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    Weston A. Price

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    February 22, 2013

    Comments

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    You are SO blowing all this out of proportion!
    http://www.ncbdn.org/forms/guideline_a_for_unlicensed_non-exempt_persons/
    Download and read the PDF file. It's all there and is actually quite reasonable....

    Thank you for reading and for providing your comment. I reviewed the guideline and am familiar with the statute and administrative code. These offer me no reassurance.

    Seriously, seriously, have you heard of anybody being frivolously busted under this law?

    Think about it, the State doesn't have the resources to do what you are suggesting. If an individual "inspector" tried to create a personal agenda to do this, they would run afoul of their supervisors very quickly.

    One would think that in general, people are more reasonable than that.
    The way I see this, if you were to try to pass yourself off as a licensed dietitian and gave advice on such pretenses, you would be liable, and rightly so, just like practicing medicine without a license is illegal.
    BUT there too, if your kid or spouse was sick and you ministered to them to the best of your ability, is the Surgeon General going to charge you with practicing medicine without a license? I think not!
    They would commend you for your efforts, and be glad you tried to keep them out of the overloaded medical system.

    Actually, a blogger has already been prosecuted: http://www.carolinajournal.com/exclusives/display_exclusive.html?id=8992 Perhaps you might think that he crossed the line....personally, I do not. I feel as though this law is too broad and written in a way that anyone could be found guilty. If the AND wanted to put a stop to this blog....they could! Maybe they might not ever try, but the fact that they COULD do it per this law is frightening!

    People have been frivolously busted under this law. As a former government worker responsible for writing administrative rules, one who has helped legally defended government rules, and as a former environmental lobbyist who has helped take legal action against government over administrative and statutory legal problems (20 years experience), leaving a free speech issue like this legally dangling is unacceptable. Intent doesn't mean a hill of beans - people and intents change. What can be done or not done under the law is what counts.

    Finally, this isn't a typical state agency action issue. This is a dietetics board issue and they are motivated.

    From what I read about that blog, everything sounded pretty reasonable.
    I get that the guy had an experience with his diet that is contrary to what is accepted advice.
    I also get that he wants people to know about his experiences. This is good! He's taking charge of his own health, based on what he has learned.
    If the guy removes a statement he made, saying that he's not a licensed Dietitian, changes some wording and adds a disclaimer, he is good to go. No Big Deal.
    Doesn't sound like an attempt at frivolous prosecution to me.
    Sounds to me more like he's trying to set himself up to sound like a victim.

    Thank you again for the comments, Mike. Just keep in mind, though, that the issue is much bigger than this guy. He is the one who raised the profile, but he isn't the only one.

    The comments to this entry are closed.

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