(a) It is unlawful for any person to engage in the practice of dietetics/nutrition, to act or represent such person to be a dietitian or a nutritionist or to use such titles as “dietitian/nutritionist,” “licensed dietitian,” “licensed nutritionist,” or such letters as “L.D.,” “L.N.,” or any facsimile thereof, or any word, letters or title indicating or implying that such person is a dietitian/nutritionist, unless such person holds a license and otherwise complies with this chapter and the rules and regulations adopted by the board.

(b) Nothing in this chapter shall be construed to affect, prevent or restrict:

(1) Persons qualified and licensed to practice other health professions from engaging in the practice of dietetics/nutrition when incidental to the practice of their profession. This chapter shall in no way apply to persons licensed to practice medicine or osteopathic medicine pursuant to chapters 6 and 9 of this title;

(2) Students enrolled in an approved academic program in dietetics, if such practice constitutes a part of a supervised course of study and such student is designated by title clearly indicating such student's status as a student or trainee;

(3) A dietitian serving in the armed forces or the public health service of the United States or employed by the veterans administration from engaging in the practice of dietetics; provided, that such practice is related to such service or employment;

(4) Persons performing the activities and services of a nutrition educator in the employment of a federal, state, county or municipal agency or an elementary or secondary school or accredited degree granting educational institution, insofar as such activities and services are part of a salaried position;

(5) Federal, state, county or local employees involved with nutrition-related programs, including, but not limited to, the cooperative extension service, child nutrition programs and Project Headstart from engaging in the practice of dietetics/nutrition within the discharge of their official duties; provided, that any such person engaging in dietetic/nutrition practice outside the scope of such official duty must be licensed as provided in this section;

(6) Persons employed in a hospital or nursing home as defined in § 68-11-201 and subject to licensure by the Tennessee board for licensing health care facilities; or

(7)

(A) Persons who do not hold themselves out to be licensed and/or registered dietitians/nutritionists of the right to provide services and information related to nonmedical nutrition while:

(1) Employed by or operating a health weight loss or fitness program;

(2) Employed by or operating a health food store;

(3) Employed by or operating a business that sells health products, including dietary supplements, food or food materials, or provides nonmedical nutritional information or distributes nutritional literature; or

(4) Conducting classes or disseminating information related to non-medical nutrition.

(B) “Nonmedical” means engaging in any practice that does not constitute the practice of medicine, osteopathy, chiropractic, dentistry or podiatry.