Ask the Tennessee Dietetics Licensing Board to Change the Law on Nutrition Licensing!

In a free and open society, consumers should be able to see the nutritionist of their choice and decide which credentials they prefer. Yet all around the country, special interests are creating monopolies that unfairly restrict the market for nutrition professionals.

To fight against these monopolies, ANH-USA has sent letters to legislators in Tennessee and fifteen other states, warning them that their restrictive nutrition boards are violating federal law in the aftermath of recent court rulings.

In these states, the dietetic/nutrition board is often stacked with Registered Dietitians—who then pass laws restricting licensure to RDs only and prohibiting nutritionists who may have superior qualifications and far more experience. We sent letters both to those states’ dietetic boards and to their attorneys general, warning them that their restrictive practices are in violation of federal law and the First Amendment.

The Tennessee legislature is also considering a bill, HB 1616, that would extend the nutrition monopoly for six more years.

Please urge your state legislators to support a free and open market for nutrition professionals, and to vote NO on HB 1616.

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Nutrition Counseling in a Truly Open Marketplace

Dear [Decision Maker],

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I was distressed to learn that Tennessee may be in violation of federal law in its insistence that only Registered Dietitians may provide nutritional counseling to patients. In February, the US Supreme Court ruled that a North Carolina professional board -- a dental board, in this case -- violated antitrust laws by shutting down competing service providers. I am concerned that Tennessee is making itself vulnerable to federal felony prosecution and civil damages under antitrust law and the First Amendment if you attempt to enforce our state's current dietetics practice laws.

Restricting the practice of nutrition counseling to Registered Dietitians alone is grossly unfair to nutritionists. Nutritionists and dietitians employ differing therapeutic philosophies with different degrees of expertise and training. In general, nutritionists have comprehensive knowledge of how nutrition impacts the whole body; they focus on medical nutrition therapy, metabolism, and biochemistry; and they work primarily in private practice settings conducting one-on-one nutrition counseling. Nutritionists practice an integrative approach to medicine and concentrate on prevention and treatment of chronic disease. Dietitians, on the other hand, are experts in nutrition science with training focusing on institutional diets and food service management -- developing diets for hospital patients, school food service programs, and nursing homes.

Because of the substantial differences between the two professions, conflating them and governing their licensure with a single Board is unfair. There should be separate licensing processes for nutritionists and dietitians. These are different philosophical approaches to nutrition therapy, and they should be recognized as such. There need to be separate boards for nutritionists and dieticians, and separate examination requirements as well.

I believe in a competitive and open market for nutrition professionals. Consumers and payers (including hospitals and Medicare) should be able to decide what credentials, education, and experience they want in a nutrition provider. I urge our Tennessee dietetic board to make the profession of nutrition counseling open to all qualified nutrition professionals, not just those with RDs after their name.

I also urge the legislature to vote NO on HB 1616, which would extend the Board of Dietitian/Nutritionist examiners for six more years.

Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]