Ohio Board of Dietetics Continuing Education Self-Instructional Module

JURISPRUDENCE 2013

Topic:Unlicensed Practice

This continuing education module will provide current legal information on the topic of unlicensed dietetic practice for individuals eligible for a license and individuals who are not.

Objectives: Upon completion of this program, the learner will be able to:

Define what is considered unlicensed practice;
Explain the role of the limited permit and RD credential;
Explain when licensure is required in various employment situations;
Explain the role of assistive personnel in dietetic practice;
Discuss types of penalties associated with unlicensed practice;
Earn 1 CPEU in OBD approved jurisprudence continuing education upon correctly answering greater than or equal to 70% of the questions on the associated quiz.

The practice of dietetics in Ohio is defined as follows in4759.01 of the Ohio Revised Code (ORC):

Nutritional assessments to determine nutritional needs and recommending appropriate nutritional intake,
Nutritional counseling or education as components of preventive, curative and restorative health care and/or
Development, administration, evaluation, and consultation regarding nutritional care standards.

Anyone performing the above listed activities must hold an active dietetic license in Ohio.

Licensure is mandatory for dietitians in Ohio and must be obtained before engaging in the practice of dietetics. It is important to emphasize that licensure requirements in no way restrict an employer from offering a job to a potentially qualified dietitian. However, it should be understood by all parties that until a license or limited permit is issued by the Board, the individual may not practice dietetics.

A limited permit to practice dietetics is issued in Ohio to an individual who meets requirements set forth in Ohio Revised Code 4759.06(F). These requirements include evidence that they have received a baccalaureate or higher degree in a program consistent with the academic standards for dietitians established by the Academy of Nutrition and Dietetics and has successfully completed a pre-professional dietetic experience approved by the Academy. The limited permit holder has the same privileges as a licensed dietitian in Ohio. The Ohio Board of Dietetics requires an individual issued a limited permit take the examination approved by the Board under division (A)(1) of Ohio Revised Code 4759.05 within seven months of the limited permit’s issue date.

There are no exemptions which permitlicense applicants to practice while their application is being processed. Merely having their work co-signed or supervised by another licensed dietitian is not sufficient and is not a replacement for licensure.

Also, it is important to understand the differences between the national credential of the Commission on Dietetic Registration (CDR) for registered dietitians (RD) and state licensure requirements. The RD status does not authorize individuals to practice in Ohio without first obtaining a license. Licensure laws are state specific, enacted through the legislative process and regulated by a professional licensing board or agency. It is a violation of Ohio law to practice dietetics without a valid license or permit and penalties do apply.

Directors of nutrition departments, dietetic educators of practitioners, administrative and management dietitians are required to be licensed in Ohio if they are:

Involved with the development of care practice standards for the delivery of nutrition services;
Involved in the development and implementation of nutritional guidelines and protocols;
Involved with the supervision of dietary personnel who are involved in any of the above activities.

If unlicensed dietitians or other healthcare workers are still wondering if licensure is required, Ohio Administrative Code 4759-2-01 provides several definitions which may provide assistance.

Division (C): Nutrition education means a planned program based on learning objectives with expected outcomes designed to modify nutrition related behaviors.
Division (D): Nutrition care standards are policies and procedures pertaining to the provision of nutritional care in institutional and community settings.
Division (E): Nutritional care is the application of the science of nutrition in the health and disease of people.

For the safety and welfare of the public, tasks which require the skill, knowledge and judgment of a licensed dietitian should not be delegated to others. Assistive personnel in institutions, home healthcare, fitness facilities and other settings who are not licensed or exempted may not practice dietetics. Some examples of tasks which are not considered the practice of dietetics and may be completed by an unlicensed health provider include:

Collection of Nutritional Data which may include:

Nutrient intake and output
Nutrient preferences and intolerances
Nutrition related data entry

Implementation of Nutrition Care Plans may include:

Providing encouragement and support for general health behavior changes
Reporting responses to nutrition care plan

Monitoring Nutrition Progress may include:

Observing and recording nutritional intake without interpretation
Recording anthropometric measurements
Providing general non-medical nutrition information

Penalties apply to individuals who engage in the practice of dietetics without a current valid license. For individuals who have a degree in dietetics and meet requirements for licensure Section 4759.07 (A) of the Ohio Revised Code states:

The Ohio Board of Dietetics may in accordance with Chapter 119 of the Ohio Revised Code may refuse to issue, review or renew, or may suspend, revoke or impose probationary conditions upon any license or permit to practice dietetics.

For individuals who do not meet requirements for licensure the Board may apply to the court of common pleas of the county in which the violation is occurring for an injunction or restraining order to prohibit the continued violation.

In conclusion, The Ohio Board of Dietetics strives to protect the public through enforcement of The Laws and Rules Governing the Practice of Dietetics in the State of Ohio. Dietetic licensure is mandatory and must in place before practicing. Individuals not eligible for a license must either meet exemption requirements or refrain from dietetic practice.

Now that you have completed the “Unlicensed Practice” module you may proceed to take the quiz.