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HOUSE DOCKET, NO. 2620 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 453
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Edward R. Philips
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to modernizing licensure of dietitians and nutritionists.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/16/2025 1 of 26
HOUSE DOCKET, NO. 2620 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 453
By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 453) of
Edward R. Philips relative to the licensure of dietitians and nutritionists. Consumer Protection
and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to modernizing licensure of dietitians and nutritionists.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out section
2181 in its entirety and inserting in place thereof the following section:-
3 Section 181: Dietetics and Nutrition board; establishment; members; secretary and
4executive secretary; staff; appointment
5 There shall be in the executive office of health and human services a dietetics and
6nutrition board, hereinafter referred to as the board, which shall consist of the commissioner of
7public health, who shall serve as chair, the commissioner of transitional assistance, the
8commissioner of early education and care, the commissioner of mental health, the commissioner
9of developmental services, the commissioner of elementary and secondary education, the
10commissioner of agriculture, the secretary of health and human services, the director of
11consumer affairs and business regulation, the secretary of elder affairs, or their respective
12designees, and nine persons to be appointed for terms of three years by the governor, of whom 2 of 26
13one shall be a registered physician with expertise in dietetics and nutritional science, one shall be
14a qualified practicing dietitian or nutritionist with experience and knowledge in public and
15community nutrition, one shall be a dietitian or nutritionist that is representative of the food
16industry, one shall be a dietetics and nutrition educator from an institution of higher education
17concerned with programmatically accredited graduate education in the field of dietetics and
18nutrition, one shall be a dietitian or nutritionist whose primary practice is consulting in, or the
19private practice of, dietetics or nutrition, one shall be a practicing dietitian whose primary
20practice is clinical dietetics in a hospital, one shall be a practicing dietitian whose primary
21practice is clinical dietetics in a long-term care facility and two shall be representatives of the
22general public who shall be consumers selected in a manner so as to reflect the population
23distribution of the commonwealth. Members of the board shall not be compensated for their
24services but shall be reimbursed for any expense actually and necessarily incurred in the
25performance of their duties.
26 The chair may, with the approval of the board, appoint a secretary and an executive
27secretary who shall not be subject to the provisions of chapter thirty-one and section nine A of
28chapter thirty, but who shall be recognized authorities in the fields of dietetics and nutrition. The
29secretary and executive secretary shall receive such salary as the board, with the approval of the
30governor, may fix. The chair shall, with the approval of the board, expend such sums for clerical,
31technical and other assistance as may be required by the board in carrying out its duties. The
32board shall be provided with adequate quarters in the state house or elsewhere.
33 SECTION 2. Chapter 13 of the General Laws is hereby amended by striking out section
3411D in its entirety and inserting in place thereof the following section:- 3 of 26
35 Section 11D: Board of registration of dietitians and nutritionists
36 There shall be within the department of public health a board of registration of dietitians
37and nutritionists to be appointed by the governor, who in his discretion may seek the advice of
38the Massachusetts dietetics and nutrition board established under section 181 of chapter 6, to
39consist of nine members who are citizens of the commonwealth, five of whom shall be licensed
40dietitians, one of whom shall be a licensed nutritionist, one of whom shall be a physician
41registered under Chapter 112 and two of whom shall be consumers who are representatives of
42the general public.
43 Members shall be appointed for a term of three years. No member shall be appointed to
44more than two consecutive full terms; provided, however, that a member appointed for less than
45a full term may serve two full terms in addition to such part of a full term, and a former member
46shall again be eligible for appointment after a lapse of one or more years. Any member of the
47board may be removed by the governor for neglect of duty, misconduct or malfeasance or
48misfeasance in office after being given a written statement of the charges against such member
49and sufficient opportunity to be heard thereon.
50 Said board shall elect its chairperson annually and shall meet at the call of such
51chairperson or upon the request of four or more members of the board. A quorum shall consist of
52at a majority of the appointed members. Said chairperson shall only vote on board matters in the
53case of a tie. Board members shall serve without compensation but shall be reimbursed for actual
54and reasonable expenses incurred in the performance of their duties. The board shall meet a
55minimum of four times annually. 4 of 26
56 SECTION 3. Chapter 112 of the General Laws is hereby amended by striking out
57sections 201 to 210, inclusive, and inserting in place thereof the following 11 sections:-
58 Section 201: Definitions applicable to sections. 201 to 210A, inclusive
59 (a) For the purposes of sections 201 to 210A, inclusive, the following words shall have
60the following meanings unless the context clearly requires otherwise:-
61 ''Board'', the board of registration of dietitians and nutritionists established in section 11D
62of chapter 13.
