vides professional services withobjectivity and with respect forthe unique needs and values ofindividuals.a. The dietetics practitioner does

not, in professional practice,discriminate against others onthe basis of race, ethnicity,creed, religion, disability, gen-der, age, gender identity, sex-ual orientation, national origin,economic status, or any otherlegally protected category.

b. The dietetics practitioner pro-vides services inamanner that issensitive to cultural differences.

c. The dietetics practitioner doesnot engage in sexual harass-ment in connection with pro-fessional practice.

6. The dietetics practitioner doesnot engage in false or mislead-ing practices or communica-tions.a. The dietetics practitioner does

not engage in false or decep-tive advertising of his or herservices.

b. The dietetics practitioner pro-motes or endorses specific goodsor products only in a mannerthat is not false andmisleading.

c. The dietetics practitioner pro-vides accurate and truthful in-formation in communicatingwith the public.

0002-8223/09/10908-0018$36.00/0doi: 10.1016/j.jada.2009.06.002

2009 by the American Dietetic Association Journal of the AMERICAN DIETETIC ASSOCIATION 1461

7. The dietetics practitioner with-draws from professional prac-tice when unable to fulfill hisor her professional duties andresponsibilities to clients andothers.a. The dietetics practitioner with-

draws from practice when he/she has engaged in abuse of asubstance such that it could af-fect his or her practice.

b. The dietetics practitioner ceasespractice when he or she has beenadjudged by a court to be men-tally incompetent.

c. The dietetics practitioner willnot engage in practice whenhe or she has a condition thatsubstantially impairs his orher ability to provide effectiveservice to others.

Responsibilities to Clients

8. The dietetics practitioner rec-ognizes and exercises profes-sional judgment within the lim-its of his or her qualificationsand collaborates with others,seeks counsel, or makes refer-rals as appropriate.

9. The dietetics practitioner treatsclients and patients with re-spect and consideration.a. The dietetics practitioner pro-

vides sufficient information toenable clients and others tomake their own informed de-cisions.

b. The dietetics practitioner re-spects the clients right to makedecisions regarding the recom-mended plan of care, includingconsent, modification, or refusal.

10. The dietetics practitioner pro-tects confidential information

andmakes full disclosure aboutany limitations on his or herability to guarantee full confi-dentiality.

11. The dietetics practitioner, indealing with and providingservices to clients and others,complies with the same prin-ciples set forth above in Re-sponsibilities to the Public(Principles #3-7).

Responsibilities to the Profession

12. The dietetics practitioner prac-tices dietetics based on evi-dence-based principles and cur-rent information.

13. The dietetics practitioner pre-sents reliable and substantiatedinformation and interprets con-troversial information withoutpersonal bias, recognizing thatlegitimate differences of opin-ion exist.

14. The dietetics practitioner as-sumes a life-long responsibilityand accountability for personalcompetence in practice, consis-tent with accepted professionalstandards, continually strivingto increase professional knowl-edge and skills and to applythem in practice.

15. The dietetics practitioner isalert to the occurrence of areal or potential conflict ofinterest and takes appropri-ate action whenever a conflictarises.a. The dietetics practitioner makes

full disclosure of any real or per-ceived conflict of interest.

b. When a conflict of interest can-not be resolved by disclosure,

the dietetics practitioner takessuch other action as may be nec-essary to eliminate the conflict,including recusal from an office,position, or practice situation.

16. The dietetics practitioner per-mits the use of his or her namefor the purpose of certifyingthat dietetics services havebeen rendered only if he or shehas provided or supervised theprovision of those services.

17. The dietetics practitioner ac-curately presents professionalqualifications and credentials.a. The dietetics practitioner, in

seeking, maintaining, and us-ing credentials provided byCDR, provides accurate infor-mation and complies with allrequirements imposed by CDR.The dietetics practitioner usesCDR-awarded credentials (RDor Registered Dietitian; DTRor Dietetic Technician, Regis-tered; CS or Certified Special-ist; and FADA or Fellow ofthe American Dietetic Associa-tion) only when the credential iscurrent and authorized by CDR.

b. The dietetics practitioner doesnot aid any other person in vio-lating any CDR requirements,or in representing himself orherself as CDR-credentialedwhen he or she is not.

18. The dietetics practitioner doesnot invite, accept, or offer gifts,monetary incentives, or otherconsiderations that affect orreasonably give an appear-ance of affecting his/her pro-fessional judgment.

