The Council of Holistic Health Educators constantly monitors nutrition and wellness practice laws in all 50 states to keep you informed. If you are providing professional nutrition and wellness advice, know your state laws! Choose your state below.
Please note: This information is for general education and should not be considered legal advice.
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An Overview of Nutrition Laws and How They Affect Your Practice
The law can be really confusing, especially when it differs from state to state. We’ve put together a guide to help you better understand those laws, the different types, and how they impact your ability to practice. State laws on nutrition are broken up into different types:
- Title Protection
- Licensure with a defined scope of practice
States without laws regarding the practice of nutrition are the easiest, of course, but they are few. Some states have a certification law that provides for state recognition and certification of specific individuals who meet a set of defined criteria, such as a private certification, education, etc. This certification does not prevent anyone else from practicing nutrition, but it may protect specific titles, such as “dietitian” or “nutritionist” and abbreviations, such as “RD” or “CD”.
The next level of restriction are Title Protection laws. While these states do not restrict the practice of nutrition, they do place strict limitations on who may use certain titles. A Title Protection law may or may not contain a scope of practice, defining the practice of dietetics and nutrition, but that scope will not be defined exclusively to one group. Other states may simply restrict the title, along with abbreviations, etc. Only those who meet certain requirements under the law may receive permission to use those protected titles.
Licensure with a Defined Scope of Practice
A large number of states require a license to practice nutrition, and along with this license, the law defines a scope of practice – exclusive privileges – reserved only for those who hold a license. This is the strictest form of the law and with it comes greater threats to holistic practices.
The main elements of a licensure law with a define scope of practice is that the state requires that you to meet very specific education and other criteria in order to be granted a license, which then gives you the exclusive right to practice nutrition. These laws tend to have very narrow exemptions, and can be quite broad in their application. The requirements to become licensed, and thus take advantage of the exclusive privileges of licensure, are almost always limited for just dietitians.
For example, the state of Ohio specifically defines what the “practice of dietetics” means within the law, and then it reserves that exclusively for those with a license: “no person shall practice, offer to practice, or hold himself forth to practice dietetics unless he has been licensed…”
Most restrictive states contain some standard exemptions within the law. These exemptions generally allow for persons to practice nutrition and dietetics if they are employed by one or more of the following:
- Federal, state, county or municipal agency;
- Another political subdivision;
- Elementary or secondary school; or an
- Accredited institution of higher education.
Restrictive states usually make an exemption for those who are licensed in other areas of the law, such as a physician or chiropractor, generally so long as that person is practicing within the scope of their license. A few states will also allow for the exemption of employees of other licensed professionals, so long as there is proper oversight and documentation.
Some states have explicit religious exemptions for those practicing the tenets of a bona fide religion, however the religious exemption varies greatly from state to state.
For the sale of food, food materials, and dietary supplements in a retail establishment, an exemption generally exists so long as the salesperson does not hold themselves out to be registered or licensed in any way.
General Health and Wellness
As a matter of freedom of speech, a practitioner may always provide general health and wellness advice, guidance, recommendations, and evaluation. This term is rarely defined but is the same for every state.
Out of an abundance of caution, we interpret all general health and wellness exemptions to mean the providing of services to individuals or groups, information, education, and guidance, that would apply to everyone, as a whole.
If the information or guidance can be found in a book, journal, or website, then it can be said to apply to everyone. A key consideration is if the information, education, or guidance is specific to an individual, it may not be “general health and wellness.”
Even if you are practicing in a state with no law, certification, or title protection, you should be aware of certain limitations and pitfalls.
- Diagnosing or Treating a Disease: Investigators and observers of holistic practice are watching carefully for anything which may give the impression, directly or implicitly, that a holistic practitioner is treating or providing for a specific disease or medical condition. Most states do not allow this, and extra care and disclosure statements should be used when working with clients.
- Display of public notice: California and Rhode Island require the display of certain information in your place of business. See the website for each of these states under Laws and Policy for more details. These public notices may require client notification and agreement, before working with them.
- Individualized Care: Probably the most contentious issue in nutrition care is when services become “individualized” to a specific person. Restrictive states with an exclusive scope are on the look out, and can take action for providing restrictive individualized services. In these restrictive states it is best to stay within the bounds of general health, wellness, and lifestyle information, as it pertains to everyone. Avoiding giving the impression in advertising that services are individualized.
- Board certifications in holistic health, which are separate from a practitioner’s school or program certification, highlight a practitioner’s credentials and experience in the marketplace and are helpful for informing clients. However, no holistic health credential is found in any state law or regulation that grants either licensure, or additional exemptions from state law.
Nevertheless, some progress has been made in other modalities. The Certified Nutrition Specialist credential is recognized in Florida, Illinois, and North Carolina, and a pathway exists for licensure.
The NBHWC credential has made some progress with taxonomy codes, and the ability to obtain a National Provider Identifier number.
While the law may vary from state to state, and not every state has broad exemptions, avenues for holistic practice do exist.