63 “Commission on dietetic registration”, the certifying body of the Academy of Nutrition
64and Dietetics or its successor organization, that is accredited by the National Commission for
65Certifying Agencies.
66 “Dietetics”, the integration and application of scientific principles derived from the study
67of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, pharmacology, food
68systems, management, and behavioral and social sciences to achieve and maintain optimal
69nutrition status of individuals and groups. The practice of dietetics includes the provision of
70nutrition care services, including medical nutrition therapy, in person or via telehealth, to
71prevent, manage, or treat chronic and acute diseases or medical conditions and promote wellness
72in inpatient and outpatient settings. Dietetics encompasses developing and ordering therapeutic
73diets, via oral, enteral, and parenteral routes and providing other advanced medical nutrition
74therapy and related support activities consistent with current competencies required of academic
75and supervised practice programs accredited by the Accreditation Council for Education in
76Nutrition and Dietetics and in accord with the Commission on Dietetic Registration’s Scope and
77Standards of Practice for the Registered Dietitian. 5 of 26
78 "General non-medical nutrition information", information on any of the following:
79 (1) Principles of human nutrition and food preparation;
80 (2)Principles of self-care and a healthy relationship with food;
81 (3) Essential nutrients needed by the human body;
82 (4) General and non-individualized recommended amounts of essential nutrients in the
83human body;
84 (5) Actions of nutrients in the human body;
85 (6)Non-individualized effects of deficiencies or excesses of nutrients in the human
86body; and,
87 (7) General education surrounding foods, herbs, and dietary supplements that are good
88sources of essential nutrients in the human body.
89 “Licensed Dietitian” or “LD”, a person duly licensed by the board under this chapter as
90meeting the dietitian requirements under section 203 and licensed to practice dietetics and
91nutrition, including the provision of medical nutrition therapy.
92 “Licensed Nutritionist” or “LN”, a person duly licensed by the board under this chapter
93as meeting the nutritionist requirements under section 203 and licensed to practice nutrition,
94including the provision of medical nutrition therapy.
95 “Medical nutrition therapy”, the provision of any of the following nutrition care services
96for the purpose of management or treatment of a disease or medical condition: (i) nutrition 6 of 26
97assessment; (ii) nutrition diagnosis; (iii) nutrition intervention; and (iv) nutrition monitoring and
98evaluation.
99 "Medical weight control", medical nutrition therapy provided for the purpose of reducing,
100maintaining, or gaining weight.
101 "Non-medical weight control", nutrition care services for the purpose of reducing,
102maintaining, or gaining weight that do not constitute the treatment or management of a disease or
103medical condition. "Non-medical weight control" shall include weight control services for
104healthy population groups to achieve or maintain a healthy weight.
105 “Nutrition”, the integration and application of scientific principles derived from the study
106of nutrition science, cellular and systemic metabolism, biochemistry, physiology, and behavioral
107sciences for achieving and maintaining health throughout the lifespan. The practice of nutrition
108includes the provision of nutrition care services, including medical nutrition therapy, in person or
109via telehealth, to prevent, manage, or treat chronic diseases or medical conditions and promote
110wellness in outpatient settings. Consistent with level of competence, the practice of nutrition may
111encompass the ordering of oral therapeutic diets; the ordering of medical laboratory tests related
112to nutritional therapeutic treatments; and the provision of recommendations on vitamin, mineral,
113and other dietary supplements.
114 “Nutrition assessment”, the ongoing, dynamic, and systematic process of ordering,
115obtaining, verifying, and interpreting biochemical, anthropometric, physical, nutrigenomic, and
116dietary data to make decisions about the nature and cause of nutrition-related problems relative
117to patient and community needs. It involves not only initial data collection, but also reassessment
118and analysis of patient or community needs and provides the foundation for nutrition diagnosis 7 of 26
119and nutritional recommendations and orders. Nutrition assessment may require ordering
120laboratory tests to check and track nutritional status. The collection of nutrition-related data does
121not, by itself, constitute nutrition assessment.
122 “Nutrition care process”, the systematic problem-solving method that licensed dietitians
123use to critically think and make decisions when providing medical nutrition therapy or to address
124nutrition-related problems and provide safe and effective care. The nutrition care process
125consists of four distinct, but interrelated steps including nutrition assessment, nutrition diagnosis,
126nutrition intervention, and nutrition monitoring and evaluation.
