A Bill for an Act
Page 1, Line 101Concerning the regulation of medical nutrition therapy.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill creates the state board of dietetics and nutrition (board) under the supervision and control of the division of professions and occupations in the department of regulatory agencies. On and after September 1, 2026, an individual is prohibited from engaging in or offering to provide medical nutrition therapy unless the individual is licensed by the board. The board is authorized to license dietitians and nutritionists if they meet the requirements specified by the bill and the rules adopted by the board pursuant to the bill.
An individual who desires to practice as a dietitian must file with the board:
- An application for a license;
- Proof of completion of educational requirements and supervised practice experience; and
- Proof of compliance with examination requirements or proof of holding a valid current registration with the Commission on Dietetic Registration.
- An application for a license;
- Proof of completion of educational requirements and supervised practice experience; and
- Proof of compliance with examination requirements.
An individual who desires to practice as a nutritionist must file with the board:
On or after September 1, 2026, but before September 1, 2028, the board may waive the examination requirement and may grant a nutritionist license to an applicant who meets specified criteria.
The board may deny or refuse to renew a license, suspend or revoke a license, or impose probationary conditions on a license. The board may also issue warnings or reprimands where the licensee or applicant for licensure has engaged in specified grounds for discipline or unprofessional conduct.
The board may issue a provisional license to practice as a dietitian or a nutritionist upon the filing of an application with the appropriate fees, submission of evidence of successful completion of the educational and supervised practice requirements, and submission of evidence that the individual has applied to take the required licensing examination.
The bill exempts specified individuals from the licensing requirements established by the bill.
An individual who practices or offers or attempts to practice as a dietitian or nutritionist without being licensed pursuant to the bill and who is not exempted from licensure commits a class 2 misdemeanor.
The board shall adopt rules as necessary to implement the bill.
The bill is scheduled for repeal on September 1, 2035. Before the repeal, the functions of the board in regulating dietitians and nutritionists are scheduled for review in accordance with the sunset law.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add article 223 to title 12 as follows:
Page 2, Line 3ARTICLE 223
Dietitians and Nutritionists
Page 3, Line 112-223-101. Short title.The short title of this article 223 is the "Dietetics and Nutrition Practice Act".
Page 3, Line 212-223-102. Legislative declaration. (1) The general assembly finds and declares that:
Page 3, Line 3(a) The practice of medical nutrition therapy is essential
Page 3, Line 4to protecting and promoting the health, safety, and welfare of
Page 3, Line 5the people of Colorado. The absence of licensure and regulation
Page 3, Line 6for individuals engaged in this practice has resulted in
Page 3, Line 7significant risks, including the provision of care by unqualified
Page 3, Line 8practitioners, inequitable access to crucial nutrition services
Page 3, Line 9in underserved communities, and inefficient utilization of registered dietitians in health-care settings.
Page 3, Line 10(b) To mitigate these risks and ensure the delivery of safe,
Page 3, Line 11high-quality nutrition care, it is necessary to establish a
Page 3, Line 12licensure framework that formally recognizes and regulates
Page 3, Line 13the practice of medical nutrition therapy. This framework will
Page 3, Line 14protect consumers from harm, increase access to essential care,
Page 3, Line 15facilitate participation in the national dietitian licensure
Page 3, Line 16compact, and enable Colorado to align with national
Page 3, Line 17standards, thereby expanding the workforce of qualified
Page 3, Line 18practitioners and improving outcomes for patients across the state.
Page 3, Line 19(c) This licensure program is narrowly tailored to
Page 3, Line 20regulate only the practice of medical nutrition therapy while
Page 3, Line 21explicitly preserving the ability of other professionals and
Page 3, Line 22individuals to provide general nutrition guidance and wellness
Page 4, Line 1services. Through this action, the general assembly reaffirms
Page 4, Line 2its commitment to ensuring equitable and affordable health care as well as the safety and well-being of all Coloradans.
Page 4, Line 312-223-103. Applicability of common provisions.Articles 1,
Page 4, Line 420, and 30 of this title 12 apply, according to their terms, to this article 223.
Page 4, Line 512-223-104. Definitions.As used in this article 223, unless the context otherwise requires:
Page 4, Line 6(1) "Board" means the state board of dietetics and nutrition created in section 12-223-105.
Page 4, Line 7(2) "Degree" means a degree received from a college or
Page 4, Line 8university accredited by the appropriate United States
Page 4, Line 9regionally accredited body recognized by the Council for
Page 4, Line 10Higher Education Accreditation and the United States
Page 4, Line 11department of education at the time the degree was received or a validated international equivalent.
Page 4, Line 12(3) "Dietetics" means the integration and application of
Page 4, Line 13scientific principles derived from the study of food, nutrition,
Page 4, Line 14biochemistry, metabolism, nutrigenomics, physiology,
Page 4, Line 15pharmacology, food systems, management, and behavioral and
Page 4, Line 16social sciences to achieve and maintain optimal nutrition statuses of individuals and groups.
Page 4, Line 17(4) "General nonmedical nutrition information" means information on the following:
Page 4, Line 18(a) Actions of nutrients in the human body;
(b) Essential nutrients needed by the human body;
Page 4, Line 19(c) General and nonindividualized recommended amounts of essential nutrients in the human body;
Page 5, Line 1(d) General education surrounding foods, herbs, and
Page 5, Line 2dietary supplements that are good sources of essential nutrients in the human body;
Page 5, Line 3(e) Principles of human nutrition and food preparation;
Page 5, Line 4(f) Nonindividualized effects of deficiencies or excesses of nutrients in the human body; or
Page 5, Line 5(g) Principles of self-care and a healthy relationship with food.
Page 5, Line 6(5) "Licensed dietitian" means an individual licensed under
Page 5, Line 7this article 223 as meeting the requirements of section
Page 5, Line 812-223-107 (1) to practice dietetics and nutrition, including the provision of medical nutrition therapy.
Page 5, Line 9(6) "Licensed nutritionist" means an individual licensed
Page 5, Line 10under this article 223 as meeting the requirements of section
Page 5, Line 1112-223-108 (1) or (5) to practice nutrition, including the provision of medical nutrition therapy.
Page 5, Line 12(7) "Medical nutrition therapy" means the provision of one
Page 5, Line 13or more of the following nutrition care services for the purpose of management or treatment of a disease or medical condition:
Page 5, Line 14(a) Nutrition assessment;
(b) Nutrition diagnosis;
Page 5, Line 15(c) Nutrition intervention; or
(d) Nutrition monitoring and evaluation.
Page 5, Line 16(8) "Medical weight control" means medical nutrition
Page 5, Line 17therapy provided for the purpose of reducing, maintaining, or
Page 5, Line 18gaining weight.
Page 6, Line 1(9) (a) "Nonmedical weight control" means nutrition care
Page 6, Line 2services for the purpose of reducing, maintaining, or gaining
Page 6, Line 3weight that do not constitute the treatment or management of a disease or medical condition.
Page 6, Line 4(b) "Nonmedical weight control" includes weight control
Page 6, Line 5services for healthy population groups to achieve or maintain a healthy weight.
Page 6, Line 6(10) "Nutrition" means the integration and application of
Page 6, Line 7scientific principles derived from the study of nutrition science,
Page 6, Line 8cellular and systemic metabolism, biochemistry, physiology, and
Page 6, Line 9behavioral sciences for achieving and maintaining health throughout the lifespan of an individual.
