SESSION WATCH
THE BILL ITSELF

HB 823

Dietetics and Nutrition

VERSION H 823 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to dietetics and nutrition; amending
3 s. 468.502, F.S.; conforming provisions to changes
4 made by the act; amending s. 468.503, F.S.; revising
5 and providing definitions; amending s. 468.504, F.S.;
6 prohibiting the provision of medical nutrition therapy
7 under certain circumstances; authorizing the use of
8 certain titles under certain circumstances; amending
9 s. 468.505, F.S.; revising exemptions for certain
10 persons to practice or provide services or activities
11 relating to dietetics or nutrition under certain
12 circumstances; amending s. 468.506, F.S.; revising the
13 membership and powers and duties of the Dietetics and
14 Nutrition Practice Council; amending s. 468.509, F.S.;
15 revising requirements for licensure as a dietician or
16 nutritionist; amending s. 468.51, F.S.; revising
17 licensure renewal requirements; amending s. 468.511,
18 F.S.; revising temporary permit requirements for
19 dieticians and nutritionists; amending s. 468.512,
20 F.S.; removing authorizations for a licensed
21 dietitian, a licensed nutritionist, or a licensed
22 nutrition counselor for the use of certain words in
23 connection to the licensee's name or place of
24 business; amending s. 468.513, F.S.; conforming
25 provisions to changes made by the act; repealing s.
26 468.516, F.S., relating to practice requirements;
27 amending s. 468.517, F.S.; revising prohibited acts;
28 amending ss. 468.518, 501.0573, and 501.0575, F.S.;
29 conforming provisions to changes made by the act;
30 providing an effective date.
32 Be It Enacted by the Legislature of the State of Florida:
34 Section 1. Section 468.502, Florida Statutes, is amended
35 to read:
36 468.502 Purpose and intent.—The Legislature finds that the
37 practice of dietetics and the practice of nutrition or nutrition
38 counseling by unskilled and incompetent practitioners presents a
39 danger to the public health and safety. The Legislature further
40 finds that it is difficult for the public to make informed
41 choices about dietitians and nutritionists and that the
42 consequences of wrong choices could seriously endanger the
43 public health and safety. The sole legislative purpose in
44 enacting this part is to ensure that every person who practices
45 medical nutrition therapy dietetics and nutrition or nutrition
46 counseling in this state meets minimum requirements for safe
47 practice. It is the legislative intent that any person
48 practicing as a dietician or a nutritionist dietetics and
49 nutrition or nutrition counseling who falls below minimum
50 competency or who otherwise presents a danger to the public be
51 prohibited from practicing in this state. It is also the intent
52 of the Legislature that the practice of medical nutrition
53 therapy nutrition counseling be authorized and regulated solely
54 within the limits expressly provided by this part and any rules
55 adopted pursuant thereto.
56 Section 2. Section 468.503, Florida Statutes, is amended
57 to read:
58 468.503 Definitions.—As used in this part:
59 (1) "Board" means the Board of Medicine.
60 (2) "Commission" means the Commission on Dietetic
61 Registration, the credentialing agency of the Academy of
62 Nutrition and Dietetics.
63 (3) "Complex" means a disease state, medical condition, or
64 clinical presentation that requires medical nutrition therapy by
65 a licensed dietitian due to one or more of the following:
66 instability of the patient's health status; the presence of
67 multiple or interacting comorbidities; a high risk of
68 complications or rapid clinical deterioration; the need for
69 intensive monitoring; or the need for advanced nutrition
70 interventions, including therapeutic diets administered by
71 enteral or parenteral routes. Complex disease states or
72 conditions, including, but not limited to, severe malnutrition;
73 organ failure; conditions requiring enteral or parenteral
74 nutrition; renal disease requiring dialysis; severe metabolic
75 disturbances; post-bariatric surgery care; and critical illness.
76 (4) "Degree" means a degree received from an educational
77 institution that at the time the degree was awarded was
78 accredited by a United States institutional accrediting body for
79 higher education recognized by the Council for Higher Education
80 Accreditation, the United States Department of Education, or a
81 validated foreign equivalent.
82 (5)(3) "Department" means the Department of Health.
83 (4) "Dietetics" means the integration and application of
84 the principles derived from the sciences of nutrition,
85 biochemistry, food, physiology, and management and from the
86 behavioral and social sciences to achieve and maintain a
87 person's health throughout the person's life. It is an integral
88 part of preventive, diagnostic, curative, and restorative health
89 care of individuals, groups, or both.
90 (5) "Dietetics and nutrition practice" shall include
91 assessing nutrition needs and status using appropriate data;
92 recommending appropriate dietary regimens, nutrition support,
93 and nutrient intake; ordering therapeutic diets; improving
94 health status through nutrition research, counseling, and
95 education; and developing, implementing, and managing nutrition
96 care systems, which includes, but is not limited to, evaluating,
97 modifying, and maintaining appropriate standards of high quality
98 in food and nutrition care services.
99 (6) "Dietetic technician" means a person who assists in
100 the provision of dietetic and nutrition services under the
101 supervision of a qualified professional.
102 (7) "General nonmedical nutrition information" means
103 information including all of the following:
104 (a) Principles of human nutrition and food preparation.
105 (b) Principles of self-care and a healthy relationship
106 with food.
107 (c) Essential nutrients needed by the human body.
108 (d) General and nonindividualized recommended amounts of
109 essential nutrients in the human body.
110 (e) Actions of nutrients in the human body.
111 (f) Nonindividualized effects of deficiencies or an excess
112 of nutrients in the human body.
113 (g) General education surrounding foods, herbs, and
114 dietary supplements that are good sources of essential nutrients
115 in the human body.
