UPDATE
I am working to put together a roundtable on this bill. We have folks from eatright.org, the Nutritional Therapy assoc, and some folks who have worked on the inside in this legislative process. Not sure on the timeline, but trying to get it done ASAP and that will be a special podcast edition.
Hey folks, I need to pass this along to you and I really hope you lend some muscle to shooting down the Bill HB 796, “Modernize Dietetics/Nutrition Practice Act.” In essence, HB 796 will prevent anyone from communicating dietary advice to a non-family member who has a medical condition. Friend of yours asks you how you lost weight? Can’t say anything, as obesity is a “medical condition.” Own a gym and want to do a Paleo Challenge? Good luck, the Dietetics Board of NC can, and likely will, sue you. If you check out that link to the Bill, scan down to the bottom, you will see what becomes illegal with the enactment of this Bill. At one point it was the “practice of dietetics” however that has been changed to “medical nutrition therapy.” Since life itself can be labeled a “medical condition” it provides a remarkably invasive reach for the The North Carolina Board of Dietetics/Nutrition. These are the same folks that tried to sue Steve Cooksey for blogging about his experience SUCCESSFULLY managing his diabetes. Fortunately, due to enormous support for Steve the NCBDN failed in their suit, but this is their next attempt at a power-grab.
WTF is going on?
There is a struggle emerging between the old guard of academia/medicine and the emergent, decentralized networks that provide arguably superior information. Academia clearly has it’s place, although I am continually pushed to define or understand exactly what that role is other than protecting hegemony. I put much more faith in markets, self-experimentation and outcome based medicine. That position absolutely FREAKS OUT anyone who is an entrenched academic. Well, tough. Dietetics, as it is currently practiced, is an appalling failure. An auto-mechanic who understands the rudiments of ancestral health is more valuable to our populace than 10,000 RD’s who promulgate the same tired crap. To some degree, this is exactly what is happening. The old guard is getting crushed in a market-based sharing of information and their only response is to make a political/legal power-grab. NOT change their broken, archaic methodology. instead, they work to create a legal barrier that prevents people from sharing simple solutions to complex problems.
Now, this does currently “only” affect North Carolina. Why should you care about that? Well, this sets a precedent. Today NC, tomorrow your state. This problem is NOT going away. As the ancestral health idea makes more headway, we will see more and more of this as the old institutions grasp at power that is sliding out of their hands.
Laura Combs has done amazing work staying up on this topic. She provided me the following material which allows you to easily contact legislators directly involved in this bill. Please take the time to support freedom and the free sharing of information.
Dear Senator Apodaca,I am writing to strongly urge you to bury/not release HB 796. This is a terrible bill that obliterates Free Speech in North Carolina.I know that you are a strong supporter of autism care as a primary sponsor of SB 676. One of the keys to autism spectrum recovery is changes in diet. Most dietitians and nutritionists are unaware of those protocols, but many, many parents are. Parents have improved and in some cases freed their children from autism via dietary therapies. Those parents will become criminals if they share their nutrition strategies with other parents because they will be offering “Medical Nutrition Therapy.” It is unbelievable to me that the Dietetics and Nutrition monopoly can create such Constitutional havoc and get away with it – in the House at least.If the Dietetics and Nutrition professions were effective, why are more and more people sick by the food they eat (diabetes, high blood pressure, obesity and many other forms of metabolic syndrome)? I happen to be good that this stuff and I have helped a lot of people – people who have been failed by the medical association and the Dietetics and Nutrition folks. I volunteer my knowledge and I can’t believe that I will be muzzled by this group of supposed professionals.If these folks want to regulate and license themselves, by all means they should do so, but they should leave the regular person alone.Please do not release HB 796 from Rules and maintain our Freedom of Speech. We have had too many assaults on our freedoms by Senator Tarte (SB 346, the Vax Bill, and SB 271, Four-Year Term for GA/Limit Consecutive Terms.) and are getting tired of this nonsense.Thank you for your consideration.Sincerely,Laura CombsRaleigh, NC
Devin says
My request, as a registered dietitian that lives and teaches from an ancestral standpoint, is that the public remember we are not all the same. There is a portion of dietitians that are in disagreement with conventional dietitians because we’ve chosen a view other than the USDA’s (gasp). I lovingly refer to us as “the outcasts”. A group that I’m proud to be apart of because I believe in this lifestyle and movement.