127 "Nutrition care services", any part or all of the following services provided within a
128systematic process:
129 (1) assessing and evaluating the nutritional needs of individuals and groups and
130determining resources and constraints in a practice setting, including ordering of nutrition-related
131laboratory tests to check and track nutrition status;
132 (2) identifying nutrition problems and establishing priorities, goals, and objectives that
133meet nutritional needs and are consistent with available resources and constraints;
134 (3) creating individualized dietary plans and issuing and implementing orders to meet
135nutritional needs of healthy individuals and individuals with disease states or medical conditions,
136including ordering therapeutic diets, and monitoring the effectiveness thereof;
137 (4) determining and providing appropriate nutrition intervention in health and disease,
138including nutrition counseling on food and prescription drug interactions;
139 (5) developing, implementing, and managing nutrition care systems; and, 8 of 26
140 (6) evaluating, making changes in, and maintaining appropriate standards of quality in
141food and nutrition services.
142 "Nutrition counseling", a supportive process, characterized by a collaborative counselor-
143patient relationship with individuals or groups, to establish food and nutrition priorities, goals,
144and individualized action plans and general physical activity guidance, that acknowledge and
145foster responsibility for self-care, to promote health and wellness or to treat or manage an
146existing disease or medical condition.
147 “Nutrition diagnosis”, identifying and labeling nutrition problems managed and treated
148by a licensed dietitian but does not include a medical diagnosis of the health status of an
149individual.
150 “Nutrition intervention”, purposefully planned actions, including nutrition counseling,
151intended to positively change a nutrition-related behavior, risk factor, environmental condition,
152or aspect of health status of an individual, and his or her family or caregivers, target groups, or
153community at large. “Nutrition intervention” shall include approving, ordering and monitoring
154therapeutic diets, and counseling on food and prescription drug interactions.
155 “Nutrition monitoring and evaluation”, identifying patient outcomes relevant to the
156nutrition diagnosis, intervention plans, and goals and comparing those outcomes with previous
157status, intervention goals, or a reference standard to determine the progress made in achieving
158desired outcomes of nutrition care and whether planned interventions should be continued or
159revised.
160 "Patient", means an individual recipient of nutrition care services. 9 of 26
161 "Provisionally licensed dietitian" or “provisionally licensed nutritionist”, a person
162provisionally licensed by the board under section 210A.
163 "Qualified supervisor", means an individual providing supervision who assumes full
164professional responsibility for the work of the supervisee by verifying, directing and approving
165the provided nutrition care services, medical nutrition therapy and other work being supervised.
166A “qualified supervisor” shall (i) be licensed or certified as a dietitian, nutritionist, dietitian
167nutritionist, or healthcare provider whose scope of practice includes medical nutrition therapy in
168the state or territory where such supervised practice experience occurs; (ii) meet such other
169criteria as the board may establish by rule or regulation when a state where the supervised
170practice occurs does not provide for licensure or certification of dietitians, dietitian nutritionists,
171or nutritionists; or (iii) meet the exemption requirements specified in subsection (d) of section
172206. To qualify as a qualified supervisor, an individual shall meet all the following requirements:
173 (1) Only supervise a clinical activity or nutrition care service for which the qualified
174supervisor is qualified and is authorized to perform;
175 (2) Develop and carry out a program for advancing and optimizing the quality of care
176provided by the student or trainee being supervised. A qualified supervisor and a student or
177trainee being supervised shall identify and document goals for supervised practice experience,
178the assignment of clinical tasks as appropriate to the supervisee’s evolving level of competence,
179the supervisee’s relationship and access to the qualified supervisor, and a process for evaluating
180the student or trainee’s performance;
181 (3) Oversee the activities of and approve and accept responsibility for the nutrition care
182services rendered by the student or trainee; 10 of 26
183 (4) At a minimum, be physically on-site and present where the supervisee is providing
184nutrition care services or be immediately and continuously available to the supervisee by means
185of two-way real-time audiovisual technology that allows for the direct, contemporaneous
186interaction by sight and sound between the qualified supervisor and the supervisee. If the
187qualified supervisor assigns a nutrition care service to a supervisee that is to be provided in a
188setting where the qualified supervisor is not routinely present, the qualified supervisor shall
189ensure that the means and methods of supervision are adequate to ensure appropriate patient
190care, which may include synchronous videoconferencing, or another method of communication
191and oversight that is appropriate to the care setting and the education and experience of the
192supervisee;
193 (5) Review on a regular basis the charts, records, and clinical notes of the persons
194supervised, and maintain responsibility for the supervisee’s clinical record keeping;
195 (6) Be available to render assistance during the provision of nutrition care services when
196requested by the patient or shall have arranged for another qualified practitioner lawfully able to
197render nutrition care services, to be available in the absence of the qualified supervisor;
198 (7) Limit the assignment of nutrition care services to those services that are within the
199training and experience of the supervisee and customary to the practice of the qualified
200supervisor;
201 “Registered Dietitian”, a person who is credentialed by the Commission on Dietetic
202Registration or its successor organization as a registered dietitian or a registered dietitian
203nutritionist and is authorized to use such title and the corresponding abbreviations “RD” or
204“RDN.” 11 of 26
205 "Telehealth", the use of electronic information and telecommunications technologies to
206provide services under this chapter between a practitioner in one location and an individual in
207another location to support clinical health care, public health, patient health-related education,
208and health administration.
