Here we go; once again.the Registered Dieticians are trying to monopolize the industry by introducing a Practice Act that would outlaw anyone (who is not and RD) from talking to you about nutrition. Imagine me, Keith, or Kim being handcuffed and jailed for writing this newsletter, answering your questions, or designing a dietary program for you. Seems like a joke, right? Well it is not! In Florida, a naturopath/health food store owner was handcuffed and jailed for practicing nutritional counseling. In Ohio, a nutritionist with a PhD was subjected to intrusive, lengthy, hostile investigations and forced to spend tens of thousands of dollars in legal fees. This Practice Act has been passed in 12 states, is Texas next?
On February 20, 2007 Registered Dieticians from all over the state of Texas descended upon Austin in busloads to lobby the State Legislature to pass a law that will allow only Registered Dietitians to practice nutritional counseling in Texas. This law would put all other Nutritionists out of business and close the doors of many nutritional counseling centers throughout the state. If this law passes, it will cause undue economic hardship by putting many qualified individuals out of work that have spent their lives legally practicing nutrition in the State of Texas. If you want nutritional services in the future you will not be allowed to be counseled by a CN, CCN, Clinical Nutritionist, Homeopath, Nutritionist, personal trainer, PhD in nutrition or anyone other than a Registered Dietitian.
I've read the RDs Practice Act countless times over and over again. It blows my mind how on one had this group is outwardly committed to America's health and the obesity epidemic while on the other hand, they're trying to pass a law that could stop many people from getting the health care they so desperately need. Before I continue, please understand that my intention is not to attack the Registered Dieticians. I want to share this information with you because I disagree with the message that is being sent to the food industry, the medical community, law makers and the public. On June 20, 1999, a Licensed Dietitian Act came across the desk of our then governor Bush; here is what he had to say:
"I George W. Bush, Governor of Texas, do hereby veto [the bill] because [it would] require the licensure of persons who merely give nutritional counseling, inappropriately extending governmental regulatory control to those who simply give advice about good nutrition."
This marks the seventh time this bill has been presented to legislatures. If it was a bad bill in 1999, 2001, 2003, and 2005 why would it be a "good" bill now? Here are a few key points to the RDs Practice Act to help you understand how this bill can affect your rights as a Texan.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of the practice of
1-3 dietetics and nutrition care services.
In this case, "An Act" refers to a practice act initiated by the Registered Dieticians to prohibit "unqualified" individuals from calling themselves a Registered Dietician AND from practicing the profession unless they hold the designation of a Registered Dietitian.
Registered Dieticians are licensed and regulated by a governing body much like doctors. Of course, it makes perfect sense to make it illegal for someone to "claim" to be a Registered Dietician if he/she is not licensed or registered with the state. However, there are many individuals who are qualified to practice nutrition who do not possess the title of Registered Dietician. Many RDs work in hospitals administering enteral, and parenteral feedings to patients who have severe medical issues and complex nutritional needs that are life threatening. Therefore, they should be regulated. Outside of a hospital (in private practice) Nutritionists, CNs, CCNs, Homeopaths etc. are not allowed and choose not to incorporate those techniques with clients therefore, should not require such regulation.
What exactly does "qualified" mean? RDs were not licensed before 1983, so does that mean that they were "unqualified" before they obtained state licensing? Wouldn't 10, 20, and 30 years of clinical "experience" add up as a good qualification? What about a person with a PhD in nutrition? I'd certainly call that well qualified wouldn't you? Why do the Registered Dieticians suggest that they and they alone possess the knowledge to practice nutrition? After all, don't they get medical knowledge, terminology and common practice information from books that were written by people who are not Dieticians?
