1
LEGISLATIVE HIGHUGHTS icensure of dietitians and nutritionists icensure of dietitians and nutritionists began in Puerto Rico in 1974. Since then, 29 states have enacted some form of regulation. Nineteen states have a licensure law, nine have a certification law, and one (California) has registration. Definitions of licensure, statutory certification, and registra- tion are as follows. Licensing statutes include an explicitly defined scope of practice. In states with such statutes, practice in the profession is illegal without first obtaining a license from the state. Statutory certification limits use of particular titles to persons meeting predetermined requirements, but persons not certified can still practice the occupation or profession. In Georgia, Missis- sippi, and Oregon, these laws provide the certified practitioner with a license, and are termed "voluntary licensing" laws by these states. Several states that have certification are seeking legisla- tion to upgrade their bills to stricter licensure laws. Registration is the least restrictive form of a state regulation; it protects the use of the title by individuals not meeting state- mandated qualifications. As with certification, unregistered per- sons are permitted to practice the profession. Typically with registration, examinations are not given and enforcement of the registration is minimal. No state test is given and no fees are collected. Licensure is a state regulation. Each state has its own regula- tions, and a dietitian licensure bill must be written to comply with each state's legal requirements. This means that, regulations required in one state may not apply in another state. Several areas that differ are educational requirements, amount of continuing education needed, cost of licensure, legal recourse, and which practitioners are regulated. The American Dietetic Association coordinates its licensure activities from the Division of Government Affairs in Washington, DC. Many states have been actively developing licensure bills, and a number of state licensure bills will be introduced in the 1993- 1994 legislative sessions. To become involved with your state's licensure efforts, contact your State Licensure Chairperson or the Division of Government Affairs in Washington, DC; 202/371-0500. STATES THAT REGULATE THE PRACTICE OF DIETITIANS/NUTRITIONISTS The following list gives the status of state laws regulating the practice of dietitians and nutritionists. States not listed do not have such laws. The date in parentheses, unless otherwise noted, is the date the law was enacted. ALABAMA (1989)' - licensing of dietitian-nutritionists ARKANSAS (1989) - licensing of dietitians CALIFORNIA (1982) - registration 2 of dietitians DISTRICT OF COLUMBIA (1986) - licensing of dietitians and nutrition ists FLORIDA (1988) - licensing of dietitian-nutritionists and nutrition counselors GEORGIA (1989)' - certification 3 of dietitians ILLINOIS (1991) - licensing of dietitians and nutrition counselors IOWA (1985) - licensing of dietitians KANSAS (1989)1 - licensing of dietitians KENTUCKY (1988) - certification of dietitians and nutritionists LOUISIANA (1987)1 - licensing of dietitian-nutritionists MAINE (1987)' - licensing of dietitians and dietetic technicians MARYLAND (1989)' - licensing of dietitians and nutritionists MississiPPi (1986) - certification 3 of dietitians and protection of nutritionist title MONTANA (1987,1983) - licensing of nutritionists and protection of dietitian title NEBRASKA (1988) - certification of nutritionists NEW MEXICO (1989) - licensing of dietitians, nutritionists, and nutrition associates NEW YORK (1991) - certification of dietitians and nutritionists NORTH CAROLINA (1991) - licensing of dietitians and nutritionists NORTH DAKOTA (1989)' - licensing of dietitians and certification 3 of nutritionists OHIO (1986) - licensing of dietitians OKLAHOMA (1984) - licensing of dietitians OREGON (1989) - certification' of dietitians PUERTO RIco (1974)' - licensing of dietitians and nutritionists RHODE ISLAND (1991)' - licensing of dietitians and nutritionists TENNESSEE (1987) - licensing of dietitians-nutritionists TEXAS (1983) - certification 3 of dietitians UTAH (1986) - certification of dietitians WASHINGTON (1988) - certification of dietitians and nutritionists Year amended or reauthorized. 2 This is an entitlement law, which prohibits the use of the title by individuals not meeting state-mandated qualifications. 3 These laws provide the certified practitioner with a license and are termed "voluntary licensing" laws. 272 / MARCH 1993 VOLUME 93 NUMBER 3

Licensure of dietitians and nutritionists

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LEGISLATIVE HIGHUGHTS

icensure of dietitians and nutritionists

icensure of dietitians and nutritionists began in Puerto Ricoin 1974. Since then, 29 states have enacted some form ofregulation. Nineteen states have a licensure law, nine have a

certification law, and one (California) has registration.Definitions of licensure, statutory certification, and registra-

tion are as follows. Licensing statutes include an explicitly definedscope of practice. In states with such statutes, practice in theprofession is illegal without first obtaining a license from the state.

