NRS640E.090. Applicability of chapter.

      1.  The provisions of this chapter do not apply to:

      (a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, marriage and family therapist, chiropractor, athletic trainer, massage therapist, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:

             (1) Practices within the scope of that license or registration;

             (2) Does not represent that he or she is a licensed dietitian or registered dietitian; and

             (3) Provides nutrition information incidental to the practice for which he or she is licensed or registered.

      (b) A student enrolled in an educational program accredited by the Commission on Accreditation for Dietetics Education of the Academy of Nutrition and Dietetics, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.

      (c) A registered dietitian employed by the Armed Forces of the United States, the United States Department of Veterans Affairs or any division or department of the Federal Government in the discharge of his or her official duties, including, without limitation, the practice of dietetics or providing nutrition services.

      (d) A person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutrition information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian. While performing acts described in this paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.

      (e) A person who provides services relating to weight loss or weight control through a program reviewed by and in consultation with a licensed dietitian or physician or a dietitian licensed or registered in another state which has equivalent licensure requirements as this State, as long as the person does not change the services or program without the approval of the person with whom he or she is consulting.

      2.  As used in this section, “nutrition information” means information relating to the principles of nutrition and the effect of nutrition on the human body, including, without limitation:

      (a) Food preparation;

      (b) Food included in a normal daily diet;

      (c) Essential nutrients required by the human body and recommended amounts of essential nutrients, based on nationally established standards;

      (d) The effect of nutrients on the human body and the effect of deficiencies in or excess amounts of nutrients in the human body; and

      (e) Specific foods or supplements that are sources of essential nutrients.

      (Added to NRS by 2011, 1498)