Robb Wolf says
Great stuff Devin! We are grateful for you work.
Ann says
As I pursue my RD credentials, my number one goal is to join you in that group of outcasts, Devin! Keep on keeping on!
Gonzalo says
Devin I’m also a Dietitian who believes in what you believe! I’m a Holistic Health Coach as well and feel the same way you do.
Do you have a website or do anything online? Would love to connect with more people like you! Let me know
Caitlin Russell MS RD LD says
Fellow “outcaster” here! Hoping justice will leave free speech in place. I’m so thankful for all the nutrition renegades who spread the message of ancestral health even in the face of threats. There is room for all of us at the ancesestral table. It shouldn’t be a crime to advocate eating more vegetables, healthy fats, and humanly raised protein.
christine says
Thank you for your comment and as a fellow RD , I couldn’t agree more!
Tom Lemke says
Count me in as an RD renegade as well. It’s funny, I’ve had several job interviews recently where the RD hiring managers had never heard of, for instance, Weston A. Price, and thought that the concept of an ancestral diet was just a fad. I was told “we do things that are backed by science here; we don’t follow fads”. So there is clearly much work still to be done.
Wenchypoo says
This is the last gasp of politics invading our health. They think they have the power by limiting exactly who can give advice, exactly what advice can be given, as well as exactly what foods can or cannot be bought with food stamps, or exactly at what age certain tests “must” be performed.
This is an occupation struggling for relevance, and isn’t going down without a hell of a fight (like so many fast food restaurants these days).
They may THINK they have the power behind them, but they CANNOT make me buy something, CANNOT make me eat something, and CANNOT stop me from reading something on the web, or choosing to practice my free will ( at my own expense) elsewhere. An election year is right around the corner, and what we need is a nation-wide protest to get media attention (what always seems to work best for politicians).
Pat Robinson says
I sent the following letter to all legislators with the Subject line: REPEAL exclusionary Dietetics/Nutrition Act, HB796
HB796, SECTION 2 . G.S. 90 – 352 (6) includes Telepractice! – The delivery of services under this Article by means other than in – person, including, but not limited to, telephone, e – mail, Internet, or other methods of electronic communication. (Page 2, Line 22-29)
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Pat Robinson
Pat Robinson says
I sent the following letter to all legislators with the Subject line: REPEAL exclusionary Dietetics/Nutrition Act, HB796
HB796, SECTION 2 . G.S. 90 – 352 (6) includes Telepractice! – The delivery of services under this Article by means other than in–person, including, but not limited to, telephone, e–mail, Internet, or other methods of electronic communication. (Page 2, Line 22-29)
HB796 prohibits a broad range of qualified nutrition practitioners from providing nutrition counseling and violates the US Constitution’s First Amendment’s Freedom of Speech.
“North Carolinia citizens do not need the government’s permission to give someone ordinary advice,” said Institute for Justice Senior Attorney Jeff Rowes, who represented Steve Cooksey in his lawsuit against the North Carolina Board of Dietetics/Nutrition.
“North Carolina cannot require someone like Steve to be a state-licensed dietitian any more than it could require Dear Abby to be a state-licensed psychologist.”
HB796 attempts to do just that.
You might remember, in December 2011, “Steve Cooksey started an advice column on his blog to answer reader questions about his struggle with Type II diabetes. Cooksey had lost 78 pounds, freed himself of drugs and doctors, and normalized his blood sugar after adopting a low-carb “Paleo” diet, modeled on the diet of our Stone Age ancestors. He wanted to use his blog to share his experience with others.
However, in January 2012, the North Carolina Board of Dietetics/Nutrition informed Cooksey that he could not give readers personalized advice on diet, whether for free or for compensation, because doing so constituted the unlicensed practice of dietetics.” ~ Institute for Justice
http://www.ij.org/north-carolina-free-speech-release-2-18-2015
Now the North Carolina Board of Dietetics/Nutrition is trying to legislate Dear Abby to limit market competition as exposed by Forbes Magazine, April 2012.
http://www.forbes.com/sites/michaelellsberg/2012/04/05/american-dietetic-association/
Do not bring North Carolina unwanted, negative media attention about the monopolistic efforts of the North Carolina Board of Dietetics/Nutrition. Oppose HB796.
