CERTIFIED SPECIALIST COURSES Pre-Training Lesson #2

Transcription

1 CERTIFIED SPECIALIST COURSES Pre-Training Lesson #2 HOW TO STAY WITHIN YOUR SCOPE OF PRACTICE AS A TRANSFORMATIONAL NUTRITION COACH Introduction As you embark on this journey of being a Transformational Nutrition Coach and/or a Certified Specialist, there are some considerations you need to be aware of in order to practice safely and protect your business. You will have access to and be trained in in-depth concepts that can truly transform your clients health and lives. These concepts are very powerful. And as they say, with great power comes great responsibility. It s important that you fully understand your scope of practice and the do s and don ts of coaching so you can set yourself and your clients up for success. In this training, I m going to share with you some background on coaching regulations and nutrition laws, discuss what a Transformational Nutrition Coach and/or a Certified Specialist is, and define the scope of practice for each. Then, we will move on to the do s and don ts of coaching, discuss personal accountability on the part of your client, and wrap up with a legal checklist so you are fully prepared to embark on your new coaching journey. Legal Disclaimer The contents of this training are for informational purposes only and not for the purpose of providing legal advice. This training should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter. The comments and opinions expressed in this training are of the individual author and may not reflect the opinions of the Institute or it s employees or affiliates. Let s get started!! At the Institute of Transformational Nutrition, we are bringing credibility and confidence back to coaching by elevating our coaches to a whole new level with the Transformational Nutrition Model. Background on Coaching Regulations These days there are numerous people claiming to be coaches. There are pop-up schools appearing overnight with little to no accreditations and some of them aren t even operating legally. Nutrition coaching is a big business and it s growing more and more each day. Unfortunately, not everyone understands the scope of practice of coaches and they can draw unwanted attention and legal repercussions for this entire industry. That s why this training is so important. At the Institute of Transformational Nutrition, we are bringing credibility and confidence back to coaching by elevating our coaches to a whole new level with the Transformational Nutrition Model the world s first and only TRANSFORMATIONAL NUTRITION MODEL Institute of Transformational Nutrition, Inc. transformationalnutrition.com Page 1

2 personalized coaching nutrition system. This model is very powerful and it s critical that you fully understand how to stay in the legal boundaries while using it. It s also important that you understand the background on regulations for nutrition coaching. Many people, specifically registered dieticians (RDs) and the Academy of Nutrition and Dietetics (formerly the American Dietetics Association) want to limit the use of the word nutritionist as well as the practice of nutrition science to RDs. They have been and continue to fight against anyone else practicing nutrition or using the title of nutritionist unless they are an RD. Clearly there are issues with this initiative. Not only does it limit a consumer s right to choose, it also restricts the entire field of nutrition to one single nutrition philosophy and creates a monopoly on the practice of nutrition, which would raise the cost of health care. It s clear that this group has only their best interests in mind and that they want to create a competitive advantage in the marketplace, create exclusive access to insurance reimbursement, and elevate their own reputation in the industry. That being said, it s also important to note that not all registered dietitians feel this way nor do they participate in these actions. There are many wonderful RDs doing great work in the world. And even those RDs who do support these exclusionary laws aren t always fully educated on what that would mean for coaches, patients or clients, and the industry as a whole. At ITN, we believe that regulation has a role, but it should be applied in a way that optimizes the health of our society, not the interests of one subset of providers. There are many people fighting for the rights of coaches and other wellness providers including the Center for Nutrition Advocacy and the National Association of Nutrition Professionals (NANP). At ITN, we fight for your rights as well and stay up to date on all new legislation around nutrition coaching, participate regularly in meetings and town halls, and regularly contact senators and other government officials to educate them on what Transformational Nutrition Coaches do and why it s so critically important. The practice of nutrition is governed by each state in the United States individually. If you reside in the United States, the easiest way to see the laws regarding nutrition in your state is to visit They do a wonderful job of keeping up to date on all the regulations for each state and you ll be able to see, at a glance, what is acceptable and what is not. The website breaks down the laws in each state by four colors red, orange, yellow, and green. They are: Red: It is illegal to perform individualized nutrition counseling unless licensed or exempt. Effectively only RDs are eligible for licensure. Orange: It is illegal to perform individualized nutrition counseling unless licensed or exempt. There is a non-rd pathway for licensure. Check for exemptions. Yellow: It is legal for all to perform individualized nutrition counseling. Effectively, only RDs are eligible for state recognition. Green: It is legal for all to perform individualized nutrition counseling. There s also detailed information on each state s laws. Here s what is important for you to remember as you view the information for each state these laws are for nutritionists or anyone using that title. You are a coach and that should be the title you use. TRANSFORMATIONAL NUTRITION MODEL Institute of Transformational Nutrition, Inc. transformationalnutrition.com Page 2

