2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1812 - License required; consultation required for practice; activities not subject to licensure.

38-1812.
License required; consultation required for practice; activities not subject to licensure.
No person shall practice medical nutrition therapy unless licensed for such purpose pursuant to the Uniform Credentialing Act. The practice of medical nutrition therapy shall be provided with the consultation of a physician licensed pursuant to section 38-2026 or sections 38-2029 to 38-2033, a nurse practitioner licensed pursuant to section 38-2317, or a physician assistant licensed pursuant to section 38-2049. The Medical Nutrition Therapy Practice Act shall not be construed to require a license under the act in order to:
(1) Practice medical nutrition therapy within the scope of the official duties of an employee of the state or federal government or while serving in the armed forces of the United States;
(2) Engage in practice within the scope of a credential issued under the Uniform Credentialing Act;
(3) Practice medical nutrition therapy as a student while pursuing a course of study leading to a degree in dietetics, nutrition, or an equivalent major course of study from an accredited school or program as part of a supervised course of study, if all of the following apply: (a) The person is not engaged in the unrestricted practice of medical nutrition therapy; (b) the person uses a title clearly indicating the person's status as a student or trainee; and (c) the person is in compliance with appropriate supervision requirements developed by the board, including the requirement that the supervised practice experience must be under the order, control, and full professional responsibility of such supervisor. Nothing in this subdivision shall be construed to permit students, trainees, or supervisees to practice medical nutrition therapy other than as specifically allowed in this subdivision and as provided in section 38-1822;
(4) Be employed as a nutrition or dietetic technician or other food service professional who is working in a hospital setting or other regulated health care facility or program and who has been trained and is supervised while engaged in the provision of medical nutrition therapy by an individual licensed pursuant to the Medical Nutrition Therapy Practice Act whose services are retained by that facility or program on a full-time or regular, part-time, or consultant basis;
(5) Provide individualized nutrition information, guidance, motivation, nutrition recommendations, behavior change management, health coaching, holistic and wellness education, or other nutrition-care services that do not constitute medical nutrition therapy as long as such activity is being performed by a person who is not licensed under the Medical Nutrition Therapy Practice Act and who is not acting in the capacity of or claiming to be a licensed dietitian nutritionist or licensed nutritionist;
(6) Accept or transmit written, verbal, delegated, or electromagnetically transmitted orders for medical nutrition therapy from a referring provider by a registered nurse or licensed practical nurse;
(7) Provide medical nutrition therapy without remuneration to family members;
(8) Aide in the provision of medical nutrition therapy if:
(a) The person performs nutrition-care services at the direction of an individual licensed under the Uniform Credentialing Act whose scope of practice includes provision of medical nutrition therapy; and
(b) The person performs only support activities of medical nutrition therapy that do not require the exercise of independent judgment for which a license under the Medical Nutrition Therapy Practice Act is required;
(9) Practice medical nutrition therapy if the practitioner is licensed in another state, United States territory, or country, has received at least a baccalaureate degree, and is 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;
(10) Perform individualized general nutrition-care services, not constituting medical nutrition therapy, incidental to the practice of the profession insofar as it does not exceed the scope of the person's education and training;
(11) Market or distribute food, food materials, or dietary supplements, advise regarding the use of those products or the preparation of those products, or counsel individuals or groups in the selection of products to meet general nutrition needs;
(12) Conduct classes or disseminate general nonmedical nutrition information;
(13) Provide care for the sick in accordance with the tenets and practices of any bona fide church or religious denomination;
(14) Practice medical nutrition therapy for the limited purpose of education and research by any person with a master's or doctoral degree from a United States accredited college or university with a major course of study in nutrition or an equivalent course of study as approved by the department;
(15) Provide information and instructions regarding food intake or exercise as a part of a weight control program;
(16) Participate in academic teaching or research with an advanced postgraduate degree; and
(17) Present a general program of instruction for medical weight control for an individual with prediabetes or obesity if the program has been approved in writing by, consultation is available from, and no program change is initiated without prior approval from, any one of the following:
(a) A licensed dietitian nutritionist or a licensed nutritionist;
(b) A registered dietitian or registered dietitian nutritionist;
(c) A certified nutritionist specialist; or
(d) A licensed health care practitioner acting within the scope of such practitioner's license as part of a plan of care.
Source
Laws 1988, LB 557, § 3;
Laws 1995, LB 406, § 22;
R.S.1943, (2003), § 71-1,287;
Laws 2007, LB463, § 634;
Laws 2023, LB227, § 43.
Operative Date: September 2, 2023