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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to dietetics and nutrition; amending 2
s. 468.502, F.S.; conforming provisions to changes 3
made by the act; amending s. 468.503, F.S.; revising 4
and providing definitions; amending s. 468.504, F.S.; 5
prohibiting the provision of medical nutrition therapy 6
under certain circumstances; authorizing the use of 7
certain titles under certain circumstances; amending 8
s. 468.505, F.S.; revising exemptions for certain 9
persons to practice or provide services or activities 10
relating to dietetics or nutrition under certain 11
circumstances; amending s. 468.506, F.S.; revising the 12
membership and powers and duties of the Dietetics and 13
Nutrition Practice Council; amending s. 468.509, F.S.; 14
revising requirements for licensure as a dietician or 15
nutritionist; amending s. 468.51, F.S.; revising 16
licensure renewal requirements; amending s. 468.511, 17
F.S.; revising temporary permit requirements for 18
dieticians and nutritionists; amending s. 468.512, 19
F.S.; removing authorizations for a licensed 20
dietitian, a licensed nutritionist, or a licensed 21
nutrition counselor for the use of certain words in 22
connection to the licensee's name or place of 23
business; amending s. 468.513, F.S.; conforming 24
provisions to changes made by the act; repealing s. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
468.516, F.S., relating to practice requirements; 26
amending s. 468.517, F.S.; revising prohibited acts; 27
amending ss. 468.518, 501.0573, and 501.0575, F.S.; 28
conforming provisions to changes made by the act; 29
providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Section 468.502, Florida Statutes, is amended 34
to read: 35
468.502 Purpose and intent.—The Legislature finds that the 36
practice of dietetics and the practice of nutrition or nutrition 37
counseling by unskilled and incompetent practitioners presents a 38
danger to the public health and safety. The Legislature further 39
finds that it is difficult for the public to make informed 40
choices about dietitians and nutritionists and that the 41
consequences of wrong choices could seriously endanger the 42
public health and safety. The sole legislative purpose in 43
enacting this part is to ensure that every person who practices 44
medical nutrition therapy dietetics and nutrition or nutrition 45
counseling in this state meets minimum requirements for safe 46
practice. It is the legislative intent that any person 47
practicing as a dietician or a nutritionist dietetics and 48
nutrition or nutrition counseling who falls below minimum 49
competency or who otherwise presents a danger to the public be 50
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prohibited from practicing in this state. It is also the intent 51
of the Legislature that the practice of medical nutrition 52
therapy nutrition counseling be authorized and regulated solely 53
within the limits expressly provided by this part and any rules 54
adopted pursuant thereto. 55
Section 2. Section 468.503, Florida Statutes, is amended 56
to read: 57
468.503 Definitions.—As used in this part: 58
(1) "Board" means the Board of Medicine. 59
(2) "Commission" means the Commission on Dietetic 60
Registration, the credentialing agency of the Academy of 61
Nutrition and Dietetics. 62
(3) "Complex" means a disease state, medical condition, or 63
clinical presentation that requires medical nutrition therapy by 64
a licensed dietitian due to one or more of the following: 65
instability of the patient's health status; the presence of 66
multiple or interacting comorbidities; a high risk of 67
complications or rapid clinical deterioration; the need for 68
intensive monitoring; or the need for advanced nutrition 69
interventions, including therapeutic diets administered by 70
enteral or parenteral routes. Complex disease states or 71
conditions, including, but not limited to, severe malnutrition; 72
organ failure; conditions requiring enteral or parenteral 73
nutrition; renal disease requiring dialysis; severe metabolic 74
disturbances; post-bariatric surgery care; and critical illness. 75
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(4) "Degree" means a degree received from an educational 76
institution that at the time the degree was awarded was 77
accredited by a United States institutional accrediting body for 78
higher education recognized by the Council for Higher Education 79
Accreditation, the United States Department of Education, or a 80
validated foreign equivalent. 81
(5)(3) "Department" means the Department of Health. 82
(4) "Dietetics" means the integration and application of 83
the principles derived from the sciences of nutrition, 84
biochemistry, food, physiology, and management and from the 85
behavioral and social sciences to achieve and maintain a 86
person's health throughout the person's life. It is an integral 87
part of preventive, diagnostic, curative, and restorative health 88
care of individuals, groups, or both. 89
(5) "Dietetics and nutrition practice" shall include 90
assessing nutrition needs and status using appropriate data; 91
recommending appropriate dietary regimens, nutrition support, 92
and nutrient intake; ordering therapeutic diets; improving 93
health status through nutrition research, counseling, and 94
education; and developing, implementing, and managing nutrition 95
care systems, which includes, but is not limited to, evaluating, 96
modifying, and maintaining appropriate standards of high quality 97
in food and nutrition care services. 98
(6) "Dietetic technician" means a person who assists in 99
the provision of dietetic and nutrition services under the 100
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supervision of a qualified professional. 101
(7) "General nonmedical nutrition information" means 102
information including all of the following: 103
(a) Principles of human nutrition and food preparation. 104
(b) Principles of self-care and a healthy relationship 105
with food. 106
(c) Essential nutrients needed by the human body. 107
(d) General and nonindividualized recommended amounts of 108
essential nutrients in the human body. 109
(e) Actions of nutrients in the human body. 110
(f) Nonindividualized effects of deficiencies or an excess 111
of nutrients in the human body. 112
(g) General education surrounding foods, herbs, and 113
dietary supplements that are good sources of essential nutrients 114
in the human body. 115
(8)(7) "Licensed dietitian/nutritionist" means a person 116
duly licensed under s. 468.509(1) to engage in the practice of 117
dietetics and the practice of nutrition, including providing 118
medical nutrition therapy licensed pursuant to s. 468.509. 119
(9)(8) "Licensed nutrition counselor" means a person 120
licensed pursuant to s. 468.51. 121
(10) "Licensed nutritionist" means a person duly licensed 122
under s. 468.509(2) to engage in the practice of nutrition, 123