Page 6, Line 10(11) (a) "Nutrition assessment" means the ongoing,
Page 6, Line 11dynamic, and systematic process of ordering, obtaining,
Page 6, Line 12verifying, and interpreting biochemical, anthropometric,
Page 6, Line 13physical, nutrigenomic, and dietary data to make decisions
Page 6, Line 14about the nature and cause of nutrition-related problems relative to patient and community needs.
Page 6, Line 15(b) "Nutrition assessment" involves not only initial data
Page 6, Line 16collection but also reassessment and analysis of patient or
Page 6, Line 17community needs and provides the foundation for nutrition diagnosis and nutritional recommendations and orders.
Page 6, Line 18(c) "Nutrition assessment" may require ordering
Page 6, Line 19laboratory tests to check and track nutritional statuses. The
Page 6, Line 20collection of nutrition-related data does not, by itself, constitute nutrition assessment.
Page 6, Line 21(12) "Nutrition care services" means all or a part of the following services provided within a systematic process:
Page 7, Line 1(a) Assessing and evaluating the nutritional needs of
Page 7, Line 2individuals and groups and determining resources and
Page 7, Line 3constraints in a practice setting, including the ordering of
Page 7, Line 4nutrition-related laboratory tests to check and track nutrition statuses;
Page 7, Line 5(b) Identifying nutrition problems and establishing
Page 7, Line 6priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
Page 7, Line 7(c) Creating individualized dietary plans and issuing and
Page 7, Line 8implementing orders to meet the nutritional needs of healthy
Page 7, Line 9individuals and individuals with disease states or medical
Page 7, Line 10conditions, including ordering therapeutic diets and monitoring the diets' effectiveness;
Page 7, Line 11(d) Determining and providing appropriate nutrition
Page 7, Line 12intervention in health and disease, including nutrition counseling on food and prescription drug interactions;
Page 7, Line 13(e) Developing, implementing, and managing nutrition care systems; or
Page 7, Line 14(f) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services.
Page 7, Line 15(13) "Nutrition counseling" means a supportive process,
Page 7, Line 16characterized by a collaborative counselor-patient
Page 7, Line 17relationship with individuals or groups, that establishes food
Page 7, Line 18and nutrition priorities, goals, and individualized action plans
Page 7, Line 19and general physical activity guidance, which acknowledges
Page 7, Line 20and fosters responsibility for self-care, promotes health and
Page 8, Line 1wellness, or treats or manages an existing disease or medical condition.
Page 8, Line 2(14) (a) "Nutrition intervention" means purposefully
Page 8, Line 3planned actions, including nutrition counseling, intended to
Page 8, Line 4positively change a nutrition-related behavior, risk factor,
Page 8, Line 5environmental condition, or aspect of the health status of an
Page 8, Line 6individual and the individual's family or caregivers, target groups, or the community at large.
Page 8, Line 7(b) "Nutrition intervention" includes approving, ordering,
Page 8, Line 8and monitoring therapeutic diets and counseling on food and prescription drug interactions.
Page 8, Line 9(15) "Nutrition monitoring and evaluation" means
Page 8, Line 10identifying patient outcomes relevant to a nutrition diagnosis,
Page 8, Line 11intervention plans, and goals and comparing those patient
Page 8, Line 12outcomes with previous statuses, intervention goals, or a
Page 8, Line 13reference standard to determine the progress made in achieving
Page 8, Line 14the desired outcomes of nutrition care and whether planned interventions should be continued or revised.
Page 8, Line 15(16) "Patient" means an individual recipient of nutrition care services.
Page 8, Line 16(17) "Practice of dietetics":
Page 8, Line 17(a) Includes the provision of nutrition care services,
Page 8, Line 18including medical nutrition therapy, in person or via telehealth,
Page 8, Line 19to prevent, manage, or treat chronic and acute diseases or
Page 8, Line 20medical conditions and promote wellness in inpatient and outpatient settings; and
Page 8, Line 21(b) Encompasses the development and ordering of
Page 9, Line 1therapeutic diets via oral, enteral, and parenteral routes and
Page 9, Line 2providing other advanced medical nutrition therapy and
Page 9, Line 3related support activities consistent with current competencies
Page 9, Line 4required of academic and supervised practice programs
Page 9, Line 5accredited by the Accreditation Council for Education in
Page 9, Line 6Nutrition and Dietetics and in accordance with the "Scope and
Page 9, Line 7Standards of Practice for the Registered Dietitian Nutritionist" established by the Academy of Nutrition and Dietetics.
Page 9, Line 8(18) "Practice of nutrition":
Page 9, Line 9(a) Includes the provision of nutrition care services,
Page 9, Line 10including medical nutrition therapy, in person or via telehealth,
Page 9, Line 11to prevent, manage, or treat chronic diseases or medical conditions and promote wellness in outpatient settings; and
Page 9, Line 12(b) Encompasses, consistent with a level of competence:
(I) Ordering oral therapeutic diets;
Page 9, Line 13(II) Ordering medical laboratory tests related to nutritional therapeutic treatments; and
Page 9, Line 14(III) Recommending vitamins, minerals, and other dietary supplements.
Page 9, Line 15(19) "Qualified supervisor" means an individual providing
Page 9, Line 16supervision who assumes full professional responsibility for the
Page 9, Line 17work of the supervised individual by verifying, directing, and
Page 9, Line 18approving the provided nutrition care services, medical
Page 9, Line 19nutrition therapy, and other work being supervised and meets the requirements of section 12-223-112.
Page 9, Line 20(20) "Registered dietitian" means an individual who is
Page 9, Line 21credentialed by the Commission on Dietetic Registration, or its
Page 10, Line 1successor organization, as a registered dietitian or a registered
Page 10, Line 2dietitian nutritionist and is authorized to use such title and the corresponding abbreviations "RD" or "RDN".
Page 10, Line 3(21) "Telehealth" has the meaning set forth in section 10-16-123 (4)(e).
Page 10, Line 4(22) "Unrestricted practice of medical nutrition therapy"
Page 10, Line 5means the provision of medical nutrition therapy by an
Page 10, Line 6individual who is responsible for the individual's own practice or treatment procedures.
Page 10, Line 712-223-105. State board of dietetics and nutrition - created -
Page 10, Line 8members - repeal. (1) (a) There is created the state board of
Page 10, Line 9dietetics and nutrition, which is a type 1 entity, as defined in
Page 10, Line 10section 24-1-105, and which exercises its powers and performs its
Page 10, Line 11duties and functions under the division. The board consists of
Page 10, Line 12seven members who are residents of this state and are appointed by the governor as follows:
Page 10, Line 13(I) Except as provided in subsection (1)(b)(I) of this section, three members must be licensed dietitians;
Page 10, Line 14(II) Except as provided in subsection (1)(b)(I) of this section, two members must be licensed nutritionists;
Page 10, Line 15(III) One member must be a physician licensed to practice medicine pursuant to article 240 of this title 12; and
Page 10, Line 16(IV) One member must not be licensed under this article
Page 10, Line 17223 or article 240 of this title 12 and shall represent the public at large.
Page 10, Line 18(b) (I) Licensed dietitians and licensed nutritionists who
Page 10, Line 19are members of the board must have been actively practicing in
Page 11, Line 1the field of dietetics or nutrition for not less than five years.
Page 11, Line 2The dietitians and nutritionists initially appointed to the board
Page 11, Line 3must be eligible for licensure pursuant to this article 223 and
Page 11, Line 4must maintain licensure, once available, while serving on the
Page 11, Line 5board; thereafter, licensed dietitians and licensed nutritionists
Page 11, Line 6appointed to the board must be licensed pursuant to this article
Page 11, Line 7223 and must maintain active licensure while serving on the board.
