Legislative Affairs > State Laws

West Virginia

West Virginia law provides for the licensure of dietitians and protects the titles “licensed dietitian” and “registered dietitian.” The law specifically defines a scope of practice regarding medical nutrition therapy, stating:

§30-35-2a. Scope of practice.

(a) The primary scope of practice of licensed dietitians is the provision of medical nutrition therapy. Licensed dietitians may also perform other nutrition-related services to promote the general health, well-being and the prevention of chronic diseases or conditions.

(b) Nothing in this article may be construed to prohibit or otherwise limit the practice of a profession by persons who are licensed, certified or registered under the laws of this state and who are performing services within their authorized scope of practice.

§30-35-14. Prohibitions and penalties.

(a) It is a misdemeanor for any person, corporation or association to:

(1) Sell, fraudulently obtain, furnish or assist in selling, fraudulently obtaining or furnishing any dietitian license or license record;

(2) Engage in the practice as a licensed dietitian under cover of any diploma, license or record illegally or fraudulently obtained;

(3) Represent or imply to the public that he or she is authorized to use the title “dietitian” or “licensed dietitian” or any other title intended to convey that impression, unless duly licensed pursuant to the provisions of this article;

(4) Engage in the practice as a licensed dietitian during the time his or her license is suspended or revoked; or

(5) Otherwise violate any provisions of this article.

(b) Any person, corporation or association who violates the provisions of subsection (a) of this section or any rule promulgated under this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for each offense.

EXEMPTIONS:

West Virginia law is not clear on how holistic nutrition professionals may practice, therefore the NANP urges caution. Work within your scope of practice, and if a client has a medical condition refer that client to a licensed medical provider.

Sources: West Virginia Code, Chapter 30, Article 35:

https://code.wvlegislature.gov/30-35/

https://code.wvlegislature.gov/30-35-14/

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