2010 Tennessee Code
Title 63 - Professions Of The Healing Arts
Chapter 25 - Dietetics and Nutrition
63-25-104 - Prohibited representations License required Construction.

63-25-104. Prohibited representations License required Construction.

(a)  It is unlawful for any person to engage in the practice of dietetics/nutrition, to act or represent such person to be a dietitian or a nutritionist or to use such titles as “dietitian/nutritionist,” “licensed dietitian,” “licensed nutritionist,” or such letters as “L.D.,” “L.N.,” or any facsimile thereof, or any word, letters or title indicating or implying that such person is a dietitian/nutritionist, unless such person holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board.

(b)  Nothing in this chapter shall be construed to affect, prevent or restrict:

     (1)  Persons qualified and licensed to practice other health professions from engaging in the practice of dietetics/nutrition when incidental to the practice of their profession. This chapter shall in no way apply to persons licensed to practice medicine or osteopathic medicine pursuant to chapters 6 and 9 of this title;

     (2)  Students enrolled in an approved academic program in dietetics, if such practice constitutes a part of a supervised course of study and such student is designated by title clearly indicating such student's status as a student or trainee;

     (3)  A dietitian serving in the armed forces or the public health service of the United States or employed by the Veterans Administration from engaging in the practice of dietetics; provided, that such practice is related to such service or employment;

     (4)  Persons performing the activities and services of a nutrition educator in the employment of a federal, state, county or municipal agency or an elementary or secondary school or accredited degree granting educational institution, insofar as such activities and services are part of a salaried position;

     (5)  Federal, state, county or local employees involved with nutrition-related programs, including, but not limited to, the cooperative extension service, child nutrition programs and Project Headstart from engaging in the practice of dietetics/nutrition within the discharge of their official duties; provided, that any such person engaging in dietetic/nutrition practice outside the scope of such official duty must be licensed as provided in this section;

     (6)  Persons employed in a hospital or nursing home as defined in § 68-11-201 and subject to licensure by the Tennessee board for licensing health care facilities; or

     (7)  Persons who do not hold themselves out to be licensed and/or registered dietitians/nutritionists of the right to provide services and information related to non-medical nutrition while:

          (A)  Employed by or operating a health weight loss or fitness program;

          (B)  Employed by or operating a health food store;

          (C)  Employed by or operating a business that sells health products, including dietary supplements, food or food materials, or provides non-medical nutritional information or distributes nutritional literature; or

          (D)  Conducting classes or disseminating information related to non-medical nutrition.

“Non-medical” means engaging in any practice that does not constitute the practice of medicine, osteopathy, chiropractic, dentistry or podiatry.

[Acts 1987, ch. 384, § 5; 1994, ch. 901, § 4.]  

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