Clarification of Principle:a. Whether a gift, incentive, or

other item of considerationshall be viewed to affect, orgive the appearance of affect-ing, a dietetics practitionersprofessional judgment is de-pendent on all factors relatingto the transaction, includingthe amount or value of theconsideration, the likelihoodthat the practitioners judg-ment will or is intended to beaffected, the position held bythe practitioner, and whetherthe consideration is offered orgenerally available to personsother than the practitioner.

b. It shall not be a violation ofthis principle for a dietetics

ADA values Principles

Customer Focus: Meets the needs and exceedsexpectations of internal and external customers

#5, #9

Integrity: Acts ethically with accountability for life-longlearning and commitment to excellence

#1, #2, #4, #5, #6, #7,#10, #11, #12, #13,#17, #18

Innovation: Embraces change with creativity and strategicthinking

Social Responsibility: Makes decisions with considerationfor inclusivity as well as environmental, economic, andsocial implications

#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 ofEthics for the Profession of Dietetics.

1462 August 2009 Volume 109 Number 8

practitioner to accept compen-sation as a consultant or em-ployee or as part of a researchgrant or corporate sponsor-ship program, provided the re-lationship is openly disclosedand the practitioner acts withintegrity in performing theservices or responsibilities.

c. This principle shall not pre-clude a dietetics practitionerfrom accepting gifts of nomi-nal value, attendance at edu-cational programs, meals inconnection with educationalexchanges of information, freesamples of products, or simi-lar items, as long as suchitems are not offered in ex-change for or with the expec-tation of, and do not result in,conduct or services that arecontrary to the practitionersprofessional judgment.

d. The test for appearance of im-propriety is whether the con-duct would create in reason-able minds a perception thatthe dietetics practitionersability to carry out profes-sional responsibilities with in-tegrity, impartiality, and com-petence is impaired.

Responsibilities to Colleagues and OtherProfessionals

19. The dietetics practitioner dem-onstrates respect for the values,rights, knowledge, and skills ofcolleagues and other profes-sionals.a. The dietetics practitioner does

not engage in dishonest, mis-leading, or inappropriate busi-ness practices that demon-strate a disregard for therights or interests of others.

b. The dietetics practitioner pro-vides objective evaluations ofperformance for employees andcoworkers, candidates for em-ployment, students, profes-sional association member-ships, awards, or scholarships,making all reasonable efforts toavoid bias in the professionalevaluation of others.

PROCESS FOR CONSIDERATION OFETHICS ISSUESIn accordance with ADAs Code ofEthics, a process has been established

for consideration of ethics issues. Thisprocess defines the procedure for re-view of and response to ethics com-plaints, including hearings, disciplin-ary action, and appeals. The processwas approved on June 2, 2009, by theADA Board of Directors, the House ofDelegates, and the Commission onDietetic Registration.

CommitteeA three (3)-person committee, com-prised of members of ADA and/or CDR-credentialed practitioners, will be ap-pointed to handle all ethics matters.One person will be appointed each yearby the president-elect of ADA, thechairperson of CDR, or the speaker-elect of the House of Delegates (basedon the expired term). Terms of officewill be for three (3) years. Termswill bestaggered to allow for continuity. Thechairship will rotate among the three(3) committee members. The chairshipwill be awarded to the person movinginto the third year of the three (3)-yearterm of office.The Committee will have authority

to consult with subject experts as nec-essary to conduct its business. TheCommittee may perform such othereducational activities as might benecessary to assist members and cre-dentialed practitioners to understandthe Code of Ethics.

Ethics OpinionsThe Committee may issue opinions onethics issues under the Code of Ethicson its own initiative or in response to amembers or credentialed practitionersrequest. These opinions will be avail-able tomembers and credentialed prac-titioners to guide their conduct, andwill also be available to the public. Sit-uations may be factual or hypothetical,but no names will be disclosed.

Ethics Cases

Preamble. The enforcement proceduresare intended to permit a fair resolutionof disputes on ethical practices in amanner that protects the rights of indi-viduals while promoting understand-ing and ethical practice. The EthicsCommittee has the authority and flex-ibility to determine the best way to re-solve a dispute, including educationalmeans where appropriate.

