ACTION ALERT! Protect your access to health and nutrition information!

[Pat Robinson]

ACTION ALERT! <"Share">

Protect your access to health and nutrition information!   [Sign Petition.]
 

Health blogger, Steve Cooksey of Diabetes-Warrior, needs your help. Steve lives in North Carolina. So do I.

The North Carolina State Board of Dietetics (which falls under the ADA), which just added “Nutrition” to its title, is maneuvering to monopolize nutritional education.  The American Dietetic Association (ADA) would like to be the state authority of all nutrition information, in your state too!

The American Dietetic Association (ADA) is fearful of freedom of information - away from the (unhealthy) conventional government authorized Food Pyramid. If you look at their “My Plate” representation, you will see GMO-produce, GMO-grains, hormone-laden dairy.

We all understand that these products lead to increased disease, increased pharmaceutical prescriptions and increased dependence on the conventional medical paradigm. This vicious cycle of unhealthy food and illness is transparent.

 

Furthermore, the ADA receives funding from the pharmaceutical companies AND big food industries. The ADA receives about $1 million a year in payments from pharmaceutical companies, and allows pharmaceutical companies to market their controversial products at ADA events. ADA also receives payments from Coca-Cola, Hershey, the National Dairy Council, Mars, PepsiCo, and ..., though the organization won’t say exactly how much they receive from these candy and soft drink companies and industry associations. The ADA has a strong lobby working to control your access to nutrition information.

So, how can you help?   [Sign Petition.]

Well, Steve was diagnosed as an obese diabetic and started on insulin (blood glucose 700+). Steve was given the ADA Food Pyramid by the "hospital nutritionist". He chose to research alternative ways to manage his obesity and diabetes, instead. He embraced a low-carb, high-protein diet. And he continued his healing journey influenced by Mark’s Daily Apple and the Primal/Paleo diet. In 30 Days, Steve had weaned himself off all of his cholesterol, blood pressure and insulin medications. Yep, Steve was drug- and insulin-free within 30 days!

And Steve became evangelical about self-healing and personal accountability for your health. He created the Diabetes-Warrior blog… and the North Carolina Board of Dietetics heard about Steve’s website. [This could have been ME and Heal Thyself!]  

 

The head of the NC Board of Dietetics called Steve and told him he could not educate people about nutrition without their approval. They “investigated” his website and gave detailed complaints regarding Steve sharing information about healing himself without their Food Pyramid and their Pharmaceutical Drugs.

Their Complaint: Steve encouraged others to eat healthy, low-carb foods.

Now Steve is under threat of prosecution and 120-days of jail time, unless Steve quits answering questions about low-carb diets and helping diabetics to learn about nutrition on his Diabetes-Warrior blog. Steve has been told to quit “advising” people about how to get healthy without the NC Board of Dietetic’s approval - according to the ADA’s guidelines.  [Sign Petition.]

 

The NC Board of Dietetics is broadly interpreting the law to their monopolistic advantage, ignoring the actual law which protects freedom to share nutritional information.

Write to the NC Board of Dietetics ([e-mail]) and explain that this is a Freedom of Speech issue, protected by the First Amendment. Additionally, the NC Board of Dietetics in their megalomania has overlooked the limits to the actual N.C. General Statute listed below:

 

§ 90-368. Persons and practices not affected.

 The requirements of this Article shall not apply to:

 (9) A person who does not hold himself out to be a dietitian or nutritionist when that person furnishes nutrition information on food, food materials, or dietary supplements. This Article does not prohibit that person from making explanations to customers about foods or food products in connection with the marketing and distribution of these products.

 

(10) An herbalist or other person who does not hold himself out to be a dietitian or nutritionist when the person furnishes nonfraudulent specific nutritional information and counseling about the reported or historical use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, or other foods. (1991, c. 668, s. 1; 1995, c. 509, s. 135.2(s).)


