North Dakota Statutes

Medical nutrition therapy is a medical treatment. Like other non-physician practitioners providing medical treatments, registered dietitian nutritionists generally can practice MNT because of licensure and certification laws, which provide authority for RDNs to provide this medical service. It is with this understanding that the Academy strongly recommends — unless there is an applicable exception or exemption or a state does not provide for licensure or certification requirements — practitioners hold licensure or certification in all states where the practitioner's clients or patients are located when services are provided.

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Statute and Regulation Details

Background info and terminology

Licensure (or Certification) by Endorsement of RDN Credential/Exemptions

43-44-08. Requirements for licensure - Licensed registered dietitian.

1. Applicants for licensure as a licensed registered dietitian shall file a written application with the board, submit any fees required by the board, and submit proof of completion of the following requirements:

a. Have satisfactorily completed the education and experience requirements for registered dietitians nutritionists approved by the commission on dietetic registration of the academy of nutrition and dietetics or its predecessor or successor organization.

b. Have satisfactorily completed the examination approved and administered by the commission on dietetic registration of the academy of nutrition and dietetics or its predecessor or successor organization.

c. Have a current valid registration with the commission on dietetic registration which gives the applicant the right to use the term "registered dietitian" or "registered dietitian nutritionist".

d. Complete a background check or fingerprinting if requested by the board.

Licensure (or Certification) by Reciprocity or Endorsement of Another License

43-44-13. Reciprocity.

The board shall grant a license to an applicant who presents proof of current licensure in good standing without any limitations on the license, as a dietitian or nutritionist in another that has licensure requirements considered by the board to be at least as stringent as the requirements for licensure under this chapter.

Temporary/Provisional Licensure (or Certification)

43-44-12. Provisional license.

An applicant for a provisional license shall file a written application with the board, submit any fees required by the board, complete a criminal history background check if requested by the board, and submit evidence of successful completion of the academic and supervised practice requirements during the five-year period after completion of the academic and supervised practice requirements specified under subdivisions a and b of subsection 1 of section 43-44-07 or subdivision a of subsection 1 of section 43-44-08. A provisional license must be available to an applicant with the applicant's initial application for examination and the applicant may practice only under the supervision of a licensed registered dietitian or a licensed nutritionist who meets requirements under subsection 1 of section 43-44-07. A provisional license expires automatically upon receiving notice of failure of the licensure examination but may be renewed a maximum of one time until the date of the next examination, at which time the provisional license automatically expires and must be surrendered to the board.

Exceptions/Exemptions

43-44-10. Persons excepted from license requirement.

This chapter does not prevent or restrict the practice, services, or activities of:

1. A licensed health care practitioner duly licensed in accordance with title 43 who is acting within the scope of the individual's licensed profession, consistent with the accepted standards of the practitioner's profession, if the practitioner does not represent the practitioner as a licensed registered dietitian, nutritionist, or licensed nutritionist.

2. A student or trainee, working under the onsite supervision of a qualified supervisor while fulfilling an experience requirement or pursuing a course of study to meet the licensure requirements of section 43-44-07 or 43-44-08, for a time period of no more than five years after the student or trainee completed the course requirements for licensure and the student or trainee is designated by a title that clearly indicates that individual's status as a student or trainee.

3. An individual providing support activities related to medical nutrition therapy, if the individual works under the general supervision of a registered dietitian licensed by this board, licensed nutritionist licensed by this board, or other health care practitioner licensed by the appropriate North Dakota board whose licensed scope of practice includes the provision of nutrition care services for the purpose of managing a disease or medical condition.

4. An individual providing nutrition care services for the purpose of treating or managing a disease or medical condition as a duty of serving in the armed forces.

5. A foreign practitioner providing nutrition care services for the purpose of treating or managing a disease or medical condition in this state if the practitioner is acting within the scope of practice designated by the foreign practitioner's license and by this title without obtaining a license if the services are provided through a remote means and are a continuation of an existing relationship between the foreign practitioner and the individual receiving the services which was formed in the state or jurisdiction in which the foreign practitioner is currently licensed.

6. A foreign practitioner providing nutrition care services for the purpose of treating or managing a disease or medical condition in this state if the practitioner is acting within the scope of practice designated by the foreign practitioner's license and this title without obtaining a license if the services are provided in consultation with a person licensed by the board and if the foreign practitioner has no direct communication in this state with the individual receiving the services except in the presence of the individual licensed by the board. Both the foreign practitioner and the individual licensed by the board are responsible for the services provided.

7. An educator who is in the employ of a federal, state, county, or municipal agency, or other political subdivision, or an elementary or secondary school, or an accredited institution of higher education insofar as the activities and services are part of the duties of the employee's position and do not involve provision of medical nutrition therapy; or who is in the employ or service of a nonprofit organization approved by the board.

8. An individual having received a baccalaureate degree in home economics or family and consumer sciences, if the individual does not represent that the individual is a licensed registered dietitian, nutritionist, or licensed nutritionist, insofar as the services and activities are within the scope of that individual's education and training.

9. An individual who markets or distributes food, food materials, herbs, or dietary supplements, or any individual who engages in the advising of the use of those products, or the preparation of those products, or the counseling of individuals or groups in the selection of products to meet normal nutritional needs, if that individual does not represent that individual is a licensed registered dietitian, nutritionist, or licensed nutritionist.

10. An individual from providing nutrition information, individualized nutrition recommendations, health coaching, holistic and wellness education, guidance, motivation, behavior change management, nonmedical weight control, or other nutrition care services if the services do not constitute medical nutrition therapy and the individual does not hold the individual out as a licensed registered dietitian, nutritionist, or licensed nutritionist or as a provider of medical nutrition therapy or otherwise violate provisions of this chapter.

11. An individual providing medical weight control services for individuals with prediabetes or obesity:

a. Under a program of instruction approved in writing by one of the following:

(1) A licensed registered dietitian or licensed nutritionist in this state;

(2) A dietitian nutritionist or nutritionist licensed in another state that has licensure requirements at least as stringent as the licensure requirements under this chapter, as determined by the board;

(3) A registered dietitian nutritionist; or

(4) A certified nutrition specialist; or

b. As part of a plan of care overseen by a health care practitioner licensed in this state and acting within the scope of the individual's licensed profession, consistent with the accepted standards of the practitioner's profession to provide nutrition care services for the purpose of treatment or management of a disease or medical condition.

12. An individual who provides nutrition care services without remuneration to family members.

Updated August 2023

Disclaimer: This page is not intended to constitute legal or career advice. All information, content and materials are for general informational purposes only and may not represent the most up-to-date legal or other information. This website contains links to other third-party websites, which are only for the convenience of the reader, user or browser. The Academy of Nutrition and Dietetics and its members do not recommend or endorse the contents of the third-party sites, nor does such information necessarily constitute a legally binding interpretation of state policy. The ultimate authority to interpret each state's requirements is the licensing board or agency of that state.