REPEAL exclusionary North Carolina Dietitian Licensing law, NC G.S. 90-350-379 Article 25. Dietetics/Nutrition, as the State of Michigan has done. https://www.nutritionadvocacy.org/press-releases
Allow all qualified nutrition professionals—not just Registered Dietitians to provide healthy dietary advice to citizens of North Carolina who are seeking to become healthier!
Occupational licensing laws which restrict market competition – by gaining legislative control over the term nutritionist – do not trump the First Amendment..
Pat Robinson
Martha Montour says
I am a Certified Integrative Health Coach and Holistic Practitioner. I studied and earned these credentials and wish to be able to help as many people as possible to attain their personal best health and life balance. I don’t wish to be governed by those who are afraid to lose their monopoly on such things.
Amy says
“An auto-mechanic who understands the rudiments of ancestral health is more valuable to our populace than 10,000 RD’s who promulgate the same tired crap.”
^^^^^ This, about a thousand times over.
Robb, if I didn’t already love ya, that line alone would seal the deal!
Robb Wolf says
Thanks Amy!
Sherri B says
My certification as a nutrition coach has lapsed and I am exploring other avenues for new certification. However, this doesn’t stop me from talking with and helping other people where health and wellness are concerned.
College and a $60,000.00 4-year nutritionist degree is not an option to me at this point in time. However, aren’t nutritionists bound to discuss only things that are approved by the gigantic ridiculous government that is now in place? Which, by the way, does not include anything like Paleo, Primal, Caveman, Bulletproof, etc.
I have written and sent my letter and I have shared the link with others who I know that do live in North Carolina. I am hoping they will spread the word as well.
Thank you Robb for being so vigilant and determined. You are more than appreciated.
Jessica says
Hey Sherri – No, nutritionists or Registered Dietitians (of which I am one) are NOT bound to discuss only what the USDA and the Academy of Nutrition and Dietetics (AND) “approves”.
We are free to think and act on our own. As a “Real Food” dietitians and one of the “Outcasts” that Devin referred too – I am not an member of the AND, I have publicly made my stance against the USDA’s policies regarding food and nutrition and my private practice (where I offer nutrition counseling and Medical Nutrition Therapy as an RD) is based ancestral food philosophies.
Wishing you much success in the your path to help others – we need all of the Real Food warriors we can get out there.
Dara says
We’ve organized a petition! Please sign it and add your voice!
Thank you
https://www.change.org/p/north-carolina-state-house-north-carolina-state-senate-vote-no-on-hb796-and-eliminate-the-ncbdn
Fran Henig says
not cool to marginalize all RDs. Your comment to Devin is noted but in my opinion you could have made a distinction in your blog post in the spirit of accuracy. There are many of us who are not AND members. The RDs in my circle are scientists and therapists with practices that provide safe and effective nutrition intervention. Some of us specialize in functional nutrition and have spent many additional hours in a classroom to broaden our scope. I agree that the bill as it is will likely cause more harm than good. I believe that if a law is passed it should only apply to nutrition professionals who charge a fee for their services. Something needs to be done to protect consumers against fraudulent nutritionists. Nutrition is a science and in order to study it there are other science course prequisites including biochemistry. There are people practicing in the field who have never had a single course in science yet advertise that they went to nutrition school because they took some weekend classes and learned about popular diets. I have seen people hospitalized with electrolyte imbalance or hyper/hypoglycemia due to a health coach practicing outside their scope.
On the other side I believe the bill as written is too restrictive as there are paraprofessionals who are qualified to give nutrition advice, I believe you fit into this category. You may tell me you have never had a course in science (I have never read your bio) but I am willing to bet based on your body of work you could pass the clinical portion of the RD exam. I know a handful of self taught biochemistry and nutrition wizards who should have the opportunity to pass a nutrition proficiency exam and earn a certificate in nutrition which would be a qualifier under the proposed law.