1. ComplaintA complaint that a member or

credentialed practitioner has al-legedly violated the Code of Eth-ics for the Profession of Dieteticsmust be submitted in writing onthe appropriate form to the Eth-ics Committee.The complaint must be made

within one (1) year of the date thatthe complainant (person makingcomplaint) first became aware ofthe alleged violation or within one(1) year from the issuance of a finaldecision in an administrative, li-censure board, or judicial action in-volving the facts asserted in thecomplaint.The complainant need not be a

member of ADA nor a practitio-ner credentialed by CDR.The complaint must contain de-

tails on the activities complainedof; the basis for complainantsknowledge of these activities;names, addresses, and telephonenumbers of all persons involvedor who might have knowledge ofthe activities; and whether thecomplaint has been submitted toa court, an administrative body,or a state licensure board. Thecomplaint must also cite the sec-tion(s) of the Code of Ethics forthe Profession of Dietetics alleg-edly violated.The complaint must be signed

and sworn to by the complain-ant(s).

2. Preliminary Review of ComplaintThe chair of the Ethics Commit-

tee, legal counsel for ADA, and ap-propriate staff will review the com-plaint to determine whether all therequired information has been sub-mitted by the complainant andwhether an ethics question is in-volved.If a complaint is made regarding

an alleged violation of the Code ofEthics for the Profession of Dietet-ics and a similar complaint is al-ready under consideration regard-ing the same individual by a statelicensure board of examiners, anadministrative body, or a court oflaw, the Ethics Committee will notprocess the complaint until a finaldecision has been issued.

3. ResponseIf the preliminary review deter-

mines that the process shouldproceed, the ADA staff or chair of

August 2009 Journal of the AMERICAN DIETETIC ASSOCIATION 1463

the Ethics Committee will notifythe respondent (person againstwhom the complaint is made)that a complaint has been made.The notice will be sent from the

staff via certified mail, return-re-ceipt requested. The respondentwill be sent a copy of the com-plaint, the Code of Ethics for theProfession of Dietetics, the Re-view Process, and the Response toComplaint form.The respondent will have thirty

(30) days from receipt of the noti-fication in which to submit a re-sponse. The response must besigned and sworn to by the re-spondent(s).If the Ethics Committee does

not receive a response, the chairof the Ethics Committee or his orher designee will contact the re-spondent by telephone. If contactwith the respondent is still notmade, a written notice will besent. Failure to reach the respon-dent will not prevent the Com-mittee from proceeding with theinvestigation.The response submitted to the

Ethics Committee by the respon-dent, may, upon request by thecomplainant, be provided to thecomplainant following the deci-sion of the Committee.

4. Ethics Committee ReviewThe chair of the Ethics Commit-

tee will add the complaint and re-sponse to the Committees agenda,after consultation with legal coun-sel and appropriate staff. The com-plaint and the response will be re-viewed by the Ethics Committee.The Committee has broad dis-

cretion to determine how to pro-ceed, including, but not limited to,dismissing the complaint, request-ing further information from theparties, resolving the case througheducational activities, holding ahearing as specified hereafter, or inany other way deemed advisable.The Committee may use experts toassist it in reviewing the complaintand response and determining fur-ther action.At the appropriate time, the

Ethics Committee will notify thecomplainant and the respondent ofits decision, which may include theCommittees preliminary opinionwith a request that the respondenttake certain actions, including, but

not limited to, successful comple-tion of continuing professional ed-ucation in designated areas, or su-pervised practice based on theterms to be set forth by the Com-mittee.The Ethics Committee may also

recommend appropriate remedialaction to the parties, which if un-dertaken, would resolve the mat-ter.The Ethics Committee may rec-

ommend, in its discretion, that ahearing be held subject to theother provisions of these proce-dures.

5. Licensure Board Action or FinalJudicial or Administrative ActionWhen the Ethics Committee is

informed by a state licensurebody that a person subject to theCode of Ethics for the Professionof Dietetics has had his or herlicense suspended or revoked forreasons covered by the Code, theCommittee may take appropriatedisciplinary action without a for-mal hearing.When a person has been finally

adjudged or has admitted to com-mitting a misdemeanor or felonyas specified in Principle 4 of theCode, the Committee may takeappropriate disciplinary actionwithout a formal hearing.

6. HearingsA. General

Hearings shall be held asdetermined by the EthicsCommittee under the follow-ing guidelines.Hearing dates will be estab-

lished by the chairman of theEthics Committee. All hear-ings will be held in Chicago,IL.The Ethics Committee will

notify the respondent and thecomplainant by certified mail,return-receipt requested, ofthe date, time, and place ofthe hearing.The respondent may re-

quest a copy of the file on thecase and will be allowed atleast one postponement, pro-vided the request for post-ponement is received by ADAat least fourteen (14) days be-fore the hearing date.