including noncomplex medical nutrition therapy. 124
(11) "Medical nutrition therapy" means providing the 125
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following nutrition care services to manage or treat a disease 126
or medical condition: 127
(a) Nutrition assessment. 128
(b) Nutrition diagnosis. 129
(c) Nutrition intervention. 130
(d) Nutrition monitoring and evaluation. 131
(12) "Medical weight control" means medical nutrition 132
therapy provided for the purpose of reducing, maintaining, or 133
gaining weight. 134
(13) "Noncomplex" means a disease state, medical 135
condition, or clinical presentation that is stable or well-136
managed; does not involve rapid clinical deterioration or high-137
acuity care needs; and can be safely addressed through medical 138
nutrition therapy delivered in low-acuity outpatient settings by 139
a practitioner practicing within their demonstrated level of 140
competence. Noncomplex conditions do not: 141
(a) Require intensive monitoring; 142
(b) Involve multiple interacting comorbidities; or 143
(c) Necessitate advanced interventions such as therapeutic 144
diets delivered through enteral or parenteral nutrition. 145
(14) "Nonmedical weight control" means nutrition care 146
services provided for the purpose of reducing, maintaining, or 147
gaining weight that do not constitute the treatment or 148
management of a disease or medical condition. The term includes 149
weight control services for healthy population groups to achieve 150
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or maintain a healthy weight. 151
(15) "Nutrition assessment" means the ongoing, dynamic, 152
and systematic process of ordering, obtaining, verifying, and 153
interpreting biochemical, anthropometric, physical, 154
nutrigenomic, and dietary data to make decisions about the 155
nature and cause of nutrition-related problems relative to 156
patient and community needs. Nutrition assessment includes, but 157
is not limited to, initial data collection, ordering laboratory 158
tests to check and track nutritional status, reassessment and 159
analysis of patient or community needs, and providing the 160
foundation for nutrition diagnosis and nutritional 161
recommendations and orders. The collection of nutrition-related 162
data does not, by itself, constitute nutrition assessment. 163
(16) "Nutrition care process" means the systematic 164
problem-solving method that licensed dietitians use to make 165
decisions when providing medical nutrition therapy or when 166
addressing nutrition-related problems and to provide safe and 167
effective care. The nutrition care process includes nutrition 168
assessment, nutrition diagnosis, nutrition intervention, and 169
nutrition monitoring and evaluation. 170
(17) "Nutrition care services" means all of the following 171
services provided within a nutrition care process: 172
(a) Assessing and evaluating the nutritional needs of 173
individuals and groups and determining resources and constraints 174
in a practice setting, including ordering nutrition-related 175
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laboratory tests to check and track nutrition status. 176
(b) Identifying nutrition problems and establishing 177
priorities, goals, and objectives that meet nutritional needs 178
and are consistent with available resources and constraints. 179
(c) Creating individualized dietary plans and issuing and 180
implementing orders to meet nutritional needs of healthy 181
individuals and individuals with disease states or medical 182
conditions, including ordering therapeutic diets and monitoring 183
the effectiveness of such diets. 184
(d) Determining and providing appropriate nutrition 185
intervention, including nutrition counseling on food and 186
prescription drug interactions. 187
(e) Developing, implementing, and managing nutrition care 188
systems. 189
(f) Evaluating, making changes, and maintaining 190
appropriate standards of quality in food and nutrition services. 191
(18) "Nutrition counseling" means a supportive process, 192
characterized by a collaborative counselor-patient relationship 193
with individuals or groups, to establish food and nutrition 194
priorities, goals, and individualized action plans and general 195
physical activity guidance, that acknowledge and foster 196
responsibility for self-care, to promote health and wellness or 197
to treat or manage an existing disease or medical condition. 198
(19) "Nutrition diagnosis" means identifying and labeling 199
nutrition problems managed and treated by a licensed dietitian 200
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or licensed nutritionist. The term does not include a medical 201
diagnosis of the health status of an individual. 202
(20) "Nutrition intervention" means purposefully planned 203
actions, including nutrition counseling, intended to positively 204
change a nutrition-related behavior, risk factor, environmental 205
condition, or aspect of health status of an individual, and his 206
or her family or caregivers, target groups, or community at 207
large. The term includes approving, ordering, and monitoring 208
therapeutic diets, and counseling on food and prescription drug 209
interactions. 210
(21) "Nutrition monitoring and evaluation" means 211
identifying patient outcomes relevant to the nutrition 212
diagnosis, intervention plans, and goals and comparing those 213
outcomes with previous status, intervention goals, or a 214
reference standard to determine the progress made in achieving 215
desired outcomes of nutrition care and whether planned 216
interventions should be continued or revised. 217
(22) "Patient" means an individual recipient of nutrition 218
care services. 219
(23) "Practice of dietetics" means the integration and 220
application of scientific principles derived from the study of 221
food, nutrition, biochemistry, metabolism, nutrigenomics, 222
physiology, pharmacology, food systems, management, and 223
behavioral and social sciences to achieve and maintain optimal 224
nutrition status of individuals and groups across a lifespan. 225
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The practice of dietetics includes providing nutrition care 226
services, including medical nutrition therapy, in person or 227
through telehealth to prevent, manage, or treat complex diseases 228
or medical conditions and promote wellness in inpatient and 229
outpatient settings. The practice of dietetics includes 230
developing and ordering therapeutic diets through oral, enteral, 231
and parenteral routes and providing medical nutrition therapy 232
and related support activities consistent with current 233
competencies required of academic and supervised practice 234
programs accredited by the Accreditation Council for Education 235
in Nutrition and Dietetics and in compliance with the Commission 236
on Dietetic Registration's Scope and Standards of Practice for 237
the Registered Dietitian Nutritionist. 238
(24) "Practice of nutrition" means the integration and 239
