QUESTION:      We’ve had some debate over who can order therapeutic diets. Can you help explain the rules on this issue?

ANSWER:      Historically, CMS has restricted the ability to order therapeutic diets to “practitioners responsible for the care of the patient.” This generally meant physicians. However, in its Final Rule dated May 12, 2014, CMS changed its position on this matter, and revised 42 C.F.R. §482.28(b)(2) to read “All patient diets, including therapeutic diets, must be ordered by a practitioner responsible for the care of the patient, or by a qualified dietician or qualified nutrition professional as authorized by the medical staff and in accordance with State law governing dieticians and nutrition professionals.” (Emphasis added.)

This change came about largely in recognition of the fact that registered dietitians are trained to order patient diets independently, without requiring the approval or supervision of a physician. In order to give hospitals more flexibility in this area, CMS noted that “[i]n order for patients to have access to the timely nutritional care that can be provided by [registered dieticians], a hospital must have the regulatory flexibility either to appoint [registered dieticians] to the medical staff and grant them specific nutritional ordering privileges or to authorize the ordering privileges without appointment to the medical staff, all through the hospital’s appropriate medical staff rules, regulations, and bylaws.”

While it is unlikely most medical staffs would elect to make dieticians full members, CMS does indicate that in order for a dietician to order patient diets independently, clinical privileges must be granted and monitored by the medical staff.

Of course, your state law may still limit a dietician’s scope of practice, so be aware of any restrictions at the state law level.

For answers to more of your credentialing and privileging questions — including those related to allied health professionals — please join us for The Credentialing Clinic or contact us about having The Credentialing Clinic come to you!