Page 11, Line 8(II) Except as provided in subsection (1)(b)(I) of this section:
Page 11, Line 9(A) At least one member of the board must be a licensed
Page 11, Line 10dietitian or licensed nutritionist who is an educator specializing
Page 11, Line 11in the field of dietetics or nutrition on the faculty of a college
Page 11, Line 12or university accredited at the time of graduation by a United
Page 11, Line 13States institutional accrediting body for higher education recognized by the United States department of education;
Page 11, Line 14(B) At least one member of the board must be a licensed
Page 11, Line 15dietitian whose primary practice is clinical dietetics in a hospital or long-term care institution; and
Page 11, Line 16(C) At least one member of the board must be a licensed
Page 11, Line 17dietitian or licensed nutritionist whose primary practice is consulting or the private practice of dietetics or nutrition.
Page 11, Line 18(c) The member of the board appointed pursuant to
Page 11, Line 19subsection (1)(a)(IV) of this section must be a citizen or
Page 11, Line 20permanent resident of the United States and a resident of Colorado and must not be any of the following:
Page 11, Line 21(I) A dietitian or a nutritionist;
Page 12, Line 1(II) An agent or employee of an individual engaged in the profession of dietetics or nutrition;
Page 12, Line 2(III) A licensed health-care professional or an individual
Page 12, Line 3enrolled in a program to become a licensed health-care professional;
Page 12, Line 4(IV) An agent or employee of a health-care institution, a health-care insurer, or a health-care professional school; or
Page 12, Line 5(V) A member of an allied health profession or an
Page 12, Line 6individual enrolled in a program to become a member of an allied health profession.
Page 12, Line 7(d) (I) The governor shall make the initial appointments to
Page 12, Line 8the board on or before six months after the effective date of this article 223.
Page 12, Line 9(II) The initial term of appointment of two licensed
Page 12, Line 10dietitians appointed pursuant to subsection (1)(a)(I) of this
Page 12, Line 11section, one licensed nutritionist appointed pursuant to
Page 12, Line 12subsection (1)(a)(II) of this section, and the member representing
Page 12, Line 13the public at large appointed pursuant to subsection (1)(a)(IV) of
Page 12, Line 14this section is two years, with the initial term of appointment for the remaining members of the board being three years.
Page 12, Line 15(III) This subsection (1)(d) is repealed, effective December 1, 2030.
Page 12, Line 16(e) (I) Each member of the board serves at the pleasure of
Page 12, Line 17the governor. Except as provided in subsection (1)(d) of this
Page 12, Line 18section, the term of appointment is three years. A member shall not serve more than two consecutive terms.
Page 12, Line 19(II) Each member of the board shall receive the compensation provided for in section 12-20-103 (6).
Page 13, Line 1(III) The director of the division shall call the first
Page 13, Line 2meeting of the board no later than three months after the governor makes all of the initial appointments to the board.
Page 13, Line 3(IV) The board shall elect a chair from among its members
Page 13, Line 4to serve for a term not to exceed one year. A chair shall not serve more than three consecutive terms.
Page 13, Line 5(V) The board shall meet at least once every three
Page 13, Line 6months, or more frequently as determined necessary by the chair.
Page 13, Line 7(2) The chair is an official representative of the board
Page 13, Line 8and is responsible for the daily activities of the board and its staff.
Page 13, Line 912-223-106. Powers and duties of the board - rules. (1) In
Page 13, Line 10addition to the other powers and duties of the board as set
Page 13, Line 11forth in this article 223 and articles 20 and 30 of this title 12, the board has the following powers and duties:
Page 13, Line 12(a) To license dietitians and nutritionists in a manner consistent with this article 223;
Page 13, Line 13(b) To keep a record of the board's proceedings, a register
Page 13, Line 14of all applicants for licensure, and a register of all licensed dietitians and licensed nutritionists;
Page 13, Line 15(c) To adopt rules pursuant to section 12-20-204 to govern
Page 13, Line 16the board's actions and provide for the enforcement of this article 223;
Page 13, Line 17(d) To adopt the licensure standards prescribed in this
Page 13, Line 18article 223 and rules relevant to licensure, including adopting updated standards of accrediting organizations;
Page 14, Line 1(e) To adopt by rule a code of ethics and standards of practice and professional responsibilities;
Page 14, Line 2(f) (I) To establish and collect the fees for licensure and
Page 14, Line 3renewal and reinstatement of licensure in the manner authorized by section 12-20-105; and
Page 14, Line 4(II) To establish and collect fees and make expenditures as required by this article 223;
Page 14, Line 5(g) To administer continuing education requirements for the renewal of a license, as set forth in section 12-223-114;
Page 14, Line 6(h) To receive and process complaints and investigate alleged violations of this article 223;
Page 14, Line 7(i) To conduct administrative hearings in accordance with
Page 14, Line 8section 12-20-403 in all matters relating to the exercise and performance of the powers and duties vested in the board;
Page 14, Line 9(j) To obtain a set of fingerprints from an applicant for
Page 14, Line 10initial licensure pursuant to section 12-223-107 (2) or 12-223-108 (3);
Page 14, Line 11(k) To seek an injunction in accordance with section
Page 14, Line 1212-20-406 to enjoin an act or practice that constitutes a violation of this article 223;
Page 14, Line 13(l) To provide for examination or waiver of examination
Page 14, Line 14for applicants pursuant to section 12-223-107 (1)(a)(III) or 12-223-108 (1)(c)(I) or (5);
Page 14, Line 15(m) To impose penalties in accordance with this article 223 and with sections 12-20-404 and 12-20-407; and
Page 14, Line 16(n) To adopt a seal or other method to authenticate documents.
Page 15, Line 1(2) Board members shall remain impartial in all matters
Page 15, Line 2that come before the board and shall recuse themselves from
Page 15, Line 3participation in any matter for which they have a personal or financial interest to avoid a conflict of interest.
Page 15, Line 412-223-107. Licensure of dietitians - qualifications -
Page 15, Line 5application. (1) On and after September 1, 2026, an individual who
Page 15, Line 6practices as a dietitian or who holds themself out as being able
Page 15, Line 7to practice as a dietitian must possess a valid license issued
Page 15, Line 8pursuant to this article 223. Each applicant for a license as a
Page 15, Line 9dietitian shall submit a completed application as required by the
Page 15, Line 10board demonstrating the applicant is capable and
Page 15, Line 11professionally competent, as determined by the board, to safely
Page 15, Line 12engage in the practices of dietetics and nutrition, submit the
Page 15, Line 13fees as required by the board, submit fingerprints pursuant to
Page 15, Line 14subsection (2) of this section, and submit proof of one of the following:
Page 15, Line 15(a) Proof of completion of all of the following
Page 15, Line 16educational requirements and supervised practice experience and examination requirements:
Page 15, Line 17(I) Proof of one of the following educational requirements:
Page 15, Line 18(A) A master's degree or doctoral degree with a program
Page 15, Line 19of study that is accredited by the Accreditation Council for
Page 15, Line 20Education in Nutrition and Dietetics, or its successor organization; or
Page 15, Line 21(B) An international academic degree that the board
Page 16, Line 1determines is equivalent to a degree described in subsection
Page 16, Line 2(1)(a)(I)(A) of this section with a program of study that is
Page 16, Line 3accredited by the Accreditation Council for Education in Nutrition and Dietetics, or its successor organization;
Page 16, Line 4(II) Satisfactory completion of a planned, documented,
Page 16, Line 5and supervised experience in dietetics and nutrition practice
Page 16, Line 6approved by the board and accredited by the Accreditation
Page 16, Line 7Council for Education in Nutrition and Dietetics, or its
Page 16, Line 8successor organization, that involves at least one thousand
Page 16, Line 9hours of supervised practice experience under the supervision of
Page 16, Line 10a qualified supervisor. An applicant shall complete a supervised
Page 16, Line 11practice experience within five years after completing the
Page 16, Line 12educational requirements described in subsection (1)(a)(I) of this
Page 16, Line 13section unless the board, for extraordinary circumstances, grants an extension for a limited time.