The 1983 Dietetic Practice Act states within paragraph 3 c that one can practice nutrition so long as he/she does not give out harmful nor misleading advice. If there is already a law in place to protect consumers, why outlaw Nutritionists? If no lawsuits have been brought against Nutritionists, CN's, CCN's and CNS Nutritionists within the state of Texas within the last 10 years, why would a law need to be enacted to protect consumers? Doesn't the consumer protection agency already give protection? Of course, there are bad apples in every bunch. But there are also bad doctors, dentists, dieticians and nutritionists. Does it make sense to throw out the entire bunch because one is bad? If that's the case, then let's outlaw all doctors from practicing since there are more lawsuits brought against them every year than against nutritionists!
1-9 SECTION 2. Section 701.002, Occupations Code, is amended by
1-10 amending Subdivisions (3), (4), (6), and (8) and adding Subdivision
1-11 (7-a) to read as follows:
1-12 (3) "Dietetics and nutrition care services" means the
1-13 integration and application of [professional discipline of
1-14 applying and integrating] scientific principles of food,
1-15 nutrition, biochemistry, physiology, management, and behavioral
1-16 and social sciences [under different health, social, cultural,
1-17 physical, psychological, and economic conditions for the proper
1-18 nourishment, care, and education of an individual or group
1-19 throughout the life cycle] to achieve, [and] maintain, and restore
1-20 human health[. The term includes the development, management, and
1-21 provision of nutrition services].
I attended a major university and completed the ADA Accredited Didactic Program in Dietetics. I studied Nutrition for a total of six years and took every single one of the classes listed above and then some! Under the new legislation, I would be considered "unqualified" even though I have the exact same education as RDs and 8 years of clinical practice. I specifically chose a non-Dietician career because I found the information to be dated. The text books that were used in classrooms were anywhere from 2-4 years out of date. Not to mention, once I started to practice Nutrition I found that most of what I learned in school provided me with basic information but it most certainly did not make me a better counselor!
2-20 (8) "Practice of dietetics and nutrition care
2-21 ["Nutrition] services" includes [means]:
2-22 (A) assessing the nutritional needs of an
2-23 individual or group based on biochemical, anthropometric,
2-24 physical, and dietary data, [and] determining constraints and
2-25 resources to meet the nutritional needs of the individual or group,
2-26 and recommending proper nutrition intervention to satisfy those
2-27 needs, including oral, enteral, and parenteral nutrition
3-1 interventions [in the practice];
3-2 (B) establishing priorities, objectives, and
3-3 goals that meet the nutritional needs of the individual or group
3-4 based on [and are consistent with] constraints and available
3-5 resources;
3-6 (C) providing nutrition education or counseling
3-7 in health and disease;
3-8 (D) developing, implementing, and managing a
3-9 nutrition [nutritional] care system [systems]; [or]
3-10 (E) evaluating, adjusting [changing], and
3-11 maintaining appropriate quality standards in dietetics [food] and
3-12 nutrition [nutritional] care services; and
3-13 (F) providing nutrition therapy.
I understand that protecting the public is the main goal of the RDs Practice Act. If an individual is trained to correctly assess a patient and doesn't give harmful of misleading information, wouldn't that person be qualified to practice dietetics and provide nutrition care?
3-23 Sec. 701.004. APPLICATION OF CHAPTER. (a) This chapter
3-24 does not apply to a person who does not violate Section 701.251(b)
3-25 or (c) and is:
3-26 (1) a retailer that furnishes free oral or written
3-27 general nutrition information to a customer on food, food
4-1 materials, dietary supplements, and other goods sold at the
4-2 retailer's establishment in connection with the marketing and
4-3 distribution of those goods at the retailer's establishment, if the
4-4 information does not violate Section 101.201;
4-5 (2) a person that furnishes free oral or written
4-6 nutrition information on food, food materials, or dietary
4-7 supplements, if the information does not violate Section 101.201;
The Practice Act allows for anyone to do nutritional counseling for free, but not for a fee. That makes no sense what so ever! Basically the RDs don't care who counsels other people so long as they don't charge for it! But, if anyone who is not an RD charges someone for nutritional counseling to then they are breaking the law. If the RDs were interested in protecting you, then wouldn't they be concerned with who is providing information and the quality of information that was being provided? Isn't that the whole purpose of the Practice Act?