Robb Wolf says
Fran-
What concerns me is the power-grab here and the implications for freedom. I’ll not delve deeply into my thoughts on all this. I frequently anger RD’s as they feel I am the profession at large but the whole methodological underpinnings of modern dietetics is flawed. I call this out the same way i go after fractional reserve banking and our money supply. If it’s broke, it needs to be fixed. I employ several RD’s and am incredibly for their work, i hope to employ many more in the future, but the scope of this bill is appalling.
Fran Henig says
“the whole methodological underpinnings of modern dietetics is flawed.”
Agreed. The whole methodological underpinnings of modern medicine is also flawed, but that doesn’t mean I want every career-changing mid-lifer with a passion for health and knack for sharing their self-experiments to be able to lawfully practice medicine. Something needs to be done to protect the consumer from fraudulent nutritionist while not infringing on the actual experts. Why not implement a proficiency exam to weed out the frauds?
Alec says
At the bottom of the bill, it looks to me like these restrictions only apply to those who claim that they are dietitians or nutritionists. Not just that they are “into nutrition” or whatever. In that case it would mean that it does not “prevent *anyone* from communicating dietary advice.” Am I reading the bill wrong? It even states that retailers can sell things saying it will improve a medical condition as long as they don’t claim that they are nutritionists or dietitians.
Robb Wolf says
Alec-
I’m honestly not clear on that either. The broad language of nutritional therapy for “medical conditions” is what has me spooked.
Aaron says
Alec,
I noticed the same thing. The bill seems to say that people other than dieticians or nutritionists CAN communicate dietary advice, they just can’t provide services “for the management or treatment of a medical condition.” I’m not sure if this bill is as bad as people are making it. Reasonable people can have differing opinions on the individual freedom vs. public health and safety debate,
Grant says
Thanks for this Robb and Laura – I recently moved to NC and just emailed the Senator.
Laura Combs says
Thank you! They have been gearing for this battle for two years after there was an effort to disband their licensing board. Unfortunately it failed even though the bill had 6 sponsors. They set a fundraising goal to defeat grassroots pushback of $100,000, so every signature is greatly appreciated!.
Laura Combs says
Here is the scoop. Per exception (12): Any individual who provides nutrition information, guidance,
encouragement, individualized nutrition recommendations, or weight control
services that do not constitute medical nutrition therapy as defined in G.S.
90-352, provided that the individual does not
hold himself or herself out as a licensed
dietitian or a licensed nutritionist as prohibited under G.S. 90-365
and that the individual does not seek to provide medical nutrition therapy as defined in
G.S. 90-352.”
The “and medical nutrition therapy” at the end is the kicker. If I provide recommendations to my diabetic neighbor I will break the law by providing medical nutrition therapy, which is defined in the bill here:
Medical nutrition therapy.
–
The provision of nutrition care services for the
purpose of managing or treating a medical condition.
netposer says
I posted this on reddit in ‘/r/keto’ sub reddit yesterday so there’s a decent discussion going on.
http://www.reddit.com/r/keto/comments/356fqn/hb_796_will_prevent_anyone_from_communicating/
John Greene says
Excellent piece. Allopathic medicine and licensing of MEDICAL RELATED fields is literally destroying our physical and emotional “mental health”.
Natalie says
Letter written! Even though I come from the raw vegan tribe we can all work together on this one. Just ridiculous!
Dear Senator Apodaca,
I spent 30 years of my life very sick, with constant fatigue and illness.
I went to dozens of doctors and nutritionists, tried many medications and got worse and worse. I spent thousands out of pocket.
Desperate, I went online and found relief though a grain/dairy free diet with no processed foods and the support and advice of others. I am now out of bed and was able to complete a Master’s degree to re-enter the workforce.
Current nutritional thinking doesn’t support cutting out grains or dairy nor is there an accurate test for such issues. If I had been limited to nutritionists, I would have most likely died before reaching 40. I reversed severe depression, diabetes, chronic fatigue, Lupus and Lyme disease which is a blessing and a miracle.
So I don’t like the bill, because it not only limits free speech but it limits people from finding true health through grassroots information. To say sharing dietary advice is dangerous is silly because broccoli never killed anyone. Diseases like Lupus do.
