AS Title 8, Chapter 38: Dietitians and Nutritionists

Chapter 38. Dietitians and Nutritionists. Sec. 08.38.010. License required. (a) An individual may not, unless licensed as a dietitian or nutritionist by the department, use the title “dietitian,” “licensed dietitian,” “nutritionist,” “licensed nutritionist,” or an occupational title using the word “dietitian” or “nutritionist.” (b) The only penalty that may be imposed on an individual who engages in conduct that violates (a) of this section is a fine of not more than $1,000 under a citation issued under AS 08.01.102 — 08.01.104. (c) An individual who obtains or attempts to obtain a dietitian or nutritionist license by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a dietitian or nutritionist license, is punishable by a fine of not more than $1,000 under a citation issued by the department. For a citation under this subsection, the department shall use the citation procedures applicable to citations for unlicensed practice under AS 08.01.102 — 08.01.104, and an individual who receives a citation under this subsection is subject to the same requirements as an individual who receives a citation under AS 08.01.102 — 08.01.104. Sec. 08.38.020. Dietitian licensure. The department shall issue a dietitian license to an individual who pays the required fee, applies on a form provided by the department, and submits evidence satisfactory to the department of being certified as a Registered Dietitian by the Commission on Dietetic Registration. Sec. 08.38.030. Nutritionist licensure. The department shall issue a nutritionist license to an individual who pays the required fee, applies on a form provided by the department, and submits evidence satisfactory to the department that the individual either (1) has qualified as a diplomate of the American Board of Nutrition or as a Certified Nutrition Specialist with the Certification Board for Nutrition Specialists; or (2) meets the following qualifications: (A) has received a master's or doctoral degree from an accredited college or university with a major in human nutrition, public health nutrition, clinical nutrition, nutrition education, community nutrition, or food and nutrition; and (B) has completed a documented work experience in human nutrition or human nutrition research of at least 900 hours. Sec. 08.38.040. Grounds for suspension, revocation, or refusal to issue a license. The department may refuse to issue a license or impose a disciplinary sanction authorized under AS 08.01.075 on an individual licensed under this chapter when the department finds that the license applicant or licensee, as applicable, (1) secured or attempted to secure a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) has been convicted of a felony or of another crime that affects the licensee's ability to continue to practice competently and safely; (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department; (6) continued dietetics or nutrition practice after becoming unfit due to (A) professional incompetence; (B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely; (C) physical or mental disability; or (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients. Sec. 08.38.050. Licensure by credentials. The department may issue a license to an applicant who holds a current unrestricted license as a dietitian or nutritionist in another state or political jurisdiction of the United States or Canada if, in the judgment of the department, the standards for licensure in the other jurisdiction are not less stringent than the requirements in this chapter. Sec. 08.38.080. Exemption. The requirements of this chapter do not apply to (1) an animal nutritionist whose activities are limited to the nutritional care of animals; animal nutritionists may use the title “nutritionist” as long as they provide nutrition services only to animals; (2) a person who is serving as an employee of the federal government whose job title includes the term “dietitian” or “nutritionist”; or (3) a person who is serving as a dietitian or nutritionist in the armed forces of the United States, but the exemption provided under this paragraph does not authorize the person to use the title “dietitian,” “licensed dietitian,” “nutritionist,” “licensed nutritionist,” or an occupational title using the word “dietitian” or “nutritionist” outside the scope of the person's military service. Sec. 08.38.090. Regulations. The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this chapter. Sec. 08.38.100. Definitions. In this chapter, (1) “accredited college or university” means a college or university accredited by the regional or national accrediting agencies recognized by the Council on Post-Secondary Accreditation and the United States Department of Education at the time the degree was conferred; (2) “Commission on Dietetic Registration” means the Commission on Dietetic Registration of the American Dietetic Association that is a member of the National Commission on Health Certifying Agencies, which establishes national standards of competence for individuals participating in the health care delivery system; (3) “department” means the Department of Commerce, Community, and Economic Development; (4) “dietetics or nutrition practice” means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, food management, and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services.