B. Conduct of HearingsThe chair of the Ethics Com-

mittee will conduct a hearing

with appropriate staff and le-gal counsel present. Individu-als who have no conflict of in-terest will be appointed.In the event that any Ethics

Committee member cannotserve on the hearing panel forany reason, a replacement willbe appointed by the represen-tative of the original body thatmade the appointment, eitherthe ADA president, the CDRchairperson, or the speaker ofthe House of Delegates as ap-propriate.The parties shall have the

right to appear, to present wit-nesses and evidence, to cross-examine the opposing partyand adverse witnesses, and tohave legal counsel present. Le-gal counsel for the parties mayadvise their clients, but mayonly participate in the hearingswith the permission of thechair.The hearing is the sole op-

portunity for the participantsto present their positions.Three members of the Ethics

Committee shall constitute aquorum. Affirmative vote oftwo thirds (2/3) of the membersvoting will be required to reacha decision.A transcript will be pre-

pared and will be available tothe parties at cost.

C. CostsADA will bear the costs for

the Ethics Committee, legalcounsel, staff, and any otherparties called by ADA. ADAwill bear the travel costs andone (1) nights hotel expensesfor the complainant and re-spondent and one person thateach chooses to bring, pro-vided that such person is nec-essary to the conduct of thehearing as determined by thechair of the Ethics Commit-tee. The Ethics Committeeshall issue regulations to gov-ern the payment of these ex-penses, which shall be incor-porated and made part ofthese procedures.The respondent and the

complainant will be responsi-ble for all costs and fees in-curred in their preparation forand attendance at the hear-

1464 August 2009 Volume 109 Number 8

ing, except expenses for traveland hotel as stated above.

D. DecisionThe Ethics Committee will

render a written decision spec-ifying the reasons thereforeand citing the provision(s) ofthe Code of Ethics for the Pro-fession of Dietetics that mayhave been violated. The Com-mittee will decide that:1) the respondent is acquitted;2) educational opportunities

are pursued;3) the respondent is censured,

placed on probation, sus-pended, or expelled fromADA; and/or

4) the credential of the re-spondent is suspended orrevoked by the CDR of theADA.

The decision of the EthicsCommittee will be sent to therespondent and the complain-ant as soon as practicable af-ter the hearing.

7. Request by Complainant for Re-view of Respondents ResponseThe Ethics Committee will, ex-

cept where the response containsinformation that the Committeedetermines for good reasons shouldnot be shared, grant the request ofa complainant to review the re-sponse received from the respon-dent in an ethics case, provided therequest is made within thirty (30)days of notification of the final ac-tion of the Ethics Committee. Thecomplainant will be required tomaintain confidentiality of the doc-umentation and to refrain fromsharing it with any other third par-ties or individuals. The complain-ant will have twenty (20) days toadvise the Ethics Committee as toany comments, concerns, or issueswith regard to the respondents re-sponse, but the Committee shallhave no obligation to take furtheraction. The respondent will be no-tified of the Committees action torelease the response to the com-plainant.A. The materials describing the

ethics complaint process, in-cluding those materials pro-vided to the complainants andrespondents, shall be amendedto disclose the fact that a re-spondents response may be

made available to the com-plainant.

B. Any request to review the re-spondents response must besubmitted in writing (elec-tronic or mail) no later thanthirty (30) days after final ac-tion by the Committee.

C. ADA staff will notify the Eth-ics Committee of the requestand will provide a timeline foraddressing it.

D. Within five (5) business daysof the request being received,the Committee will advise therespondent that the complain-ant has made the request andis being given access to theresponse. The requested docu-mentation will be sent to thecomplainant via express mailto ensure delivery.

E. The complainant will be re-quired to commit in writing tomaintain the confidentialityof the documentation by sign-ing a statement to this effect.

F. Any comments, concerns, or is-sues with the respondents re-sponse must be communicatedto ADA staff within twenty (20)days in writing (electronic ormail). ADA staff will add thecomplainants comments, con-cerns, or issues onto theagenda of the next Ethics Com-mittee conference call or meet-ing. The Committee will deter-mine whether further action isnecessary and shall communi-cate its determination to thecomplainant.