Page 16, Line 14(III) Successful completion of the registration
Page 16, Line 15examination for dietitians administered by the Commission on
Page 16, Line 16Dietetic Registration, or its successor organization. If passage
Page 16, Line 17of the examination occurred more than five years before the
Page 16, Line 18application for licensure, the applicant shall demonstrate
Page 16, Line 19completion of seventy-five hours of continuing education
Page 16, Line 20meeting the continuing education criteria of the board per each five-year period post-examination.
Page 16, Line 21(b) Proof of a valid registration with the Commission on
Page 16, Line 22Dietetic Registration, or its successor organization, that gives
Page 16, Line 23the applicant the right to use the term "registered dietitian",
Page 16, Line 24"registered dietitian nutritionist", "RD", or "RDN".
Page 17, Line 1(2) (a) An applicant for licensure as a dietitian pursuant
Page 17, Line 2to this article 223 shall submit to a fingerprint-based criminal
Page 17, Line 3history record check. The applicant must pay the costs
Page 17, Line 4associated with the fingerprint-based criminal history record check.
Page 17, Line 5(b) After submitting an application for a license, the
Page 17, Line 6applicant shall have the applicant's fingerprints taken by a
Page 17, Line 7local law enforcement agency or any third party approved by
Page 17, Line 8the Colorado bureau of investigation for the purpose of
Page 17, Line 9obtaining a fingerprint-based criminal history record check. The
Page 17, Line 10applicant shall authorize the entity taking the applicant's
Page 17, Line 11fingerprints to submit, and the entity shall submit, the complete
Page 17, Line 12set of the applicant's fingerprints to the Colorado bureau of
Page 17, Line 13investigation for the purpose of conducting a fingerprint-based criminal history record check.
Page 17, Line 14(c) If an approved third party takes the applicant's
Page 17, Line 15fingerprints, the fingerprints may be electronically captured
Page 17, Line 16using Colorado bureau of investigation-approved livescan
Page 17, Line 17equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.
Page 17, Line 18(d) The Colorado bureau of investigation shall use the
Page 17, Line 19applicant's fingerprints to conduct a criminal history record
Page 17, Line 20check using the bureau's records. The Colorado bureau of
Page 17, Line 21investigation shall also forward the fingerprints to the federal
Page 17, Line 22bureau of investigation for the purpose of conducting a
Page 17, Line 23fingerprint-based criminal history record check. The Colorado
Page 17, Line 24bureau of investigation, applicant, board, and entity taking
Page 18, Line 1fingerprints shall comply with the federal bureau of
Page 18, Line 2investigation's requirements to conduct a criminal history record check.
Page 18, Line 3(e) The Colorado bureau of investigation shall return the
Page 18, Line 4results of its criminal history record check to the board, and
Page 18, Line 5the board is authorized to receive the results of the federal
Page 18, Line 6bureau of investigation's criminal history record check. The
Page 18, Line 7board shall use the information resulting from the criminal
Page 18, Line 8history record checks to investigate and determine whether an
Page 18, Line 9applicant is qualified to hold a license pursuant to this article 223.
Page 18, Line 10(f) When the results of a fingerprint-based criminal
Page 18, Line 11history record check of an applicant performed pursuant to this
Page 18, Line 12section reveal a record of arrest without a disposition, the
Page 18, Line 13board shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
Page 18, Line 14(3) After an applicant has fulfilled the requirements of
Page 18, Line 15subsections (1) and (2) of this section, the board shall issue a
Page 18, Line 16license to the applicant; except that the board may deny a license pursuant to sections 12-20-404 (1)(d)(I) and 12-223-109.
Page 18, Line 1712-223-108. Licensure of nutritionists - qualifications -
Page 18, Line 18application - transitional license - rules - repeal. (1) On and after
Page 18, Line 19September 1, 2026, an individual who practices as a nutritionist
Page 18, Line 20or who holds themself out as being able to practice as a
Page 18, Line 21nutritionist must possess a valid license issued pursuant to this
Page 18, Line 22article 223. Each applicant for a license as a nutritionist shall
Page 18, Line 23submit a completed application as required by the board
Page 19, Line 1demonstrating the applicant is capable and professionally
Page 19, Line 2competent, as determined by the board, to safely engage in the
Page 19, Line 3practice of nutrition, submit the fees as required by the board,
Page 19, Line 4submit fingerprints pursuant to subsection (3) of this section,
Page 19, Line 5and submit proof of completion of all the following educational
Page 19, Line 6requirements, supervised practice experiences, and examination requirements:
Page 19, Line 7(a) Proof of completion of a doctoral degree or validated
Page 19, Line 8international equivalent in a field of clinical health care from
Page 19, Line 9a college or university accredited at the time of graduation by
Page 19, Line 10a United States institutional accrediting body for higher
Page 19, Line 11education recognized by the United States department of
Page 19, Line 12education or a master's or doctoral degree or validated
Page 19, Line 13international equivalent from a college or university
Page 19, Line 14accredited at the time of graduation by a United States
Page 19, Line 15institutional accrediting body for higher education recognized by the United States department of education with a major in:
Page 19, Line 16(I) Human nutrition;
(II) Foods and nutrition;
Page 19, Line 17(III) Community nutrition;
(IV) Public health nutrition;
Page 19, Line 18(V) Nutrition education;
(VI) Nutrition;
Page 19, Line 19(VII) Nutrition science;
(VIII) Clinical nutrition;
Page 19, Line 20(IX) Applied clinical nutrition;
Page 19, Line 21(X) Nutrition counseling;
(XI) Nutrition and functional medicine;
Page 20, Line 1(XII) Nutritional biochemistry;
(XIII) Nutrition and integrative health; or
Page 20, Line 2(XIV) A comparably titled major;
Page 20, Line 3(b) Satisfactory completion of a planned, documented,
Page 20, Line 4and continuous supervised practice experience that
Page 20, Line 5demonstrates competence in providing nutrition care services
Page 20, Line 6and medical nutrition therapy that is approved by the board and
Page 20, Line 7meets the following requirements regarding supervised practice experience:
Page 20, Line 8(I) Completion within five years after completing the
Page 20, Line 9requirements described in subsection (1)(a) of this section, unless
Page 20, Line 10the board, for extraordinary circumstances, grants an extension for a limited time;
Page 20, Line 11(II) Completion of at least one thousand hours
Page 20, Line 12cumulatively in the following practice areas, with a minimum of two hundred hours completed in each practice area:
Page 20, Line 13(A) Nutrition assessment;
(B) Nutrition intervention; and
Page 20, Line 14(C) Nutrition monitoring and evaluation;
Page 20, Line 15(III) The board determines that the supervised practice
Page 20, Line 16experience has prepared the applicant to provide nutrition care
Page 20, Line 17services for various populations of diverse cultures, of genders,
Page 20, Line 18and across the life cycle and to be able to competently
Page 20, Line 19formulate actionable medical nutrition therapies and
Page 20, Line 20interventions, education, counseling, and ongoing care for the
Page 20, Line 21prevention, modulation, and management of a range of chronic medical conditions; and
Page 21, Line 1(IV) Supervision by a qualified supervisor, as determined pursuant to section 12-223-112; and
Page 21, Line 2(c) Completion of examination requirements by demonstrating either of the following:
Page 21, Line 3(I) Passage of the certified nutrition specialist
Page 21, Line 4examination administered by the Board for Certification of
Page 21, Line 5Nutrition Specialists, or its successor organization, or an
Page 21, Line 6equivalent examination on all aspects of the practice of
Page 21, Line 7nutrition that has been reviewed under a program that requires
Page 21, Line 8a master's degree or higher, is accredited by the National
Page 21, Line 9Commission for Certifying Agencies or its successor
Page 21, Line 10organization, and is approved by the board. If passage of the
Page 21, Line 11examination occurred more than five years before the
Page 21, Line 12application for licensure, the applicant shall demonstrate
Page 21, Line 13completion of seventy-five hours of continuing education
Page 21, Line 14meeting the continuing education criteria of the board per each five-year period post-examination.