209 “Therapeutic diet”, a diet intervention prescribed by a physician or other authorized non-
210physician practitioner that provides food or nutrients via oral, enteral, or parenteral routes as part
211of treatment of disease or clinical conditions to modify, eliminate, decrease, or increase
212identified micro- and macro-nutrients in the diet, or to provide mechanically altered food when
213indicated.
214 Section 202: Board of registration of dietitians and nutritionists; powers and duties
215 The board shall have the following powers and duties:
216 (1) to promulgate regulations and adopt such rules as are necessary to regulate the fields
217of dietetics and nutrition and the practice of licensed dietitians and licensed nutritionists;
218 (2) to receive, review, approve or disapprove applications for licensing and to issue
219licenses;
220 (3) to establish administrative procedures for processing applications and renewals and to
221hire or appoint such agents as appropriate for processing applications and renewals;
222 (4) to retain records of its actions and proceedings in accordance with the public records
223law;
224 (5) to provide for examination of applicants; 12 of 26
225 (6) to define by regulation the appropriate standards for education and experience
226necessary to qualify for licensure, and for the conduct and ethics which shall govern the practice
227of licensed dietitians and licensed nutritionists;
228 (7) to establish administrative procedures consistent with chapter 30A for the conduct of
229disciplinary proceedings;
230 (8) to fine, censure, suspend, revoke or otherwise discipline licensees pursuant to the
231disciplinary proceedings provided for herein;
232 (9) to summarily suspend the license of licensees who pose an imminent danger to the
233public provided a hearing is afforded to the licensee within seven days of the board's action to
234determine whether such summary action was warranted;
235 (10) to pursue such other functions and duties as may be necessary to carry out the
236provisions of sections 201 to 210A, inclusive;
237 (11) to seek injunctive relief for a temporary or permanent restraining order or injunction
238enjoining violations of this chapter; and
239 (12) to conduct national background checks by the submission of fingerprints to the
240Federal Bureau of Investigation through the Statewide Applicant Fingerprint Identification
241Services; provided, however, that reports from such background checks shall not be shared with
242entities outside of this state.
243 Section 203: Dietitians and nutritionists; application for original license, renewal or
244examination; educational and professional experience requirements 13 of 26
245 (a) An application for original license, renewal and to sit for the licensing examination
246shall be made on the forms approved by the board and accompanied by the appropriate fee. The
247fee for original license and renewal shall be determined by the commissioner of administration
248and finance pursuant to the provisions of section 3B of chapter 7 which shall be established at a
249level sufficient to and dedicated to offsetting the cost to the department of public health for the
250operations of the board.
251 (b) An application for original license as a dietitian shall be sworn and furnish
252satisfactory proof that the applicant is at least 18 years old, is capable and professionally
253competent, as determined by the board, to safely engage in the practices of dietetics and nutrition
254and has met one of the two following criteria:
255 (1) The applicant has met all the following educational, supervised practice experience,
256and examination requirements:
257 (i) Completion of a master’s degree or doctoral degree from a college or university
258accredited at the time of graduation by a U.S. institutional accrediting body for higher education
259recognized by the United States Department of Education or the foreign equivalent and
260completion of a program of study accredited by ACEND, or its successor organization;
261 (ii) Satisfactory completion of a planned, documented, supervised experience in dietetics
262and nutrition practice approved by the examining board and accredited by ACEND, or its
263successor organization, that involves at least 1000 hours of supervised practice experience under
264the supervision of a qualified supervisor as defined in section 201 of this chapter. An applicant
265shall complete a supervised practice experience under this subsection within 5 years of 14 of 26
266completing the education requirements unless the examining board, for extraordinary
267circumstances, grants an extension for a limited time; and,
268 (iii)Successful completion of the registration examination for dietitians administered
269by the Commission on Dietetic Registration, or its successor organization. If passage of the
270examination occurred more than 5 years before application, demonstration of completion of 75
271hours of continuing education meeting the continuing education criteria of the board per each 5-
272year period post examination; or,
273 (2)The applicant submits proof of holding a valid current registration with the
274Commission on Dietetic Registration, or its successor organization, that gives the applicant the
275right to use the term "registered dietitian," “registered dietitian nutritionist,” “RD,” or “RDN.”