application of scientific principles derived from the study of 240
nutrition science, cellular and systemic metabolism, 241
biochemistry, physiology, and behavioral sciences to support and 242
maintain health throughout a lifespan. The practice of nutrition 243
includes providing nutrition care services, including medical 244
nutrition therapy, in person or through telehealth for the 245
prevention, management, or treatment of noncomplex diseases and 246
medical conditions in low-acuity outpatient settings and for the 247
promotion of wellness. The practice of nutrition does not 248
include medical nutrition therapy for complex conditions and the 249
delivery of medical nutrition therapy in inpatient or high-250
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acuity outpatient settings. The practice of nutrition, 251
consistent with level of competence, may include ordering of 252
oral therapeutic diets; ordering of medical laboratory tests 253
related to nutrition interventions; and recommending vitamin, 254
mineral, and other dietary supplements. 255
(25) "Qualified supervisor" means an individual providing 256
supervision who assumes full professional responsibility for the 257
work of the student or trainee by verifying, directing, and 258
approving the provided nutrition care services, medical 259
nutrition therapy, and other activities or services being 260
supervised. 261
(a) To qualify as a qualified supervisor for purposes of 262
this chapter, an individual shall meet all the following 263
requirements: 264
1. Only supervise a clinical activity or nutrition care 265
service for which the qualified supervisor is authorized to 266
perform. 267
2. Develop and carry out a program for advancing and 268
optimizing the quality of care provided by the student or 269
trainee being supervised. A qualified supervisor and a student 270
or trainee being supervised shall identify and document goals 271
for supervised practice experiences, the assignment of clinical 272
tasks as appropriate to the progressing competence level of the 273
student or trainee, the relationship of and access to the 274
student or trainee to the qualified supervisor, and a process 275
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for evaluating the performance of the student or trainee. 276
3. Oversee the activities of and approve and accept 277
responsibility for the nutrition care services provided by the 278
student or trainee. 279
4. At a minimum, be physically onsite and present where 280
the student or trainee is providing nutrition care services or 281
be immediately and continuously available to the student or 282
trainee by means of two-way, real-time audiovisual communication 283
that allows for the direct, contemporaneous interaction by sight 284
and sound between the qualified supervisor and the student or 285
trainee. If the qualified supervisor assigns a nutrition care 286
service to a student or trainee that is to be provided in a 287
setting where the qualified supervisor is not routinely present, 288
the qualified supervisor shall ensure that the means and methods 289
of supervision are adequate to ensure appropriate patient care, 290
which may include synchronous videoconferencing or other methods 291
of communication and oversight that are appropriate to the care 292
setting and the education and experience of the student or 293
trainee. 294
5. Review on a regular basis the charts, records, and 295
clinical notes of the student or trainee, and maintain 296
responsibility for the clinical recordkeeping of the student or 297
trainee. 298
6. Be available to render assistance while a student or 299
trainee is providing nutrition care services when requested by 300
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the patient or shall have arranged for another qualified 301
practitioner, lawfully able to render nutrition care services, 302
to be available in the absence of the qualified supervisor. 303
7. Limit the assignment of nutrition care services to 304
those services that are within the training and experience of 305
the student or trainee and customary to the practice of the 306
qualified supervisor. 307
(b) A qualified supervisor shall satisfy the requirements 308
in paragraph (a) and, if supervising medical nutrition therapy, 309
shall: 310
1. Be licensed or certified as a dietitian, nutritionist, 311
dietitian nutritionist, or healthcare provider whose scope of 312
practice includes medical nutrition therapy in the state or 313
territory in which such supervised practice experience occurs; 314
2. Meet other criteria established by board rule or 315
regulation when a state in which the supervised practice occurs 316
does not provide for licensure or certification of dietitians, 317
dietitian nutritionists, or nutritionists; or 318
3. Meet the exemption requirements of s. 468.505(b). 319
(26) "Registered dietitian" means a person who is 320
credentialed by the Commission on Dietetic Registration or its 321
successor organization as a registered dietitian or a registered 322
dietitian nutritionist and is authorized to use such title and 323
the abbreviations "RD" or "RDN." 324
(27) "Telehealth" means the use of electronic information 325
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and telecommunications technologies to provide services under 326
this chapter between a practitioner in one location and an 327
patient in another location to support clinical health care, 328
public health, health-related education, and health 329
administration. 330
(28) "Therapeutic diet" means a diet intervention ordered 331
by a physician or other authorized provider, including a 332
licensed dietitian or, for oral diets only, a licensed 333
nutritionist. A therapeutic diet includes food, fluids, or 334
nutrients provided by oral, enteral, or parenteral routes and is 335
used in the treatment of a disease or clinical condition to 336
modify, eliminate, decrease, or increase specific macronutrients 337
or micronutrients, or to provide mechanically altered food when 338
medically necessary. 339
(29) "Unrestricted practice of medical nutrition therapy" 340
means the provision of medical nutrition therapy by an 341
individual who is responsible for his or her own practice or 342
treatment procedures. 343
(9) "Nutrition assessment" means the evaluation of the 344
nutrition needs of individuals or groups, using appropriate data 345
to determine nutrient needs or status and make appropriate 346
nutrition recommendations. 347
(10) "Nutrition counseling" means advising and assisting 348
individuals or groups on appropriate nutrition intake by 349
integrating information from the nutrition assessment. 350
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(11) "Preprofessional experience component" means a 351
planned and continuous supervised practice experience in 352
dietetics or nutrition. 353
(12) "Registered dietitian" or "registered 354
dietitian/nutritionist" means an individual registered with the 355
