Government Affairs :: Frequently Asked Questions Regarding the Business & Professions Code Section 2585-2586
 
Q: Who can use the titles Dietitian; Registered Dietitian (RD); and Dietetic Technician, Registered (DTR)?
A: Only a person who meets the qualifications in California Business and Professions Code, Section 2585 (a) can use the above mentioned titles.
Q: Can a health professional who was trained in another country work as a Dietitian, Registered Dietitian, Nutritional Professional or Dietetic Technician, Registered?
A: No, not until it has been determined by the appropriate registration authority that the individual possesses the health professional qualifications identified in stature.  The individual must meet the qualifications in the B&P Code, Section 2585. Individuals possessing a Nutrition Educator or Nutrition Consultant Certificate cannot work as a dietitian and are not qualified nutritional professionals unless they obtain the proper registration status.
Q: Who can prescribe or order a diet?
A:
The diet must be ordered by the patient’s physician but when the MD specifies “Dietitian to order diet” and there is an approved written protocol that covers the patient’s circumstances, then the RD can determine the diet.  If the patient’s condition is outside of the parameters established by the protocol, the general delegation noted above is inadequate.
Q: A physician has approved a protocol specifically allowing the RD to modify the caloric level or sodium level of a therapeutic diet.  If the RD has received a physician referral to provide MNT and then determines that the diet should be modified, can the RD change the diet order?
Note: the “diet” can be changed.  The “order” cannot be changed.  This is the nuance we need to be careful about.
A: If the physician uses a protocol specifically to establish the parameters of what the RD may provide absent specific instructions from the physician, then changes or implementation pursuant to that protocol are proper.  The RD is not changing the order but is implementing the order from the MD.  This is precisely the type of situation that physicians seek to use a protocol – establish the parameters and let the RD handle the details within those parameters but obtain a re-evaluation by the physician if those parameters are exceeded.
Q: An RD can provide MNT, accept and transmit verbal orders, and order medical laboratory tests with an established written protocol approved by the patient’s physician.  What is the purpose of the protocol and are there any limitations?
A:
The approved protocol is an alternative to a written prescription or entry in the patient’s medical record that is signed by the health care provider detailing the patient’s diagnosis and the desired objective of dietary treatment.  The protocol authorizes and controls the provision of medical nutritional treatment only.  Only a physician can authorize MNT via protocol, although certain other health care providers are allowed to prescribe dietary treatment by written orders.

Additional protocol may be developed and approved to allow a RD to accept verbal or electronically transmitted orders from a physician to implement medical nutrition therapy.  In addition, an approved protocol may authorize a RD to order medical laboratory tests related to nutritional therapeutic treatments.

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