3 In addition, a state may require licensing that is specific to the role of a nutritionist. This licensing is not relevant to coaches, which allows you a lot of freedom as long as you are following a very simple set of rules. Please check your state to see if licensing is required and what you can and can t do as a resident of that state.! And don t be alarmed. As I said before, even if your state is red there is a lot of freedom to what you can do as a coach. And don t be alarmed. As I said before, even if your state is red there is a lot of freedom to what you can do as a coach. You just have to know how to do it. That s what I m sharing in this training. Even states that define and regulate the practice of nutrition contain numerous exemptions for non-licensed providers such as coaches. If you live outside of the United States, check with your local government to fully understand the laws that may be in place for individuals in the nutrition field. Before I share how to avoid any complications and make sure that you stay within your scope of practice, I want to review some of the problems with the laws that have been established in the individual states in the US. The Problem with Laws First of all, there is no one size fits all interpretation of all the states dietetic practice laws. Since each state makes its own laws, the definitions and meanings of these laws can and do vary. Second, the enforcement of dietetics laws by states invite serious legal challenges. The Supreme Court recently held that state licensing boards are liable for anticompetitive actions under the Sherman Antitrust Act when they are made up of active market participants who use the power of the state to force out competition and protect their own financial interests. When you examine this from the perspective of Coaches who do not hold themselves out as licensed professionals, these state dietetics licensing schemes impose censorship on speech. Essentially, by establishing that Coaches can t provide nutrition, health, and wellness information and guidance, they are inviting First Amendment challenges. Since 2011, no new dietetic practice laws have been established despite multiple efforts by the Academy of Nutrition and Dietetics. Supported bills failed in 11 states, and on July 1, 2014, the governor of Michigan signed a bill that repealed their restrictive laws. And maybe most famously of all, North Carolina enacted legislation that allows people such as bloggers, coaches, and educators to provide dietary, weight loss, and nutritional advice. We are seeing a shift in the thinking around nutrition laws as well as in the laws themselves and we fully expect this to continue. And we re not alone. Numerous media outlets ranging from Forbes to the New York Times have all spoken out regarding the motivations and legality of dietetic licensure laws. TRANSFORMATIONAL NUTRITION MODEL Institute of Transformational Nutrition, Inc. transformationalnutrition.com Page 3

4 What Is a Transformational Nutrition Coach and/or a Certified Specialist? In order to fully understand what your role is and how to stay within the legal boundaries as a Transformational Nutrition Coach and/or a Certified Specialist, let s take a look at what Transformational Nutrition Coaching is and what your role is as a Coach. Transformational Nutrition Coaching is a process of co-creation where the Transformational Nutrition Coach educates on health, wellness, and transformation topics while allowing the client to select the course of action(s) that will best suit their goals of health and wellness. The Transformational Nutrition Coach then supports the client by continuing to educate, motivate, encourage, and support them on making positive health choices. The Coach empowers clients to take personal responsibility for their own health and lifestyle choices. Whether you re a Certified Transformational Nutrition Coach (CTNC) or a Certified Specialist through the Institute of Transformational Nutrition, this role is the same. So let s examine this role a bit more closely. Transformational Nutrition Coaches are responsible for three things: 1. Educating Your role is to educate your clients so that they can make their own decisions regarding their health. 2. Supporting Your role is to support your clients through continued education, empathy, and connection. You are their biggest cheerleader, letting them know that they are seen, heard, and matter. 3. Empowering Your role is to empower your clients to make their own decisions instead of making those decisions for them. Transformational Nutrition Coaching puts the emphasis back on empowerment for the client, helping them to understand that it s their responsibility to overcome their own health concerns. The Importance of Personal Accountability As you can see, there is a lot of emphasis placed on empowering clients, which allows for personal accountability. In a world where blaming others and passing the buck is the norm, this approach is a refreshing alternative. When clients make their own choices in regards to food and lifestyle, they are more empowered. Not only do they realize the power they have when it comes to health and transformation but they realize the power they have in all aspects of their life. This empowerment will enable them to achieve optimal health mind, body, and spirit. They are embracing personal accountability. When people become personally accountable for their own health, what s created is a world of people who no longer suffer from diseases and conditions that are a result of poor choices influenced by a lack of education. The burden from our health care systems across the globe will be unprecedented. You can see how this approach will truly change the world. The Scope of Practice of a Transformational Nutrition Coach and/or a Certified Specialist Let s examine the scope of practice for a Transformational Nutrition Coach and/or a Certified Specialist. These individuals educate, support, and empower individuals, families, and groups. They provide specialized knowledge and skills so their clients can set their own goals and make their own choices thereby creating sustainable change. Transformational Nutrition Coaching is a client-driven experience and not a patient/client relationship. The Do s and Don ts of a Transformational Nutrition Coach and/or a Certified Specialist Let s review the specific dos and don ts of coaching to make your scope of practice even more clear. TRANSFORMATIONAL NUTRITION MODEL Institute of Transformational Nutrition, Inc. transformationalnutrition.com Page 4

