Is it within the scope of practice for NC LDNs to write diet orders?

Answer:

Effective July 1, 2018 the ordering of therapeutic diets is addressed in the Dietetics/Nutrition Practice Act.  Under N.C. General Statute § 90-365 a license is required to provide medical nutrition therapy.  Medical nutrition therapy is defined under N.C.G.S. § 90-352(3a) as the provision of nutrition care services for the purpose of managing or treating a medical condition.  Per section (4) of § 90-352 nutrition care services are defined as:

  1. Assessing and evaluating the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting, including ordering laboratory tests related to the practice of nutrition and dietetics.
  2. Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints.
  3. Providing nutrition counseling in health and disease.
  4. Developing, implementing, and managing nutrition care systems.
  5. Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services.
  6. Ordering therapeutic diets.

Further statutory guidance regarding enteral and parenteral nutrition therapy is provided in N.C. General Statute § 90-365.6 where it is stated:

(a) Enteral and parenteral nutrition therapy shall consist of enteral feedings or specialized intravenous solutions and shall only be ordered by an individual licensed under this Article who meets one of the following criteria:

(1) The individual is a Registered Dietitian Nutritionist registered with the Commission on Dietetic Registration.
(2) The individual is a Certified Nutrition Support Clinician certified by the National Board of Nutrition Support Certification.
(3) The individual meets the requirements set forth in the rules adopted by the Board.

(b) Nothing in this Article shall be construed to limit the ability of any other licensed health care practitioner in this State to order therapeutic diets, so long as the ordering of therapeutic diets falls within the scope of the license held by the health care practitioner.

The NCBDN regulations found under Title 21, Chapter 17, of the NC Administrative Code have not yet been changed to align with these statutory changes. The NCBDN aims to adopt regulatory changes, which would support the recent statutory changes, in 2019. 

It is important to keep in mind that all licensees of the NCBDN are expected to abide by the Code of Ethics for Professional Practice and Conduct as outlined in 21 NCAC 17.0114. This includes, but is not limited to, assuming responsibility and accountability for personal competence in practice and recognizing and exercising professional judgment within the limits of the licensee’s qualifications and not accepting or performing professional responsibilities which the licensee knows or has reason to know that he or she is not qualified to perform.

With the Code of Ethics in mind, the NCBDN advises that as a licensee, if you are asked to order patient diets independently, without requiring the supervision or approval of a physician or other practitioner, licensees ensure: they are competent to do so, they become part of the medical staff or receive privileges from the hospital or long-term care facility to order therapeutic diets, and that writing such orders is addressed within a clear protocol or policy adopted by facility.

Helpful AND documentation regarding the 2014 CMS order writing regulation changes is found below:

Practice Tips – AND Standards of Practice Document PDF Doc

Practice Tips – RDs and Hospital Privileges 2015  PDF doc

Practice Tips – RDs and Nutrition (Diet) Order Writing 2015 PDF doc

     

Frequently Asked Questions What nutrition care services can unlicensed assistive personnel provide What can I do with certifications or online programs What areas of nutrition and dietetics require licensure Who can become licensed as a dietitian or nutritionist Who can become licensed as a nutritionist What titles are restricted by the law? How does licensure impact my Registered Dietitian (R.D.) title? What are the penalties for violations of the law? What other states require a license to practice dietetics/nutrition? How often am I required to renew my license? What can happen if I forget to renew my license? Do I need to renew my license if I am currently unemployed? What should I do if I suspect my licensure card was copied, stolen, or is being used fraudulently? What documentation of continuing education is required to maintain a license? Who is eligible for a provisional license? What are the requirements for supervision of persons claiming exemption from licensure? Who is exempt from licensure and regulation by the North Carolina Board of Dietetics/Nutrition? What can an unlicensed person, who is not otherwise exempt, do in the field of dietetics/nutrition? Is it within the scope of practice for NC LDNs to write diet orders? Is my license valid for one year from when I first apply and get licensed? What do I need to do if I get married or divorced and my name changes? How do I reactivate or reinstate my license? What are the considerations when providing nutrition care services via Telehealth?