4-8 (3) a person engaged in the practice of the tenets of
4-9 any religion, sect, or denomination;
Ministers are permitted to perform non-invasive natural healing, including nutritional and lifestyle counseling, the use of herbs and the laying on of hands. The Dietitian's Practice Act, is worded such that it will continue to allow the fundamental right of ministers to do so as in the constitution. When did talking about food become illegal? What about your rights and the freedom of choice as stated in the constitution? Wouldn't you like to determine who is qualified to meet your nutritional needs instead of the state?
4-10 (4) a person who freely disseminates information,
4-11 conducts a class or seminar, or gives a speech related to dietetics
4-12 and nutrition care services, if the person does not violate Section
4-13 101.201;
Nutritional information is nutritional information. What difference does it make whether it is free or not? How would you feel about the quality of information that was free versus information from a paid professional?
4-14 (5) a licensed health care professional practicing
4-15 within the authorized scope of the person's license;
Doctors are licensed health professionals, but have less than 6 hrs of their medical studies in nutrition. I can't tell you how many doctors have recommended the Adkins diet or the Methodist plan to their patients without fully understanding the long term impact those programs can have on their patients. How many of you have talked to your doctor about high cholesterol, or high blood pressure? Were they quick to give you nutritional advice or were they quick to write you a prescription? Doctors are good at what they do, but when it comes to nutrition, vitamins, supplements and prevention they are not the authority.
4-16 (6) a student or trainee working under the direct
4-17 supervision of a licensed dietitian for a limited period as
4-18 determined by the dietitians board, while fulfilling an experience
4-19 requirement or pursuing a course of study to meet requirements for a
4-20 license under this chapter;
4-21 (7) a person assisting in the practice of dietetics
4-22 and nutrition care services under the direct supervision of a
4-23 licensed dietitian and performing only support activities; or
4-24 (8) a person providing a program of weight control
4-25 services if the program has been reviewed by, consultation is
4-26 available from, and no program change can be initiated without
4-27 prior approval of:
5-1 (A) a licensed dietitian;
5-2 (B) a dietitian licensed in another state that
5-3 has licensing requirements that are at least as stringent as the
5-4 requirements under this chapter;
5-5 (C) a dietitian registered by the Commission on
5-6 Dietetic Registration; or
5-7 (D) a licensed physician.
This Practice Act exempts places like Weight Watchers, Jenny Craig, Curves, your local gym and various places that have "unqualified," people discussing nutrition. So the program can be created by an RD, but the counselors themselves do not have to be "qualified" to discuss nutrition. If housewives with no background in nutrition, high school graduates and those who have no prior training are allowed to give nutritional advice, why can't a Nutritionists, CNs, CCNs, etc. that actually have studies and experience in nutritional counseling?
5-8 (b) This chapter does not apply to a dietitian or
5-9 nutritionist serving in the United States armed forces or the
5-10 United States Public Health Service or employed by the Department
5-11 of Veterans Affairs when performing duties associated with that
5-12 service or employment.
5-13 (c) This chapter does not apply to a dietitian or
5-14 nutritionist employed by the state or a political subdivision of
5-15 this state, including a school district, who is acting solely
5-16 within the scope of the person's employment.
Why would an "unqualified" individual be acceptable for those who work for the government, but not worthy of others who are in need of nutritional counseling. With the obesity epidemic in full force, why reduce the number of qualified nutritional counselors within the State of Texas? If hospitals, schools and cafeterias serve some of the unhealthiest foods to their patients and RDs design that food, are they really the best at what they do?
