Section 5.02 - Code of Ethics268 CMR 5.02 is applicable to and governs the practice, standards and conduct of all Licensed Dietitians and Nutritionists and Applicants certified and regulated by the Board.
(1) Professional Representation and Responsibilities: Licensees shall conduct themselves with honesty, integrity and fairness:
(a) Licensees shall practice based upon scientific principles and current information.(b) Licensees shall assume responsibility and accountability for personal competence in practice, continually striving to increase professional knowledge and skills and to apply them to practice. Services rendered should be evaluated to determine effectiveness. If not effective, and benefit cannot reasonably be expected to accrue, professional services should not be initiated or continued. Licensee shall take all reasonable precautions to avoid injuring persons in the delivery of professional services.(c) Licensees shall recognize and exercise professional judgment within the limits of their qualifications and collaborate with others, seek counsel, or make referrals as appropriate. Licensees shall not provide any services beyond the scope of their practice or for which they are not appropriately licensed.(d) Licensees shall not misrepresent their qualifications, credentials, affiliations, educational background, or experience to the public, to colleagues, or to other individuals or institutions.(e) Licensees shall fully inform persons served of the nature, possible effects, and limitations of services rendered or to be rendered. Licensees shall not make any false or misleading claims about the efficacy of any services, products, or methods of treatment.(f) Licensees shall explain in full to the person being served those activities engaged in for experimental or teaching purposes. Written consent must be obtained prior to providing such services.(g) Licensees shall permit the use of their name for the purpose of certifying that professional services have been rendered only if they have provided or supervised the provision of those services.(h) Licensees shall maintain knowledge and skills required for continuing professional competence.(i) Licensees shall not abuse or become dependent upon alcohol or drugs in a manner that detrimentally affects the provision of professional services and shall immediately and voluntarily withdraw from professional practice under any, but not limited to, the following circumstances:1. engaging in any substance abuse that could affect practice;2. receiving a judgment by a court of mental incompetence; or3. suffering from emotional, mental or physical disability affecting practice in a manner that could harm a client or others.(j) Licensees shall not make any false, misleading or deceptive claims in any advertisement, announcement, or in competitive bidding. The following advertising practices are considered fraudulent, false, deceptive, or misleading and are prohibited: 1. advertising that contains a misrepresentation of facts or false statement regarding the licensee's professional achievements, degrees, trained skills and qualifications;2. advertising that makes only a partial disclosure of relevant facts; and3. advertising that contains any representation, statement or claim that the Board determines is misleading or deceptive to the public.(k) Licensees shall not aid or abet, directly or indirectly, the practice of dietetics/nutrition by any person not duly authorized under the laws of Massachusetts.(l) Licensees shall at all times conduct professional activities in conformity with federal, state and municipal laws, ordinances and/or regulations, including 268 CMR 1.00 through 6.00.(m) Licensees shall comply with all applicable laws and regulations and are subject to disciplinary action by the Board under the following circumstances and as further provided for by 268 CMR 6.02: Grounds for Discipline: 1. conviction, or submission to the facts, of a crime that is a felony or misdemeanor, which reasonably call into question the moral character of the licensee or may be related to the practice of the profession as determined by the Board;2. discipline by any jurisdiction with at least one of the grounds for the discipline expressed in 268 CMR 6.02, or substantially equivalent to, any of said principles;3. committing an act of misfeasance or malfeasance, which is directly related to the practice of the profession as determined by a court of competent jurisdiction, a licensing board, or an agency of a government body.(n) Licensees shall support and promote high standards of professional practice and accept the obligation to protect clients, the public, and the profession by upholding the Code of Ethics; and, each licensee has an affirmative duty to report any known, or reasonably suspected, violation of said Code to the Board.