116 (8)(7) "Licensed dietitian/nutritionist" means a person
117 duly licensed under s. 468.509(1) to engage in the practice of
118 dietetics and the practice of nutrition, including providing
119 medical nutrition therapy licensed pursuant to s. 468.509.
120 (9)(8) "Licensed nutrition counselor" means a person
121 licensed pursuant to s. 468.51.
122 (10) "Licensed nutritionist" means a person duly licensed
123 under s. 468.509(2) to engage in the practice of nutrition,
124 including noncomplex medical nutrition therapy.
125 (11) "Medical nutrition therapy" means providing the
126 following nutrition care services to manage or treat a disease
127 or medical condition:
128 (a) Nutrition assessment.
129 (b) Nutrition diagnosis.
130 (c) Nutrition intervention.
131 (d) Nutrition monitoring and evaluation.
132 (12) "Medical weight control" means medical nutrition
133 therapy provided for the purpose of reducing, maintaining, or
134 gaining weight.
135 (13) "Noncomplex" means a disease state, medical
136 condition, or clinical presentation that is stable or well-
137 managed; does not involve rapid clinical deterioration or high-
138 acuity care needs; and can be safely addressed through medical
139 nutrition therapy delivered in low-acuity outpatient settings by
140 a practitioner practicing within their demonstrated level of
141 competence. Noncomplex conditions do not:
142 (a) Require intensive monitoring;
143 (b) Involve multiple interacting comorbidities; or
144 (c) Necessitate advanced interventions such as therapeutic
145 diets delivered through enteral or parenteral nutrition.
146 (14) "Nonmedical weight control" means nutrition care
147 services provided for the purpose of reducing, maintaining, or
148 gaining weight that do not constitute the treatment or
149 management of a disease or medical condition. The term includes
150 weight control services for healthy population groups to achieve
151 or maintain a healthy weight.
152 (15) "Nutrition assessment" means the ongoing, dynamic,
153 and systematic process of ordering, obtaining, verifying, and
154 interpreting biochemical, anthropometric, physical,
155 nutrigenomic, and dietary data to make decisions about the
156 nature and cause of nutrition-related problems relative to
157 patient and community needs. Nutrition assessment includes, but
158 is not limited to, initial data collection, ordering laboratory
159 tests to check and track nutritional status, reassessment and
160 analysis of patient or community needs, and providing the
161 foundation for nutrition diagnosis and nutritional
162 recommendations and orders. The collection of nutrition-related
163 data does not, by itself, constitute nutrition assessment.
164 (16) "Nutrition care process" means the systematic
165 problem-solving method that licensed dietitians use to make
166 decisions when providing medical nutrition therapy or when
167 addressing nutrition-related problems and to provide safe and
168 effective care. The nutrition care process includes nutrition
169 assessment, nutrition diagnosis, nutrition intervention, and
170 nutrition monitoring and evaluation.
171 (17) "Nutrition care services" means all of the following
172 services provided within a nutrition care process:
173 (a) Assessing and evaluating the nutritional needs of
174 individuals and groups and determining resources and constraints
175 in a practice setting, including ordering nutrition-related
176 laboratory tests to check and track nutrition status.
177 (b) Identifying nutrition problems and establishing
178 priorities, goals, and objectives that meet nutritional needs
179 and are consistent with available resources and constraints.
180 (c) Creating individualized dietary plans and issuing and
181 implementing orders to meet nutritional needs of healthy
182 individuals and individuals with disease states or medical
183 conditions, including ordering therapeutic diets and monitoring
184 the effectiveness of such diets.
185 (d) Determining and providing appropriate nutrition
186 intervention, including nutrition counseling on food and
187 prescription drug interactions.
188 (e) Developing, implementing, and managing nutrition care
189 systems.
190 (f) Evaluating, making changes, and maintaining
191 appropriate standards of quality in food and nutrition services.
192 (18) "Nutrition counseling" means a supportive process,
193 characterized by a collaborative counselor-patient relationship
194 with individuals or groups, to establish food and nutrition
195 priorities, goals, and individualized action plans and general
196 physical activity guidance, that acknowledge and foster
197 responsibility for self-care, to promote health and wellness or
198 to treat or manage an existing disease or medical condition.
199 (19) "Nutrition diagnosis" means identifying and labeling
200 nutrition problems managed and treated by a licensed dietitian
201 or licensed nutritionist. The term does not include a medical
202 diagnosis of the health status of an individual.
203 (20) "Nutrition intervention" means purposefully planned
204 actions, including nutrition counseling, intended to positively
205 change a nutrition-related behavior, risk factor, environmental
206 condition, or aspect of health status of an individual, and his
207 or her family or caregivers, target groups, or community at
208 large. The term includes approving, ordering, and monitoring
209 therapeutic diets, and counseling on food and prescription drug
210 interactions.
211 (21) "Nutrition monitoring and evaluation" means
212 identifying patient outcomes relevant to the nutrition
213 diagnosis, intervention plans, and goals and comparing those
214 outcomes with previous status, intervention goals, or a
215 reference standard to determine the progress made in achieving
216 desired outcomes of nutrition care and whether planned
217 interventions should be continued or revised.
218 (22) "Patient" means an individual recipient of nutrition
219 care services.
220 (23) "Practice of dietetics" means the integration and
221 application of scientific principles derived from the study of
222 food, nutrition, biochemistry, metabolism, nutrigenomics,
223 physiology, pharmacology, food systems, management, and
224 behavioral and social sciences to achieve and maintain optimal
225 nutrition status of individuals and groups across a lifespan.