This is America and people need the right to choose or not choose to see a dietician. Monopolies and suppression were the reason our forefathers came to start a new great land so I hope you will reconsider your bill.
Many thanks,
Natalie
Sent from my iPhone
John McCuen says
As a former legislative research analyst, with eight years of writing, interpreting, and amending legislation such as HB 796 (although my experience was not in the realm of health care services), I would say that Section 13 of the bill, and, specifically, paragraphs (9) through (12) address the examples you’ve mentioned in your article. A friend can go into detail about how he or she lost weight without running afoul of the law; a gym owner or employee can make recommendations as to diet, exercise, and nutritional supplements; and so on, as long as the person does not purport to be a dietitian or nutritionist – as Alec mentioned.
As to the question of what constitutes, “medical nutrition therapy,” a common-sense reading of the bill suggests that it applies to the use of non-medical therapies with regard to the treatment of medical conditions. Anyone who recommends, for example, the use of laetrile or oregano “therapy” for the treatment of cancer had better be licensed according to the law in North Carolina; and that person may lose his or her license if they give that kind of advice. I would argue that “the treatment of medical conditions” refers to a specific diagnosis, rather than being more broadly understood to mean good health in general. I have to add, however, that a common sense reading doesn’t necessarily hold true when a particular statute is interpreted by a judge; something I have learned by experience.
In general, I would say that HB 796 shouldn’t be cause for concern for anyone who is not a licensed dietitian or nutritionist, or for those who are properly licensed and acting within the scope of the law.
Daina Van Duynhoven says
John Mccuen. I am so glad you wrote in about this. I think there is a lot of emotional debate in this feed. People need to take a step back and get all the facts before raging out. This is exactly why bills like these are important. Look at how fast the emotions triggered here without full knowledge of the actual scope of the bill. The wording is very black and white and if individuals took a little time to contact someone on the committee to understand the bill that would be more beneficial than all of these emotions verbally vomited on this feed. I feel almost as if this is ” the blind leading the blind”. I am an RDN and I fall on both sides of the RD line, ancestral, homeopathic, and western medicine. I do not agree with the way our healthcare is run but in order to make the change you have to be apart of the change and not just by getting emotional and sending a letter or an e-mail. Educate yourself, if you truly believe in the cause dig around and become physically active in the change you want to see . I believe there is a way to marry the two sides and create a wonderful congealed partnership. On one hand we do need to protect the general public from misinformation that can harm them. on the other hand the general public needs to be held accountable for their own understanding and education. I do think there needs to be some parameters set as right now “Every Tom, Dick, and Harry” will attempt to sell you a diet product or supplement that will change your life without the true knowledge of what it really does to the body. Most of the new diet products on the market are being sold by individuals that are given a pamphlet and personal experience worth of information. That is dangerous to anyone. All so they can make some extra money on the side or get out of a career they are unhappy with. I can tell you that due to my education I can explain the metabolism of your food, the anatomical make up of every aspect of your body, the biological make up of your food, and what happens to your body with the proper and improper nutrition during all stages of life, all medical co-morbidities, exercise related physiology, and so much more. This knowledge is not learned in a 10 hour course online, in a 6 month course through a health and lifestyle coaching certificate, and it is most certainly not learned by watching Dr. Oz on TV. In all professions there are what we like to call “the crazies”. They are the people that make your profession look bad. Every profession has them; doctors, lawyers, senators, mechanics, nurses, accountants, grocery store clerks, etc. So please take a minute to truly understand this bill. It might not be the best answer but it is a start in the right direction and direction is what we currently need.
Laura Combs says
Hi Dana.
Thanks for being open minded and recognizing that the dietary ways of the past are not right for everyone!
I appreciate the points you bring up, but as the author of the alert that Robb posted, I want to assure that this isn’t the blind leading the blind. I have worked inside and outside government for 20 years. I have assisted in legally challenging laws and administrative rules and I have also helped defended them. I have drafted legislation and lobbied. I have walked the halls of the NC legislature as a private citizen quite a bit this session. I have a pretty good feel for what is going on here and the shenanigans of the past. There is a lot of history here about which you aren’t aware.
