ACBN Regulatory Frameworks & Compliance 5 — Questions and Answers
Question 1: Which of the following best describes the scope of practice difference between states with 'licensure' laws versus 'registration' laws for nutrition professionals?
- Licensure laws require more continuing education than registration laws
- Licensure restricts practice to licensed individuals; registration only creates a public roster (Correct answer)
- Registration laws offer stronger consumer protection than licensure laws
- Both types of laws restrict use of professional titles equally
Correct answer: Licensure restricts practice to licensed individuals; registration only creates a public roster
Licensure (or practice acts) restricts who may perform nutrition services, while registration simply requires qualified practitioners to be listed on an official registry without restricting others from practicing.
Question 2: The FTC's 'Health Products Compliance Guidance' specifically requires that health claims in advertising be:
- Pre-approved by the FDA before publication
- Truthful, non-deceptive, and substantiated by competent and reliable scientific evidence (Correct answer)
- Limited to structure/function claims only
- Verified by an independent third-party laboratory
Correct answer: Truthful, non-deceptive, and substantiated by competent and reliable scientific evidence
FTC requires that all health and nutrition claims in advertising be truthful, non-deceptive, and backed by competent and reliable scientific evidence.
Question 3: A supplement label states: 'This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.' When is this disclaimer required?
- Only when making a disease claim
- Whenever a structure/function claim is made on a dietary supplement label (Correct answer)
- Only on products containing new dietary ingredients
- Whenever the product contains more than the Daily Value of any nutrient
Correct answer: Whenever a structure/function claim is made on a dietary supplement label
FDA regulations require this disclaimer to appear on all dietary supplement labels that make structure/function claims to distinguish them from drug claims.
Question 4: A corporate wellness nutritionist wants to collect health risk assessment data from employees. Under HIPAA, which statement is most accurate?
- HIPAA fully covers all employer wellness program health data
- HIPAA may not apply if the employer is not a covered entity or business associate (Correct answer)
- Employers are always covered entities under HIPAA
- Employee health data is exempt from all federal privacy protections
Correct answer: HIPAA may not apply if the employer is not a covered entity or business associate
HIPAA applies to covered entities (health plans, healthcare clearinghouses, providers) and their business associates—an employer collecting wellness data directly may not be a covered entity.
Question 5: Under the updated 2020 Nutrition Facts label requirements, which change most affects how nutritionists counsel clients on added sugars?
- Total sugars are no longer required to be listed
- Added sugars must now be listed separately with a % Daily Value (Correct answer)
- Sugars from fruit juice are exempt from added sugar declaration
- The Daily Value for added sugars was eliminated
Correct answer: Added sugars must now be listed separately with a % Daily Value
The updated Nutrition Facts label requires added sugars to be listed in grams and as a percentage of the Daily Value (10% of calories from a 2,000-calorie diet), helping consumers differentiate added from naturally occurring sugars.
Question 6: A nutrition professional recommends a specific brand of protein powder and receives a commission from the manufacturer. According to professional ethics standards, the practitioner must:
- Stop recommending the product immediately
- Disclose the financial relationship to clients before making the recommendation (Correct answer)
- Report the arrangement to the state licensing board
- Only recommend the product in writing, never verbally
Correct answer: Disclose the financial relationship to clients before making the recommendation
Professional ethics codes require transparent disclosure of financial conflicts of interest so clients can make informed decisions about the advice they receive.
Question 7: Which of the following best describes the regulatory status of medical nutrition therapy (MNT) under Medicare Part B?
- MNT is covered only for beneficiaries with type 2 diabetes or non-dialysis kidney disease when provided by an RD or RDN (Correct answer)
- MNT is covered for all Medicare beneficiaries regardless of diagnosis
- MNT is not covered under Medicare Part B for any condition
- MNT is covered only when ordered by a physician for inpatient settings
Correct answer: MNT is covered only for beneficiaries with type 2 diabetes or non-dialysis kidney disease when provided by an RD or RDN
Medicare Part B covers MNT for beneficiaries with type 2 diabetes or non-dialysis chronic kidney disease when the service is provided by a registered dietitian or nutrition professional meeting specific qualifications.
ACBN Regulatory Frameworks & Compliance 5
Which of the following best describes the scope of practice difference between states with 'licensure' laws versus 'registration' laws for nutrition professionals?