North Carolina Dietetic Board: If you blog about diet, you are acting as an unlicensed dietitian

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    Jan 31, 2012 7:56 AM GMT
    Idiots.

    http://www.diabetes-warrior.net/2012/01/28/this-site-free-speech-are-being-investigated/
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    Jan 31, 2012 2:23 PM GMT
    Yay Tea Party!!
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    Jan 31, 2012 3:00 PM GMT
    lmfao dumb rednecks!
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    Jan 31, 2012 3:09 PM GMT
    Fuck these nanny-staters.
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    Jan 31, 2012 3:11 PM GMT
    lol, the guy is charging money for services. So riddler, are you good with just anyone playing doctor and charging for it?

    PS North C is a red state.
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    Jan 31, 2012 3:28 PM GMT
    If you take everything you read as The Final Word On A Subject, you should NOT be allowed in public.
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    Jan 31, 2012 3:31 PM GMT
    meninlove said lol, the guy is charging money for services. So riddler, are you good with just anyone playing doctor and charging for it?

    PS North C is a red state.



    I noticed the same thing. Almost the entire article he is discussing the free advice he is offering on diet and type 2 diabetes and that the state is trying to take away his ability to do that. It is only at the very end that he admits he is charging a fee for some of his services. I think that would be illegal in a lot of states.
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    Jan 31, 2012 3:32 PM GMT
    meninlove said lol, the guy is charging money for services. So riddler, are you good with just anyone playing doctor and charging for it?

    PS North C is a red state.


    Are they calling themselves a "doctor"?

    And it doesn't matter if it's a "red" state or what letter is in front of someone's name. Policies either lean liberal or conservative, right or left regardless of a political party -- this policy would be the kind that exists in a liberal utopia.
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    Jan 31, 2012 3:39 PM GMT
    Haaretz saidYay Tea Party!!


    ^ Yay morons? ^
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    Jan 31, 2012 3:39 PM GMT
    Sure he can't act like a dietitian and charge a fee for his services until and unless he discloses that to his customers explicitly and they still choose to pay for his services.
    But I think the board has more problem with him not paying for a license so they are missing a cut of the money he might be making.
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    Jan 31, 2012 3:43 PM GMT
    Iceblink said
    meninlove said lol, the guy is charging money for services. So riddler, are you good with just anyone playing doctor and charging for it?

    PS North C is a red state.



    I noticed the same thing. Almost the entire article he is discussing the free advice he is offering on diet and type 2 diabetes and that the state is trying to take away his ability to do that. It is only at the very end that he admits he is charging a fee for some of his services. I think that would be illegal in a lot of states.




    ...and in a lot of countries.
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    Jan 31, 2012 3:44 PM GMT
    asnextdoor saidSure he can't act like a dietitian and charge a fee for his services until and unless he discloses that to his customers explicitly and they still choose to pay for his services.
    But I think the board has more problem with him not paying for a license so they are missing a cut of the money he might be making.



    His disclaimer was tucked into the back of his menu. The State board made him put his disclaimer up front, darn it!


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    Jan 31, 2012 4:27 PM GMT
    asnextdoor saidSure he can't act like a dietitian and charge a fee for his services until and unless he discloses that to his customers explicitly and they still choose to pay for his services.
    But I think the board has more problem with him not paying for a license so they are missing a cut of the money he might be making.



    If it violates a state statute or a state agency/administration regulations and the law or regulation does not provide a policy concerning a disclaimer, a disclaimer does not matter- it won't provide you any remedy for violating the statute.
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    Jan 31, 2012 4:33 PM GMT
    mocktwinkie saidAnd it doesn't matter if it's a "red" state or what letter is in front of someone's name. Policies either lean liberal or conservative, right or left regardless of a political party -- this policy would be the kind that exists in a liberal utopia.

