Nebraska Statutes 38-1812. License or Compact Privilege required; consultation required for practice; activities not subject to licensure
No person shall practice medical nutrition therapy unless such person is licensed for such purpose pursuant to the Uniform Credentialing Act or holds a Compact Privilege under the Dietitian Licensure Compact. 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:
Terms Used In Nebraska Statutes 38-1812
- Appropriate supervision: means the specific type, intensity, and frequency of supervision determined by an assessment of a combination of factors, which include discipline, level of education and experience of the supervisee, and assigned level of responsibility. See Nebraska Statutes 38-1803.01
- Board: means the Board of Medical Nutrition Therapy. See Nebraska Statutes 38-1805
- Consultation: means conferring with a physician, nurse practitioner, or physician assistant regarding the provision of medical nutrition therapy. See Nebraska Statutes 38-1806
- General nonmedical nutrition information: means information on any of the following:
(1) Principles of good nutrition and food preparation. See Nebraska Statutes 38-1807
- Licensed dietitian nutritionist: means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to section Nebraska Statutes 38-1808
- Licensed nutritionist: means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to section Nebraska Statutes 38-1808.01
- Medical nutrition therapy: means the assessment of the nutritional status of patients and the provision of the following nutrition-care services for the treatment or management of a disease or medical condition by:
(1) Assessing and evaluating the nutritional needs of people and groups and determining resources and constraints in the practice setting, including ordering laboratory tests to check and track nutrition status, creating dietary plans and orders, and monitoring the effectiveness of such plans and orders. See Nebraska Statutes 38-1809
- Nutrition-care services: means any or all of the following services provided within a systematic process:
(1) Assessing and evaluating the nutritional needs of people and groups and determining resources and constraints in the practice setting, including ordering laboratory tests to check and track nutrition status, creating dietary plans and orders, and monitoring the effectiveness of such plans and orders. See Nebraska Statutes 38-1809.01
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Registered dietitian or registered dietitian nutritionist: means a person who is currently registered as a registered dietitian or a registered dietitian nutritionist by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or a similar successor entity approved by the department. See Nebraska Statutes 38-1810.04
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(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) Aid 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.