I respectfully recommend that you read the legislation again, particularly the definitions. This legislation will greatly hinder professions such as Naturopathic Doctors as well as private citizens.
Best,
Laura
Robert Simms says
This would interferes with the discovery and implementation of ideas that work for individuals. I feel it goes against the First Ammendment.
One benefit of the First Ammendment is that it protects ‘diffuse knowledge’ or the ‘wisdom of crowds’ — so well described here by Tom Naughton, as it applies to ‘diet’.
Diet, Health and the Wisdom of Crowds
http://livinlavidalowcarb.com/blog/video-diet-health-and-the-wisdom-of-crowds-by-tom-naughton/21360
A friend said Tom Naughton presents a ‘compelling common sense’ argument as to ‘why the canonized dietary guidelines should be ignored.’
D. M. Mitchell says
This just proves my point that the concept of inalienable rights is a myth. A politician or bureaucrat wouldn’t know an inalienable right if it was right in front of them. For that matter, most police, prosecutors, and judges wouldn’t either.
Stephanie says
I can’t find anything in the bill to support your claims. To the contrary, if you read right down to the end you’ll see a long list of people/organizations to whom these standards would not apply. It seems that this bill is nothing more than an effort to tighten the qualifications of people who would call themselves licensed/registered dietitians.
James Hunter says
Wow, just wow. I just moved to NC and I just received my Primal Blueprint Certification…and I may not be allowed to share my stories and advice. WTF?
Howard Flenner says
James, of course, I know you personally and I feel so bad that these kind of things are putting OUR country in the hands of a FEW that will benefit them one way or another from it’s impact! We are losing our country (WE HAVE LOST OUR COUNTRY), we are NOT US Citizens, we are US Consumers. America does not belong to the PEOPLE, it belongs to the Government, which is controlled by BIG BUSINESS!! PERIOD…..
Jeff B. says
Between bills like this, pending bills across the Country mandating vaccines and protection of their “sacred” GMO’s the agenda becomes very clear – to create patients for life.
M says
I noticed the bill references 1992 on like (33). I am assuming this has been kicking around a long time?
I would take this to only be really enforceable against Internet Food Gurus, such as you Rob, Mark Sisson, etc. It would be unfortunate, though I -guess- the answer would in this case to not host in North Carolina.
I suspect colleges and universities would love to see this passed, as they could capitalize on the requirements to gain new students. Or all the NC based health blogs would fade away.
karen davis says
Hi all. Great comments! Please keep in mind that the current law already restricts what you can say about nutrition unless you are a RD. While this new legislation does open the door a bit more, we need the lawmakers to understand that we would rather have a law like the state of Michigan which doesn’t require licensure nor restrict who may provide nutritional advice.
jake says
I agree that this is an important issue, but why would a NC legislator care one whit about opinions of people from outside the state?
Katy Haldiman, MS, RN, Nutritional Therapist says
The proposed bill isn’t perfect–but it is definitely an improvement upon the current law and it would expand the ability of non-RDs to practice nutrition (as long as it doesn’t constitute medical nutrition therapy). It would also open up non-RD pathways to practicing medical nutrition therapy if a person meets the qualifications to become a licensed nutritionist.
If you read the full proposed bill, you will see that it clearly delineates people that are exempt from the law, including: “(11) Any person who provides nutrition services without remuneration to family members.
(12) A person who provides nutrition information, guidance, encouragement, individualized nutrition recommendations, or weight control services which do not constitute medical nutrition therapy as defined in G.S. 90-352(7), provided he or she does not hold himself or herself out as a licensed dietitian or nutritionist as prohibited in G.S. 90-365 or hold him or
herself out as able to provide medical nutrition therapy as defined in G.S. 90-352(7).
(13) The provisions of this Act shall not be construed to prohibit or limit any person from freely disseminating nutrition information, from conducting a nutrition class or seminar, or from giving a speech related to nutrition if that person does not hold himself or herself out as a dietitian or nutritionist as prohibited in G.S. 90-365 and that person does not seek to provide medical nutrition therapy as defined in G.S.90-352(7).”