commission. 356
Section 3. Section 468.504, Florida Statutes, is amended 357
to read: 358
468.504 License required.— 359
(1) Except as otherwise provided in s. 468.505, a person 360
may not engage in or offer to provide medical nutrition therapy 361
unless the person is licensed under this chapter. 362
(2) Except as otherwise provided under this chapter, a 363
person may only: 364
(a) Designate or hold himself or herself out as a licensed 365
dietitian or use or assume the titles "licensed dietitian," 366
"dietitian," "dietitian nutritionist," "dietician," or any other 367
title indicating that the person is a licensed dietitian or use 368
in conjunction with that person's name the letters "LD" if the 369
person is a licensed dietitian under s. 468.509(1). 370
(b) Use or assume the title "licensed nutritionist" or 371
include or use in conjunction with that person's name the 372
letters "LN" if the person is a licensed nutritionist under s. 373
468.509(2) or a licensed nutrition counselor under s. 468.51. 374
(c) Designate or hold himself or herself out as a 375
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nutritionist or use or assume the title "nutritionist," if the 376
person is licensed under this chapter No person may engage for 377
remuneration in dietetics and nutrition practice or nutrition 378
counseling or hold himself or herself out as a practitioner of 379
dietetics and nutrition practice or nutrition counseling unless 380
the person is licensed in accordance with the provisions of this 381
part. 382
Section 4. Subsections (1) and (4) of section 468.505, 383
Florida Statutes, are amended to read: 384
468.505 Exemptions; exceptions.— 385
(1) Nothing in This part does not prohibit or restrict may 386
be construed as prohibiting or restricting the practice, 387
services, or activities of: 388
(a) A person licensed in this state under chapter 457, 389
chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, 390
chapter 463, part I of chapter 464, chapter 465, chapter 466, 391
chapter 480, chapter 490, or chapter 491, when engaging in the 392
profession or occupation for which he or she is licensed, or of 393
any person employed by and under the supervision of the licensee 394
when rendering services within the scope of the profession or 395
occupation of the licensee. 396
(b) A dietician or a nutritionist who is serving in the 397
Armed Forces or the United States Public Health Service or is 398
employed by the Veterans Administration from engaging in the 399
practice of medical nutrition therapy or using government issued 400
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titles, provided such practice or title use is related to such 401
service or employment person employed as a dietitian by the 402
government of the United States, if the person engages in 403
dietetics solely under direction or control of the organization 404
by which the person is employed. 405
(c) A person employed as a cooperative extension home 406
economist. 407
(c)(d) A person pursuing a course of study leading to a 408
degree in dietetics and nutrition from a program or school 409
accredited pursuant to s. 468.509(3), if the activities and 410
services constitute a part of a supervised course of study, the 411
person is under the direction of a qualified supervisor as 412
defined in s. 468.503, and if the person is designated by a 413
title that clearly indicates the person's status as a student or 414
trainee. 415
(d)(e) A person fulfilling the supervised experience 416
component of s. 468.509, if the activities and services 417
constitute a part of the experience necessary to meet the 418
requirements under of s. 468.509 and the person is under the 419
direction of a qualified supervisor as defined in s. 468.503. 420
(e)(f) Any dietitian or nutritionist from another state 421
practicing medical nutrition therapy dietetics or nutrition 422
incidental to a course of study when taking or giving a 423
postgraduate course or other course of study in this state, 424
provided such dietitian or nutritionist is licensed in another 425
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jurisdiction or is a registered dietitian or holds an 426
appointment on the faculty of a school accredited pursuant to s. 427
468.509(3). 428
(f)(g) A person who markets or distributes food, food 429
materials, or dietary supplements, or any person who engages in 430
the explanation of the use and benefits of those products or the 431
preparation of those products, if that person does not engage in 432
the practice of medical nutrition therapy and the person does 433
not represent himself or herself using titles under s. 468.504 434
for a fee in dietetics and nutrition practice or nutrition 435
counseling. 436
(g)(h) A person who markets or distributes food, food 437
materials, or dietary supplements, or any person who engages in 438
the explanation of the use of those products or the preparation 439
of those products, as an employee of an establishment permitted 440
pursuant to chapter 465, if that person does not engage in the 441
practice of medical nutrition therapy and the person does not 442
represent himself or herself using titles under s. 468.504. 443
(h)(i) An individual who is employed by this state, a 444
county, a municipal agency, or any other political subdivision, 445
or a person who contracts with any of the foregoing, for the 446
purposes of providing nutrition care services for the Special 447
Supplemental Food Program for Women, Infants, and Children, from 448
providing nutrition care services using the title of 449
"nutritionist" within the discharge of his or her official 450
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duties educator who is in the employ of a nonprofit organization 451
approved by the council; a federal, state, county, or municipal 452
agency, or other political subdivision; an elementary or 453
secondary school; or an accredited institution of higher 454
education the definition of which, as provided in s. 468.509(3), 455
applies to other sections of this part, insofar as the 456
activities and services of the educator are part of such 457
employment. 458
(i)(j) Any person who does not represent himself or 459
herself using the titles under s. 468.504 who is providing 460
medical weight control for obesity as part of the following: 461
1. An instructional program that has been approved in 462
writing by one of the following: 463
a. A licensed nutritionist or licensed dietitian; or 464
b. A health care practitioner licensed or certified in 465
this state whose authorized scope of practice includes medical 466
nutrition therapy. 467
2. A plan of care that is overseen by a health 468
professional licensed in this state whose scope of practice 469
otherwise authorizes the health professional to provide and 470
delegate medical nutrition therapy if the medical weight control 471
services are not discretionary and do not require the exercise 472