276 (c) An application for original license as a nutritionist shall be sworn and furnish
277satisfactory proof that the applicant is at least 18 years old, is capable and professionally
278competent, as determined by the Board, to safely engage in the practices of nutrition and has met
279all the following educational, supervised practice experience, and examination requirements:
280 (1) Completion of a master’s or doctoral degree or validated foreign equivalent from a
281college or university accredited at the time of graduation by a U.S. institutional accrediting body
282for higher education recognized by the United States Department of Education with a major in
283human nutrition, foods and nutrition, community nutrition, public health nutrition, nutrition
284education, nutrition, nutrition science, clinical nutrition, applied clinical nutrition, nutrition
285counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and integrative
286health, or a comparable titled major, or a doctoral degree or validated foreign equivalent, in a
287field of clinical healthcare from a college or university accredited at the time of graduation by a 15 of 26
288U.S. institutional accrediting body for higher education recognized by the United States
289Department of Education. Regardless of the course of study, the applicant shall have completed
290coursework leading to competence in medical nutrition therapy, which includes, but may not be
291limited to: (i) fifteen semester hours of courses on clinical or life sciences, including at least 3
292semester hours on human anatomy and physiology or the equivalent; and (ii) fifteen semester
293hours of courses on nutrition and metabolism, including at least 6 semester hours on
294biochemistry.
295 (2) Completion of a planned, documented, and continuous supervised practice experience
296demonstrating competence in providing nutrition care services and medical nutrition therapy
297approved by the examining board and meeting all the following requirements:
298 (i) an applicant shall complete a supervised practice experience under this subsection
299within 5 years of completing the academic requirements under subsection (1) unless the
300examining board, for extraordinary circumstances, grants an extension for a limited time;
301 (ii) a supervised practice experience completed under this subsection shall involve at least
3021,000 hours in the following practice areas, with a minimum of 200 hours in each practice area:
303nutrition assessment; nutrition intervention; and nutrition monitoring and evaluation;
304 (iii) the experience is determined by the board to have prepared the applicant to provide
305nutrition care services for various populations of diverse cultures, genders, and across the life
306cycle, and to be able to competently formulate actionable medical nutrition therapies and
307interventions, education, counseling, and ongoing care for the prevention, modulation, and
308management of a range of chronic medical conditions; and, 16 of 26
309 (iv) a supervised practice experience completed under this subsection shall be under the
310supervision of a qualified supervisor as defined in section 201 of this chapter.
311 (3) Completion of the examination requirements by demonstrating:
312 (i) passage of the certified nutrition specialist examination administered by the Board for
313Certification of Nutrition Specialists, or its successor organization, or an equivalent examination
314on all aspects of the practice of nutrition that has been reviewed under a program that requires a
315master’s degree or higher, is accredited by the National Commission for Certifying Agencies,
316and is approved by the examining board. If passage of the examination occurred more than 5
317years before application, demonstration of completion of 75 hours of continuing education
318meeting the continuing education criteria of the board per each 5-year period post examination;
319or
320 (ii) the applicant holds a valid current certification with the Board for Certification of
321Nutrition Specialists, or its successor organization, that gives the applicant the right to use the
322title “certified nutrition specialist.”
323 Section 204: Dietitians and nutritionists; license examination
324 Competency examinations shall be administered at least twice each year to qualified
325applicants for licensing. The examinations may be administered by a national testing service.
326The examinations shall include the registration examination for dietitians administered by the
327Commission on Dietetic Registration and the certified nutrition specialist examination
328administered by the Board for Certification of Nutrition Specialists. The board may include other
329dietetics or nutrition therapy focused examinations designed for graduates with a master’s degree 17 of 26
330or higher that have been reviewed under a program accredited by the National Commission for
331Certifying Agencies and are approved by a two-thirds vote of the entire board.
