45:16B-8 Licensure required to provide medical nutrition therapy, exceptions.

8. A person shall not provide medical nutrition therapy, whether compensated or not, unless the person holds a valid license issued pursuant to P.L.2019, c.331 (C.45:16B-1 et al.) to practice in this State, except that nothing in P.L.2019, c.331 (C.45:16B-1 et al.) shall be construed to:

(1) prohibit a person licensed to practice pursuant to Title 45 of the Revised Statutes from engaging in the practice or teaching of dietetics and nutrition within the scope of that person's license or any other person licensed to practice or certified to teach in this State under any other law from engaging in the practice or teaching for which that person is licensed, regulated, or certified;

(2) prohibit a student, trainee, or other individual working under the supervision of an individual who is legally authorized to provide nutrition care services for the purpose of treatment or management of disease or medical condition and who meets the criteria outlined in section 9 of P.L.2019, c.331 (C.45:16B-9) while fulfilling an experience requirement or pursuing a course of study to meet requirements for licensures;

(3) prohibit any person from practicing dietetics and nutrition within the scope of the person's official duties when employed by a department, agency, bureau, division, or other unit of the federal government, serving in the Armed Forces of the United States, or employed by any State institution or facility;

(4) prohibit any person who does not hold himself or herself out to be a licensed dietitian nutritionist or licensed nutritionist from furnishing nutrition information, providing evaluation, guidance, information, and education as to the use of food, food materials, or dietary supplements, or from engaging in the explanation to persons as to the use of food or food products including dietary supplements;

(5) prohibit any person providing medical weight control from doing so through a program of instruction that has been approved in writing by a licensed dietitian nutritionist or licensed nutritionist in this State, a dietitian nutritionist or nutritionist licensed in another state that has licensure requirements substantially equivalent to those of this State, as determined by the board, a dietitian registered by the Commission on Dietetic Registration, a nutritionist certified by the Board for Certification of Nutrition Specialists, a Diplomate of the American Clinical Board of Nutrition, or is part of a plan of care overseen by a New Jersey State licensed health care provider who is legally authorized to provide nutrition care services for the purpose of treatment or management of a disease or medical condition;

(6) prohibit a nutrition and dietetic technician from providing nutrition services under the supervision of a licensed dietitian nutritionist or licensed nutritionist;

(7) prohibit an individual from providing nutrition care services while under the direct supervision of a New Jersey State licensed health care provider who is legally authorized to provide nutrition care services for the purpose of treatment or management of a disease or medical condition; or

(8) prohibit any individual from providing nutrition information, guidance, encouragement, individualized nutrition recommendations, behavior change management, coaching, assessments, weight control services, or other nutrition care services that do not constitute medical nutrition therapy as defined in section 3 of P.L.2019, c.331 (C.45:16B-3), provided that the individual does not hold himself or herself out as a licensed dietitian nutritionist or licensed nutritionist or as a provider of medical nutrition therapy.

L.2019, c.331, s.8.