of professional judgment provides weight control services or 473
related weight control products, provided the program has been 474
reviewed by, consultation is available from, and no program 475
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change can be initiated without prior approval by a licensed 476
dietitian/nutritionist, a dietitian or nutritionist licensed in 477
another state that has licensure requirements considered by the 478
council to be at least as stringent as the requirements for 479
licensure under this part, or a registered dietitian. 480
(j)(k) An out-of-state dietitian or nutritionist who 481
provides medical nutrition therapy services through telehealth 482
to a patient located in this state if the out-of-state dietitian 483
or nutritionist: 484
1. Is licensed or certified in good standing in any state 485
or territory and provides medical nutrition therapy services 486
through telehealth and: 487
a. Is in consultation with a dietician or a licensed 488
nutritionist licensed in this state who engages in the practice 489
of medical nutrition therapy and who has a practitioner-patient 490
relationship with the patient; 491
b. Has a current practitioner-patient relationship and the 492
patient is temporarily present in this state; or 493
c. Is providing care pursuant to a current practitioner-494
patient relationship and such care is limited to temporary or 495
short-term follow-up medical nutrition therapy services to 496
ensure continuity of care. 497
2. By engaging in telehealth with a patient located in 498
this state, the dietitian or nutritionist is exempted from 499
licensure requirements under paragraph (j) consents to the 500
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applicable laws, rules, and regulations of this state and the 501
Florida Dietetics and Nutrition Practice Council A person 502
employed by a hospital licensed under chapter 395, by a nursing 503
home licensed under part II of chapter 400, by an assisted 504
living facility licensed under chapter 429, or by a continuing 505
care facility certified under chapter 651, if the person is 506
employed in compliance with the laws and rules adopted 507
thereunder regarding the operation of its dietetic department. 508
(k)(l) A person employed by a nursing facility exempt from 509
licensing under s. 395.002(12), or a person exempt from 510
licensing under s. 464.022. 511
(l)(m) A person who does not represent himself or herself 512
using the titles under s. 468.504, including a dietetic 513
technician, who assists with the provision of medical nutrition 514
therapy if the person performs only support activities that are 515
not discretionary and that do not require the exercise of 516
professional judgment for their performance, and the person is 517
directly supervised by a licensed dietitian, licensed 518
nutritionist, or a health care practitioner licensed in this 519
state acting within the scope of practice employed as a dietetic 520
technician. 521
(m)(n) A Any person who provides individualized nutrition 522
recommendations for wellness and the primary prevention of 523
chronic disease, health coaching, holistic and wellness 524
education, guidance, motivation, behavior change management, 525
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services for nonmedical weight control, or other nutrition care 526
services if all the following apply: 527
1. The services do not constitute medical nutrition 528
therapy. 529
2. The person does not represent himself or herself using 530
any of the titles under s. 468.504. 531
3. The person does not hold himself or herself out as 532
licensed or qualified to engage in the practice of medical 533
nutrition therapy information, wellness recommendations, or 534
advice concerning nutrition, or who markets food, food 535
materials, or dietary supplements for remuneration, if such 536
person does not provide such services to a person under the 537
direct care and supervision of a medical doctor for a disease or 538
medical condition requiring nutrition intervention, not 539
including obesity or weight loss, and does not represent himself 540
or herself as a dietitian, licensed dietitian, registered 541
dietitian, nutritionist, licensed nutritionist, nutrition 542
counselor, or licensed nutrition counselor, or use any word, 543
letter, symbol, or insignia indicating or implying that he or 544
she is a dietitian, nutritionist, or nutrition counselor. 545
(4) This part does not prohibit an individual from 546
identifying themselves by an earned, federally trademarked 547
nutrition credential. However, such use does not authorize the 548
individual to engage in the practice of medical nutrition 549
therapy or identify using the general titles of "dietitian," 550
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"dietitian nutritionist," or "nutritionist" unless an individual 551
is also licensed under this chapter. Notwithstanding any other 552
provision of this part, an individual registered by the 553
commission has the right to use the title "Registered Dietitian" 554
or "Registered Dietitian/Nutritionist," and the designation 555
"R.D." or "R.D.N." An individual certified by the Certification 556
Board for Nutrition Specialists has the right to use the title 557
"Certified Nutrition Specialist" and the designation "CNS," and 558
an individual certified by the American Clinical Board of 559
Nutrition has the right to use the title "Diplomate of the 560
American Clinical Board of Nutrition" and use the designation 561
"DACBN." 562
Section 5. Section 468.506, Florida Statutes, is amended 563
to read: 564
468.506 Dietetics and Nutrition Practice Council.—There is 565
created the Dietetics and Nutrition Practice Council under the 566
supervision of the board. The council shall consist of three 567
dietitians and one nutritionist four persons licensed under this 568
part and one consumer who is 60 years of age or older. Council 569
members shall be appointed by the board. Licensed members shall 570
be appointed based on the proportion of licensees within each of 571
the respective disciplines. Members shall be appointed for 4-572
year staggered terms. In order to be eligible for appointment, 573
each licensed member must have been a licensee under this part 574
for at least 3 years before prior to his or her appointment. A 575
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No council member may not shall serve more than two successive 576
terms. The board may delegate such powers and duties to the 577
council as it may deem proper to carry out the operations and 578
procedures necessary to effectuate the provisions of this part. 579
However, the powers and duties delegated to the council by the 580
board must encompass both the practice of dietetics and the 581
practice of nutrition dietetics and nutrition practice and 582
nutrition counseling. Any time there is a vacancy on the 583
council, any professional association composed of persons 584