    But North Carolina is NOT a liberal utopia, and that's where this policy is being promulgated. To be a correct claim of "would be" you need to demonstrate the liberal utopias that have this policy in place. Here that place is a US Red State, not well identified with liberal inclinations at all. (For instance, last October the Republican Speaker of the NC House publicly called to "divide and conquer" welfare recipients. Nor is their Democratic Governor considered a flaming Liberal).

    And political parties ARE known for their liberal, moderate or conservative philosophies, it's an integral part of what defines and differentiates them. Therefore, if the Conservative State of North Carolina has brought this action, it's not clear to me how Liberals get the blame (or the credit) for it. Was there a recent coup in NC we don't know about yet?

    In fact, all States enact laws for certifying and licensing procedures concerning health related issues. And in turn establish boards like this one to enforce compliance, and appoint members to serve.

    Now whether or not this is a case of nitpicking and overreaching I can't say. I don't know the underlying NC law to make that determination. But this guy was making specific dietary recommendations, not merely discussing his personal experiences, as we might do on RJ. Plus he was charging for some of these services.

    But in a State where Liberals are in the minority, I fail to see their influence within this "liberal utopia" regarding his alleged violation of the law. Which has nothing to do with free speech, but rather with a regulated professional field.
  • nanidesukedo

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    Jan 31, 2012 6:31 PM GMT
    asnextdoor saidSure he can't act like a dietitian and charge a fee for his services until and unless he discloses that to his customers explicitly and they still choose to pay for his services.
    But I think the board has more problem with him not paying for a license so they are missing a cut of the money he might be making.


    That's where the dangerous part comes in...I'm of the particular mind that one shouldn't be giving and getting paid for advice on any health issue unless you are licensed and regulated - This is an issue of public health and safety. Doctors are licensed and regulated for a reason.... This isn't just selling some kitchen product or spiritual advice or whatever, it's selling information that people may be using in lieu of appropriate medical guidance.
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    Jan 31, 2012 6:35 PM GMT
    With his bad grammar and sentence structure, who'd take his advice on anything? Yeesh.

    That said, it's a blog. Seriously? Even if he is charging for certain things, that really is no different than these silly poor old people who send money to televangelists....
  • nanidesukedo

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    Jan 31, 2012 6:39 PM GMT
    RunintheCity saidWith his bad grammar and sentence structure, who'd take his advice on anything? Yeesh.

    That said, it's a blog. Seriously? Even if he is charging for certain things, that really is no different than these silly poor old people who send money to televangelists....


    Except that he's giving health advice and there is no regulation over whether or not he is of the appropriate education to be doing so.
  • coolarmydude

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    Jan 31, 2012 7:04 PM GMT
    And how many times have common folk talked bad about the federal food pyramid that was just changed within the last 2 years??

    I think the state of North Carolina is going too far with this. This is a 1st Amendment issue.

    I think the solution is as follows: Let people blog and air their opinions as they see fit, but allow the states to certify or offer an endorsement of the information, like you see by the American Heart Association in relation to foods that are good for the heart. Let people be steered by the state as they see fit, but in the end, people choose.
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    Jan 31, 2012 7:16 PM GMT
    nanidesukedo said
    RunintheCity saidWith his bad grammar and sentence structure, who'd take his advice on anything? Yeesh.

    That said, it's a blog. Seriously? Even if he is charging for certain things, that really is no different than these silly poor old people who send money to televangelists....


    Except that he's giving health advice and there is no regulation over whether or not he is of the appropriate education to be doing so.



    But, he was charging clients for the advice. And there is some regulation in North Carolina concerning non-licensed people giving dietetic/nutrion advice:

    http://www.ncbdn.org/images/uploads/GUIDELINE_A_6_1.pdf
  • nanidesukedo

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    Jan 31, 2012 7:26 PM GMT
    Iceblink said
    nanidesukedo said
    RunintheCity saidWith his bad grammar and sentence structure, who'd take his advice on anything? Yeesh.

    That said, it's a blog. Seriously? Even if he is charging for certain things, that really is no different than these silly poor old people who send money to televangelists....


