Nebraska is an Exclusive Scope of Practice State and licenses dietitians as “licensed medical nutrition therapists.” Only a licensed medical nutrition therapist can provide nutrition care including assessment, goal setting, counseling, or advice. The law in Nebraska is restrictive, and holistic nutrition professionals must use caution when working with individuals. Practitioners should focus on providing general nutrition information on healthy lifestyles and nutrition advice that applies to the general public for “normal nutritional needs throughout the lifecycle.” Do not assess or individualize a nutrition plan/recommendations in the State of Nebraska. There is an exemption allowing unlicensed practitioners the ability to provide General Nutrition Services and is annotated as defined in the Nebraska Statutes as 38-1807
Exemptions/Exceptions:
Nebraska defines General nutrition services:
38-1807. General nutrition services.
General nutrition services include, but are not limited to:
(1) Identifying the nutritional needs of individuals and groups in relation to normal nutritional requirements; and
(2) Planning, implementing, and evaluating nutrition education programs for individuals and groups in the selection of food to meet normal nutritional needs throughout the life cycle.
Nebraska further defines activities that are not subject to licensing:
38-1812. License required; activities not subject to act.
No person shall practice medical nutrition therapy unless he or she is licensed for such purpose pursuant to the Uniform Credentialing Act. The practice of medical nutrition therapy shall not include:
(1) Any person credentialed in this State pursuant to the Uniform Credentialing Act and engaging in such profession or occupation for which he or she is credentialed;
(2) Any student engaged in an academic program under the supervision of a licensed medical nutrition therapist as part of a major course of study in human nutrition, food and nutrition, or dietetics, or an equivalent major course of study approved by the board, and who is designated with a title which clearly indicates the person’s status as a student or trainee;
(3) Persons practicing medical nutrition therapy who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;
(4) Persons practicing medical nutrition therapy who are licensed in another state, United States possession, or country, or have received at least a baccalaureate degree, and are in this State for the purpose of:
(a) Consultation if the practice in this State is limited to consultation; or
(b) Conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or postgraduate education which is sponsored by a dietetic education program or a major course of study in human nutrition, food and nutrition, or dietetics, or an equivalent major course of study approved by the board;
(5) Persons performing general nutrition services incidental to the practice of the profession insofar as it does not exceed the scope of their education and training;
(6) Persons who market or distribute food, food materials, or dietary supplements, including persons employed in health food stores, or persons engaged in the advising of the use of those products, or the preparation of those products, or the counseling of individuals or groups in the selection of products to meet general nutrition needs;
(7) Persons conducting classes or disseminating information related to general nutrition services;
(8) Persons who care for the sick in accordance with the tenets and practices of any bona fide church or religious denomination;
(9) Persons who provide information and instructions regarding food intake or exercise as a part of a weight control program; and
(10) Persons with advanced postgraduate degrees involved in academic teaching or research.
Source: Laws 2020, TITLE 172, CHAPTER 61
