Legislative Affairs > State Laws

Delaware

Delaware is an Exclusive Scope of Practice State and the law requires a license to practice dietetic and nutrition therapy. This includes assessing an individual’s specific nutritional needs and the development of an intervention or individualized nutrition plan. You may not use the protected titles of “nutritionist” or “dietitian” unless you are licensed by the state of Delaware.

EXEMPTIONS:

You may provide nutrition and dietetic therapy without a license if you are employed by the United States federal or the Delaware state government.

Herbalists, retailers, or other persons who do not hold themselves out to be a dietitian or nutritionist may make recommendations regarding lifestyle, or market, distribute, sell, or recommend, advise, or furnish non-fraudulent information about, herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, foods, other food supplements, or dietary supplements. For purposes of this paragraph, “fraud” shall be defined as an intentional misrepresentation for financial gain. Legitimate disagreement about the role of the above-listed nutrients and foods as they apply to human nutrition shall not, in and of itself, constitute fraud.

A person presenting a general program of instruction for weight control need not be a Licensed Dietitian/Nutritionist provided the general program is approved in writing by:

  1. A dietitian registered by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; or
  2. A licensed physician.

https://delcode.delaware.gov/title24/c038/

Source: Section 3801 of the Delaware Code 

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