Page 21, Line 15(II) The applicant holds a valid certification with the
Page 21, Line 16Board for Certification of Nutrition Specialists, or its
Page 21, Line 17successor organization, that gives the applicant the right to use the title "certified nutrition specialist".
Page 21, Line 18(2) To comply with the educational requirements set
Page 21, Line 19forth in subsection (1)(a) of this section and regardless of the
Page 21, Line 20course of study, the applicant shall have completed coursework
Page 21, Line 21leading to competence in medical nutrition therapy, including
Page 21, Line 22both of the following:
Page 22, Line 1(a) Fifteen semester hours of clinical or life sciences, such
Page 22, Line 2as courses in chemistry, organic chemistry, biology, molecular
Page 22, Line 3biology, biotechnology, botany, genetics, genomics,
Page 22, Line 4neuroscience, experimental science, immunotherapy, pathology,
Page 22, Line 5pharmacology, toxicology, research methods, applied statistics,
Page 22, Line 6biostatistics, epidemiology, energy production, molecular
Page 22, Line 7pathways, hormone and transmitter regulations and imbalance,
Page 22, Line 8and pathophysiologic basis of disease. Three semester hours must be in human anatomy and physiology or the equivalent.
Page 22, Line 9(b) Fifteen semester hours of nutrition and metabolism,
Page 22, Line 10such as courses in nutrition assessment, developmental
Page 22, Line 11nutrition, nutritional aspects of disease, human nutrition,
Page 22, Line 12macronutrients, micronutrients, vitamins and minerals,
Page 22, Line 13functional medicine nutrition, molecular metabolism, clinical
Page 22, Line 14nutrition, medical nutrition therapy, nutritional biochemistry,
Page 22, Line 15nutrition and digestive health, and public health nutrition. At least six semester hours must be in biochemistry.
Page 22, Line 16(3) (a) An applicant for licensure as a nutritionist
Page 22, Line 17pursuant to this article 223 shall submit to a fingerprint-based
Page 22, Line 18criminal history record check. The applicant must pay the costs
Page 22, Line 19associated with the fingerprint-based criminal history record check.
Page 22, Line 20(b) After submitting an application for a license, the
Page 22, Line 21applicant shall have the applicant's fingerprints taken by a
Page 22, Line 22local law enforcement agency or any third party approved by
Page 22, Line 23the Colorado bureau of investigation for the purpose of
Page 22, Line 24obtaining a fingerprint-based criminal history record check. The
Page 23, Line 1applicant shall authorize the entity taking the applicant's
Page 23, Line 2fingerprints to submit, and the entity shall submit, the complete
Page 23, Line 3set of the applicant's fingerprints to the Colorado bureau of
Page 23, Line 4investigation for the purpose of conducting a fingerprint-based criminal history record check.
Page 23, Line 5(c) If an approved third party takes the applicant's
Page 23, Line 6fingerprints, the fingerprints may be electronically captured
Page 23, Line 7using Colorado bureau of investigation-approved livescan
Page 23, Line 8equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.
Page 23, Line 9(d) The Colorado bureau of investigation shall use the
Page 23, Line 10applicant's fingerprints to conduct a criminal history record
Page 23, Line 11check using the bureau's records. The Colorado bureau of
Page 23, Line 12investigation shall also forward the fingerprints to the federal
Page 23, Line 13bureau of investigation for the purpose of conducting a
Page 23, Line 14fingerprint-based criminal history record check. The Colorado
Page 23, Line 15bureau of investigation, applicant, board, and entity taking
Page 23, Line 16fingerprints shall comply with the federal bureau of
Page 23, Line 17investigation's requirements to conduct a criminal history record check.
Page 23, Line 18(e) The Colorado bureau of investigation shall return the
Page 23, Line 19results of its criminal history record check to the board, and
Page 23, Line 20the board is authorized to receive the results of the federal
Page 23, Line 21bureau of investigation's criminal history record check. The
Page 23, Line 22board shall use the information resulting from the criminal
Page 23, Line 23history record checks to investigate and determine whether an
Page 23, Line 24applicant is qualified to hold a license pursuant to this article 223.
Page 24, Line 1(f) When the results of a fingerprint-based criminal
Page 24, Line 2history record check of an applicant performed pursuant to this
Page 24, Line 3section reveal a record of arrest without a disposition, the
Page 24, Line 4board shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
Page 24, Line 5(4) After an applicant has fulfilled the requirements of
Page 24, Line 6subsections (1) and (3) of this section, the board shall issue a
Page 24, Line 7license to the applicant; except that the board may deny a license pursuant to sections 12-20-404 (1)(d)(I) and 12-223-109.
Page 24, Line 8(5) (a) The board may waive the examination requirement
Page 24, Line 9of subsection (1)(c)(I) of this section and may grant a
Page 24, Line 10nutritionist license to an applicant who applies to the board and demonstrates compliance with the following:
Page 24, Line 11(I) Receipt of a baccalaureate or higher academic degree
Page 24, Line 12from a United States regionally accredited institution of
Page 24, Line 13higher education recognized by the Council for Higher
Page 24, Line 14Education Accreditation, or successor organization, with at least thirty credit hours or a major course of study in:
Page 24, Line 15(A) Human nutrition;
(B) Foods and nutrition;
Page 24, Line 16(C) Food systems management;
(D) Nutritional science;
Page 24, Line 17(E) Nutritional education;
(F) Community nutrition;
Page 24, Line 18(G) Public health nutrition;
Page 24, Line 19(H) Nutrition education;
(I) Nutrition;
Page 25, Line 1(J) Nutrition science;
(K) Clinical nutrition;
Page 25, Line 2(L) Applied clinical nutrition;
(M) Nutrition counseling;
Page 25, Line 3(N) Nutrition and functional medicine;
(O) Nutritional biochemistry;
Page 25, Line 4(P) Nutrition and integrative health; or
Page 25, Line 5(Q) An equivalent course of study leading to competence in medical nutrition therapy;
Page 25, Line 6(II) Employment, including self-employment, at least on
Page 25, Line 7a half-time basis, to provide nutrition care services for the
Page 25, Line 8treatment or management of a diagnosed disease or medical
Page 25, Line 9condition for three of the five years immediately preceding September 1, 2026;
Page 25, Line 10(III) Provision of medical nutrition therapy to residents
Page 25, Line 11of Colorado without supervision for at least six months immediately preceding September 1, 2026; and
Page 25, Line 12(IV) The applicant is not a registered dietitian.
Page 25, Line 13(b) This subsection (5) is repealed, effective September 1, 2028.
