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from the dietetics-dianetics,-what's-the-difference dept.
The judge noted that the "health coach" was free to offer pro bono advice.
A federal court on Wednesday rejected claims by an unlicensed "health coach" that the unqualified health advice she provided to paying clients was protected speech under the First Amendment.
In rejecting her claim, the court affirmed that states do indeed have the right to require that anyone charging for health and medical services - in this case, dietetics and nutrition advice - be qualified and licensed. (State laws governing who can offer personalized nutrition services vary considerably, however.)
Heather Del Castillo, a "holistic health coach" based in Florida, brought the case in October of 2017 shortly after she was busted in an undercover investigation by the state health department. At the time, Del Castillo was running a health-coaching business called Constitution Nutrition, which offered a personalized, six-month health and dietary program. The program involved 13 in-home consulting sessions, 12 of which cost $95 each.
Under a Florida state law called the Dietetics and Nutrition Practice Act (DNPA), anyone offering such services needs to be qualified and licensed to protect against bogus advice that could cause significant harms. Those qualifications include having a bachelor's or graduate degree in a relevant field, such as nutrition, from an accredited institution; having at least 900 hours of education or experience approved by the state's Board of Medicine; and passing the state's licensing exam.
Del Castillo had completed none of those things. Her only credential for providing health services was a certificate from an unaccredited, for-profit online school called the Institution for Integrative Nutrition. Otherwise, she had a bachelor's degree in geography and a master's in education. [...]
(Score: 1, Funny) by Anonymous Coward on Monday July 22 2019, @02:01AM (7 children)
This is the end of free speech, homeopathy, and Dianetics! No more Horticulture for Americans! SJWs will now force us to use their "science/evidence-based" medicine, and ignore our own ignorant preferences!
(Score: 1, Insightful) by Anonymous Coward on Monday July 22 2019, @02:05AM (2 children)
You know what it's not the end of? $1,140.
(Score: 0) by Anonymous Coward on Monday July 22 2019, @02:23AM (1 child)
She does have a Masters in Education . . . Lesson would be cheap at twice the price!
(Score: 0) by Anonymous Coward on Monday July 22 2019, @07:36AM
Wait, not a MA or an MS, but a MEd? A med degree? Whoa! Where's exaeta? The court got the whole thing wrong!
(Score: 2) by black6host on Monday July 22 2019, @02:13AM (2 children)
Well, Dianetics can go fuck itself, no worries. Dietetics on the other hand is perhaps not a bad thing. Especially given the licensing requirements.
(Score: 0) by Anonymous Coward on Monday July 22 2019, @01:37PM (1 child)
It's pretty bad, the research basis is garbage and when I've sought specific dietary advice, none of it was actionable. Unfortunately getting unlicensed advice is even worse.
(Score: 2) by Joe Desertrat on Monday July 22 2019, @09:30PM
Exactly. They invariably tell us we should give up alcoholic beverages.
(Score: 2) by ikanreed on Monday July 22 2019, @12:56PM
That's an unfair comparison, homeopathy and dianetics have much bigger lobbying budgets than backyard "health experts" or the concept of free speech. They're still safe.