Tennessee

Tennessee is a Title Protection State that licenses dietitians working as “licensed dietitians” and “nutritionists” as licensed nutritionists. It is unlawful for any person who is not licensed by the state to use protected titles found in 63-25-104.

63-25-104. Prohibited representations – License required –

(a) Except as otherwise provided under this chapter:

(1) Only a licensed dietitian may engage in the practice of dietetics and the practice of nutrition to the extent such services constitute medical nutrition therapy;

(2) Only a licensed nutritionist may engage in the practice of nutrition to the extent such services constitute medical nutrition therapy;

(3) A person shall not designate or hold the person’s self out as a licensed dietitian or use or assume the titles “licensed dietitian,” “dietitian,” “dietitian nutritionist,” “nutritionist,” or another title indicating that the person is a licensed dietitian or append to or use in conjunction with that person’s name the letters “LD” unless the person is a licensed dietitian pursuant to this chapter; and

(4) A person shall not designate or hold the person’s self out as a licensed nutritionist or use or assume the title “licensed nutritionist,” “nutritionist,” or another title indicating that the person is a licensed nutritionist or append to or use in conjunction with that person’s name the letters “LN” unless the person is a licensed nutritionist pursuant to this chapter.

(b) A violation of subsection (a) or (b) is a Class A misdemeanor.

(c) This chapter does not apply to a person licensed to practice medicine or osteopathic medicine pursuant to chapter 6 or 9 of this title.

EXEMPTIONS – This chapter does not prohibit or restrict:

(1) A person qualified and licensed to practice another health profession from engaging in the practice of medical nutrition therapy when incidental to the practice of the person’s profession;

(2) A student or trainee from engaging in the practice of medical nutrition

therapy, as long as the student or trainee meets the following conditions:

(A) The student or trainee practices as a part of a course of study

or as part of a planned, continuous supervised practice experience to

satisfy educational or supervised practice experience requirements

pursuant to § 63-25-108;

(B) The student or trainee who is completing supervised practice experience practices no more than five (5) years after completing the education requirements, as described in § 63-25-108;

(D) The student or trainee does not engage in the unrestricted practice of medical nutrition therapy; and

(E) The student or trainee uses a title that clearly indicates the student or trainee is a student, intern, trainee, or supervisee while practicing;

(3) A dietitian or nutritionist who is serving in the armed forces or the United States public health service or is employed by the United States veteran’s administration from engaging in the practice of medical nutrition therapy or using government-issued titles related to such service or employment;

(4) A person performing an activity and service of a nutrition educator in the employment of a federal, state, county, or municipal agency, an elementary or secondary school, or accredited degree granting educational institution, insofar as such activity and service are part of a salaried position and the activity or service does not constitute the provision of medical nutrition therapy;

(5) A person who is employed by this state, a county, a municipal agency, or a political subdivision, or a person who contracts with the foregoing, for the purpose of providing nutrition services for the special supplemental nutrition program for women, infants, and children (WIC) from providing nutrition care services utilizing the title of “nutritionist” within the discharge of the person’s official duty;

(6) A person who does not represent themselves using a title pursuant to this section who is providing medical weight control for obesity for one (1) of the

following:

(A) An instructional program that has been approved in writing by

at least one (1) of the following:

(i) A dietitian or nutritionist licensed in this state; or

(ii) A healthcare practitioner licensed or certified in this state whose authorized scope of practice includes medical nutrition therapy; or

(B) A plan of care that is overseen by a healthcare professional licensed in this state whose scope of practice authorizes the healthcare professional to provide and delegate medical nutrition therapy as long as the medical weight control service is not discretionary and does not require the exercise of professional judgment;

(7) A person who disseminates non-individualized, written, general non-

medical nutrition information in connection with the marketing and distribution of dietary supplements, foods, herbs, or food materials including any of the following, as long as such information does not constitute medical nutrition therapy and the person does not use a title protected under this section:

(A) An explanation of federally regulated label claims for dietary supplements, foods, herbs, or food materials;

(B) Any known drug-nutrient interactions regarding dietary supplements, foods, herbs, or food materials;

(D) Suggestions on how best to use and combine dietary supplements, foods, herbs, or food materials;

(8) A person who identifies as using earned, federally trademarked

dietetic or nutrition credentials as long as the person does not represent the person’s self using general titles protected under this section and does not offer or provide services that constitute medical nutrition therapy unless the person is also licensed under this chapter or otherwise exempt;

(9) A person who provides individualized nutrition recommendations for the wellness and primary prevention of chronic disease, health coaching, holistic and wellness education, guidance, motivation, behavior change management, services for non-medical weight control, or other nutrition care services if the following applies:

(A) The service does not constitute medical nutrition therapy;

(B) The person does not represent the person’s self using titles protected pursuant to this section; and

(C) The person does not hold the person’s self out as licensed or qualified to engage in the practice of medical nutrition therapy; or

(10) An out-of-state dietitian or nutritionist who provides medical nutrition therapy services via telehealth to a patient located in this state if the out-of-state practitioner is a dietitian or nutritionist licensed or certified in good standing in any state or United States territory who provides medical nutrition therapy services via telehealth and meets one (1) of the following conditions:

(A) Works in consultation with a medical nutrition therapy practitioner licensed in this state who has a practitioner-patient relationship with the patient;

(B) Provides services to a patient whom the practitioner has a current practitioner-patient relationship and the patient is temporarily present in this state; or

(C) Provides services pursuant to a current practitioner-patient relationship and such care is limited to either a temporary or short-term follow-up medical nutrition therapy service to ensure continuity of care.

Tennessee

Categories