Statutory certification limits use of particular titles to personsmeeting predetermined requirements, but persons not certifiedcan still practice the occupation or profession. In Georgia, Missis-sippi, and Oregon, these laws provide the certified practitionerwith a license, and are termed "voluntary licensing" laws by thesestates. Several states that have certification are seeking legisla-tion to upgrade their bills to stricter licensure laws.

Registration is the least restrictive form of a state regulation; itprotects the use of the title by individuals not meeting state-mandated qualifications. As with certification, unregistered per-sons are permitted to practice the profession. Typically withregistration, examinations are not given and enforcement of theregistration is minimal. No state test is given and no fees arecollected.

Licensure is a state regulation. Each state has its own regula-tions, and a dietitian licensure bill must be written to comply witheach state's legal requirements. This means that, regulationsrequired in one state may not apply in another state. Several areasthat differ are educational requirements, amount of continuingeducation needed, cost of licensure, legal recourse, and whichpractitioners are regulated.

The American Dietetic Association coordinates its licensureactivities from the Division of Government Affairs in Washington,DC. Many states have been actively developing licensure bills, anda number of state licensure bills will be introduced in the 1993-1994 legislative sessions. To become involved with your state'slicensure efforts, contact your State Licensure Chairperson or theDivision of Government Affairs in Washington, DC; 202/371-0500.

STATES THAT REGULATE THE PRACTICE OFDIETITIANS/NUTRITIONISTSThe following list gives the status of state laws regulating thepractice of dietitians and nutritionists. States not listed do nothave such laws. The date in parentheses, unless otherwise noted,is the date the law was enacted.

ALABAMA (1989)' - licensing of dietitian-nutritionistsARKANSAS (1989) - licensing of dietitiansCALIFORNIA (1982) - registration 2 of dietitiansDISTRICT OF COLUMBIA (1986) - licensing of dietitians and nutrition

istsFLORIDA (1988) - licensing of dietitian-nutritionists and nutrition

counselorsGEORGIA (1989)' - certification 3 of dietitiansILLINOIS (1991) - licensing of dietitians and nutrition counselorsIOWA (1985) - licensing of dietitiansKANSAS (1989)1 - licensing of dietitiansKENTUCKY (1988) - certification of dietitians and nutritionistsLOUISIANA (1987)1 - licensing of dietitian-nutritionistsMAINE (1987)' - licensing of dietitians and dietetic techniciansMARYLAND (1989)' - licensing of dietitians and nutritionistsMississiPPi (1986) - certification 3 of dietitians and protection of

nutritionist titleMONTANA (1987,1983) - licensing of nutritionists and protection

of dietitian titleNEBRASKA (1988) - certification of nutritionistsNEW MEXICO (1989) - licensing of dietitians, nutritionists, and

nutrition associatesNEW YORK (1991) - certification of dietitians and nutritionistsNORTH CAROLINA (1991) - licensing of dietitians and nutritionistsNORTH DAKOTA (1989)' - licensing of dietitians and certification3

of nutritionistsOHIO (1986) - licensing of dietitiansOKLAHOMA (1984) - licensing of dietitiansOREGON (1989) - certification' of dietitiansPUERTO RIco (1974)' - licensing of dietitians and nutritionistsRHODE ISLAND (1991)' - licensing of dietitians and nutritionistsTENNESSEE (1987) - licensing of dietitians-nutritionistsTEXAS (1983) - certification 3 of dietitiansUTAH (1986) - certification of dietitiansWASHINGTON (1988) - certification of dietitians and nutritionists

Year amended or reauthorized.2 This is an entitlement law, which prohibits the use of the title byindividuals not meeting state-mandated qualifications.3 These laws provide the certified practitioner with a license and aretermed "voluntary licensing" laws.

272 / MARCH 1993 VOLUME 93 NUMBER 3