Page 25, Line 1412-223-109. Disciplinary action - grounds for discipline.
Page 25, Line 15(1) Pursuant to part 4 of article 20 of this title 12, the board
Page 25, Line 16may deny or refuse to renew a license, suspend or revoke a
Page 25, Line 17license, impose probationary conditions on a license, issue a
Page 25, Line 18cease-and-desist letter, or seek injunctive relief against a
Page 25, Line 19licensee or an applicant for licensure who has engaged in one or
Page 26, Line 1more of the following grounds for discipline or unprofessional conduct:
Page 26, Line 2(a) Engaging in conduct involving fraud, deceit,
Page 26, Line 3misrepresentation, or concealment of material facts in
Page 26, Line 4obtaining or attempting to obtain a license or the renewal of a license;
Page 26, Line 5(b) Committing an act of malpractice, gross negligence, or incompetence in the practice of dietetics or nutrition;
Page 26, Line 6(c) Except as otherwise provided in section 12-223-113,
Page 26, Line 7practicing medical nutrition therapy without a valid license
Page 26, Line 8issued under this article 223, the penalty for which is set forth in section 12-223-115;
Page 26, Line 9(d) Engaging in conduct that could result in harm or injury to the public;
Page 26, Line 10(e) Adjudication of incompetency until proof of recovery from the condition can be established; and
Page 26, Line 11(f) Being convicted in a court of, or having entered a plea
Page 26, Line 12of guilty or nolo contendere to, a crime directly related to the
Page 26, Line 13duties and responsibilities of a dietitian or nutritionist or a crime that was violent or sexual in nature.
Page 26, Line 1412-223-110. Provisional and limited permits. (1) The board
Page 26, Line 15may issue an individual a provisional license to practice as a
Page 26, Line 16dietitian or a nutritionist upon the filing of an application with
Page 26, Line 17payment of an appropriate fee, the submission of evidence of
Page 26, Line 18successful completion of the educational and supervised
Page 26, Line 19practice requirements, and the submission of evidence that the
Page 26, Line 20individual has applied to take an examination described in section 12-223-107 (1)(a)(III) or 12-223-108 (1)(c)(I).
Page 27, Line 1(2) A provisional license expires one year after the date of issuance and is not eligible for renewal.
Page 27, Line 2(3) A dietitian provisional license authorizes the licensee to practice only under the supervision of a licensed dietitian.
Page 27, Line 3(4) A nutritionist provisional license authorizes the
Page 27, Line 4licensee to practice only under the supervision of a licensed dietitian or a licensed nutritionist.
Page 27, Line 5(5) The board shall determine the fee for issuance of a
Page 27, Line 6provisional license in the manner authorized by section 12-20-105.
Page 27, Line 712-223-111. License required - title protection. (1) Except as
Page 27, Line 8otherwise provided in section 12-223-113, on and after September
Page 27, Line 91, 2026, an individual shall not engage in or offer to provide
Page 27, Line 10medical nutrition therapy unless the individual is licensed under this article 223.
Page 27, Line 11(2) (a) An individual shall not designate themself or hold
Page 27, Line 12themself out as a licensed dietitian or use or assume the title
Page 27, Line 13"dietitian", "dietitian nutritionist", or "dietician", or another
Page 27, Line 14title indicating that the individual is a licensed dietitian, unless the individual is licensed as a dietitian under this article 223.
Page 27, Line 15(b) An individual shall not append to, or use in
Page 27, Line 16conjunction with, the individual's name the letters "LD" or
Page 27, Line 17"LDN" unless the individual is licensed as a dietitian under this article 223.
Page 27, Line 18(3) (a) An individual shall not use or assume a title
Page 27, Line 19indicating that the individual is a licensed nutritionist or append
Page 28, Line 1to, or use in conjunction with, the individual's name the letters
Page 28, Line 2"LN" unless the individual is licensed as a nutritionist under this article 223.
Page 28, Line 3(b) An individual shall not designate themself or hold
Page 28, Line 4themself out as a nutritionist or use or assume the title
Page 28, Line 5"nutritionist" unless the individual is licensed under this article 223.
Page 28, Line 6(4) An individual is not prohibited by this article 223 from
Page 28, Line 7identifying themself using an earned, federally trademarked
Page 28, Line 8nutrition credential, but such permitted use does not give the
Page 28, Line 9individual the right to practice medical nutrition therapy or
Page 28, Line 10identify themself using the general titles of "dietitian",
Page 28, Line 11"dietitian nutritionist", or "nutritionist" unless the individual is also licensed under this article 223.
Page 28, Line 1212-223-112. Qualified supervisors - duties. (1) (a) To qualify
Page 28, Line 13as a qualified supervisor for purposes of this article 223, an individual must meet the following requirements:
Page 28, Line 14(I) If supervising a student or trainee who is providing
Page 28, Line 15medical nutrition therapy in a state that provides for licensure
Page 28, Line 16or certification of dietitians, dietitian nutritionists, or nutritionists, the individual must be one of the following:
Page 28, Line 17(A) A licensed dietitian, a licensed nutritionist, or a
Page 28, Line 18health-care provider licensed or certified in a state or
Page 28, Line 19territory in the United States, including licensed or certified
Page 28, Line 20dietitians, dietitian nutritionists, or nutritionists, whose scope
Page 28, Line 21of practice includes the provision of medical nutrition therapy;
Page 28, Line 22or
Page 29, Line 1(B) An employee of the federal government authorized
Page 29, Line 2within the discharge of the individual's official duties to provide medical nutrition therapy;
Page 29, Line 3(II) If supervising a student or trainee in a state that does
Page 29, Line 4not provide for licensure or certification of dietitians, dietitian
Page 29, Line 5nutritionists, or nutritionists, the individual meets other
Page 29, Line 6criteria as the board may establish, including being a registered
Page 29, Line 7dietitian or a licensed health-care provider whose scope of
Page 29, Line 8practice includes the provision of medical nutrition therapy; and
Page 29, Line 9(III) Unless the individual is an employee of the federal
Page 29, Line 10government authorized within the discharge of the individual's
Page 29, Line 11official duties to provide medical nutrition therapy, the
Page 29, Line 12individual must be licensed in this state if supervising a student
Page 29, Line 13or trainee who is providing medical nutrition therapy to an individual located in this state.
Page 29, Line 14(b) A qualified supervisor shall only supervise a clinical
Page 29, Line 15activity or nutrition care service for which the qualified supervisor is qualified and is authorized to perform.
Page 29, Line 16(c) A qualified supervisor shall develop and carry out a
Page 29, Line 17program for advancing and optimizing the quality of care
Page 29, Line 18provided by a student or trainee being supervised. The qualified
Page 29, Line 19supervisor and the student or trainee being supervised shall
Page 29, Line 20identify and document goals for supervised practice experience,
Page 29, Line 21the assignment of clinical tasks as appropriate to the supervised
Page 29, Line 22individual's evolving level of competence, the supervised
Page 29, Line 23individual's relationship and access to the qualified supervisor,
Page 30, Line 1and a process for evaluating the student or trainee's performance.
Page 30, Line 2(d) A qualified supervisor shall oversee the activities of,
Page 30, Line 3and approve and accept responsibility for the nutrition care services rendered by, the student or trainee.
