Kentucky Statutes 310.070 – Unlawful practice or use of title — Exceptions
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(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 chapter 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 not 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 United States Department of Veterans Affairs 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 dietetics or nutrition outside the scope of his official duties shall be licensed as provided in this chapter; or
(f) Persons employed in a hospital or nursing home from performing dietary services under the supervision of a licensed dietitian.
(3) The provisions of this chapter 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 chapter be construed to affect any other 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.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 15, effective June 29, 2017. — Created 1994 Ky. Acts ch. 319, sec. 4, effective July 15, 1994.
(2) Nothing in this chapter shall be construed to prevent or restrict:
Terms Used In Kentucky Statutes 310.070
- Board: means the Kentucky Board of Licensure and Certification for Dietitians and Nutritionists. See Kentucky Statutes 310.005
- Certificate: means a certificate issued by the board. See Kentucky Statutes 310.005
- Certified nutritionist: means a person certified by the board and qualified pursuant to the criteria as established in KRS §. See Kentucky Statutes 310.005
- Federal: refers to the United States. See Kentucky Statutes 446.010
- License: means a license issued by the board. See Kentucky Statutes 310.005
- Licensed dietitian: means a person licensed by the board and qualified pursuant to
the criteria as established in KRS §. See Kentucky Statutes 310.005 - Nutritionist: means a health care professional practicing nutrition and certified pursuant to KRS §. See Kentucky Statutes 310.005
- Practice of dietetics or nutrition: means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, and management, and the behavioral and social sciences in achieving and maintaining the health of people through the life cycle and in the treatment of disease. See Kentucky Statutes 310.005
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) A person licensed in this state from carrying out any therapy or practice for which he is duly licensed, including but not 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 United States Department of Veterans Affairs 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 dietetics or nutrition outside the scope of his official duties shall be licensed as provided in this chapter; or
(f) Persons employed in a hospital or nursing home from performing dietary services under the supervision of a licensed dietitian.
(3) The provisions of this chapter 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 chapter be construed to affect any other 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.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 15, effective June 29, 2017. — Created 1994 Ky. Acts ch. 319, sec. 4, effective July 15, 1994.