Legal issues facing dietetic practice

Abstract

Malpractice is today's sword of Damocles threatening not only physicians but the entire health care community. For dietitians--clinical and administrative alike--there are a number of areas which could be sources of litigation involving negligence or lack of competency. Is the right therapeutic diet served to the right patient at the right time? A word to the wise would be: Always have records to substantiate professional judgments and actions, even though this means increased paper work. Another potential pitfall--which could result in revocation of licensure or accreditation--involves the standards of the Joint Commission on Accreditation of Hospitals (JCAH). Is scrupulous attention being paid to the JCAH's principles and four standards for dietetic practice? Violation of, for instance, Standard II relating to sanitation practices could bring about sanctions by the local or state health agency. Labor laws, too, have implications for dietitians. The recent change in the Taft-Hartley law brings hospitals under the jurisdiction of the National Labor Relations Board. Care must be taken not to violate its regulations. The federal Occupational Safety and Health Act is also concerned with sanitary and working conditions of employees. In contrast to such restrictive legislation, however, is the Health Professions Educational Assistance Act of 1976 which opens up new educational opportunities from which dietitians could benefit.