332 Section 205: Discipline powers of the board of registration of dietitians and nutritionists;
333enforcement of order
334 (a) The board shall be empowered to deny or refuse to renew a license, or suspend or
335revoke a license or issue an order to cease and desist from certain conduct or to otherwise
336lawfully discipline any applicant or licensee who has:
337 (1) attempted to or obtained licensure by fraud or misrepresentation;
338 (2) engaged in unethical or unprofessional conduct, including, but not limited to, willful
339acts, negligence or incompetence in the course of professional practice;
340 (3) engaged in habitual intoxication or personal misuse of any drug, including alcohol,
341narcotics or controlled substance so as to adversely affect the person's ability to practice;
342 (4) been convicted in any court of a crime directly related to the duties and
343responsibilities of a dietitian or nutritionist or that was violent or sexual in nature or entered into
344a plea of guilty or nolo contendere to any such crime; or
345 (5) violated any lawful order, rule or regulation rendered or adopted by the board.
346 (b) Such disciplinary action against an applicant or licensee may include any or all of the
347following actions:
348 (1) denial, suspension, revocation or cancellation of, or refusal to renew such license;
349 (2) placement of such a license on probation; 18 of 26
350 (3) reprimanding or censuring the holder of such license;
351 (4) assessing upon the holder of such license a fine not to exceed $5,000 for each
352violation;
353 (5) requiring the holder of such license to perform, for each violation, up to 100 hours of
354community service in a manner and time to be determined by the board;
355 (6) requiring the holder of such license to complete additional education and training as a
356condition of retention or reinstatement of such license, or requiring an applicant for such license
357to complete additional education and training as a condition for future consideration of such
358application;
359 (7) requiring the holder of such license to practice under appropriate supervision for a
360period of time as determined by the board as a condition of retention or reinstatement of such
361license, or requiring an applicant for such license to practice under appropriate supervision for a
362period of time as determined by the board as a condition for future consideration of that
363application;
364 (8) requiring the holder of such license to participate in an alcohol or drug rehabilitation
365program or undergo drug testing, or both, as a condition of retention or reinstatement of such
366license, or requiring an applicant for such license to participate in an alcohol or drug
367rehabilitation program or undergo drug testing, or both, as a condition for future consideration of
368such application; and
369 (9) requiring the holder of such license to make restitution of not more than $50,000,
370where appropriate. 19 of 26
371 (c) Nothing in this section shall be deemed a limitation on the board's authority to impose
372such sanctions by consent agreement as are deemed reasonable and appropriate by the board.
373 (d) Any person aggrieved by any disciplinary action taken by the board pursuant to this
374section may, pursuant to section 64 of chapter 112, file a petition for judicial review of such
375disciplinary action with the supreme judicial court. The supreme judicial court shall have
376exclusive jurisdiction over all such petitions and any such petition shall be reviewed in
377accordance with the standards for review provided in paragraph (8) of section 14 of chapter 30A.
378 (e) After issuing an order for revocation or suspension the board may also file a petition
379in equity in the superior court in the county in which the respondent resides or conducts his
380practice, or in Suffolk county, to ensure appropriate injunctive relief to expedite the secure
381enforcement of its order.
382 Section 206: Exemptions
383 (a) Nothing in sections 201 to 210A, inclusive, shall be construed to affect or prevent the
384following:
385 (1) pursuing a degree in dietetics or nutrition at an accredited college or university and
386engaging in the practice of dietetics or nutrition under the supervision of a qualified supervisor
387and in accordance with professional standards of practice, provided that the person is designated
388by a title clearly indicating the person’s status as a student;
389 (2) fulfilling the professional experience requirement in dietetics or nutrition necessary
390for licensure and engaging in the practice of dietetics or nutrition under the supervision of a 20 of 26
391qualified supervisor and in accordance with professional standards of practice, provided that the
392person is designated by a title clearly indicating the person’s status as a trainee;
393 (3) disseminating non-individualized, written, general non-medical nutrition information
394in connection with the marketing and distribution of dietary supplements, food, herbs, or food
395materials, including providing explanations of their federally regulated label claims, any known
396drug-nutrient interactions, their role in various diets, or suggestions as how to best use and
397combine them so long as such information does not constitute medical nutrition therapy and the
398individual does not represent himself or herself using titles protected under 209 of this chapter;
399 (4) a dietitian or nutritionist who is serving in the armed forces or the United States
400Public Health Service or is employed by the Veterans Administration from engaging in the
401practice of medical nutrition therapy or using government issued titles, provided such practice or
402title use is related to such service or employment;
403 (5) any health care professional duly licensed under this chapter from engaging in the
404practice of medical nutrition therapy when medical nutrition therapy is within the professional’s
405licensed scope of practice and is incidental to the practice for which he or she is licensed, except
406such persons shall not represent themselves using titles protected under section 209 of this
407chapter;
408 (6) persons who do not represent themselves using titles protected under section 209 of
409this chapter from providing medical weight control for obesity as part of: (i) an instructional
410program that has been approved in writing by one or more licensed dietitians, licensed
411nutritionists or health care practitioners licensed or certified under this chapter whose authorized
412scope of practice includes medical nutrition therapy.; or,(ii) a plan of care that is overseen by a 21 of 26
413health professional licensed under this chapter whose scope of practice otherwise authorizes the
414health professional to provide and delegate medical nutrition therapy, so long as the medical
415weight control services are not discretionary and do not require the exercise of professional
416judgment.
