Guidance for Dietitians, Nutritionists, and Others Integrating Nutrition into Their Practices

Addressing common scope of practice concerns

Jackson LLP collaborates with dietitians and nutritionists to ensure compliance with the diverse laws governing nutrition services in the states we serve. Each jurisdiction takes a different approach: some require licensure for the practice of dietetics or nutrition, while others impose fewer restrictions or carve out exceptions for licensed healthcare professionals practicing within their scope. Our attorneys also advise retail pharmacies, health food businesses, supplement companies, and related ventures to ensure their activities do not unlawfully overlap with the scope of licensed nutrition practice.

Whether you’re a licensed dietitian, nutritionist, or another type of healthcare provider looking to further integrate nutrition into your practice, the attorneys at Jackson LLP can help.

Integrating Nutrition Into Your Existing Business or Practice

It is common for physical therapists, nurse practitioners, and mental health practices to inquire about integrating nutrition services into their practices. While it’s important to first address whether such work falls within the provider’s scope of practice, many other issues also may arise:

• Do fee-splitting prohibitions bar the proposed financial arrangement?
• Are you qualified to oversee a nutritionist’s 900-hour supervision requirement? What liability and ethical concerns might such arrangements create?
• Do referrals to your in-practice nutritionist or dietitian violate anti-kickback laws?
• Are the nutrition services you want to offer within your scope of practice as a physical therapist, mental health counselor, pharmacist, or other licensed provider?