CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8482, 1995 WL 469647
...order on appeal found the rule “made it clear that doing those things which constitute the practice of medicine is not nutrition counseling and might well subject the offender to discipline.” FNCA urges conflict with the statutory limitation in section 468.518(l)(j)....
...nutrition practice as defined_” (Emphasis supplied.) Because this proposed definitional rule amendment is construed by the order as simply restricting nutrition counselors from the practice of medicine regulated by Ch. 458, Florida Statutes, and the general terms of the rule must in all events be applied consistent with section 468.518(l)(j), there would appear to be no compelling argument for facial invalidity....
...lend support to FNCA’s argument. A primary contention here is that this proposed rule would effectively do indirectly what the Board cannot do directly, i.e., eliminate practice by those counselors explicitly “grandfathered” into licensure by section 468.51, Florida Statutes (1993)....
...on appropriate nutrition intake by integrating information from the nutrition assessment. Sec.
468.507, Florida Statutes: The board may adopt such rules not inconsistent with law as may be necessary to carry out the duties and authority conferred upon the board by ss.
468.501-
468.518 and chapter 455.... . Subparagraph (j) lists as a ground for disciplinary action against nutrition counselors: (j) Treating or undertaking to treat human ailments by means other than by ... nutrition practice, as defined in ss.
468.501-
468.518....
...1994): "It is further legislative intent that the use of the term "profession" with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law.” . Section 468.51(3) provides "[t]he board shall certify as qualified any applicant who documents that the applicant was employed as a practitioner of nutrition counseling previous to and on April 1, 1988.” ....
