Martinez, CA asked in Health Care Law for California

Q: Question regarding: California Code, Business and Professions Code - BPC § 2585

Is a self-paying client not allowed to work with a private practicing Registered Dietitian in the state of California if they do not have a referral from an authorized health provider?

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James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, specifically Business and Professions Code Section 2585, there's a clear set of regulations regarding who can represent themselves as a registered dietitian or a dietetic technician, registered. The law stipulates that individuals must meet certain educational, experiential, and examination requirements to use titles associated with dietetics professionally. These qualifications are detailed and include age, education, supervised practice, examinations, and continuing education requirements.

In the context of working with a private practicing Registered Dietitian without a referral from an authorized health provider, the specific regulation to focus on is Section 2585(e). This subsection addresses reimbursement and referral conditions. It states that, notwithstanding any law limiting reimbursement to state-licensed health care providers, registered dietitians (and other qualified nutritional professionals) may be reimbursed for nutritional advice, assessments, counseling, and treatments upon referral by a physician and surgeon. However, this subsection primarily addresses reimbursement and not the legality of providing services without a referral.

Therefore, while the code is specific about the qualifications needed to practice as a registered dietitian and the conditions under which nutritional services can be reimbursed, it doesn't directly prohibit a self-paying client from working with a private practicing Registered Dietitian without a health provider's referral. The focus is rather on the professional's qualifications and the conditions for reimbursement. If you are considering seeking the services of a dietitian and have concerns about referrals or other legal matters, it may be beneficial to consult directly with a healthcare provider or a legal expert in California's health laws.

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