417 (7) an individual who is employed by, or who contracts with, the state, a county, a
418municipal agency, or another political subdivision, for the purposes of providing nutrition care
419services for the special supplemental nutrition program for Women, Infants, and Children,
420created pursuant to 42 U.S.C. sec. 1786, and who is authorized within the discharge of her or her
421official duties to use the title “nutritionist” from providing nutrition care services within the
422discharge of his or her official duties to use the title “nutritionist” from providing nutrition care
423services within the discharge of his or her official duties;
424 (8) A person who does not represent himself or herself using titles protected under 209 of
425this chapter from assisting with the provision of medical nutrition therapy if the person performs
426only support activities that are not discretionary and that do not require the exercise of
427professional judgment for their performance, and the person is directly supervised by a licensed
428dietitian, licensed nutritionist, or a health care practitioner licensed in this state acting within the
429scope of such practitioner’s license;
430 (9) a person from providing individualized nutrition recommendations for the wellness
431and primary prevention of chronic disease, health coaching, holistic and wellness education,
432guidance, motivation, behavior change management, services for non-medical weight control, or
433other nutrition care services so long as:(i) the services do not constitute medical nutrition
434therapy; (ii) the person does not represent himself or herself using titles protected under section 22 of 26
435209; and (iii) the person does not hold himself or herself out as licensed or qualified to engage in
436the practice of medical nutrition therapy; or
437 (10) an out-of-state practitioner from providing medical nutrition therapy services via
438telehealth to a patient located in the commonwealth if the out-of-state practitioner is a health care
439practitioner licensed or certified in good standing in any state or territory, with a licensed or
440certified scope of practice that includes the provision of medical nutrition therapy and provides
441medical nutrition therapy services via telehealth: (i) in consultation with a medical nutrition
442therapy practitioner licensed in the commonwealth who has a practitioner-patient relationship
443with the patient; (ii) for a patient whom the practitioner has a current practitioner-patient
444relationship, and the patient is temporarily present in this State for business, work, education,
445vacation, or other reasons; or, (iii) pursuant to a current practitioner-patient relationship and such
446care is limited to temporary or short-term follow-up medical nutrition therapy services to ensure
447continuity of care.
448 Section 207: Dietitians and nutritionists; license renewal biennially; continuing
449education; proof of compliance
450 Every person licensed by the board in accordance with sections 201 to 210A, inclusive,
451shall apply to the board for renewal of license on or before the anniversary of the date of birth of
452the licensee next occurring more than 24 months after the date of issuance of the license and
453every two years thereafter. An application for renewal of license shall be approved for those
454applicants who provide evidence of successful completion of at least 30 hours biannually of
455continuing education for licensed dietitians or nutritionists as approved by the board, and provide
456evidence of compliance with such other requirements or equivalent requirements as approved by 23 of 26
457the board. Upon satisfactory proof of compliance with the licensing requirements dietitians or
458nutritionists and successful completion of said continuing education requirement the board shall
459issue a renewal license showing that the holder is entitled to be licensed for two years. The board
460may provide for the late renewal of a license which has lapsed and may require the payment of a
461late fee.
462 Section 208: Dietitians and nutritionists; authority for recognition of licensees from other
463states
464 The board may provide reciprocal recognition for registered, certified or licensed
465dietitians or nutritionists from other jurisdictions, provided that the standards of registration,
466certification and licensure in the jurisdiction are substantially the same as those set forth in
467sections 201 to 210A, inclusive..
