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Our exclusive report reveals government surveillance, what appear to be undercover sting operations, and investigations into the alleged crime of “practicing nutrition without a license.”
ANH-USA has uncovered widespread surveillance (including undercover sting operations), aggressive investigations, and prosecutions of nutrition professionals. These actions, together with the levying of criminal penalties, have been undertaken by state health departments and state dietetics boards that are enforcing monopolistic laws sponsored by the Academy of Nutrition and Dietetics. More often than not, they are supported by local law enforcement or the offices of state attorneys general. The AND-formally the American Dietetic Association, or ADA-is not a medical organization, but a trade group that represents the interests of Registered Dietitians (RDs, who are certified by the AND’s credentialing arm). The AND has about 74,000 members.
These non-RD nutrition professionals are being targeted by these states’ RD monopoly laws, despite the fact that many of them have advanced degrees and a tremendous number of clinical hours to their credit. They are being prosecuted for “practicing dietetics without a license” or for referring to themselves as “a nutritionist” in media or marketing materials.
One of the AND’s key agenda items is to pass “scope-of-practice” laws in each state whereby only RDs can legally offer nutrition services-even basic services like providing nutrition advice or nutrition consulting. The AND describes this as a “Mega Issue” for the organization, and it was listed as priority at the AND’s recent conference in Washington, DC.
If an RD monopoly bill is passed by a state’s legislature and signed into law by the governor, a dietetics board is created to enforce the new law. Unsurprisingly, these boards are mostly comprised of RDs (on Georgia’s board, six of its seven members are RDs). They have the weight of state law behind them, and depending on the state, the dietetics boards can levy heavy fines against a nutritionist who is not an RD and can either file criminal charges themselves or can refer the case to the state attorney general for prosecution for violating the state’s law of “practicing dietetics/nutrition without a license.” See, for example, the dietetics laws in Florida (468.517: Prohibitions; penalties), Georgia (43-11A-15: Refusal, suspension, or revocation of license; other disciplinary actions) North Carolina (90-366: Violation a misdemeanor), and Ohio (4759.09: Violation procedure).
The AND defends its RD monopoly law and the creation of these dietetics boards as an effort to “protect the public health.” However, in our investigation into three years of records from four state dietetics boards,
we did not find a single case of an unlicensed nutrition practitioner causing harm or engaging in a harmful nutrition related activity, and not a single case of a customer filing a complaint. Every complaint that spurred a subsequent investigation and prosecution was made at the behest of the Board itself, or from complaint forms submitted by RDs. (At least one AND affiliate has openly encouraged its members to submit complaints against fellow nutrition professionals).
Let’s be clear: ANH-USA generally supports the AND’s desire to protect the term “Registered Dietitian” or “Dietitian.” We believe it helps inform consumers as to the professional training of that nutrition practitioner. At the same time, we adamantly oppose efforts by any nutrition organization to limit consumer choice by enacting laws that benefit one particular group. We believe in a competitive and open market for nutrition professionals, with consumers and employers (including hospitals) being able to decide what credentials, education, and experience they want in a nutrition provider.