Dina Garcia, RD, LDN,; The Notice of Petition for Declaratory Statement was published in Volume 45, No. 57, of the March 22, 2018, Florida Administrative Register. Petitioner inquired as to whether, under Chapter 468, Part X, ss. 468.501-468.518; ...

 

DEPARTMENT OF HEALTH

Board of Medicine

NOTICE IS HEREBY GIVEN that the Board of Medicine has issued an order disposing of the petition for declaratory statement filed by Dina Garcia, RD, LDN, on March 05, 2018. The following is a summary of the agency's disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Volume 45, No. 57, of the March 22, 2018, Florida Administrative Register. Petitioner inquired as to whether, under chapter 468, Part X, Sections 468.501-468.518; paragraph 468.518(2)(j); subsection 458.305(3); chapter 456, Section 456.072 and Section 456.07, Florida Statues, a licensed dietician/nutritionist may operate and/or oversee the operation of a class II medical device, specifically a “body sculping device.” The Board considered the Petition at a duly-noticed public meeting held on June 8, 2018, in Orlando, Florida. The Board’s Order was filed on August 9, 2018. The Board is of the opinion that it is not within the scope of practice for a licensed dietician/nutritionist to operate a Class II medical device. The Board’s response to this Petition addresses solely the question propounded by the Petitioner and only addresses issues regarding the practice of Dietetic and Nutrition.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Allen Hall, Executive Director, Dietetics and Nutrition Practices Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, or telephone: [phone], or by electronic mail: [e-mail].