468 Section 209: Dietitians and nutritionists; penalty for illegal representation or practice
469 (a) Except as otherwise provided in sections 201 to 210A, inclusive, no person shall:
470 (1) engage in or offer to provide medical nutrition therapy unless such person is licensed
471by the board under this chapter;
472 (2) designate or hold himself or herself out as a licensed dietitian or use or assume the
473title “dietitian,” “dietitian nutritionist,” “dietician,” or any other title indicating that the person is
474a licensed dietitian or append to or use in conjunction with that person’s name the letters “LD” or
475“LDN” unless the person is a licensed dietitian; 24 of 26
476 (3) use or assume any title indicating that the person is a licensed nutritionist or append to
477or use in conjunction with that person's name the letters “LN” unless the person is a licensed
478nutritionist;
479 (4) designate or hold himself or herself out as a nutritionist or use or assume the title
480“nutritionist,” unless the person is licensed by the board under this chapter;
481 (b) Identifying oneself using an earned, federally trademarked nutrition credential is not
482prohibited, but such permitted use does not give the right to practice medical nutrition therapy or
483identify using the general titles of “dietitian,” “dietitian nutritionist,” or “nutritionist” unless an
484individual is also licensed by the board under this chapter.
485 (c) Any person violating the requirements of this section without first being issued a
486license by the board to practice under this chapter shall be guilty of a misdemeanor and upon
487conviction shall be punished by a fine of not more than $5,000 or by imprisonment for a term not
488to exceed one year or both. Upon conviction of a subsequent violation, such person shall be
489punished by a fine of not more than $10,000 or two years imprisonment or both.
490 (d) A person who receives any money or the equivalent thereof as a fee, commission,
491compensation or profit by, or in the consequence of a violation of any provision of sections 201
492to 210A, inclusive, shall, in addition to any other penalty, be liable for a fine of not less than the
493sum of the money so received and not more than three times the sum so received as may be
494determined by the board.
495 (e) No action or suit shall be instituted nor recovery had, in any court of the
496commonwealth by any person for compensation for any act done or service rendered as a 25 of 26
497licensed dietitian or licensed nutritionist, unless such person held a valid current license issued
498by the board under this chapter at the time of offering to perform such act or service.
499 Section 210: Dietitians and nutritionists; addresses
500 (a) Each licensed dietitian and licensed nutritionist shall advise the board of the address
501of the licensee’s principal place of business and all other addresses at which the licensee is
502currently engaged in business. The licensee shall immediately give written notification to the
503board upon a change of address and shall apply for an amended license. Each licensed dietitian
504and licensed nutritionist shall also advise the board in writing of the licensee’s current residential
505address.
506 Section 210A; Dietitians and nutritionists; provisional licensure
507 (a) The board, in its discretion, may issue a provisional license for an individual to
508engage in the practice of dietetics or the practice of nutrition for one year under the supervision
509of a licensed dietitian upon the filing of an application with appropriate fees and submission of
510evidence of successful completion of the education and supervised practice requirements for
511dietitian licensure provided for in section 203 of this chapter.
512 The board, in its discretion, may issue a provisional license for an individual to engage in
513the practice of nutrition for one year under the supervision of a licensed dietitian or licensed
514nutritionist upon the filing of an application with appropriate fees and submission of evidence of
515successful completion of the education and supervised practice requirements for nutritionist
516licensure provided for in section 203 of this chapter. 26 of 26
517 The fee for a provisional license and for renewal thereof shall be determined by the
518commissioner of administration and finance pursuant to the provisions of section 3B of chapter 7
519 SECTION 4. Any person duly appointed to board of registration of dietitians and
520nutritionists established under section 11D of chapter 13 as of the effective date of this Act shall
521continue to serve out their term in accordance with said section 11D until their successor is
522appointed.
523 SECTION 5. Notwithstanding any general or special law to the contrary, any person
524licensed by the board of registration of dietitians and nutritionists and any person who has
525applied for licensure by said board prior to the effective date of this Act shall remain licensed,
526eligible for reactivation, or eligible for licensure under the requirements in place at the time of
527application, so long as the applicant or licensee remains in good standing and maintains an active
528or inactive license. Any person licensed by the board as a dietitian/nutritionist as of the effective
529date of this Act shall be licensed as a licensed dietitian without meeting any additional
530requirements so long as such person holds the registered dietitian credential issued by the
531Commission on Dietetic Registration. Any person licensed by the board as a dietitian/nutritionist
532as of the effective date of this Act that does not hold the registered dietitian credential issued by
533the Commission on Dietetic Registration shall be licensed as a licensed nutritionist without
534meeting any additional requirements.