Section 0470-01-.03 - NECESSITY OF LICENSURE(1) It is unlawful for any person who is not licensed in the manner prescribed in T.C.A. §§ 63-25-101,etseq., to represent himself as a dietitian or a nutritionist or to hold himself out to the public as being licensed by means of using a title on signs, mailboxes, address plates, stationery, announcements, telephone listings, calling cards, or other instruments of professional identification or to use such titles as "dietitian/nutritionist", "licensed dietitian", "licensed nutritionist" or such letters as "L.D.N L.D." or "L.N.".(2) Dietitian/Nutritionist is one of the healing arts and as such the practice of which is restricted to those persons credentialed by the board. Persons engaging in the practice of dietetics/nutrition without being credentialed or expressly exempted by the law are in violation of T.C.A. § 63-1-123.(3) Nothing in these rules shall be construed to constrict or limit:(a) The Medical Practice Act, Osteopathy Practice Act, Nursing Practice Act or other licensed health professionals who are currently authorized to practice nutrition in their scope of practice from engaging in the practice of dietetics/nutrition in accordance with their scope of practice of their professions.(b) Students enrolled in an approved academic program in dietetics when such practice constitutes a part of a supervised course of study and such student is designated by a title clearly indicating his student or trainee status.(c) Dietitians serving in the armed forces, U.S. public health service or employees of the Veterans Administration if such practice is related to such service or employment.(d) Nutrition educators employed by a federal, state, county, or municipal agency or an elementary or secondary school or accredited degree granting educational institution.(e) Federal, state, county or local employees involved with nutrition-related programs within the discharge of their official duties.(f) Persons employed in a hospital or nursing home and subject to licensure by the Tennessee Board for Licensing Health Care Facilities.(g) Persons not holding themselves out to be licensed and/or registered dietitians/nutritionists of the right to provide services and information related to non-medical nutrition if: 1. Employed by or operating a health weight loss or fitness program;2. Employed by or operating a health food store;3. 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;4. Conducting classes or disseminating information related to non-medical nutrition.Tenn. Comp. R. & Regs. 0470-01-.03
Original rule filed March 26, 1990; effective May 10, 1990. Repeal and new rule filed December 18, 1995; effective March 1, 1996.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-123, 63-25-102, 63-25-104, 63-25-105, and 63-25-107.