North Dakota Code 43-44-10 – Persons excepted from license requirement
This chapter does not prevent or restrict the practice, services, or activities of:
Terms Used In North Dakota Code 43-44-10
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. A licensed health care practitioner duly licensed in accordance with title 43 who is acting within the scope of the individual‘s licensed profession, consistent with the accepted standards of the practitioner’s profession, if the practitioner does not represent the practitioner as a licensed registered dietitian, nutritionist, or licensed nutritionist.
2. A student or trainee, working under the onsite supervision of a qualified supervisor while fulfilling an experience requirement or pursuing a course of study to meet the licensure requirements of section 43-44-07 or 43-44-08, for a time period of no more than five years after the student or trainee completed the course requirements for licensure and the student or trainee is designated by a title that clearly indicates that individual’s status as a student or trainee.
3. An individual providing support activities related to medical nutrition therapy, if the individual works under the general supervision of a registered dietitian licensed by this board, licensed nutritionist licensed by this board, or other health care practitioner licensed by the appropriate North Dakota board whose licensed scope of practice includes the provision of nutrition care services for the purpose of managing a disease or medical condition.
4. An individual providing nutrition care services for the purpose of treating or managing a disease or medical condition as a duty of serving in the armed forces.
5. A foreign practitioner providing nutrition care services for the purpose of treating or managing a disease or medical condition in this state if the practitioner is acting within the scope of practice designated by the foreign practitioner’s license and by this title without obtaining a license if the services are provided through a remote means and are a continuation of an existing relationship between the foreign practitioner and the individual receiving the services which was formed in the state or jurisdiction in which the foreign practitioner is currently licensed.
6. A foreign practitioner providing nutrition care services for the purpose of treating or managing a disease or medical condition in this state if the practitioner is acting within the scope of practice designated by the foreign practitioner’s license and this title without obtaining a license if the services are provided in consultation with a person licensed by the board and if the foreign practitioner has no direct communication in this state with the individual receiving the services except in the presence of the individual licensed by the board. Both the foreign practitioner and the individual licensed by the board are responsible for the services provided.
7. An educator who is in the employ of a federal, state, county, or municipal agency, or other political subdivision, or an elementary or secondary school, or an accredited institution of higher education insofar as the activities and services are part of the duties of the employee’s position and do not involve provision of medical nutrition therapy; or who is in the employ or service of a nonprofit organization approved by the board.
8. An individual having received a baccalaureate degree in home economics or family and consumer sciences, if the individual does not represent that the individual is a licensed registered dietitian, nutritionist, or licensed nutritionist, insofar as the services and activities are within the scope of that individual’s education and training.
9. An individual who markets or distributes food, food materials, herbs, or dietary supplements, or any individual who engages in the advising of the use of those products, or the preparation of those products, or the counseling of individuals or groups in the selection of products to meet normal nutritional needs, if that individual does not represent that individual is a licensed registered dietitian, nutritionist, or licensed nutritionist.
10. An individual from providing nutrition information, individualized nutrition recommendations, health coaching, holistic and wellness education, guidance, motivation, behavior change management, nonmedical weight control, or other nutrition care services if the services do not constitute medical nutrition therapy and the individual does not hold the individual out as a licensed registered dietitian, nutritionist, or licensed nutritionist or as a provider of medical nutrition therapy or otherwise violate provisions of this chapter.
11. An individual providing medical weight control services for individuals with prediabetes or obesity:
a. Under a program of instruction approved in writing by one of the following: (1) A licensed registered dietitian or licensed nutritionist in this state; (2) A dietitian nutritionist or nutritionist licensed in another state that has licensure requirements at least as stringent as the licensure requirements under this chapter, as determined by the board; (3) A registered dietitian nutritionist; or
(4) A certified nutrition specialist; or
b. As part of a plan of care overseen by a health care practitioner licensed in this state and acting within the scope of the individual’s licensed profession, consistent with the accepted standards of the practitioner’s profession to provide nutrition care services for the purpose of treatment or management of a disease or medical condition.
12. An individual who provides nutrition care services without remuneration to family members.