226 The practice of dietetics includes providing nutrition care
227 services, including medical nutrition therapy, in person or
228 through telehealth to prevent, manage, or treat complex diseases
229 or medical conditions and promote wellness in inpatient and
230 outpatient settings. The practice of dietetics includes
231 developing and ordering therapeutic diets through oral, enteral,
232 and parenteral routes and providing medical nutrition therapy
233 and related support activities consistent with current
234 competencies required of academic and supervised practice
235 programs accredited by the Accreditation Council for Education
236 in Nutrition and Dietetics and in compliance with the Commission
237 on Dietetic Registration's Scope and Standards of Practice for
238 the Registered Dietitian Nutritionist.
239 (24) "Practice of nutrition" means the integration and
240 application of scientific principles derived from the study of
241 nutrition science, cellular and systemic metabolism,
242 biochemistry, physiology, and behavioral sciences to support and
243 maintain health throughout a lifespan. The practice of nutrition
244 includes providing nutrition care services, including medical
245 nutrition therapy, in person or through telehealth for the
246 prevention, management, or treatment of noncomplex diseases and
247 medical conditions in low-acuity outpatient settings and for the
248 promotion of wellness. The practice of nutrition does not
249 include medical nutrition therapy for complex conditions and the
250 delivery of medical nutrition therapy in inpatient or high-
251 acuity outpatient settings. The practice of nutrition,
252 consistent with level of competence, may include ordering of
253 oral therapeutic diets; ordering of medical laboratory tests
254 related to nutrition interventions; and recommending vitamin,
255 mineral, and other dietary supplements.
256 (25) "Qualified supervisor" means an individual providing
257 supervision who assumes full professional responsibility for the
258 work of the student or trainee by verifying, directing, and
259 approving the provided nutrition care services, medical
260 nutrition therapy, and other activities or services being
261 supervised.
262 (a) To qualify as a qualified supervisor for purposes of
263 this chapter, an individual shall meet all the following
264 requirements:
265 1. Only supervise a clinical activity or nutrition care
266 service for which the qualified supervisor is authorized to
267 perform.
268 2. Develop and carry out a program for advancing and
269 optimizing the quality of care provided by the student or
270 trainee being supervised. A qualified supervisor and a student
271 or trainee being supervised shall identify and document goals
272 for supervised practice experiences, the assignment of clinical
273 tasks as appropriate to the progressing competence level of the
274 student or trainee, the relationship of and access to the
275 student or trainee to the qualified supervisor, and a process
276 for evaluating the performance of the student or trainee.
277 3. Oversee the activities of and approve and accept
278 responsibility for the nutrition care services provided by the
279 student or trainee.
280 4. At a minimum, be physically onsite and present where
281 the student or trainee is providing nutrition care services or
282 be immediately and continuously available to the student or
283 trainee by means of two-way, real-time audiovisual communication
284 that allows for the direct, contemporaneous interaction by sight
285 and sound between the qualified supervisor and the student or
286 trainee. If the qualified supervisor assigns a nutrition care
287 service to a student or trainee that is to be provided in a
288 setting where the qualified supervisor is not routinely present,
289 the qualified supervisor shall ensure that the means and methods
290 of supervision are adequate to ensure appropriate patient care,
291 which may include synchronous videoconferencing or other methods
292 of communication and oversight that are appropriate to the care
293 setting and the education and experience of the student or
294 trainee.
295 5. Review on a regular basis the charts, records, and
296 clinical notes of the student or trainee, and maintain
297 responsibility for the clinical recordkeeping of the student or
298 trainee.
299 6. Be available to render assistance while a student or
300 trainee is providing nutrition care services when requested by
301 the patient or shall have arranged for another qualified
302 practitioner, lawfully able to render nutrition care services,
303 to be available in the absence of the qualified supervisor.
304 7. Limit the assignment of nutrition care services to
305 those services that are within the training and experience of
306 the student or trainee and customary to the practice of the
307 qualified supervisor.
308 (b) A qualified supervisor shall satisfy the requirements
309 in paragraph (a) and, if supervising medical nutrition therapy,
310 shall:
311 1. Be licensed or certified as a dietitian, nutritionist,
312 dietitian nutritionist, or healthcare provider whose scope of
313 practice includes medical nutrition therapy in the state or
314 territory in which such supervised practice experience occurs;
315 2. Meet other criteria established by board rule or
316 regulation when a state in which the supervised practice occurs
317 does not provide for licensure or certification of dietitians,
318 dietitian nutritionists, or nutritionists; or
319 3. Meet the exemption requirements of s. 468.505(b).
320 (26) "Registered dietitian" means a person who is
321 credentialed by the Commission on Dietetic Registration or its
322 successor organization as a registered dietitian or a registered
323 dietitian nutritionist and is authorized to use such title and
324 the abbreviations "RD" or "RDN."
325 (27) "Telehealth" means the use of electronic information
326 and telecommunications technologies to provide services under
327 this chapter between a practitioner in one location and an
328 patient in another location to support clinical health care,
329 public health, health-related education, and health
330 administration.
331 (28) "Therapeutic diet" means a diet intervention ordered
332 by a physician or other authorized provider, including a
333 licensed dietitian or, for oral diets only, a licensed
334 nutritionist. A therapeutic diet includes food, fluids, or
335 nutrients provided by oral, enteral, or parenteral routes and is
336 used in the treatment of a disease or clinical condition to
337 modify, eliminate, decrease, or increase specific macronutrients
338 or micronutrients, or to provide mechanically altered food when
339 medically necessary.
340 (29) "Unrestricted practice of medical nutrition therapy"
341 means the provision of medical nutrition therapy by an
342 individual who is responsible for his or her own practice or
343 treatment procedures.
344 (9) "Nutrition assessment" means the evaluation of the
345 nutrition needs of individuals or groups, using appropriate data
346 to determine nutrient needs or status and make appropriate
347 nutrition recommendations.
348 (10) "Nutrition counseling" means advising and assisting
349 individuals or groups on appropriate nutrition intake by
350 integrating information from the nutrition assessment.
