Frequently Asked Questions About Dietetics Regulation
1. To what extent is the unregulated practice of dietetics harmful to consumers?
It's not clear that the unregulated practice of dietetics is harmful to consumers in a systematic way. For example, a 1999 West Virginia preliminary performance review of the board of licensed dieticians found that the absence of dietetic licensure in the state would not cause "any unfavorable effects" on the public. [1] In 2001, Colorado's Sunrise review found "that the unregulated practice of Registered Dietitians and nutritionists has not resulted in significant harm to Colorado consumers." [2]
2. Wouldn't the absence of dietician regulation leave consumers unprotected should something go wrong with dietetic services received?
According to Marion Ohio lawyer Michael Piacentino, consumers still have redress for injuries occurring in an unregulated dietetic market. [3] For example, the Attorney General of the State of Ohio can and will act on behalf of injured individuals" who have been hurt in any consumer transaction. Also, common law allows consumers to seek retribution through tort for suits based on negligence, fraud, and contract.
3. Are there alternative to mandatory regulation?
An alternative is allowing practitioners of dietetics to decide what level of certification to hold. For example, the Commission on Dietetic Registration awards certificates of completion to those who meet the test standards of the American Dietetic Association. [4] Voluntary certification would allow certified dietitians to better differentiate themselves from those who would prefer not to be certified.
4. What are the standards in other states?
According to a review by the Colorado Department of Regulatory Agencies, as of 2001 nine states did not have regulated dietitians. The states are Colorado, Arizona, Michigan, Nevada, New Jersey, Pennsylvania, South Carolina, Virginia and Wyoming. [5] Forty-one states have laws that regulate the practice of dietetics in some manner, with thirty states requiring licensure and four a strict certification program. [6]
Notes
[1] Colorado Department of Regulatory Agencies, Office of Policy and Research, "Sunrise Review 2001," www.dora.state.co.us/opr/2001dietitians.pdf, 16.
[2] Ibid., 36.
[3] Testimony of C. Michael Piacentino before the Ohio House Commerce and Labor Committee, 10 June 2003.
[4] Colorado Department of Regulatory Agencies, 31.
[5] Ibid., 13.
[6] Ibid., 31.
Casey Burnett was a Fall 2003 Research Intern with The Buckeye Institute.