    Except that he's giving health advice and there is no regulation over whether or not he is of the appropriate education to be doing so.



    But, he was charging clients for the advice. And there is some regulation in North Carolina concerning non-licensed people giving dietetic/nutrion advice:

    http://www.ncbdn.org/images/uploads/GUIDELINE_A_6_1.pdf


    Agreed..the biggest problem is a non-practitioner charging for services that they have no right to be offering.
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    Jan 31, 2012 7:29 PM GMT
    knowwonder saidIf you take everything you read as The Final Word On A Subject, you should NOT be allowed in public.



    That's the funny thing here about so many siding with the guy. Everything in the site of the link in the OP is only the words of the man involved in the case. It is not a story by a journalist who went and tried to interview the North Carolina Board of Dietetics/Nutrition to make sure there both sides were presented. It's one sided so we can only take the guy's word for it.
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    Jan 31, 2012 11:25 PM GMT
    Upon reading the guideline, it doesn't seem like there really is a problem.

    If the blogger makes a disclaimer along the lines of IANAL (I am not a lawyer) or in this case, "IANALD" (I am not a licensed dietician) and then publishes his thoughts on diet, he should be in the clear.

    I may have missed it, but I do not believe that there is any criminal penalty assessable for what the blogger did per the quoted NC Statute.

    On the surface though, if NC dietician's board is going to go after anyone who blogs a bit of nutritional info or even the usual 10lbs of "BroScience" on nutrition... that would seem a bit draconian especially if they were out to sue for some sort of remedy.
  • musclmed

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    Jan 31, 2012 11:49 PM GMT
    AlphaTrigger saidUpon reading the guideline, it doesn't seem like there really is a problem.

    If the blogger makes a disclaimer along the lines of IANAL (I am not a lawyer) or in this case, "IANALD" (I am not a licensed dietician) and then publishes his thoughts on diet, he should be in the clear.

    I may have missed it, but I do not believe that there is any criminal penalty assessable for what the blogger did per the quoted NC Statute.

    On the surface though, if NC dietician's board is going to go after anyone who blogs a bit of nutritional info or even the usual 10lbs of "BroScience" on nutrition... that would seem a bit draconian especially if they were out to sue for some sort of remedy.


    In California the laws are strict "the unlicensed practice of medicine" cannot be cloaked in other activities.

    I am not sure if the reach of North Carolina goes to the INTERNET.

    However in California we have a few licensed Nutritionist's who think they are MD'S by giving medical advice and trying to treat disease such as Kidney failure, Hepatitis through IV Vitamins.

    Simply if he is charging for services, its not a blog. And not FREE SPEECH.



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    Feb 01, 2012 12:06 AM GMT
    Can he have the site hosted in a different state where this law doesn't apply?

    This whole situation is just stupid. He should not be charging for his services.

    But it does make me wonder - I have started a blog talking about my weight loss journey - and I am sharing recipes that I find. I am not claiming to be an expert or anything. I am just sharing about my life for my friends and family to read. I hope I don't get in trouble because of something like this situation.

    Although, if I did, I would either remove my site, or would probably be happy obtaining a license to give advice like this because it interests me now.

  • musclmed

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    Feb 01, 2012 12:09 AM GMT
    onaquest saidCan he have the site hosted in a different state where this law doesn't apply?


    No one would mistake this site for the one in the article. No one is setting up a sole practice and charging for individual information is not happening AFAIK.

    If you read the posts , he does not really care about the law " said did not read it"

    If it were a chronicle of his problems and what he did that is one story. But giving individualized consultation is another. He even has levels of "support" through different packages.

    I generally lean LIBERTARIAN but Dr Paul would probably agree the government has a interest in protecting citizens.

    If he wants to give dietary advice and make money, he should go to school.

    It is questionable whether North Carolina has jurisdiction over him. How do they know he blogs from North Carolina? The servers can be mirrored anywhere?
    He may have a legal loophole. This is more of a lawyers issue.