351 (11) "Preprofessional experience component" means a
352 planned and continuous supervised practice experience in
353 dietetics or nutrition.
354 (12) "Registered dietitian" or "registered
355 dietitian/nutritionist" means an individual registered with the
356 commission.
357 Section 3. Section 468.504, Florida Statutes, is amended
358 to read:
359 468.504 License required.—
360 (1) Except as otherwise provided in s. 468.505, a person
361 may not engage in or offer to provide medical nutrition therapy
362 unless the person is licensed under this chapter.
363 (2) Except as otherwise provided under this chapter, a
364 person may only:
365 (a) Designate or hold himself or herself out as a licensed
366 dietitian or use or assume the titles "licensed dietitian,"
367 "dietitian," "dietitian nutritionist," "dietician," or any other
368 title indicating that the person is a licensed dietitian or use
369 in conjunction with that person's name the letters "LD" if the
370 person is a licensed dietitian under s. 468.509(1).
371 (b) Use or assume the title "licensed nutritionist" or
372 include or use in conjunction with that person's name the
373 letters "LN" if the person is a licensed nutritionist under s.
374 468.509(2) or a licensed nutrition counselor under s. 468.51.
375 (c) Designate or hold himself or herself out as a
376 nutritionist or use or assume the title "nutritionist," if the
377 person is licensed under this chapter No person may engage for
378 remuneration in dietetics and nutrition practice or nutrition
379 counseling or hold himself or herself out as a practitioner of
380 dietetics and nutrition practice or nutrition counseling unless
381 the person is licensed in accordance with the provisions of this
382 part.
383 Section 4. Subsections (1) and (4) of section 468.505,
384 Florida Statutes, are amended to read:
385 468.505 Exemptions; exceptions.—
386 (1) Nothing in This part does not prohibit or restrict may
387 be construed as prohibiting or restricting the practice,
388 services, or activities of:
389 (a) A person licensed in this state under chapter 457,
390 chapter 458, chapter 459, chapter 460, chapter 461, chapter 462,
391 chapter 463, part I of chapter 464, chapter 465, chapter 466,
392 chapter 480, chapter 490, or chapter 491, when engaging in the
393 profession or occupation for which he or she is licensed, or of
394 any person employed by and under the supervision of the licensee
395 when rendering services within the scope of the profession or
396 occupation of the licensee.
397 (b) A dietician or a nutritionist who is serving in the
398 Armed Forces or the United States Public Health Service or is
399 employed by the Veterans Administration from engaging in the
400 practice of medical nutrition therapy or using government issued
401 titles, provided such practice or title use is related to such
402 service or employment person employed as a dietitian by the
403 government of the United States, if the person engages in
404 dietetics solely under direction or control of the organization
405 by which the person is employed.
406 (c) A person employed as a cooperative extension home
407 economist.
408 (c)(d) A person pursuing a course of study leading to a
409 degree in dietetics and nutrition from a program or school
410 accredited pursuant to s. 468.509(3), if the activities and
411 services constitute a part of a supervised course of study, the
412 person is under the direction of a qualified supervisor as
413 defined in s. 468.503, and if the person is designated by a
414 title that clearly indicates the person's status as a student or
415 trainee.
416 (d)(e) A person fulfilling the supervised experience
417 component of s. 468.509, if the activities and services
418 constitute a part of the experience necessary to meet the
419 requirements under of s. 468.509 and the person is under the
420 direction of a qualified supervisor as defined in s. 468.503.
421 (e)(f) Any dietitian or nutritionist from another state
422 practicing medical nutrition therapy dietetics or nutrition
423 incidental to a course of study when taking or giving a
424 postgraduate course or other course of study in this state,
425 provided such dietitian or nutritionist is licensed in another
426 jurisdiction or is a registered dietitian or holds an
427 appointment on the faculty of a school accredited pursuant to s.
428 468.509(3).
429 (f)(g) A person who markets or distributes food, food
430 materials, or dietary supplements, or any person who engages in
431 the explanation of the use and benefits of those products or the
432 preparation of those products, if that person does not engage in
433 the practice of medical nutrition therapy and the person does
434 not represent himself or herself using titles under s. 468.504
435 for a fee in dietetics and nutrition practice or nutrition
436 counseling.
437 (g)(h) A person who markets or distributes food, food
438 materials, or dietary supplements, or any person who engages in
439 the explanation of the use of those products or the preparation
440 of those products, as an employee of an establishment permitted
441 pursuant to chapter 465, if that person does not engage in the
442 practice of medical nutrition therapy and the person does not
443 represent himself or herself using titles under s. 468.504.
444 (h)(i) An individual who is employed by this state, a
445 county, a municipal agency, or any other political subdivision,
446 or a person who contracts with any of the foregoing, for the
447 purposes of providing nutrition care services for the Special
448 Supplemental Food Program for Women, Infants, and Children, from
449 providing nutrition care services using the title of
450 "nutritionist" within the discharge of his or her official
451 duties educator who is in the employ of a nonprofit organization
452 approved by the council; a federal, state, county, or municipal
453 agency, or other political subdivision; an elementary or
454 secondary school; or an accredited institution of higher
455 education the definition of which, as provided in s. 468.509(3),
456 applies to other sections of this part, insofar as the
457 activities and services of the educator are part of such
458 employment.
459 (i)(j) Any person who does not represent himself or
460 herself using the titles under s. 468.504 who is providing
461 medical weight control for obesity as part of the following:
462 1. An instructional program that has been approved in
463 writing by one of the following:
464 a. A licensed nutritionist or licensed dietitian; or
465 b. A health care practitioner licensed or certified in
466 this state whose authorized scope of practice includes medical
467 nutrition therapy.
