Can I Practice in This State?
RDNs looking to move, practice telehealth, or otherwise practice dietetics and nutrition or provide medical nutrition therapy (MNT) to individuals in another state should be aware of certain legal implications. Forty-seven states, Puerto Rico, and the District of Columbia currently have statutory provisions regulating the dietetics profession or associated titles such as dietitian and nutritionist.
Members should consider several legal implications, including 1) dietetics licensure and any associated practice exclusivity requirement that one be licensed to practice, 2) exemptions that may enable one to practice even without being licensed, and 3) other restrictions related to telehealth, but not specific to any particular profession.
Licensure and Other State Professional Regulation
States typically regulate the profession of dietetics using one or both of the following provisions:
Practice Exclusivity: The statute either broadly precludes the practice of dietetics and nutrition or (more narrowly) the provision of medical nutrition therapy without a state-issued license. The twenty-seven states and the District of Columbia regulating the practice of dietetics or MNT and are colored red or yellow on the map, showing that one needs to be licensed in order to practice there, although there may be exemptions enabling practice for a short duration or for a small subset of dietetics and nutrition services. These states usually also regulate use of certain titles through a title protection provision as described below.
Title Protection: The statute restricts the use of one or more specified titles, which may include “registered dietitian,” “registered dietitian nutritionist,” “licensed dietitian,” “licensed dietitian nutritionist,” “LD,” “LDN,” or other titles. States prohibit any public representation of one’s qualifications as making them eligible to practice as a licensed dietitian nutritionist, but the statute does not restrict the actual practice of dietetics or medical nutrition therapy. For purposes of employment or reimbursement, some states may require or verify that an individual is (or is not) a li-censed dietitian nutritionist. All states with licensure or certification include title protection provisions in their statutes. In addition to the 27 states that have practice exclusivity clauses requiring a license to practice, 20 additional states also limit the use of titles to certain qualified individuals without requiring a li-cense to practice. Of these seventeen limit the titles to licensed or certified individuals, while California, Colorado and Virginia implicitly or explicitly accept current CDR registration as adequate evidence to support use of these titles.
Some states (as shown in the map below) offer exemptions to licensure requirements under certain circumstances, including allowing:
Practicing for a limited, specified period of time, such as up to five days consecutively or a maximum of thirty days per year;
Practicing under another state’s license, if the requirements for licensure in the other state are substantially similar to those of the desired state;
Practicing obesity or weight loss counseling under certain circumstances, such as helping a client follow a program developed by an RDN or physician, or other qualified individual; or
Practicing solely via non-individualized group therapy sessions
As the Academy cannot provide individual legal advice, we encourage you to contact the State licensing agency or board to determine any specific legal obligations.
Some states specifically restrict practice to providers who hold a state-issued telehealth certificate or other similar permissions. To verify the status of any state, we encourage members to review relevant state laws collected by a trusted group, such as the Center for Connected Health Policy. To see specific relevant laws about a particular state’s rules about cross-state licensing, for example, click that state, select “Cross-state Licensing” from the first drop-down menu, and click “Apply.”
Note that some of these laws and regulations may only apply to physicians; that is, non-physician providers may not be required to obtain such permission. To confirm if such special permission is required, click the “Source” link under “Cross-state Licensing” to find the relevant regulation, which will identify the state agency who issues such permission. Review the state’s statutory or regulatory language or confer with that state’s licensure board or referenced state agency for specific questions about applicability.