Kentucky Licensure Law
In 1994 Kentucky amended its statutes and passed a licensure law which regulates and defines the scope of practice in nutrition. An individual must be licensed as a dietitian within the state to practice dietetics.Practice of dietetics is defined the integration and application of principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve and maintain a through the life cycle and in the treatment of disease. The primary function of dietetic/nutrition practice is the provision of nutrition care services.
Exceptions include:
1. It shall be unlawful for any person to engage in the practice of dietetics or nutrition, to act or to represent himself to be a dietitian or a nutritionist, or to use such titles as “dietitian”, “nutritionist”, “licensed dietitian”, “certified nutritionist,” or such letters as “L.D.,” “C.N.,” or any word, letters, or title indicating or implying that the person is a dietitian or nutritionist, unless that person holds a license or certificate issued by the board.
2. Nothing in this act shall be construed to prevent or restrict:
A. A person licensed in this state from carrying out any therapy or practice for which he is duly licensed, including but no limited to physicians, osteopaths, podiatrists, chiropractors, dentists, and nurses;
B. A student enrolled in an approved academic program in dietetics, if the practice constitutes a part of a course of study under the supervision of a licensed dietitian or certified nutritionist. The student shall be designated by title clearly indicating his status as a student or trainee;
C. A dietitian serving in the Armed Forces, the Public Health Service of the United States, or employed by the Veterans Administration from engaging in the practice of dietetics, if that practice is related to his service or employment;
D. Persons performing the activities and services of a nutrition educator in the employment of a federal, state, county, or municipal agency or in an elementary or secondary school or accredited degree granting educational institution, if the activities and services are part of a salaried position.
E. Federal, state, county, or municipal employees involved with nutrition related programs, including but not limited to, the cooperative extension services, child nutrition programs, and Project Headstart from engaging in the practice of dietetics or nutrition within the discharge of their official duties. Any person engaging in the practice of dietetic or nutrition outside the scope of his official duties shall be licensed as provided in their act; or
F. Persons employed in a hospital or nursing home from performing dietary services under the supervision of a licensed dietitian.
G. The provisions of this act shall not apply to a person who owns a health food store or who manufactures, distributes, or sells health foods, dietary supplements, or vitamins nor shall the provisions of this act be construed to affect any person who provides nutritional or dietary advice or sells nutritional or dietary supplements if the person does not use the title dietitian, licensed dietitian, or certified nutritionist.
THE FINAL PROVISION APPEARS TO PROTECT INDIVIDUALS PROVIDING NUTRITIONAL ADVICE AS LONG AS SAID INDIVIDUALS DO NOT USE THE TERMS DIETITIAN, LICENSED DIETITIAN, OR CERTIFIED NUTRITIONIST.
However, nutrition and weight management are beyond the scope of practice for allied health fitness professionals and can result in possible harm to clients. Another serious concern is the possibility of litigation. For these reasons, it is advised that all individuals confer with a licensed dietitian when providing such services.
ALL NUTRITION MANAGER CONSULTANTS SIGN AN AGREEMENT WITH LIFESTYLE MANAGEMENT ASSOCIATES TO CONFER WITH AN AASDN PROFESSIONAL.
Although every attempt has been made to summarize the state licensure statutes, to provide health professionals with accurate statements regarding individual state regulations, Lifestyle Management Associates cannot guarantee that all information is current at all points in time, and cannot guarantee or be held responsible for any misinterpretations of the law. Every attempt has been made to persuade all allied health professionals to associate with registered, licensed dietitians.
For more detailed information on the licensure laws of this state and to obtain state licensure agency contact information visit www.cdrnet.org/certifications/licensure/index.htm.
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