468 2. A plan of care that is overseen by a health
469 professional licensed in this state whose scope of practice
470 otherwise authorizes the health professional to provide and
471 delegate medical nutrition therapy if the medical weight control
472 services are not discretionary and do not require the exercise
473 of professional judgment provides weight control services or
474 related weight control products, provided the program has been
475 reviewed by, consultation is available from, and no program
476 change can be initiated without prior approval by a licensed
477 dietitian/nutritionist, a dietitian or nutritionist licensed in
478 another state that has licensure requirements considered by the
479 council to be at least as stringent as the requirements for
480 licensure under this part, or a registered dietitian.
481 (j)(k) An out-of-state dietitian or nutritionist who
482 provides medical nutrition therapy services through telehealth
483 to a patient located in this state if the out-of-state dietitian
484 or nutritionist:
485 1. Is licensed or certified in good standing in any state
486 or territory and provides medical nutrition therapy services
487 through telehealth and:
488 a. Is in consultation with a dietician or a licensed
489 nutritionist licensed in this state who engages in the practice
490 of medical nutrition therapy and who has a practitioner-patient
491 relationship with the patient;
492 b. Has a current practitioner-patient relationship and the
493 patient is temporarily present in this state; or
494 c. Is providing care pursuant to a current practitioner-
495 patient relationship and such care is limited to temporary or
496 short-term follow-up medical nutrition therapy services to
497 ensure continuity of care.
498 2. By engaging in telehealth with a patient located in
499 this state, the dietitian or nutritionist is exempted from
500 licensure requirements under paragraph (j) consents to the
501 applicable laws, rules, and regulations of this state and the
502 Florida Dietetics and Nutrition Practice Council A person
503 employed by a hospital licensed under chapter 395, by a nursing
504 home licensed under part II of chapter 400, by an assisted
505 living facility licensed under chapter 429, or by a continuing
506 care facility certified under chapter 651, if the person is
507 employed in compliance with the laws and rules adopted
508 thereunder regarding the operation of its dietetic department.
509 (k)(l) A person employed by a nursing facility exempt from
510 licensing under s. 395.002(12), or a person exempt from
511 licensing under s. 464.022.
512 (l)(m) A person who does not represent himself or herself
513 using the titles under s. 468.504, including a dietetic
514 technician, who assists with the provision of medical nutrition
515 therapy if the person performs only support activities that are
516 not discretionary and that do not require the exercise of
517 professional judgment for their performance, and the person is
518 directly supervised by a licensed dietitian, licensed
519 nutritionist, or a health care practitioner licensed in this
520 state acting within the scope of practice employed as a dietetic
521 technician.
522 (m)(n) A Any person who provides individualized nutrition
523 recommendations for wellness and the primary prevention of
524 chronic disease, health coaching, holistic and wellness
525 education, guidance, motivation, behavior change management,
526 services for nonmedical weight control, or other nutrition care
527 services if all the following apply:
528 1. The services do not constitute medical nutrition
529 therapy.
530 2. The person does not represent himself or herself using
531 any of the titles under s. 468.504.
532 3. The person does not hold himself or herself out as
533 licensed or qualified to engage in the practice of medical
534 nutrition therapy information, wellness recommendations, or
535 advice concerning nutrition, or who markets food, food
536 materials, or dietary supplements for remuneration, if such
537 person does not provide such services to a person under the
538 direct care and supervision of a medical doctor for a disease or
539 medical condition requiring nutrition intervention, not
540 including obesity or weight loss, and does not represent himself
541 or herself as a dietitian, licensed dietitian, registered
542 dietitian, nutritionist, licensed nutritionist, nutrition
543 counselor, or licensed nutrition counselor, or use any word,
544 letter, symbol, or insignia indicating or implying that he or
545 she is a dietitian, nutritionist, or nutrition counselor.
546 (4) This part does not prohibit an individual from
547 identifying themselves by an earned, federally trademarked
548 nutrition credential. However, such use does not authorize the
549 individual to engage in the practice of medical nutrition
550 therapy or identify using the general titles of "dietitian,"
551 "dietitian nutritionist," or "nutritionist" unless an individual
552 is also licensed under this chapter. Notwithstanding any other
553 provision of this part, an individual registered by the
554 commission has the right to use the title "Registered Dietitian"
555 or "Registered Dietitian/Nutritionist," and the designation
556 "R.D." or "R.D.N." An individual certified by the Certification
557 Board for Nutrition Specialists has the right to use the title
558 "Certified Nutrition Specialist" and the designation "CNS," and
559 an individual certified by the American Clinical Board of
560 Nutrition has the right to use the title "Diplomate of the
561 American Clinical Board of Nutrition" and use the designation
562 "DACBN."
563 Section 5. Section 468.506, Florida Statutes, is amended
564 to read:
565 468.506 Dietetics and Nutrition Practice Council.—There is
566 created the Dietetics and Nutrition Practice Council under the
567 supervision of the board. The council shall consist of three
568 dietitians and one nutritionist four persons licensed under this
569 part and one consumer who is 60 years of age or older. Council
570 members shall be appointed by the board. Licensed members shall
571 be appointed based on the proportion of licensees within each of
572 the respective disciplines. Members shall be appointed for 4-
573 year staggered terms. In order to be eligible for appointment,
574 each licensed member must have been a licensee under this part
575 for at least 3 years before prior to his or her appointment. A
576 No council member may not shall serve more than two successive
577 terms. The board may delegate such powers and duties to the
578 council as it may deem proper to carry out the operations and
579 procedures necessary to effectuate the provisions of this part.