G. The complainant will returnthe documents after reviewvia UPS at the expense ofADA within twenty-five (25)days.

8. Definitions of Disciplinary ActionCensure: A written reprimand

expressing disapproval of con-duct. It carries no loss of member-ship or registration status, butmay result in removal from officeat the national, state, and districtlevels and from committee mem-bership.Time frame: Not applicable to

the disciplinary action.Probation: A directive to allow

for correction of behavior speci-fied in Principle 7 of the Code ofEthics for the Profession of Die-tetics. It may include mandatory

participation in remedial programs(eg, education, professional coun-seling, and peer assistance). Fail-ure to successfully complete theseprograms may result in other dis-ciplinary action being taken. It car-ries no loss of membership or reg-istration status, but may result inremoval from office at the national,state, and district levels and fromcommittee membership.Time frame: Specified time to be

decided on a case-by-case basis.Suspension: Temporary loss

of membership and all member-ship benefits and privileges for aspecified time with the exceptionof retention of coverage underhealth and disability insurance.ADA group malpractice insur-ance will not be available and willnot be renewed during the sus-pension period.Time frame: Specified time to be

decided on a case-by-case basis.Suspension of Registration:

Temporary loss of credential andall benefits and privileges for aspecified period of time. It mayinclude mandatory participationin remedial programs (eg, educa-tion, professional counseling, andpeer assistance).At the end of the specified sus-

pension period, membership andregistration benefits and privi-leges are automatically restored.Time frame: Specified time to be

decided on a case-by-case basis.Expulsion: Removal frommem-

bership and a loss of all benefits andprivileges.Time frame: May apply for re-

instatement after a five (5)-yearperiod has elapsed or sooner if thebasis for the expulsion has beenremoved, with payment of a rein-statement fee. The individualmust meet membership require-ments in effect at the time of theapplication for reinstatement.Revocation of Credential:

Loss of registration status and re-moval from registry; loss of allbenefits and privileges. Upon re-vocation, the former credentialedpractitioner shall return the reg-istration identification card toCDR.Time frame: Specified time for

reapplication to be decided on acase-by-case basis, but, at mini-mum, current recertification re-

August 2009 Journal of the AMERICAN DIETETIC ASSOCIATION 1465

quirements would need to be met.A credential will not be issued un-til CDR determines that the rea-sons for revocation have been re-moved.

9. AppealsA. General

Only the respondent mayappeal an adverse decision toADA. During the appeals pro-cess, the membership and reg-istration status of the respon-dent remains unchanged.The ADA president, the

chairperson of CDR, and thespeaker of the House of Dele-gates shall each appoint oneperson to hear the appeal.These individuals shall consti-tute the Appeals Committee forthat particular case. Individu-als who have no conflict of in-terest will be appointed.

B. Recourse to the Appeals Com-mitteeTo request a hearing before

the Appeals Committee, therespondent/appellant shallnotify the appropriate staff atADA headquarters, by certi-fied mail, return-receipt re-quested, that the respondentwishes to appeal the decision.This notification must be re-ceived within thirty (30) cal-endar days after receipt of theletter advising the respon-dent/appellant of the EthicsCommittees decision.

C. ContentsThe appeal must be in writ-

ing and contain, at a mini-mum, the following informa-tion:1. The decision being ap-

pealed.2. The date of the decision.3. Why the individual feels

the decision is wrong orwas improperly rendered(See E, Scope of Review).

4. The redress sought by theindividual.

5. The appeal will be signedand sworn to.

If the appeal does not con-tain the information listedabove, it will be returned tothe individual who will begiven ten (10) calendar daysto resubmit. Failure to fur-nish the required information

within ten (10) calendar dayswill result in the appeal beingwaived.

D. ProceduresUpon receipt of this notifi-

cation, appropriate staff shallpromptly notify the chair ofthe Appeals Committee thatthe respondent/appellant isappealing a decision made bythe Ethics Committee.The Appeals Committee

chair shall acknowledge theappeal and request a copy ofthe relevant written informa-tion on the case from appro-priate staff.1. Location and participants

a. All appeals hearings willbe held in Chicago, IL.

b. The complainant/appel-lee, the respondent/ap-pellant, and the chair ofthe Ethics Committeewill have the opportu-nity to participate inthe appeals hearing.

c. The parties may havelegal counsel present,who may advise theirclients, but may onlyparticipate in the hear-ings with the permis-sion of the chair.

d. Attendance at the hear-ing will be limited topersons determined bythe chair to have a di-rect connection with theappeal and appropriatestaff and legal counsel.

