37-25-304. Exemptions from licensure requirements. This chapter does not prevent:

(1) a student or intern in an approved academic program from engaging in the practice of medical nutrition therapy if a qualified supervisor is available for direct supervision and if the student or intern does not represent to the public that the individual is a dietitian or a nutritionist;

(2) a physician or nurse licensed in this state from engaging in the practice of medical nutrition therapy when it is incidental to the practice of that profession;

(3) a person licensed under any other law of this state from engaging in the profession or business for which the person is licensed if the person does not represent to the public that the person is a dietitian or a nutritionist;

(4) an educator or adviser employed by a nonprofit agency acceptable to the board or by an accredited degree-granting institution or an accredited elementary or secondary school from engaging in an activity within the scope of the individual's salaried position;

(5) a dietitian or nutritionist who is serving in the armed forces or the United States public health service or is employed by the United States department of veterans affairs from engaging in the practice of medical nutrition therapy or using government-issued titles, provided the practice or title use is related to the service or employment;

(6) a person from furnishing general nutritional information, including dissemination of literature, as to the use of food, food materials, or dietary supplements or from engaging in the explanation as to the use of foods or food products, including dietary supplements, in connection with the marketing and distribution of those products if the person does not represent to the public that the person is a dietitian or a nutritionist;

(7) a person from furnishing general nutrition information or disseminating literature if the person does not represent to the public that the person is a dietitian or a nutritionist;

(8) a person who is employed by this state, a county, a municipal agency, or any other political subdivision or a person who contracts with this state, a county, a municipal agency, or any other political subdivision for the purposes of providing nutrition care services for the women, infants, and children food supplement program from providing nutrition care services or utilizing the title of "nutritionist" within the discharge of the person's official duties;

(9) a person who does not represent as a dietitian or nutritionist from providing medical weight control for obesity for any of the following:

(a) an instructional program that has been approved in writing by one or more of the following:

(i) a licensed nutritionist or licensed dietitian; or

(ii) a health care practitioner licensed or certified in this state whose authorized scope of practice includes medical nutrition therapy; or

(b) a plan of care that is overseen by a health professional licensed in this state whose scope of practice otherwise authorizes the health professional to provide and delegate medical nutrition therapy, so long as the medical weight control services are not discretionary and do not require the exercise of professional judgment;

(10) a person who does not represent as a dietitian or nutritionist who assists with the provision of medical nutrition therapy from performing only support activities that are not discretionary and that do not require the exercise of professional judgment for their performance, and the person is directly supervised by a licensed dietitian, licensed nutritionist, or a health care practitioner licensed in this state acting within the scope of the practitioner's license;

(11) a person from providing individualized nutrition recommendations for the wellness and primary prevention of chronic disease, health coaching, holistic and wellness education, guidance, motivation, behavior change management, services for nonmedical weight control, or other nutrition care services so long as the services do not constitute medical nutrition therapy and the person does not represent as a dietitian or nutritionist;

(12) an out-of-state dietitian or nutritionist from providing medical nutrition therapy services via telehealth to a patient located in this state if the out-of-state practitioner:

(a) is licensed or certified in good standing in any state or territory with a licensed or certified scope of practice that includes the provision of medical nutrition therapy and provides medical nutrition therapy services via telehealth:

(i) in consultation with a medical nutrition therapy practitioner licensed in this state who has a practitioner-patient relationship with the patient;

(ii) for a patient whom the practitioner has a current practitioner-patient relationship and the patient is temporarily present in this state; or

(iii) pursuant to a current practitioner-patient relationship and the care is limited to temporary or short-term follow-up medical nutrition therapy services to ensure continuity of care.

(b) by providing medical nutrition therapy via telehealth as described in subsection (12)(a), consents to the jurisdiction of the board.