580 However, the powers and duties delegated to the council by the
581 board must encompass both the practice of dietetics and the
582 practice of nutrition dietetics and nutrition practice and
583 nutrition counseling. Any time there is a vacancy on the
584 council, any professional association composed of persons
585 licensed under this part may recommend licensees to fill the
586 vacancy to the board in a number at least twice the number of
587 vacancies to be filled, and the board may appoint from the
588 submitted list, in its discretion, any of those persons so
589 recommended. Any professional association composed of persons
590 licensed under this part may file an appeal regarding a council
591 appointment with the State Surgeon General, whose decision shall
592 be final. The board shall fix council members' compensation and
593 pay their expenses in the same manner as provided in s. 456.011.
594 Section 6. Section 468.509, Florida Statutes, is amended
595 to read:
596 (Substantial rewording of section. See
597 s. 468.509, F.S., for present text.)
598 468.509 Dietitian and nutritionist; requirements for
599 licensure.—
600 (1) Each applicant for licensure as a dietician shall
601 submit a completed application as required by the board
602 demonstrating the applicant is capable and professionally
603 competent, as determined by the board, to safely engage in the
604 practices of dietetics and practice of nutrition, submit any
605 fees as required by the board, submit to background screening in
606 accordance with s. 456.0135, and meet one of the two following
607 criteria:
608 (a) The applicant shall submit proof of completion of all
609 the following:
610 1. A master's degree or doctoral degree and a program of
611 study accredited by the Accreditation Council for Education in
612 Nutrition and Dietetics (ACEND) or its successor organization.
613 2. A planned, documented, and continuous preprofessional
614 experience component in the practice of dietetics and practice
615 of nutrition approved by the examining board and accredited by
616 ACEND, or its successor organization, including at least 1000
617 hours of supervised practice experience under the supervision of
618 a qualified supervisor as defined in s. 468.503. An applicant
619 shall complete the preprofessional experience under this
620 subparagraph within 5 years of completing the requirement under
621 subparagraph 1. unless the examining board, for extraordinary
622 circumstances, grants an extension for a limited time.
623 3. The registration examination for dietitians
624 administered by the Commission on Dietetic Registration, or its
625 successor organization. If an applicant passed the examination
626 more than 5 years before application, demonstration of
627 completion of 75 hours of continuing education meeting the
628 continuing education criteria of the board per each 5-year
629 period post examination.
630 (b) The applicant submits proof of holding a valid,
631 current registration with the Commission on Dietetic
632 Registration, or its successor organization, that gives the
633 applicant the right to use the term "registered dietitian,"
634 "registered dietitian nutritionist," "RD," or "RDN."
635 (2) Each applicant for licensure as a nutritionist shall
636 submit a completed application as required by the board
637 demonstrating the applicant is capable and professionally
638 competent, as determined by the board, to safely engage in the
639 practice of nutrition, submit any fees, as required by the
640 board, submit to background screening in accordance with s.
641 456.0135, and submit proof of completion of all the following:
642 (a) A master's degree or doctoral degree with a major in
643 human nutrition, foods and nutrition, community nutrition,
644 public health nutrition, nutrition education, nutrition,
645 nutrition science, clinical nutrition, applied clinical
646 nutrition, nutrition counseling, nutrition and functional
647 medicine, nutritional biochemistry, nutrition and integrative
648 health, or a comparable titled major, or a doctoral degree or
649 validated foreign equivalent, in a field of clinical healthcare.
650 The applicant shall complete coursework leading to competence in
651 noncomplex medical nutrition therapy, which includes, but may
652 not be limited to, the following:
653 1. Fifteen semester hours of courses on clinical or life
654 sciences, including at least three semester hours in human
655 anatomy and physiology or the equivalent.
656 2. Fifteen semester hours of courses on nutrition and
657 metabolism, including at least six semester hours in
658 biochemistry.
659 (b) A planned, documented, and continuous preprofessional
660 experience component in the practice of nutrition approved by
661 the examining board and meeting all the following requirements:
662 1. An applicant shall complete a preprofessional
663 experience component under this paragraph within 5 years of
664 completing the requirements under paragraph (a) unless the
665 examining board, for extraordinary circumstances, grants an
666 extension for a limited time.
667 2. A preprofessional experience completed under this
668 paragraph shall involve at least 1,000 hours in the following
669 practice areas, with a minimum of 200 hours in each practice
670 area: nutrition assessment, nutrition intervention, and
671 nutrition monitoring and evaluation.
672 3. Experience determined by the board to have prepared the
673 applicant to provide nutrition care services for various
674 populations of diverse cultures, genders, and across the life
675 cycle, and to be able to competently provide medical nutrition
676 therapies and interventions, education, counseling, and ongoing
677 care for the prevention, modulation, and management of a range
678 of noncomplex medical conditions.
679 4. A preprofessional experience completed under this
680 paragraph under the supervision of a qualified supervisor as
681 defined in s. 468.503.
682 (c) The examination requirements by demonstrating:
683 1. Passage of the certified nutrition specialist
684 examination administered by the Board for Certification of
685 Nutrition Specialists, or its successor organization, or an
686 equivalent examination on all aspects of the practice of
687 nutrition that has been reviewed under a program that requires a
688 master's degree or higher, is accredited by the National
689 Commission for Certifying Agencies, and is approved by the
690 examining board. If the applicant passed the exam more than 5
691 years before application, demonstration of completion of 75
692 hours of continuing education meeting the continuing education
693 criteria of the board per each 5-year period post examination;
694 or
695 2. The applicant holds a valid, current certification with
696 the Board for Certification of Nutrition Specialists, or its
697 successor organization, that gives the applicant the right to
698 use the title "certified nutrition specialist."
699 (3) All persons licensed or who have applied for licensure
700 before July 1, 2026, shall remain licensed, eligible for
701 reactivation, or eligible for licensure under the requirements
702 in place at the time of application, if the applicant or
703 licensee remains in good standing and maintains an active or
704 inactive.
