Regulations governing Weight Control Programs

The Rules governing weight control programs in North Carolina were amended in the Fall of 2011, and became effective on December 1, 2011. The statute and amended rules are posted below.

  • For a simple guide to determine if these amended rules apply to you, please click here.
  • To download the forms associated with bringing your center into compliance, please click here.
  • To see a listing of weight control programs in North Carolina that have demonstrated compliance, please click here.

Statute

North Carolina General Statute § 90-368 (7) states that “the requirements of this Article shall not apply to: A person who provides weight control services; provided the program has been reviewed by, consultation is available from, and no program change can be initiated without the prior approval of:
a. A licensed dietitian/nutritionist;
b. A dietitian/nutritionist licensed in another state that has licensure requirements that are at least as stringent as under this Article; or
c. A dietitian registered by the Commission on Dietetics Registration of the American Dietetic Association.”

RulesSECTION .0200 REVIEW AND APPROVAL OF WEIGHT CONTROL SERVICES

21 NCAC 17 .0201 DEFINITIONS

As used in G.S. 90-368(7) and this Section, the following terms and phrases, which have not already been defined in the Practice Act, G.S. 90-350 through 90-369, shall have the meanings specified:

1. A “weight control program or service” means a general program of instruction with food, supplements, food products or a food plan designed for one or more healthy population groups in order to achieve or maintain a healthy weight. A weight control program is not based on an individual nutrition assessment as referenced in G.S. 90-352 and 21 NCAC 17.0101(11) and is not individualized to provide medical nutrition therapy as defined in 21 NCAC 17.0101(16) or nutrition care services as defined in G.S. 90-352 to manage, treat or rehabilitate a medical condition, illness, or injury for a specific person or group;

2. A “review” means the consideration and evaluation of a weight control program or service, in accordance with this Section, which results in either an approval or a disapproval of the program by a reviewer, as defined in this Rule;

3. “Reviewer” means a person who is:

a. a licensed dietitian/nutritionist;
b. a dietitian/nutritionist licensed in another state that has licensure requirements that are at least as stringent as under G.S. 90, Article 25; or
c. a dietitian registered by the Commission on Dietetic Registration of the ADA;

4. “Weight control provider” means a person who provides weight control services through a weight control program as referenced in G.S. 90-368(7).

5. “Written assessment” means a written review and approval by a reviewer of weight control program and weight control services with respect to the following:

a. the screening process;
b. the weight control food plan, supplements, food, or food products for the program’s clients;
c. nutritional adequacy and scientific evidence-based nutrition practices;
d. materials, which include written nutrition education handouts, recorded education materials, lesson or instructional plans, food plans and screening tools;
e. rate of weight change promoted; and
f. provision of a maintenance or follow up program.

History Note: Authority G.S. 90-356; 90-368;
Eff. February 1, 1995;
Amended Eff. December 1, 2011; March 1, 1996.

21 NCAC 17 .0202 REQUIREMENT FOR REVIEW
A person who provides a weight control program or service shall be in compliance with G.S. 90-368 provided that:

1. The person does not hold himself/herself out to be a dietitian or nutritionist or imply orally or in writing or indicate in any way that he/she is a dietitian/nutritionist; and
2. The person providing the program follows the program that is reviewed and shall not initiate any program change without prior approval.

History Note: Authority G.S. 90-356; 90-368;
Eff. February 1, 1995.


21 NCAC 17 .0203 REVIEW AND BOARD ACTION
a. In order to create a presumption of compliance with the exemption provided in G.S. 90-368(7) a weight control provider may submit to the Board the information referenced in paragraphs (b) and ( c) of this rule. Submission of such information is not a prerequisite for meeting the exemption.
b. A weight control provider shall be presumed to be in compliance with the exemption if the provider submits to the Board:

1. a written statement that is signed and dated by the weight control provider that provides and certifies the following information:

A. the name and address of the weight control provider and physical location of the weight control program;
B. the name and address of a reviewer that has provided a written assessment and approval of the weight control program and weight control services as provided by this rule;
C. that a reviewer has provided a written assessment of the weight control program and weight control services and approved the program and services as provided by 21 NCAC 17. 0201(5);
D. that no program change can be initiated without prior approval of a reviewer;
E. that the weight control provider agrees to adhere to the weight control program, including program changes, that has been reviewed and approved by a reviewer; and
F. that the weight control provider agrees that if the program is changed in relation to any of the elements of the written assessment provided by a reviewer pursuant to this rule that the weight control provider shall submit to the Board a signed statement of a reviewer indicating a reviewer’s approval of the program change;

2. a copy of a reviewer’s written assessment and approval as provided by 21 NCAC 17. 0201(5) that is dated not more than 90 days prior to the date that the weight control provider’s written statement referenced in subparagraph (a)(1) of this rule is submitted to the Board; and

3. a copy of a written statement signed by a reviewer that consultation is available to the weight control provider from the reviewer and that states the name and address of that person.

c. If there is a program change, after a reviewer’s written assessment and approval as provided by 21 NCAC 17. 0201(5), a weight control provider is presumed to be in compliance with the exemption provided in G.S. 90-368(7) if the provider submits to the Board a written statement that provides and certifies the information required by subparagraph (b)(1) of this rule and a copy of a reviewer’s written assessment and approval of the program change that is dated not more than 90 days prior to the date the weight control provider’s written statement is submitted to the Board.

History Note: Authority G.S. 90-356; 90-368;
Eff. February 1, 1995. 1995;
Amended Eff. December 1, 2011.