practicing in Florida?

[KimJM]

Is anyone practicing in Florida? I was wondering what the restrictions are in this state for a Nutritional Consultant or Holistic Health Practitioner.  I tried doing a little research and it doesn't look promising, but I'm not good at navigating through government sites and may be misinterpreting what I read.  Also does anyone have a list of the states that DO allow Nutrition Consultants to practice besides CA.  Thanks for your help!
Kim
 

[Karen Rotstein]

Hello Kim,
There a couple of ways that you can obtain information about practicing nutrition in certain states.  For a current listing of how each state is regulated, you may use the following link www.cdrnet.org.  Once you are there, click on Certification & Licenture, then State Licenture Information, then Laws that Regulate Dietitians/Nutritionists.  Here you will find the terms of regulation and a list all regulated states (46) and to what degree they are regulated.

You may also contact the National Association of Nutrition Professionals (NANP),  www.nanp.org.  If you go to their Directory, you can search for a city and find members in that area. We encourage Bauman College students and graduates to become members of NANP, in order to keep abreast of the latest developments in the field of nutrition.  Professional malpractice insurance is also available through NANP.  Feel free to contact NANP by phone or email for more information. 

Here is another link to a site that has a good overview of the various state's laws:
http://lifestylemanagement.com/licensure_laws.htm 

[blujay]

Does some of the same regulations on practicing as a Nutritional Consultant in other states apply to a Nutritional educator?

jay

[Karen Rotstein]

In general, Nutrition Educators are fine to teach nutrition to individuals and to groups. They must beware of not practicing MEDICAL NUTRITION, which is the legal right of dietitians in states where there is a dietetics law. The key is to focus on health in building and never disease to stay in an educational role giving references for any guidelines that are suggested.
 
That said, NE's are best to call themselves Health Educators with a specialty in nutrition education, and never 'nutritionists' which is someone with a Masters in Nutrition.
 
I hope this provides some clarity on this question.
 

[Marlina E]

Clarification of Legality Issues

The above link to www.cdrnet.org was a bit misleading as we understand that the person answering questions through that link about CA legality issues is not aware of two factors.  One, that in a state without a licensure requirement, it is legal to practice in the said profession.  Two, California has passed Senate Bill SB-577 in 2003 which adds protection to alternative practitioners, including nutritionists.

SB 577, authored by Senate Pro Tem John Burton (D-San Francisco), provides that a person practicing in California is not in violation of certain provisions of the Medical Practice Act (that prohibit the practice of medicine to anyone who is not a licensed physician) as long as that person does not engage in certain specified medical acts. It also requires specified disclosures to each client about practitioner training and method of treatment. Client receipt of disclosure materials must be acknowledged in writing.  Click here for the bill text:  http://info.sen.ca.gov/pub/01-02/bill/sen/sb_0551-0600/sb_577_bill_20020819_enrolled.html

Please see the attached files below for a patient information write-up and a sample form that a nutritionist should use in the state of CA.  Discussion of this topic and the appropriate way to conduct business are a part of the Bauman College curriculum.

Now on to other states:  It is clear that one may work legally as a Nutrition Educator/ Nutrition Consultant in the following states with our certification:
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Maine
Mississippi
Missouri
Nebraska
Nevada
New Hampshire
New Jersey
New York
North Dakota
Oklahoma
Oregon
South Carolina
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Read on for further information about Minnesota, California, Rhode Island, Idaho, Louisiana, Okalahoma and New Mexico

The above listed states are all states that do not have a licensure requirement for nutritionists.  Only a licensure requirement creates a defined scope of practice for which performance of the profession is illegal without first obtaining a license from the state.

Although there are some states that are not included on the above list, the application for nutritional knowledge extends far beyond simply working as a practitioner.  The laws are always changing (health freedom legislation is on the rise!), the variety of job opportunities where nutritional knowledge is helpful if not essential is also increasing --natural food stores, marketing reps/consumer education for supplement/product companies, publishing companies and weight loss centers to name a few. 

The state of New Mexico has recently passed Health Freedom legislation that makes it LEGAL for Complementary and Alternative Healthcare Practitioners to perform "healing practices utilizing food, dietary supplements, nutrients and the physical forces of heat, cold, water, touch and light; ..."

Like similar legislation in Minnesota, California, Rhode Island, Idaho, Louisiana and Okalahoma, New Mexico now protects a variety of independent healthcare practitioners from charges of practicing medicine without a license.

You can read the full legislation here:  http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=RqHs4ZdmHgAY8NgfadAEI%2BeQZHwbCgEy