705 (a) A person who is a licensed dietitian nutritionist on
706 July 1. 2026, shall be licensed as a dietitian without meeting
707 any additional requirements if such person holds the registered
708 dietitian credential issued by the Commission on Dietetic
709 Registration.
710 (b) A person who is a licensed dietitian nutritionist and
711 does not hold the registered dietitian credential issued by the
712 Commission on Dietetic Registration July 1, 2026, shall be
713 licensed as a nutritionist without meeting any additional
714 requirements.
715 (c) A person who is a licensed nutrition counselor on the
716 July 1, 2026, shall be licensed as a nutritionist without
717 meeting any additional requirements.
718 Section 7. Section 468.51, Florida Statutes, is amended to
719 read:
720 468.51 Nutrition counselor; renewal of licensure.—Any
721 person previously certified as qualified by the board and
722 holding a license to practice as a nutrition counselor in this
723 state which was issued during the period from July 1, 1988, to
724 March 30, 1997, based upon documentation that the person was
725 employed as a practitioner of nutrition counseling previous to
726 and on April 1, 1988, is shall be eligible to renew his or her
727 license as a nutritionist pursuant to s. 468.514.
728 Section 8. Section 468.511, Florida Statutes, is amended
729 to read:
730 468.511 Dietitian and nutritionist Dietitian/nutritionist;
731 temporary permit.—
732 (1) The board, in its discretion, may issue a temporary
733 permit for an individual to engage in:
734 (a) The practice of dietetics and the practice of
735 nutrition under the supervision of a licensed dietitian upon the
736 filing of an application with appropriate fees and submission of
737 evidence of successful completion of the education and
738 preprofessional experience requirements for dietitian licensure
739 provided for in s. 468.509(1).
740 (b) The practice of nutrition under the supervision of a
741 licensed dietitian or licensed nutritionist upon the filing of
742 an application with appropriate fees and submission of evidence
743 of successful completion of the education and supervised
744 practice requirements for nutritionist licensure provided for in
745 s. 468.509(2).
746 (1) A temporary permit to practice dietetics and nutrition
747 may be issued by the board on the filing of an application,
748 payment of a temporary permit fee, and the submission of
749 evidence of the successful completion of the educational
750 requirement under s. 468.509. The initial application shall be
751 signed by the supervising licensee.
752 (2) A person practicing under a temporary permit shall be
753 under the supervision and direction of a licensed
754 dietitian/nutritionist.
755 (2)(3) A temporary permit shall expire 1 year from the
756 date of issuance.
757 (3)(4) One extension of a temporary permit may be granted
758 for good cause shown.
759 (5) If the board determines that an applicant is qualified
760 to be licensed by endorsement under s. 468.513, the board may
761 issue the applicant a temporary permit to practice dietetics and
762 nutrition until the next board meeting at which license
763 applications are to be considered, but not for a longer period
764 of time.
765 (6) If the board determines that an applicant has not
766 passed an examination recognized by the board and is not
767 qualified to be licensed by endorsement, but has otherwise met
768 all the requirements of s. 468.509 and has made application for
769 the next scheduled examination, the board may issue the
770 applicant a temporary permit allowing him or her to practice
771 dietetics and nutrition under the supervision of a licensed
772 dietitian/nutritionist until notification of the results of the
773 examination.
774 Section 9. Section 468.512, Florida Statutes, is amended
775 to read:
776 468.512 License to be displayed.—
777 (1)(a) A licensed dietitian/nutritionist may use the words
778 "dietitian," "licensed dietitian," "nutritionist," or "licensed
779 nutritionist," in connection with the licensee's name or place
780 of business, to denote licensure under this part.
781 (b) A licensed nutrition counselor may use the words
782 "nutrition counselor," "licensed nutrition counselor,"
783 "nutritionist," or "licensed nutritionist," in connection with
784 the licensee's name or place of business, to denote licensure
785 under this part.
786 (2) Each person to whom a license is issued under this
787 part shall keep such license conspicuously displayed in his or
788 her office, place of business, or place of employment and,
789 whenever required, shall exhibit such license to any member or
790 authorized representative of the board.
791 Section 10. Section 468.513, Florida Statutes, is amended
792 to read:
793 468.513 Dietitian and nutritionist Dietitian/nutritionist;
794 licensure by endorsement.—The department shall issue a license
795 to practice as a dietitian or a nutritionist dietetics and
796 nutrition by endorsement to any applicant who submits to
797 background screening in accordance with s. 456.0135 and meets
798 the requirements for licensure by endorsement under s. 456.0145,
799 upon receipt of a completed application and the fee specified in
800 s. 468.508.
801 Section 11. Section 468.516, Florida Statutes, is
802 repealed.
803 Section 12. Subsection (1) of section 468.517, Florida
804 Statutes, is amended to read:
805 468.517 Prohibitions; penalties.—
806 (1) A person may not knowingly:
807 (a) Engage in the dietetics and nutrition practice of
808 medical nutrition therapy or nutrition counseling for
809 remuneration unless the person is licensed under this part or is
810 otherwise exempt under s. 468.505;
811 (b) Use titles as provided for under s. 468.504 the name
812 or title "dietitian," "licensed dietitian," "nutritionist,"
813 "licensed nutritionist," "nutrition counselor," or "licensed
814 nutrition counselor," or any other words, letters,
815 abbreviations, or insignia indicating or implying that he or she
816 is a dietitian, nutritionist, or nutrition counselor, or
817 otherwise hold himself or herself out as such, unless the person
818 is the holder of a valid and appropriate license issued under
819 this part;
820 (c) Present as his or her own the license of another;
821 (d) Give false or forged evidence to the board or a member
822 thereof;
823 (e) Use or attempt to use a license that has been
824 suspended, revoked, or placed on inactive or delinquent status;
825 (f) Employ unlicensed persons to engage in medical
826 nutrition therapy dietetics and nutrition practice or nutrition
827 counseling; or
828 (g) Conceal information relative to any violation of this
829 part. Section 13. Subsection (1) of section 468.518, Florida
831 Statutes, is amended to read:
832 468.518 Grounds for disciplinary action.—
833 (1) The following acts constitute grounds for denial of a
834 license or disciplinary action, as specified in s. 456.072(2):
835 (a) Violating any provision of this part, any board or
836 department rule adopted pursuant thereto, or any lawful order of
837 the board or department previously entered in a disciplinary
838 hearing held pursuant to this part, or failing to comply with a
839 lawfully issued subpoena of the department. The provisions of
840 this paragraph also apply to any order or subpoena previously
841 issued by the Department of Health during its period of
842 regulatory control over this part.