5 Transformational Nutrition Coach and/or a Certified Specialist Do Ask their clients what they want to change and allows their clients to set their own goals Educate their clients on topics related to health, wellness, and transformation Support and motivate their clients in managing their own health with educational resources Empower their clients to become personally accountable for their own health Asks questions of the clients to help initiate thought and clarity Connect and work with healthcare providers in a supportive role to their clients Connect their clients to medical resources such as groups like American Autoimmune Related Diseases Association, Overeaters Anonymous, and other beneficial resources Transformational Nutrition Coach and/or a Certified Specialist Don t Tell their clients what changes to make Provide medical advice Diagnose, treat, cure, or heal any disease or condition Make recommendations or give advice of any kind Recommend or tell a client to take supplements or to follow a particular diet Run tests or interpret results Use all or nothing statements. Instead of will, use may, can, or might Make claims without a scientific basis! As you can see, verbiage is the easiest way to ensure that you remain in safe waters. Simply think about how you are saying something before you say it, write it, or present it. The Importance of Verbiage One of the easiest ways to stay within your scope of practice and abide by any and all laws is to be aware of your verbiage. How you say things could mean all the difference in staying compliant and not. For example, instead of instructing, advising, or recommending, you should educate or share information instead. Rather than telling your client what goals they should have, allow them to make their own choices. Remember, you want to empower them, not tell them what to do. When it comes to supplementation or making specific recommendations, instead of saying, I recommend you take a Vitamin B supplement so you will have more energy, you could simply say, Studies have shown that B Vitamin supplements have been effective in increasing energy. Or, you could share information through previous success stories of clients. For example, you could say, I ve had many clients in the past who have increased their energy in a short period of time. Would you like to hear how they did it? This creates a situation where the client is asking you for information and you are then simply educating them. As you can see, verbiage is the easiest way to ensure that you remain in safe waters. Simply think about how you are saying something before you say it, write it, or present it. TRANSFORMATIONAL NUTRITION MODEL Institute of Transformational Nutrition, Inc. transformationalnutrition.com Page 5

6 For more examples of proper verbiage, please refer to the Suggested Verbiage for Transformational Nutrition Coaches Coaching Resource. Legal Checklist for Coaches In order to make it simple for you to ensure you are practicing within your scope and to protect yourself and your business, use the following checklist to set yourself up for success. 1. Be aware of your state or country s laws and follow them. 2. Hire a lawyer to create disclaimers, terms of service, a privacy policy, and client contracts. 3. Put disclaimers everywhere on your website, social media, handouts, guides, audios, videos, and more. 4. Define your role with your clients clearly from the beginning so there are no misunderstandings. 5. Market yourself correctly, with the appropriate title, and within your scope of practice. Conclusion Staying within your scope of practice and avoiding legal pitfalls doesn t have to be complicated. With simple steps, awareness, and forethought you can be a powerful coach who is changing lives and changing the world! TRANSFORMATIONAL NUTRITION MODEL Institute of Transformational Nutrition, Inc. transformationalnutrition.com Page 6