Nutrition licensing, certification, and other practice laws govern who can use nutrition tools in clinical practice. Additionally, there are licensing laws for many professions that may reference the use of nutrition care as part of the profession’s legal scope of practice. A practitioner should be familiar with all laws that impact their right to use nutrition care in their practice.
There are five scenarios in which you, the health professional, can legally use nutrition tools in your practice:
- You are Licensed as Nutritionist/Dietitian – You are a nutritionist and/or dietitian whose academic training, professional credential, and professional experience meet the law’s specifications to be licensed in your state.
- Your Healthcare License Includes Nutrition – Your profession is licensed in your state and your defined scope of practice includes language outlining the use of specific nutrition tools as part of your practice (e.g. dietary counseling, supplements, herbal therapy).
- Your Healthcare License is Exempt from Nutrition Law – Your profession is licensed in your state and the nutrition law contains an exemption for “licensed health professionals” in general, or your profession specifically, to freely use nutrition tools, or to use nutrition tools as an adjunct to your primary profession.
- You Are Exempt From Licensure – Your profession or work in the community is not licensed but you are identified in the state nutrition law as being exempt from requiring a nutrition license to use some or all stated nutrition tools.
- Nutrition Care is not Criminalized – The nutrition licensure law does not criminalize people who do not have the license but rather protects the use of the titles Nutritionist and/or Dietitian, or there is no licensure law for nutrition in your state
View the professions below to learn more about how nutrition laws may affect you. If your situation does not match one of these scenarios, we encourage you to double check your state’s laws and consider consulting an attorney before practicing or using nutrition tools.
Acupuncturist
State licensure and regulations for acupuncturists vary from state to state, and not all states regulate acupuncture. In a state with an exclusive scope of practice nutrition law, it is illegal for an acupuncturist without a nutrition/dietetics license to provide nutrition or herb counseling unless:
- The practitioner has a state license or state certification that recognizes nutrition counseling as part of the legal scope of practice; or
- The practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Advanced Practice Registered Nurse
Advanced Practice Registered Nurses are regulated in every state, but the inclusion of language concerning nutrition care in these laws varies widely from state to state. In many states, the broad nature of an advanced practice nursing scope of practice could be interpreted to include the use of nutrition tools.
Athletic Trainer
Athletic trainers are regulated in almost every state, but the inclusion of language concerning nutrition care in these laws varies widely from state to state. Some states do not mention nutrition in the law, and some include dietary protocols and interventions for performance, injury, and general health and wellbeing. In a state with an exclusive scope of practice nutrition law, it is illegal for an athletic trainer without a nutrition/dietetics license to provide nutrition counseling unless:
- The practitioner has a state license or state certification that recognizes nutrition counseling as part of the legal scope of practice; or
- The practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Chiropractor
Chiropractors are regulated in every state, but the inclusion of language concerning nutrition care in these laws varies widely from state to state. Some states do not mention nutrition in the law, some include all aspects of nutrition counseling, and others limit nutrition counseling to aspects related to the spine. In a state with an exclusive scope of practice nutrition law, it is illegal for a chiropractor without a nutrition/dietetics license to provide nutrition counseling unless:
- The practitioner has a state license or state certification that recognizes nutrition counseling as part of the legal scope of practice; or
- The practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Health/Wellness Coach
Health and/or wellness coaches are not state licensed or state certified in any state. Health and wellness coaching as a field includes a variety of practitioners providing a diversity of wellness services. In a state with an exclusive scope of practice nutrition law, it is illegal for a health/wellness coach without a nutrition/dietetics license to provide nutrition counseling unless the practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law. Many of these state laws allow coaches to provide general nonmedical nutrition information, and others may have laws protecting the use of complementary and alternative practices without the need for a license.
Visit the Council on Holistic Health Educators website for more information.
Herbalist
Herbalists are not currently licensed or state certified in any state. Practicing herbalists interested in using nutrition tools are subject to the statutes of the relevant nutrition laws for their state. In a state with an exclusive scope of practice nutrition law, it is illegal for an herbalist without a nutrition/dietetics license to provide services unless the practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Visit the American Herbalists Guild website for more information.
Massage Therapist
Massage therapists are regulated in most states, but language concerning nutrition care in these laws is rarely included. In a state with an exclusive scope of practice nutrition law, it is illegal for a massage therapist without a nutrition/dietetics license to provide nutrition counseling unless:
- The practitioner has a state license or state certification that recognizes nutrition counseling as part of the legal scope of practice; or
- The practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Mental Health Professional
There are a variety of practitioners who fall under the umbrella of mental health professionals, and each practitioner type may be regulated differently state to state. In a state with an exclusive scope of practice nutrition law, it is illegal for a mental health professional without a nutrition/dietetics license to provide nutrition counseling unless:
- The practitioner has a state license or state certification that recognizes nutrition counseling as part of the legal scope of practice; or
- The practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Naturopathic Physician
State licensure and regulations for naturopathic physicians vary from state to state, and not all states regulate naturopathy. Some state laws for naturopathic physicians explicitly include nutrition therapy. In a state with an exclusive scope of practice nutrition law, it is illegal for a naturopathic physician without a nutrition/dietetics license to provide nutrition or herb counseling unless:
- The practitioner has a state license or state certification that recognizes nutrition counseling as part of the legal scope of practice; or
- The practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Personal Trainer/Fitness Coach
Personal trainers/fitness coaches are not currently licensed or state certified in any state. Practicing herbalists interested in using nutrition tools are subject to the statutes of the relevant nutrition laws for their state. In a state with an exclusive scope of practice nutrition law, it is illegal for a personal trainer/fitness coach without a nutrition/dietetics license to use nutrition tools in their work unless the practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Visit the American Council on Exercise website for more information.
Pharmacist
Pharmacists are regulated in every state, but the inclusion of language concerning nutrition care in these laws varies widely from state to state. In many states, the broad nature of a pharmacy scope of practice could be interpreted to include the use of nutrition tools. Some state laws explicitly include the use of nutrition as it relates to promoting health and preventing disease, while others limit the use of nutrition to counseling about food-drug interactions. In a state with an exclusive scope of practice nutrition law, it is illegal for a pharmacist without a nutrition/dietetics license to provide nutrition counseling unless:
- The practitioner has a state license or state certification that recognizes nutrition counseling as part of the legal scope of practice; or
- The practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law.
Retailer
Food and supplement retail employees are not state licensed or state certified in any state. In a state with an exclusive scope of practice nutrition law, it is illegal for a retail employee without a nutrition/dietetics license to provide nutrition counseling unless the practitioner’s nutrition guidance is covered under an exemption to the nutrition/dietetics licensing law. Many of these state laws allow retailers to offer guidance, advice, and information about the products they sell, and others may have laws protecting the use of complementary and alternative practices without the need for a license.
This is a preliminary interpretation of language of state statutes and regulations, and cannot substitute for legal counsel. The American Nutrition Association provides links to other websites as a resource, and cannot verify the accuracy or endorse the content of an external site.