843 (b) Being unable to engage in the practice of dietetics or
844 the practice of and nutrition practice or nutrition counseling
845 with reasonable skill and safety to patients by reason of
846 illness or use of alcohol, drugs, narcotics, chemicals, or any
847 other type of material or as a result of any mental or physical
848 condition.
849 1. A licensee whose license is suspended or revoked
850 pursuant to this paragraph shall, at reasonable intervals, be
851 given an opportunity to demonstrate that he or she can resume
852 the competent practice of dietetics or the practice of and
853 nutrition or nutrition counseling with reasonable skill and
854 safety to patients.
855 2. Neither the record of the proceeding nor the orders
856 entered by the board in any proceeding under this paragraph may
857 be used against a licensee in any other proceeding.
858 (c) Attempting to procure or procuring a license to
859 practice dietetics or practice and nutrition or nutrition
860 counseling by fraud or material misrepresentation of material
861 fact.
862 (d) Having a license to practice dietetics or practice and
863 nutrition or nutrition counseling revoked, suspended, or
864 otherwise acted against, including the denial of licensure by
865 the licensing authority of another state, district, territory,
866 or country.
867 (e) Being convicted or found guilty of, or entering a plea
868 of nolo contendere to, regardless of adjudication, a crime in
869 any jurisdiction which directly relates to the practice of
870 dietetics or the practice of and nutrition or nutrition
871 counseling or the ability to practice dietetics or practice and
872 nutrition or nutrition counseling.
873 (f) Making or filing a report or record that the licensee
874 knows to be false, willfully failing to file a report or record
875 required by state or federal law, willfully impeding or
876 obstructing such filing, or inducing another person to impede or
877 obstruct such filing. Such reports or records include only those
878 that are signed in the capacity of a licensed dietician or a
879 licensed nutritionist dietitian/nutritionist or licensed
880 nutrition counselor.
881 (g) Advertising goods or services in a manner that is
882 fraudulent, false, deceptive, or misleading in form or content.
883 (h) Committing an act of fraud or deceit, or of
884 negligence, incompetency, or misconduct in the practice of
885 dietetics, the practice of and nutrition, or nutrition
886 counseling.
887 (i) Practicing with a revoked, suspended, inactive, or
888 delinquent license.
889 (j) Treating or undertaking to treat human ailments by
890 means other than by the practice of dietetics, the practice of
891 and nutrition, practice or nutrition counseling.
892 (k) Failing to maintain acceptable standards of practice
893 as set forth by the board and the council in rules adopted
894 pursuant to this part.
895 (l) Engaging directly or indirectly in the dividing,
896 transferring, assigning, rebating, or refunding of fees received
897 for professional services, or profiting by means of a credit or
898 other valuable consideration, such as an unearned commission,
899 discount, or gratuity, with any person referring a patient or
900 with any relative or business associate of the referring person.
901 Nothing in this part prohibits the members of any regularly and
902 properly organized business entity that is composed of licensees
903 under this part and recognized under the laws of this state from
904 making any division of their total fees among themselves as they
905 determine necessary.
906 (m) Advertising, by or on behalf of a licensee under this
907 part, any method of assessment or treatment which is
908 experimental or without generally accepted scientific
909 validation.
910 (n) Violating any provision of this chapter or chapter
911 456, or any rules adopted pursuant thereto.
912 Section 14. Subsection (4) of section 501.0573, Florida
913 Statutes, is amended to read:
914 501.0573 Weight-loss provider requirements.—Each weight-
915 loss provider shall:
916 (4) Provide the name, address, and qualifications of the
917 person who has reviewed and approved the weight-loss program
918 according to s. 468.505(1)(i) s. 468.505(1)(j).
919 Section 15. Subsection (1) of section 501.0575, Florida
920 Statutes, is amended to read:
921 501.0575 Weight-Loss Consumer Bill of Rights.—
922 (1) The Weight-Loss Consumer Bill of Rights shall consist
923 of the following provisions:
924 (A) WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH
925 PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 1/2
926 POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1
927 PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF
928 PARTICIPATION IN A WEIGHT-LOSS PROGRAM.
929 (B) CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY
930 WEIGHT-LOSS PROGRAM.
931 (C) ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING
932 HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE
933 LONG-TERM WEIGHT LOSS.
934 (D) QUALIFICATIONS OF THIS PROVIDER ARE AVAILABLE UPON
935 REQUEST.
936 (E) YOU HAVE A RIGHT TO:
937 1. ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS
938 PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND
939 EDUCATIONAL COMPONENTS.
940 2. RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR
941 ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA
942 PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY
943 TESTS.
944 3. KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM.
945 4. KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE
946 DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE
947 WEIGHT-LOSS PROGRAM ACCORDING TO s. 468.505(1)(i) s.
948 468.505(1)(j), FLORIDA STATUTES.
949 Section 16. This act shall take effect July 1, 2026.