licensed under this part may recommend licensees to fill the 585
vacancy to the board in a number at least twice the number of 586
vacancies to be filled, and the board may appoint from the 587
submitted list, in its discretion, any of those persons so 588
recommended. Any professional association composed of persons 589
licensed under this part may file an appeal regarding a council 590
appointment with the State Surgeon General, whose decision shall 591
be final. The board shall fix council members' compensation and 592
pay their expenses in the same manner as provided in s. 456.011. 593
Section 6. Section 468.509, Florida Statutes, is amended 594
to read: 595
(Substantial rewording of section. See 596
s. 468.509, F.S., for present text.) 597
468.509 Dietitian and nutritionist; requirements for 598
licensure.— 599
(1) Each applicant for licensure as a dietician shall 600
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submit a completed application as required by the board 601
demonstrating the applicant is capable and professionally 602
competent, as determined by the board, to safely engage in the 603
practices of dietetics and practice of nutrition, submit any 604
fees as required by the board, submit to background screening in 605
accordance with s. 456.0135, and meet one of the two following 606
criteria: 607
(a) The applicant shall submit proof of completion of all 608
the following: 609
1. A master's degree or doctoral degree and a program of 610
study accredited by the Accreditation Council for Education in 611
Nutrition and Dietetics (ACEND) or its successor organization. 612
2. A planned, documented, and continuous preprofessional 613
experience component in the practice of dietetics and practice 614
of nutrition approved by the examining board and accredited by 615
ACEND, or its successor organization, including at least 1000 616
hours of supervised practice experience under the supervision of 617
a qualified supervisor as defined in s. 468.503. An applicant 618
shall complete the preprofessional experience under this 619
subparagraph within 5 years of completing the requirement under 620
subparagraph 1. unless the examining board, for extraordinary 621
circumstances, grants an extension for a limited time. 622
3. The registration examination for dietitians 623
administered by the Commission on Dietetic Registration, or its 624
successor organization. If an applicant passed the examination 625
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more than 5 years before application, demonstration of 626
completion of 75 hours of continuing education meeting the 627
continuing education criteria of the board per each 5-year 628
period post examination. 629
(b) The applicant submits proof of holding a valid, 630
current registration with the Commission on Dietetic 631
Registration, or its successor organization, that gives the 632
applicant the right to use the term "registered dietitian," 633
"registered dietitian nutritionist," "RD," or "RDN." 634
(2) Each applicant for licensure as a nutritionist shall 635
submit a completed application as required by the board 636
demonstrating the applicant is capable and professionally 637
competent, as determined by the board, to safely engage in the 638
practice of nutrition, submit any fees, as required by the 639
board, submit to background screening in accordance with s. 640
456.0135, and submit proof of completion of all the following: 641
(a) A master's degree or doctoral degree with a major in 642
human nutrition, foods and nutrition, community nutrition, 643
public health nutrition, nutrition education, nutrition, 644
nutrition science, clinical nutrition, applied clinical 645
nutrition, nutrition counseling, nutrition and functional 646
medicine, nutritional biochemistry, nutrition and integrative 647
health, or a comparable titled major, or a doctoral degree or 648
validated foreign equivalent, in a field of clinical healthcare. 649
The applicant shall complete coursework leading to competence in 650
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noncomplex medical nutrition therapy, which includes, but may 651
not be limited to, the following: 652
1. Fifteen semester hours of courses on clinical or life 653
sciences, including at least three semester hours in human 654
anatomy and physiology or the equivalent. 655
2. Fifteen semester hours of courses on nutrition and 656
metabolism, including at least six semester hours in 657
biochemistry. 658
(b) A planned, documented, and continuous preprofessional 659
experience component in the practice of nutrition approved by 660
the examining board and meeting all the following requirements: 661
1. An applicant shall complete a preprofessional 662
experience component under this paragraph within 5 years of 663
completing the requirements under paragraph (a) unless the 664
examining board, for extraordinary circumstances, grants an 665
extension for a limited time. 666
2. A preprofessional experience completed under this 667
paragraph shall involve at least 1,000 hours in the following 668
practice areas, with a minimum of 200 hours in each practice 669
area: nutrition assessment, nutrition intervention, and 670
nutrition monitoring and evaluation. 671
3. Experience determined by the board to have prepared the 672
applicant to provide nutrition care services for various 673
populations of diverse cultures, genders, and across the life 674
cycle, and to be able to competently provide medical nutrition 675
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therapies and interventions, education, counseling, and ongoing 676
care for the prevention, modulation, and management of a range 677
of noncomplex medical conditions. 678
4. A preprofessional experience completed under this 679
paragraph under the supervision of a qualified supervisor as 680
defined in s. 468.503. 681
(c) The examination requirements by demonstrating: 682
1. Passage of the certified nutrition specialist 683
examination administered by the Board for Certification of 684
Nutrition Specialists, or its successor organization, or an 685
equivalent examination on all aspects of the practice of 686
nutrition that has been reviewed under a program that requires a 687
master's degree or higher, is accredited by the National 688
Commission for Certifying Agencies, and is approved by the 689
examining board. If the applicant passed the exam more than 5 690
years before application, demonstration of completion of 75 691
hours of continuing education meeting the continuing education 692
criteria of the board per each 5-year period post examination; 693
or 694
2. The applicant holds a valid, current certification with 695
the Board for Certification of Nutrition Specialists, or its 696
successor organization, that gives the applicant the right to 697
use the title "certified nutrition specialist." 698
(3) All persons licensed or who have applied for licensure 699
before July 1, 2026, shall remain licensed, eligible for 700