I am all for eliminating the stranglehold that the AND has on the practice of nutrition, but this proposed bill needs to be looked at in context of what the current law is in North Carolina. It is a definite improvement over the current law. The link to the full proposed bill is here: http://www.nutritionadvocacy.org/sites/nutritionadvocacy.org/files/uploads/legislator_info/PROPOSED%20DIETETICS%3ANUTRITION%20PRACTICE%20ACT%20%20H796%20LAW_CHANGES_Final.pdf
Pat Robinson says
READ THIS!!
“In February 2015, the U.S. Supreme Court ruled in the case of North Carolina State Board of Dental Examiners v. Federal Trade Commission.
It says, basically, that state agencies cannot be controlled by “active participants” in the regulated trade or profession lest they run afoul of antitrust laws. The coalition of consumer advocates wrote to each state saying:
Accordingly, your board and commission members are theoretically vulnerable to federal felony prosecution and civil treble damages – and your indemnifying state budget may be similarly exposed.”
http://www.reportingonhealth.org/2015/05/08/overlooked-court-case-puts-industry-friendly-state-medical-boards-notice
Tessa says
This also opens the door to being prohibited to share vaccine advice and real-life experiences, as well as religious freedoms in sharing the Gospel or testimonies. This is setting the path to really attack freedom of speech from so many perspectives!!
Mitchell Brown says
This Bill does not apply to people unless you state/represent yourself as licensed in this area. Individuals giving out advice as a individual on food and food materials are not effected nor are retailers of such products as vitaimns.
Read Section 13 paragraph 6-12
T Aspen says
The intent of the bill does not go far enough in my opinion. The likes of Food Babe, Joe Mercola, Mike Adams , David Wolfe all need to be reigned in if not just to prevent them from profiting from the gullible.
Becky Davis says
Mitchell Brown you need to read the second half of the paragraphs. This only explicitly pertains to retailers of food, supplements, or herbal supplements. So if you’re selling something it’s ok, if not then you are breaking the law.
Paragraph 10 is vague but I assume interpretation would find “reported” to mean reported in a scientific study as opposed to reporting my own experiences.
This is really sick. I live in North Carolina and I have done enough research to advise my fiance how to manage Crohns. His symptoms are virtually non-existent now and, because we are not married, the advice I give him is illegal. The doctors and “specialists” we visited before finding Duke Integrative Medicine gave him advice that would have made his condition worse and tried to put him on life-long medication. Note that much of the advice and research Duke provided matched my own so I’m not just off my rocker giving advice to a gullible man. His co-worker has a child with Crohns…but my fiance couldn’t legally tell them about his experience if this passes.
Also, just as a note, the board of Dietetics and Nutrition regularly targets Duke Integrative Medicine. I’d opt to just get rid of the board all together and preserve free speech. I disagree with many health advisers, but I certainly respect their right to say whatever they want.
Belle says
I know I’m late to the party here, but as someone who lives in NC and aspires to become a nutritionist – not a dietitian – this bill will actually open a route to licensure that was not available to me before.
As I understand it, the current law already dictates that unlicensed individuals cannot participate in nutrition activities or counseling unless the information has been directly delegated to him or her by an RD/ licensed nutritionist. Sooo, it seems to me that this will not change under H796. Am I missing something here, or reading the current law wrong?
http://199.233.204.127/images/uploads/North_Carolina_Administrative_Code_Updated_June_2015.pdf 21 NCAC 17 .0402 (b)(2)
The current law also requires a dietetics education. I want to be a CNS, not an RD, so a dietetics education is not appropriate for me; plus, since my bachelor’s is in an unrelated field, it would take me FOREVER to go that route. If the new bill passes, though, an education in dietetics will NOT be required provided one has a master’s or higher in nutrition/ related. So, under H796, I would be able to pursue my master’s in nutrition, get the CNS credential, and apply for licensure. Under the current law, I’d have to pursue an education in dietetics (none of which are local to me, and online programs in other states do not accept NC students), plus, if I remember correctly, I’d have to get a 2nd bachelor’s as opposed to a master’s, which is what I really want.
Sorry for the long-winded post, but I am excited to see if this will pass, as it will open up a route for me that more closely matches my aspirations and will make it easier for me to reach those goals.