Page 30, Line 4(e) A qualified supervisor shall be physically on site and
Page 30, Line 5present where the supervised individual is providing nutrition
Page 30, Line 6care services or be immediately and continuously available to
Page 30, Line 7the supervised individual by means of two-way, real-time
Page 30, Line 8audiovisual technology that allows for direct,
Page 30, Line 9contemporaneous interaction by sight and sound between the
Page 30, Line 10qualified supervisor and the supervised individual. If the
Page 30, Line 11qualified supervisor assigns a nutrition care service to a
Page 30, Line 12supervised individual that is to be provided in a setting where
Page 30, Line 13the qualified supervisor is not routinely present, the qualified
Page 30, Line 14supervisor shall ensure that the means and methods of
Page 30, Line 15supervision are adequate to ensure appropriate patient care,
Page 30, Line 16which may include synchronous videoconferencing or another
Page 30, Line 17method of communication and oversight that is appropriate to
Page 30, Line 18the care setting and the education and experience of the supervised individual.
Page 30, Line 19(f) A qualified supervisor shall review on a regular basis
Page 30, Line 20the charts, records, and clinical notes of the supervised
Page 30, Line 21individuals and maintain responsibility for the supervised individuals' clinical record keeping.
Page 30, Line 22(g) A qualified supervisor shall be available to render
Page 30, Line 23assistance during the provision of nutrition care services when
Page 31, Line 1requested by a patient or shall have arranged for another
Page 31, Line 2qualified practitioner lawfully able to render nutrition care
Page 31, Line 3services to be available in the absence of the qualified supervisor.
Page 31, Line 4(h) A qualified supervisor shall limit the assignment of
Page 31, Line 5nutrition care services to those services that are within the
Page 31, Line 6training and experience of the supervised individual and customary to the practice of the qualified supervisor.
Page 31, Line 712-223-113. Exemptions. (1) This article 223 does not affect or prevent:
Page 31, Line 8(a) A health-care professional licensed under this title 12
Page 31, Line 9and practicing in this state from engaging in the practice of
Page 31, Line 10medical nutrition therapy when medical nutrition therapy is
Page 31, Line 11within the individual's licensed scope of practice and is
Page 31, Line 12incidental to the practice for which they are licensed; except
Page 31, Line 13that such individual shall not represent themself using titles protected under section 12-223-111;
Page 31, Line 14(b) A student or trainee from engaging in the practice of medical nutrition therapy, if:
Page 31, Line 15(I) The student or trainee practices under this subsection
Page 31, Line 16(1)(b) as part of a course of study or as part of a planned,
Page 31, Line 17continuous supervised practice experience to satisfy
Page 31, Line 18educational or supervised practice experience requirements described in section 12-223-107 (1)(a) or 12-223-108 (1)(b);
Page 31, Line 19(II) The student or trainee who is completing the
Page 31, Line 20supervised practice experience required under section 12-223-107
Page 31, Line 21(1)(a)(II) or 12-223-108 (1)(b) practices under this subsection (1)(b)
Page 32, Line 1not more than five years after completing the educational
Page 32, Line 2requirements under section 12-223-107 (1)(a)(I) or 12-223-108 (1)(a);
Page 32, Line 3(III) The student or trainee practices under this subsection (1)(b) only while supervised by a qualified supervisor;
Page 32, Line 4(IV) The student or trainee does not engage in the unrestricted practice of medical nutrition therapy; and
Page 32, Line 5(V) While practicing under this subsection (1)(b), the
Page 32, Line 6student or trainee uses a title that clearly indicates their status as a student, intern, trainee, or supervised individual;
Page 32, Line 7(c) A dietitian or nutritionist who is serving in the armed
Page 32, Line 8forces or the United States public health service or is employed
Page 32, Line 9by the United States department of veterans affairs from
Page 32, Line 10engaging in the practice of medical nutrition therapy or using
Page 32, Line 11government-issued titles, provided the practice or title use is related to such service or employment;
Page 32, Line 12(d) An individual who is employed by, or who contracts
Page 32, Line 13with, the state, a county, a municipal agency, or another
Page 32, Line 14political subdivision, for the purposes of providing nutrition
Page 32, Line 15care services for the special supplemental nutrition program
Page 32, Line 16for women, infants, and children, created pursuant to 42 U.S.C.
Page 32, Line 17sec. 1786, and who is authorized within the discharge of their
Page 32, Line 18official duties to use the title "nutritionist" from providing
Page 32, Line 19nutrition care services within the discharge of their official duties;
Page 32, Line 20(e) An individual who does not represent themself using
Page 32, Line 21titles protected under section 12-223-111 from providing medical weight control for obesity as part of the following:
Page 33, Line 1(I) An instructional program that has been approved in writing by at least one of the following individuals:
Page 33, Line 2(A) A dietitian or nutritionist licensed in this state; or
Page 33, Line 3(B) A health-care professional licensed or certified in
Page 33, Line 4this state whose authorized scope of practice includes medical nutrition therapy; or
Page 33, Line 5(II) A plan of care that is overseen by a health-care
Page 33, Line 6professional licensed in this state whose scope of practice
Page 33, Line 7otherwise authorizes the health-care professional to provide
Page 33, Line 8and delegate medical nutrition therapy, if the medical weight
Page 33, Line 9control services are not discretionary and do not require the exercise of professional judgment;
Page 33, Line 10(f) An individual who does not represent themself using
Page 33, Line 11titles protected under section 12-223-111 from assisting with the
Page 33, Line 12provision of medical nutrition therapy if the individual performs
Page 33, Line 13only support activities that are not discretionary and that do
Page 33, Line 14not require the exercise of professional judgment to perform,
Page 33, Line 15and the individual is directly supervised by one of the following
Page 33, Line 16licensed practitioners acting within the scope of the practitioner's license:
Page 33, Line 17(I) A licensed dietitian;
(II) A licensed nutritionist; or
Page 33, Line 18(III) A health-care professional licensed in this state;
Page 33, Line 19(g) An individual from disseminating nonindividualized,
Page 33, Line 20written, general nonmedical nutrition information in
Page 33, Line 21connection with the marketing and distribution of dietary
Page 34, Line 1supplements, food, herbs, or food materials, including
Page 34, Line 2explanations of their federally regulated label claims, their
Page 34, Line 3known drug-nutrient interactions, their role in various diets, or
Page 34, Line 4suggestions as how to best use and combine them, so long as such
Page 34, Line 5information does not constitute medical nutrition therapy and
Page 34, Line 6the individual does not represent themself using titles protected under section 12-223-111;
Page 34, Line 7(h) An individual from providing individualized nutrition
Page 34, Line 8recommendations for wellness and primary prevention of
Page 34, Line 9chronic disease, health coaching, holistic and wellness
Page 34, Line 10education, guidance, motivation, behavior change management,
Page 34, Line 11services for nonmedical weight control, or other nutrition care services so long as all the following apply:
Page 34, Line 12(I) The services do not constitute medical nutrition therapy;
Page 34, Line 13(II) The individual does not represent themself using titles protected under section 12-223-111; and
Page 34, Line 14(III) The individual does not hold themself out as licensed
Page 34, Line 15or qualified to engage in the practice of medical nutrition therapy; and
Page 34, Line 16(i) An out-of-state licensed practitioner from providing
Page 34, Line 17medical nutrition therapy services via telehealth to a patient located in this state if the out-of-state licensed practitioner:
Page 34, Line 18(I) Is licensed in this state as a licensed dietitian or
Page 34, Line 19licensed nutritionist or has obtained a dietitian licensure compact privilege; or
Page 34, Line 20(II) Is a health-care professional licensed or certified in
Page 35, Line 1good standing in a state or territory, with a licensed or
Page 35, Line 2certified scope of practice that includes the provision of medical
Page 35, Line 3nutrition therapy and medical nutrition therapy services via telehealth:
Page 35, Line 4(A) In consultation with a medical nutrition therapy
Page 35, Line 5practitioner licensed in this state who has a practitioner-patient relationship with the patient;
Page 35, Line 6(B) For a patient with whom the licensed practitioner has
Page 35, Line 7a current practitioner-patient relationship, and the patient is temporarily present in this state; or
Page 35, Line 8(C) Pursuant to a current practitioner-patient
Page 35, Line 9relationship, and such care is limited to temporary or
Page 35, Line 10short-term follow-up medical nutrition therapy services to ensure continuity of care.