6-9 SECTION 8. Section 701.251(b), Occupations Code, is amended
6-10 to read as follows:
6-11 (b) Unless the person holds a [an appropriate] license
6-12 issued under this chapter, a person may not:
6-13 (1) use the title or represent or imply that the person
6-14 has the title "dietitian," "licensed dietitian," "licensed
6-15 dietitian and nutritionist," "nutritionist," "nutrition
6-16 therapist," or "licensed nutritionist" or ["provisional licensed
6-17 dietitian" or] use the letters "LD," "LDN," "LNT," or "LN" [or
6-18 "PLD"]; [or]
6-19 (2) use a facsimile of those titles to indicate or
6-20 imply that the person is a dietitian, licensed dietitian, licensed
6-21 dietitian and nutritionist, nutritionist, nutrition therapist, or
6-22 licensed nutritionist [or provisional licensed dietitian]; or
6-23 (3) engage in the practice of dietetics and nutrition
6-24 care services for compensation.
If the designation of RD is deemed to be the highest of all those who practice nutrition, then why would they need to claim the titles of those listed above?
7-16 Sec. 701.254. QUALIFICATIONS FOR EXAMINATION. To qualify
7-17 for the licensing examination under this chapter, an applicant
7-18 must:
7-19 (1) possess a baccalaureate or post baccalaureate
7-20 degree, conferred by a college or university regionally accredited
7-21 at the time of conferral, with:
7-22 (A) a major course of study in human nutrition,
7-23 food and nutrition, nutrition education, dietetics, nutrition
7-24 science, or food systems management accredited by the Commission on
7-25 Accreditation for Dietetics Education; or
7-26 (B) an equivalent major course of study approved
7-27 by the dietitians board; and
8-1 (2) have completed an internship or supervised
8-2 practice accredited by the Commission on Accreditation for
8-3 Dietetics Education or a preplanned, documented, professional
8-4 experience program in dietetics practice of not less than 900 hours
8-5 under the supervision of a licensed dietitian or a registered
8-6 dietitian approved by the board.
If one were to have all of the academic knowledge an have completed more than 900 hrs of supervised practice under the direction of a MD, CN, CCN or Nutritionist, would he/she not be qualified? To protect the public, shouldn't they include other groups like the CCN's, CN's, CNS's, etc. which have boards, licensing and have to take courses every year for continuing education? These are responsible groups of practitioners that have been practicing nutritional counseling since before 1983.
Thousands of unlicensed Texas citizens are currently giving nutritional counseling and advice to those who seek it from them. It should not be a crime for them to continue to do so. Passage of this bill would protect the dietitians more than the public.
It would place the registered dietitians in control and set the stage for their monopoly, driving many competent professional nutritionists out of business. This bill would be overseen by the medical profession, which for the most part knows and practices even less individualized nutrition than the Dietitians.
To my knowledge there is no harm being done to the public as things stand now. In the face of ever-increasing interest in health maintenance as a way to prevent trips to the doctor, the average Joe at present has lots of choices to suit all ranges of commitment and finances. This is important. The availability of choice is important.
We have been fighting this battle for the better part of 10 years, and this time the RDs are not messing around. In the past they've only had one lobbyist and now they have three working around the clock! If there were ever a time this bill would be passed. now it that time. This is why we and so many other qualified and professional counselors need your help. Acting now could stop a law from passing which would deny you the right to seek alternative nutritional counseling in Texas from someone other than a Registered Dietitian.
In the past, we have stopped every bill they have put before the Health Senate Committee by Nutritionists, CNs, CCNs, Homeopaths and others conducting strong email campaigns, phone calls and letters. That is where you come in. Please tell your co-workers, friends, family and neighbors who want the right to choose whom they want for alternative health care. House Bill 2419 & Senate Bill 1168 are going before committee within the next few weeks. This bill will be voted on in MAY and if it passes the law will take effect in SEPTEMBER! Time is critical! Act now! Please take 5 minutes of your day to read the rest of this email and click on the link below.
Simply fill in the requested information and your opinion in the text box. Just click send and it'll go directly to your representatives and make a huge difference. Your opinion does matter. Please don't leave it up to someone else to make your choices for you.
Link: www.iaacn.org/actions/pnum588.asp
Thanks so much for all your help, effort and time. | 
