Legal implications of nutritional consulting in California

¶ … legal implications of being a nutritional consultant in the state of California. While being a nutritional consultant is not a profession that most would equate with being related to problems with the law, there are times when the recommendations that nutritional consultants give their clients can result in adverse effects, making the nutritional consultant liable. Wilson's () book, Legal guidelines for unlicensed practitioners, discusses how one may practice holistic therapies without any type of legal implications. It is replete with an overview of how the legal system works, disclaimer forms and consent forms, as well as a discussion of problems related to licensing.

In the state of California, a nutritional consultant can assess signs of nutritional deficiency in an individual and recommend certain foods, supplements, and lifestyle changes -- for example walking, yoga, etc. Though a nutritionist or nutritional consultant may possess quite a bit of knowledge about anatomy and physiology, it is against the law for a nutritional consultant to diagnose symptoms of a disease and prescribe any type of medication for it (Harrison 2011). Wilson notes that this can sometimes be a very harry thing for nutritional consultants to deal with. This can be especially true if patients have "self-diagnosed" or if they are coming to a nutritionist after getting a diagnosis already from a physician. Wilson points out that it is necessary to understand that nutritional consultants are not doctors and that they cannot and must not claim to be able to cure a person of anything. The role of the nutritional consultant is only to give clients nutritional information that they feel would benefit them. A nutritional consultant can get into trouble with the law in California if they suggest that someone leaves their current doctor or that a person should stop taking the medication that was prescribed by his or her doctor. These rules are quite strict, but they are necessary in order to make sure that the nutritional consultant knows the boundaries of their profession and what it means in terms of the law and the legal implications that can go along with not abiding by the law.

Some of the precautions that can and must be taken are to have a "Client Statement" form, which is similar to a disclaimer (Harrison 2011). This client statement form gives the client a very clear reference that tells them that the nutritional consultant is not and never will be in the business of diagnosing anyone or curing anything. The nutritional consultant must have the client agree to and sign this form is imperative. The client should keep a copy for his or her own records and the nutritional consultant should keep one for his or her own records in case of a lawsuit. This kind of client statement is the best way for a nutritional consultant to tell the client very firmly that there are boundaries to the nutritional consultant's work (2011).

While it is important to have a client statement written down in writing, it is also important to make sure that what is directly related to the client through words is kept within the professional and legal boundaries of the nutritional consultant's job. Because of the fact that a nutritional consultant is not a doctor, he or she cannot diagnose any kind of disease or illness and cannot even try to guess what they might think it is. The fact of the matter is, according to Wilson, is that a nutritional consultant should not even really engage in conversation with a client who is discussing his or her doctor's diagnosis; it is too easy to say something that may be crossing the boundaries. A nutritional consultant can listen, but he or she must never talk about the doctor's diagnose or method of treatment. To do the opposite is to go against the very strict laws and could invite a lawsuit. It should be noted that agreeing or disagreeing with a doctor's diagnosis while in conversation with a client is out of boundaries because it can also be considered diagnosing (2011).