Page 35, Line 11(2) By engaging in telehealth with a patient located in
Page 35, Line 12this state, a licensed practitioner exempted from Colorado
Page 35, Line 13licensure under subsection (1)(i)(II) of this section consents to
Page 35, Line 14the applicable Colorado laws, rules, and regulations governing
Page 35, Line 15the licensed practitioner's profession; the jurisdiction of
Page 35, Line 16Colorado; and the jurisdiction of the applicable licensing board
Page 35, Line 17regulating the licensed practitioner's profession, including the
Page 35, Line 18licensing board's complaint, investigation, and hearing process
Page 35, Line 19and ability to seek injunctions and impose civil penalties and fines.
Page 35, Line 2012-223-114. License expiration - license renewal - continuing
Page 35, Line 21education - rules. (1) The board may renew licenses upon
Page 35, Line 22satisfactory completion of the renewal application, payment of
Page 36, Line 1the renewal fee, and the successful completion of continuing
Page 36, Line 2education requirements, including at least seventy-five hours
Page 36, Line 3of continuing education every five years, as determined by the board.
Page 36, Line 4(2) The board shall adopt rules establishing continuing education requirements for renewing licenses.
Page 36, Line 512-223-115. Penalties. (1) An individual who practices or
Page 36, Line 6offers or attempts to practice as a dietitian or a nutritionist, or
Page 36, Line 7an individual who practices or offers or attempts to practice
Page 36, Line 8medical nutrition therapy, without being licensed pursuant to
Page 36, Line 9this article 223 commits a class 2 misdemeanor pursuant to section 12-20-407 (1)(a)(V)(Y).
Page 36, Line 10(2) In addition to other penalties or remedies pursuant to,
Page 36, Line 11or rules adopted under, this article 223, the board may impose an
Page 36, Line 12administrative fine in accordance with section 12-20-404 (1)(c)
Page 36, Line 13against an individual who violates a provision of this article 223.
Page 36, Line 14(3) In addition to other penalties or remedies pursuant to,
Page 36, Line 15or rules adopted under, this article 223, the board may assess
Page 36, Line 16and collect all costs incurred in connection with disciplinary
Page 36, Line 17actions, including investigator fees, stenographer fees, attorney fees, and hearing costs.
Page 36, Line 1812-223-116. Repeal of article - review of functions.This
Page 36, Line 19article 223 is repealed, effective September 1, 2035. Before the
Page 36, Line 20repeal, this article 223 is scheduled for review in accordance with section 24-34-104.
Page 36, Line 21SECTION 2. In Colorado Revised Statutes, 12-20-202, amend (3)(e)(X) and (3)(e)(XI); and add (3)(e)(XII) as follows:
Page 37, Line 112-20-202. Licenses, certifications, and registrations - renewal
Page 37, Line 2- reinstatement - fees - occupational credential portability program
Page 37, Line 3- exceptions for military personnel, spouses, gold star military
Page 37, Line 4spouses, and dependents - rules - consideration of criminal
Page 37, Line 5convictions or driver's history - executive director authority -
Page 37, Line 6definitions. (3) Occupational credential portability program -
Page 37, Line 7definitions. (e) Subsections (3)(a) to (3)(d) of this section do not apply to the following professions or occupations:
Page 37, Line 8(X) Direct-entry midwives, regulated pursuant to article 225 of this title 12;
orPage 37, Line 9(XI) Surgical assistants and surgical technologists, regulated pursuant to article 310 of this title 12; or
Page 37, Line 10(XII) Dietitians and nutritionists, regulated pursuant to article 223 of this title 12.
Page 37, Line 11SECTION 3. In Colorado Revised Statutes, 12-20-407, add (1)(a)(V)(Y) as follows:
Page 37, Line 1212-20-407. Unauthorized practice of profession or occupation
Page 37, Line 13- penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:
Page 37, Line 14(V) Practices or offers or attempts to practice any of the following
Page 37, Line 15professions or occupations without an active license, certification, or
Page 37, Line 16registration issued under the part or article of this title 12 governing the particular profession or occupation:
Page 37, Line 17(Y) Medical nutrition therapy, as regulated under article 223 of this title 12.
Page 37, Line 18SECTION 4. In Colorado Revised Statutes, 6-1-724, amend (6)(s) and (6)(t); and add (6)(u) as follows:
Page 38, Line 16-1-724. Unlicensed alternative health-care practitioners -
Page 38, Line 2deceptive trade practices - short title - legislative declaration -
Page 38, Line 3definitions. (6) A complementary and alternative health-care practitioner
Page 38, Line 4providing complementary and alternative health-care services under this section who is not licensed, certified, or registered by the state shall not:
Page 38, Line 5(s) Recommend the discontinuation of a course of care, including
Page 38, Line 6a prescription drug, that was recommended or prescribed by a health-care professional;
orPage 38, Line 7(t) Hold
oneselfPage 38, Line 8imply to a client or prospective client that
he or shePage 38, Line 9practitioner is a physician, surgeon, or both, or that
he or she isPage 38, Line 10are a health-care professional who is licensed, certified, or registered by the state; or
Page 38, Line 11(u) Provide medical nutrition therapy, as regulated under
Page 38, Line 12article 223 of title 12, unless exempt from regulation pursuant to section 12-223-113.
Page 38, Line 13SECTION 5. In Colorado Revised Statutes, 24-34-104, add (36)(a)(VII) as follows:
Page 38, Line 1424-34-104. General assembly review of regulatory agencies
Page 38, Line 15and functions for repeal, continuation, or reestablishment - legislative
Page 38, Line 16declaration - repeal. (36) (a) The following agencies, functions, or both are scheduled for repeal on September 1, 2035:
Page 38, Line 17(VII) The regulation of dietitians and nutritionists in accordance with article 223 of title 12.
Page 38, Line 18SECTION 6. In Colorado Revised Statutes, 24-1-122, add
Page 38, Line 19(3)(oo) as follows:
Page 39, Line 124-1-122. Department of regulatory agencies - creation. (3) The
Page 39, Line 2following boards and agencies in the department of regulatory agencies are
Page 39, Line 3allocated to the division of professions and occupations and are type 1 entities, as defined in section 24-1-105:
Page 39, Line 4(oo) The state board of dietetics and nutrition, created in article 223 of title 12.
Page 39, Line 5SECTION 7. Act subject to petition - effective date -
Page 39, Line 6applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 39, Line 7the expiration of the ninety-day period after final adjournment of the
Page 39, Line 8general assembly; except that, if a referendum petition is filed pursuant to
Page 39, Line 9section 1 (3) of article V of the state constitution against this act or an
Page 39, Line 10item, section, or part of this act within such period, then the act, item,
Page 39, Line 11section, or part will not take effect unless approved by the people at the
Page 39, Line 12general election to be held in November 2026 and, in such case, will take
Page 39, Line 13effect on the date of the official declaration of the vote thereon by the governor.
Page 39, Line 14(2) This act applies to offenses committed on or after the applicable effective date of this act.