§ 43-44-10 — Persons excepted from license requirement

This chapter does not prevent or restrict the practice, services, or activities of:
1. A licensed health care practitioner duly licensed in accordance with title 43 who is
acting within the scope of the individual's licensed profession, consistent with the
accepted standards of the practitioner's profession, if the practitioner does not
represent the practitioner as a licensed registered dietitian, nutritionist, or licensed
nutritionist.
2. A student or trainee, working under the onsite supervision of a qualified supervisor
while fulfilling an experience requirement or pursuing a course of study to meet the
licensure requirements of section 43-44-07 or 43-44-08, for a time period of no more
than five years after the student or trainee completed the course requirements for
licensure and the student or trainee is designated by a title that clearly indicates that
individual's status as a student or trainee.
3. An individual providing support activities related to medical nutrition therapy, if the
individual works under the general supervision of a registered dietitian licensed by this
board, licensed nutritionist licensed by this board, or other health care practitioner
licensed by the appropriate North Dakota board whose licensed scope of practice
includes the provision of nutrition care services for the purpose of managing a disease
or medical condition.
4. An individual providing nutrition care services for the purpose of treating or managing
a disease or medical condition as a duty of serving in the armed forces.
5. A foreign practitioner providing nutrition care services for the purpose of treating or
managing a disease or medical condition in this state if the practitioner is acting within
the scope of practice designated by the foreign practitioner's license and by this title
without obtaining a license if the services are provided through a remote means and
are a continuation of an existing relationship between the foreign practitioner and the
individual receiving the services which was formed in the state or jurisdiction in which
the foreign practitioner is currently licensed.
6. A foreign practitioner providing nutrition care services for the purpose of treating or
managing a disease or medical condition in this state if the practitioner is acting within
the scope of practice designated by the foreign practitioner's license and this title
without obtaining a license if the services are provided in consultation with a person
licensed by the board and if the foreign practitioner has no direct communication in this
state with the individual receiving the services except in the presence of the individual
licensed by the board. Both the foreign practitioner and the individual licensed by the
board are responsible for the services provided.
7. An educator who is in the employ of a federal, state, county, or municipal agency, or
other political subdivision, or an elementary or secondary school, or an accredited
institution of higher education insofar as the activities and services are part of the
duties of the employee's position and do not involve provision of medical nutrition
therapy; or who is in the employ or service of a nonprofit organization approved by the
board.
8. An individual having received a baccalaureate degree in home economics or family
and consumer sciences, if the individual does not represent that the individual is a
licensed registered dietitian, nutritionist, or licensed nutritionist, insofar as the services
and activities are within the scope of that individual's education and training.
9. An individual who markets or distributes food, food materials, herbs, or dietary
supplements, or any individual who engages in the advising of the use of those
products, or the preparation of those products, or the counseling of individuals or
groups in the selection of products to meet normal nutritional needs, if that individual
does not represent that individual is a licensed registered dietitian, nutritionist, or
licensed nutritionist.

10. An individual from providing nutrition information, individualized nutrition
recommendations, health coaching, holistic and wellness education, guidance,
motivation, behavior change management, nonmedical weight control, or other
nutrition care services if the services do not constitute medical nutrition therapy and
the individual does not hold the individual out as a licensed registered dietitian,
nutritionist, or licensed nutritionist or as a provider of medical nutrition therapy or
otherwise violate provisions of this chapter.
11. An individual providing medical weight control services for individuals with prediabetes
or obesity:
a. Under a program of instruction approved in writing by one of the following:
(1) A licensed registered dietitian or licensed nutritionist in this state;
(2) A dietitian nutritionist or nutritionist licensed in another state that has
licensure requirements at least as stringent as the licensure requirements
under this chapter, as determined by the board;
(3) A registered dietitian nutritionist; or
(4) A certified nutrition specialist; or
b. As part of a plan of care overseen by a health care practitioner licensed in this
state and acting within the scope of the individual's licensed profession,
consistent with the accepted standards of the practitioner's profession to provide
nutrition care services for the purpose of treatment or management of a disease
or medical condition.
12. An individual who provides nutrition care services without remuneration to family
members.