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reactivation, or eligible for licensure under the requirements 701
in place at the time of application, if the applicant or 702
licensee remains in good standing and maintains an active or 703
inactive. 704
(a) A person who is a licensed dietitian nutritionist on 705
July 1. 2026, shall be licensed as a dietitian without meeting 706
any additional requirements if such person holds the registered 707
dietitian credential issued by the Commission on Dietetic 708
Registration. 709
(b) A person who is a licensed dietitian nutritionist and 710
does not hold the registered dietitian credential issued by the 711
Commission on Dietetic Registration July 1, 2026, shall be 712
licensed as a nutritionist without meeting any additional 713
requirements. 714
(c) A person who is a licensed nutrition counselor on the 715
July 1, 2026, shall be licensed as a nutritionist without 716
meeting any additional requirements. 717
Section 7. Section 468.51, Florida Statutes, is amended to 718
read: 719
468.51 Nutrition counselor; renewal of licensure.—Any 720
person previously certified as qualified by the board and 721
holding a license to practice as a nutrition counselor in this 722
state which was issued during the period from July 1, 1988, to 723
March 30, 1997, based upon documentation that the person was 724
employed as a practitioner of nutrition counseling previous to 725
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and on April 1, 1988, is shall be eligible to renew his or her 726
license as a nutritionist pursuant to s. 468.514. 727
Section 8. Section 468.511, Florida Statutes, is amended 728
to read: 729
468.511 Dietitian and nutritionist Dietitian/nutritionist; 730
temporary permit.— 731
(1) The board, in its discretion, may issue a temporary 732
permit for an individual to engage in: 733
(a) The practice of dietetics and the practice of 734
nutrition under the supervision of a licensed dietitian upon the 735
filing of an application with appropriate fees and submission of 736
evidence of successful completion of the education and 737
preprofessional experience requirements for dietitian licensure 738
provided for in s. 468.509(1). 739
(b) The practice of nutrition under the supervision of a 740
licensed dietitian or licensed nutritionist upon the filing of 741
an application with appropriate fees and submission of evidence 742
of successful completion of the education and supervised 743
practice requirements for nutritionist licensure provided for in 744
s. 468.509(2). 745
(1) A temporary permit to practice dietetics and nutrition 746
may be issued by the board on the filing of an application, 747
payment of a temporary permit fee, and the submission of 748
evidence of the successful completion of the educational 749
requirement under s. 468.509. The initial application shall be 750
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signed by the supervising licensee. 751
(2) A person practicing under a temporary permit shall be 752
under the supervision and direction of a licensed 753
dietitian/nutritionist. 754
(2)(3) A temporary permit shall expire 1 year from the 755
date of issuance. 756
(3)(4) One extension of a temporary permit may be granted 757
for good cause shown. 758
(5) If the board determines that an applicant is qualified 759
to be licensed by endorsement under s. 468.513, the board may 760
issue the applicant a temporary permit to practice dietetics and 761
nutrition until the next board meeting at which license 762
applications are to be considered, but not for a longer period 763
of time. 764
(6) If the board determines that an applicant has not 765
passed an examination recognized by the board and is not 766
qualified to be licensed by endorsement, but has otherwise met 767
all the requirements of s. 468.509 and has made application for 768
the next scheduled examination, the board may issue the 769
applicant a temporary permit allowing him or her to practice 770
dietetics and nutrition under the supervision of a licensed 771
dietitian/nutritionist until notification of the results of the 772
examination. 773
Section 9. Section 468.512, Florida Statutes, is amended 774
to read: 775
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468.512 License to be displayed.— 776
(1)(a) A licensed dietitian/nutritionist may use the words 777
"dietitian," "licensed dietitian," "nutritionist," or "licensed 778
nutritionist," in connection with the licensee's name or place 779
of business, to denote licensure under this part. 780
(b) A licensed nutrition counselor may use the words 781
"nutrition counselor," "licensed nutrition counselor," 782
"nutritionist," or "licensed nutritionist," in connection with 783
the licensee's name or place of business, to denote licensure 784
under this part. 785
(2) Each person to whom a license is issued under this 786
part shall keep such license conspicuously displayed in his or 787
her office, place of business, or place of employment and, 788
whenever required, shall exhibit such license to any member or 789
authorized representative of the board. 790
Section 10. Section 468.513, Florida Statutes, is amended 791
to read: 792
468.513 Dietitian and nutritionist Dietitian/nutritionist; 793
licensure by endorsement.—The department shall issue a license 794
to practice as a dietitian or a nutritionist dietetics and 795
nutrition by endorsement to any applicant who submits to 796
background screening in accordance with s. 456.0135 and meets 797
the requirements for licensure by endorsement under s. 456.0145, 798
upon receipt of a completed application and the fee specified in 799
s. 468.508. 800
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Section 11. Section 468.516, Florida Statutes, is 801
repealed. 802
Section 12. Subsection (1) of section 468.517, Florida 803
Statutes, is amended to read: 804
468.517 Prohibitions; penalties.— 805
(1) A person may not knowingly: 806
(a) Engage in the dietetics and nutrition practice of 807
medical nutrition therapy or nutrition counseling for 808
remuneration unless the person is licensed under this part or is 809
otherwise exempt under s. 468.505; 810
(b) Use titles as provided for under s. 468.504 the name 811
or title "dietitian," "licensed dietitian," "nutritionist," 812
"licensed nutritionist," "nutrition counselor," or "licensed 813
nutrition counselor," or any other words, letters, 814
abbreviations, or insignia indicating or implying that he or she 815
is a dietitian, nutritionist, or nutrition counselor, or 816
otherwise hold himself or herself out as such, unless the person 817
is the holder of a valid and appropriate license issued under 818
this part; 819
(c) Present as his or her own the license of another; 820
(d) Give false or forged evidence to the board or a member 821
thereof; 822
(e) Use or attempt to use a license that has been 823
suspended, revoked, or placed on inactive or delinquent status; 824
