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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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I want to put together homeopathic supplemental and diet

Customer Question

I want to put together homeopathic supplemental and diet plans for clients... is this technically medical advice and can I be sued for practicing without a license in Pennsylvania if I charge for OTC supplement advice / plans and diet plans if I have a waiver?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including extensive experience in the regulation of health care professionals. I hope to provide you information that will help you in resolving your question.

I am very familiar with the Pennsylvania Medical Practice Act and the other related practice acts.

Pennsylvania does regulate dietitians and nutritionists. You can find the regulations here:

http://www.pacode.com/secure/data/049/chapter21/subchapgtoc.html

The regulations fall under the State Board of Nursing pursuant to 63 P. S. § § 212(k) and 221(c)

The law though is what is called a "titling act." It does not prohibit unlicensed persons from providing nutritional counseling Rather it prohibits persons from calling themselves dietitians or nutritionists if they do not possess the license.

The sale of dietary supplements, and dietary plans are not covered by PA law. A person may market and sell such products and services so long as you:

Do not hold yourself out as diagnosing or treating any specific medical condition or disease;

Do not hold yourself out as a physician or other licensed health care professional, including holding yourself out as a dietitian or nutritional counselor.

You can find the Act and regulations of each licensed profession here:

http://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/Pages/default.aspx#.VkKUDfmrTIU

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald, Esq replied 1 year ago.

The following link will help you discover the laws of each state taht may apply to what you wish to do. It is a helpful guide:

http://www.nutritionadvocacy.org/laws-state

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)