2. Conduct of the hearingThe three (3) parties in-

volved in the appeal willbe given the opportunityto state why the decisionand/or disciplinary actionof the Ethics Committeeshould be upheld, modi-fied, or reversed.

E. Scope of ReviewThe Appeals Committee will

only determine whether theEthics Committee committedprocedural error that affectedits decision, whether the EthicsCommittees decision was con-trary to the weight of the evi-dence presented to it, orwhether there is new and sub-stantial evidence that wouldlikely have affected the EthicsCommittees decision that was

unavailable to the parties atthe time of the Ethics Commit-tees hearing for reasons be-yond their control.In reviewing the decision of

the Ethics Committee, the Ap-peals Committee shall consideronly the transcript of the hear-ing and the evidence presentedto the Ethics Committee.

F. Record of HearingA transcript will be pre-

pared and will be maintainedin the case file.

G. Decision of Appeals Committee1. The Appeals Committee

shall prepare a written de-cision stating the reasonstherefore. The decision shallbe to affirm, modify, or re-ject the decision and/or dis-ciplinary action of the Eth-ics Committee or to remandthe case to the Ethics Com-mittee with instructions forfurther proceedings.

2. Decisions of the AppealsCommittee will be final.

H. CostsADA will bear the costs for

the Appeals Committee, staff,and legal counsel, and any par-ties called by ADA. ADA willbear the travel and one nightshotel expenses for the respon-dent/appellant, the complain-ant/appellee, and the chair ofthe Ethics Committee. TheEthics Committee shall issueregulations to govern the pay-ment of these expenses, whichshall be incorporated andmadepart of this procedure.The respondent/appellant and

the complainant/appellee willbe responsible for all costs andfees incurred in their prepara-tion for and attendance at thehearing, except expenses fortravel and hotel as stated above.

10. Notification of Adverse ActionIf the respondent is disciplined

by the Ethics Committee anddoes not appeal the decision, thechair of the Ethics Committeewill notify the appropriate ADAorganizational units, CDR, theaffiliate dietetic association, ap-propriate licensure boards, andgovernmental and private bodieswithin thirty (30) days after noti-fication of the final decision.In the event the respondent ap-

1466 August 2009 Volume 109 Number 8

peals a decision to discipline himor her and the Ethics Committeedecision is affirmed or modified,similar notification will be madeby the chair of the Ethics Com-mittee.In response to an inquiry about

registration status, the Office onDietetic Credentialing will stateonly whether a person is cur-rently registered.

11. Record KeepingA. Records will be kept for a pe-

riod of time after the disposi-tion of the case in accordancewith ADAs record retentionpolicy.

B. Information will be providedonly upon written request andaffirmative response fromADAslegal counsel.

12. Confidentiality ProceduresThe following procedures have

been developed to protect the con-fidentiality of both the complain-ant and the respondent in the in-vestigation of a complaint of analleged violation of the Code ofEthics for the Profession of Die-tetics:A. The need for confidentiality

will be stressed in initial com-munications with all parties.

B. Committee members will re-frain from discussing the com-plaint and hearing outside ofofficial committee business per-taining to the complaint andhearing.

C. If the hearing on a complaintcarries over to the next Com-mittee, the complaint will beheard by the original Commit-tee to hear the complaint.

D. Communication with ADA wit-nesses will be the responsibil-ity of the Committee chair orstaff liaison.

E. Witnesses who testify on behalfof ADA will be informed of theconfidentiality requirementsand agree to abide by them.

F. The Committee chair willstress the importance of confi-

dentiality at the time of thehearing.

G. To ensure confidentiality, theonly record of the hearing willbe the official transcript andaccompanying materials, whichwill be kept at ADA offices. Allother materials that weremailed or distributed to com-mittee members should be re-turned to ADA staff, alongwith any notes taken by Com-mittee members.

H. The transcript will be avail-able if there is an appeal ofthe Ethics Committees deci-sion and only to the parties,Ethics Committee members,Appeals Committee members,ADA legal counsel, and staffdirectly involved with theappeal.

Recognition is given to the members of the Code of Ethics Task Force for theircontributions:Marianne Smith Edge, MS, RD, LD, FADA, Chair; Alice BethJ. 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. CraigBusey, JD, former ADA Legal Counsel.

August 2009 Journal of the AMERICAN DIETETIC ASSOCIATION 1467