(f) Employ unlicensed persons to engage in medical 825
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nutrition therapy dietetics and nutrition practice or nutrition 826
counseling; or 827
(g) Conceal information relative to any violation of this 828
part. 829
Section 13. Subsection (1) of section 468.518, Florida 830
Statutes, is amended to read: 831
468.518 Grounds for disciplinary action.— 832
(1) The following acts constitute grounds for denial of a 833
license or disciplinary action, as specified in s. 456.072(2): 834
(a) Violating any provision of this part, any board or 835
department rule adopted pursuant thereto, or any lawful order of 836
the board or department previously entered in a disciplinary 837
hearing held pursuant to this part, or failing to comply with a 838
lawfully issued subpoena of the department. The provisions of 839
this paragraph also apply to any order or subpoena previously 840
issued by the Department of Health during its period of 841
regulatory control over this part. 842
(b) Being unable to engage in the practice of dietetics or 843
the practice of and nutrition practice or nutrition counseling 844
with reasonable skill and safety to patients by reason of 845
illness or use of alcohol, drugs, narcotics, chemicals, or any 846
other type of material or as a result of any mental or physical 847
condition. 848
1. A licensee whose license is suspended or revoked 849
pursuant to this paragraph shall, at reasonable intervals, be 850
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given an opportunity to demonstrate that he or she can resume 851
the competent practice of dietetics or the practice of and 852
nutrition or nutrition counseling with reasonable skill and 853
safety to patients. 854
2. Neither the record of the proceeding nor the orders 855
entered by the board in any proceeding under this paragraph may 856
be used against a licensee in any other proceeding. 857
(c) Attempting to procure or procuring a license to 858
practice dietetics or practice and nutrition or nutrition 859
counseling by fraud or material misrepresentation of material 860
fact. 861
(d) Having a license to practice dietetics or practice and 862
nutrition or nutrition counseling revoked, suspended, or 863
otherwise acted against, including the denial of licensure by 864
the licensing authority of another state, district, territory, 865
or country. 866
(e) Being convicted or found guilty of, or entering a plea 867
of nolo contendere to, regardless of adjudication, a crime in 868
any jurisdiction which directly relates to the practice of 869
dietetics or the practice of and nutrition or nutrition 870
counseling or the ability to practice dietetics or practice and 871
nutrition or nutrition counseling. 872
(f) Making or filing a report or record that the licensee 873
knows to be false, willfully failing to file a report or record 874
required by state or federal law, willfully impeding or 875
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obstructing such filing, or inducing another person to impede or 876
obstruct such filing. Such reports or records include only those 877
that are signed in the capacity of a licensed dietician or a 878
licensed nutritionist dietitian/nutritionist or licensed 879
nutrition counselor. 880
(g) Advertising goods or services in a manner that is 881
fraudulent, false, deceptive, or misleading in form or content. 882
(h) Committing an act of fraud or deceit, or of 883
negligence, incompetency, or misconduct in the practice of 884
dietetics, the practice of and nutrition, or nutrition 885
counseling. 886
(i) Practicing with a revoked, suspended, inactive, or 887
delinquent license. 888
(j) Treating or undertaking to treat human ailments by 889
means other than by the practice of dietetics, the practice of 890
and nutrition, practice or nutrition counseling. 891
(k) Failing to maintain acceptable standards of practice 892
as set forth by the board and the council in rules adopted 893
pursuant to this part. 894
(l) Engaging directly or indirectly in the dividing, 895
transferring, assigning, rebating, or refunding of fees received 896
for professional services, or profiting by means of a credit or 897
other valuable consideration, such as an unearned commission, 898
discount, or gratuity, with any person referring a patient or 899
with any relative or business associate of the referring person. 900
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Nothing in this part prohibits the members of any regularly and 901
properly organized business entity that is composed of licensees 902
under this part and recognized under the laws of this state from 903
making any division of their total fees among themselves as they 904
determine necessary. 905
(m) Advertising, by or on behalf of a licensee under this 906
part, any method of assessment or treatment which is 907
experimental or without generally accepted scientific 908
validation. 909
(n) Violating any provision of this chapter or chapter 910
456, or any rules adopted pursuant thereto. 911
Section 14. Subsection (4) of section 501.0573, Florida 912
Statutes, is amended to read: 913
501.0573 Weight-loss provider requirements.—Each weight-914
loss provider shall: 915
(4) Provide the name, address, and qualifications of the 916
person who has reviewed and approved the weight-loss program 917
according to s. 468.505(1)(i) s. 468.505(1)(j). 918
Section 15. Subsection (1) of section 501.0575, Florida 919
Statutes, is amended to read: 920
501.0575 Weight-Loss Consumer Bill of Rights.— 921
(1) The Weight-Loss Consumer Bill of Rights shall consist 922
of the following provisions: 923
(A) WARNING: RAPID WEIGHT LOSS MAY CAUSE SERIOUS HEALTH 924
PROBLEMS. RAPID WEIGHT LOSS IS WEIGHT LOSS OF MORE THAN 1 1/2 925
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POUNDS TO 2 POUNDS PER WEEK OR WEIGHT LOSS OF MORE THAN 1 926
PERCENT OF BODY WEIGHT PER WEEK AFTER THE SECOND WEEK OF 927
PARTICIPATION IN A WEIGHT-LOSS PROGRAM. 928
(B) CONSULT YOUR PERSONAL PHYSICIAN BEFORE STARTING ANY 929
WEIGHT-LOSS PROGRAM. 930
(C) ONLY PERMANENT LIFESTYLE CHANGES, SUCH AS MAKING 931
HEALTHFUL FOOD CHOICES AND INCREASING PHYSICAL ACTIVITY, PROMOTE 932
LONG-TERM WEIGHT LOSS. 933
(D) QUALIFICATIONS OF THIS PROVIDER ARE AVAILABLE UPON 934
REQUEST. 935
(E) YOU HAVE A RIGHT TO: 936
1. ASK QUESTIONS ABOUT THE POTENTIAL HEALTH RISKS OF THIS 937
PROGRAM AND ITS NUTRITIONAL CONTENT, PSYCHOLOGICAL SUPPORT, AND 938
EDUCATIONAL COMPONENTS. 939
2. RECEIVE AN ITEMIZED STATEMENT OF THE ACTUAL OR 940
ESTIMATED PRICE OF THE WEIGHT-LOSS PROGRAM, INCLUDING EXTRA 941
PRODUCTS, SERVICES, SUPPLEMENTS, EXAMINATIONS, AND LABORATORY 942
TESTS. 943
3. KNOW THE ACTUAL OR ESTIMATED DURATION OF THE PROGRAM. 944
4. KNOW THE NAME, ADDRESS, AND QUALIFICATIONS OF THE 945
DIETITIAN OR NUTRITIONIST WHO HAS REVIEWED AND APPROVED THE 946
WEIGHT-LOSS PROGRAM ACCORDING TO s. 468.505(1)(i) s. 947
468.505(1)(j), FLORIDA STATUTES. 948
Section 16. This act shall take effect July 1, 2026. 949