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310.070 Unlawful practice or use of title -- Exceptions.
(1)
(2)
(3)
It shall be unlawful for any person to engage in the practice of dietetics or
nutrition, to act or to represent himself to be a dietitian or a nutritionist, or to
use such titles as "dietitian," "nutritionist," "licensed dietitian," "certified
nutritionist," or such letters as "L.D.," "C.N.," or any word, letters, or title
indicating or implying that the person is a dietitian or nutritionist, unless that
person holds a license or certificate issued by the board.
Nothing in this chapter shall be construed to prevent or restrict:
(a) A person licensed in this state from carrying out any therapy or practice
for which he is duly licensed, including but not limited to physicians,
osteopaths, podiatrists, chiropractors, dentists, and nurses;
(b) A student enrolled in an approved academic program in dietetics, if the
practice constitutes a part of a course of study under the supervision of a
licensed dietitian or certified nutritionist. The student shall be designated
by title clearly indicating his status as a student or trainee;
(c) A dietitian serving in the Armed Forces, the Public Health Service of the
United States, or employed by the Veterans Administration from engaging
in the practice of dietetics, if that practice is related to his service or
employment;
(d) Persons performing the activities and services of a nutrition educator in
the employment of a federal, state, county, or municipal agency or in an
elementary or secondary school or accredited degree granting
educational institution, if the activities and services are part of a salaried
position;
(e) Federal, state, county, or municipal employees involved with nutrition
related programs, including but not limited to, the cooperative extension
services, child nutrition programs, and Project Headstart from engaging in
the practice of dietetics or nutrition within the discharge of their official
duties. Any person engaging in the practice of dietetics or nutrition outside
the scope of his official duties shall be licensed as provided in this
chapter; or
(f) Persons employed in a hospital or nursing home from performing dietary
services under the supervision of a licensed dietitian.
The provisions of this chapter shall not apply to a person who owns a health
food store or who manufactures, distributes, or sells health foods, dietary
supplements, or vitamins nor shall the provisions of this chapter be construed
to affect any other person who provides nutritional or dietary advice or sells
nutritional or dietary supplements if the person does not use the title dietitian,
licensed dietitian, or certified nutritionist.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 319, sec. 4, effective July 15, 1994.
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