March 7, 1996
Alice Lenihan Department of Environment, Health and Natural Resources, Nutrition Services Section PO Box 10008 Raleigh, North Carolina 27605-0008
Re: ADVISORY OPINION; DIETETICS/NUTRITION PRACTICE ACT; N.C.G.S. § 90-368
Dear Ms. Lenihan:
You asked that we review the Dietetics/Nutrition Practice Act ("DNPA" or "Act") and its exemptions to determine whether the regulations for review and approval of weight control services apply to local government employees. After reviewing the Act and the regulations, we conclude that the weight control services regulations do not apply to local government employees engaged in the practice of dietetics/nutrition within the scope of their employment.
The DNPA provides for the licensure and regulation of persons engaged in the practice of dietetics/nutrition and for the establishment of educational standards for those persons. The Act specifically exempts from its requirements certain persons and practices. One such exemption is for "[a]n employee of the State, a local political subdivision, or a local school administrative unit or a person that contracts with the State, a local political subdivision, or a local school administrative unit while engaged in the practice of dietetics/nutrition within the scope of that employment." N.C. Gen. Stat. § 90-368(5) (1993). Therefore, local government employees, such as employees of a county health department, are exempt from the DNPA while engaged in the practice of dietetics/nutrition within the scope of that employment.
The DNPA also exempts from its requirements a person who provides weight control services. See N.C. Gen. Stat. § 90-368(7) (1993). This exemption is allowed provided that, among other things, the weight control program has been reviewed by a licensed dietitian/nutritionist or a dietitian registered by the Commission on Dietetic Registration of the American Dietetic Association. The regulations for the review and approval of weight control services implement this exemption under the DNPA. See 21 N.C.A.C. 17 .0200 (1995).
The regulations for the review and approval of weight control services do not apply to local government employees. Local government employees engaged in the practice of dietetics/nutrition within the scope of that employment are completely exempt from the requirements of the DNPA. Because of this exemption, the weight control regulations that implement the DNPA exemption for persons who provide weight control services do not apply to local government employees.
Please call if you have any questions regarding this matter.
Ann Reed Senior Deputy Attorney General
Donna D. Smith
Associate Attorney General