Legislative Affairs > State Laws

South Dakota

South Dakota is an Exclusive Scope of Practice State. The law requires a license to provide nutrition care, and only dietitians may obtain a license. This law prevents holistic nutrition professionals from assessing the nutritional needs of individuals or groups. You may not state or imply that you are licensed, registered, or certified by the state or use the protected title of “dietitian” or “nutritionist.” There are exemptions for holistic nutrition professionals, which will allow you to practice in the state of South Dakota.

EXEMPTIONS:

36-10B-15. Related activities not requiring licensure as a nutritionist or dietitian.

This chapter does not prohibit:

(3)    Any person, including a dietetic technician or other paraprofessionals, from working in a program supervised by a licensed nutritionist, if the person’s activities are within the scope of the person’s designated education and training and if the person does not use the title nutritionist or dietitian unless licensed;

(4)    A nutritionist or dietitian who is serving in the armed forces, public health services of the United States, or Veterans Administration from engaging in the practice of nutrition and dietetics if such practice is related to such service or employment;

(5)    Any person who does not represent himself as a licensed dietitian or licensed nutritionist from furnishing information on food, food materials, or dietary supplements or from engaging in the explanation to customers about food, food materials, or dietary supplements in connection with the marketing and distribution of these products;

(6)    Any person who provides weight control services from providing those services if the program has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by a licensed nutritionist or a licensed nutritionist from another state that has licensure requirements at least as stringent as the requirements for licensure under this chapter, or from a dietitian registered by the commission;

(7)    Any person licensed to practice medicine, nursing, pharmacy, dentistry, or chiropractic from advising patients on nutrition when nutrition practice is incidental to the practice of the person’s profession and the person does not use the title nutritionist or dietitian unless so licensed;

(8)    Any educator employed by a federal, state, county, or municipal agency, elementary or secondary school, accredited college or university, or nonprofit agency, from giving advice on nutrition if the person’s activities are within the scope of the person’s employment and the person does not use the title nutritionist or dietitian unless licensed.

Sources:  Codified Laws, CHAPTER 36-10B

Exemptions: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=36-10B-15

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