The Board does not have the same kind of authority or power over individuals who are not licensed by or seeking licensure from the Board. However, this does not mean that there is nothing that can be done about unlicensed practice that violates the law. When the Board receives a complaint that an individual is engaging in dietetics or nutrition practice without a license, the Board typically makes the following inquiries and may take the following steps:
(1) Does the unlicensed practice fit within one of the exceptions allowed under the law?
The legislature has outlined several circumstances under which individuals may practice dietetics or nutrition without a license (see Minnesota Statutes section 148.632). If the individual fits within one of these categories (e.g., a person employed by a school who does not call themselves a dietitian or nutritionist and whose activities are within the scope of their job), neither the Board, nor anyone else has a legal basis for acting against that personand#61501;s practice.
(2) Is the person licensed by another board (e.g., the Board of Nursing)?
If the person is licensed by one of the other professional boards, and the dietetics or nutrition practice is not incidental to the practice of the persons profession (incidental practice is one of the exceptions allowed under the law), the Board would most likely refer the complaint to the licensing board or boards who have jurisdiction. By doing so, the Board relinquishes control over resolution of the matter to the board that has authority and jurisdiction over the licensees practice. The licensee may have an obligation to cooperate with an investigation of the board under which they are licensed that they would not have with this Board, and the ramifications for wrongdoing may be greater and swifter under action by the board they are licensed by than by this Board. The disadvantage is that this Board, then, does not have control over the outcome.
(3) Is this case appropriate to refer to the County Attorneys office and/or for the Board to seek injunctive action in district court?
Regardless of whether the individual is licensed by another board, this Board always has two options available to it when presented with unlawful dietetics/nutrition practice without a license: (1) it can refer the matter to the County Attorneys office for prosecution, and/or (2) it can ask the district court to issue an injunction (i.e., an order from the court telling the person to stop the unlawful practice). If referred to the County Attorneys office, the case is once again out of the hands of the Board; the County Attorney has discretion to decide whether or not to pursue the matter. Similarly, the Board can seek injunctive action from the district court, but whether or not it is granted will depend on whether there is evidence available to prove to the judge that the practice is occurring and is unlawful.