Here are the names of the Board Members of the NC Board of Dietetics. Please copy your letter to the Governor of North Carolina, Bev Perdue, at [e-mail] also. The Governor is involved in appointments (and removal of board members) to the NC Board of Dietetics.

This is not the first time that the NC Board of Dietetics has bullied an individual to quit sharing nutrition information with the public. There is a national effort by the ADA to “own” nutrition and to monopolize the dissemination of health information based upon pharmaceutical-funded nutrition advice. Co-incidentally, Steve Cooksey has been reporting about the ADA being funded by Big Pharma, since February of 2011.

The alleged Mission of the NC Board of Dietetics is “to protect the health, safety, and welfare of the citizens of North Carolina from harmful nutrition practice”.  Although, they promote an outdated, ineffectual Food Pyramid which causes more diseases than it heals.
Conflict of interest?

Suppression of Free Speech?


[Sign Petition.]

HUNDREDS OF LETTERS to the NC Board of Dietetics will be the influencing factor to mind the law and not to suppress our Freedom of Speech to “furnish nutrition information on food, food materials, or dietary supplements” (section 9) and to “furnish nonfraudulent specific nutritional information and counseling about the reported or historical use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, or other foods” (section 10).



Send an email right NOW to let them know that the NC Board of Dietetics overstepped the limits of the law.

[e-mail]

[e-mail]

Politely request that they review the limits and boundaries of the law and the § 90-368: Persons and practices not affected, regarding sharing nutritional information with the public. The N.C. Board of Dietetics “Guidelines” and “interpretations” overstep the limits of the law.

Or, call Toll Free: [phone].


Thank you. We need your help!

 

Pat Robinson



Template Letter:


To Whom It May Concern Regarding: Steve Cooksey, Diabetes-Warrior

There are many professionals outside of the scope or control of the NC Board of Dietetics who educate individuals regarding food and nutrition. As such the North Carolina General Statute § 90-368: allows individuals to “furnish nutrition information on food, food materials, or dietary supplements” (section 9) and to “furnish nonfraudulent specific nutritional information and counseling about the reported or historical use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, or other foods” (section 10).

Steve Cooksey retains his federally protected First Amendment right to Freedom of Speech regarding his health journey overcoming diabetes through diet changes. And Steve can share this information with all who ask him about it.

It is critical for all government agencies to respect the limits and boundaries set forth in the laws granting its existence; or risk the public demanding the dissolution of the Board of Dietetics and Nutrition, as has occurred in Michigan.

Steve Cooksey has not claimed to be a dietician, or a nutritionist. Nor has he used any state licensed credentials.


The NC Board of Dietetics' broad misinterpretation of the law could have every mother, grandmother, neighbor, friend, kindergarten teacher and hairdresser brought up on charges of "giving nutritional advice without a license" too! So the North Carolina Board of Dietetics and Nutrition will have their hands full going after the majority of the population now that they have declared war on non-dietician license wielding folks giving nutrition advice!


Respectfully, it is suggested that the limit of the law be honored by those granted the authority to license those USING the title of “dietitian” or “nutritionist”.

Signed,

Your Name Here



SHARE THIS ON!  Protect your access to health and nutrition information!   [Sign Petition.]

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[Kelly B]

Sent & Shared! Thanks for the template!

[Pat Robinson]

Thanks for sharing and writing!~!

Pat

[Pat Robinson]

Seriously: "Solution, prosecute every public school distributing nutrition advice or presenting the FDA's food pyramid (or whatever the newest chart is).

A. Simply because kindergarten teachers are most likely not licensed to "practice nutrition" by the state of NC and

B. Because Most licensed dietitians will tell you that the FDA's charts do not represent a healthy human diet...

"But this past January the state dietetics and nutrition board decided Cooksey’s blog – Diabetes-Warrior.net – violated state law. The nutritional advice Cooksey provides on the site amounts to “practicing nutrition,” the board’s director says, and in North Carolina that’s something you need a license to do."


The absurdity of their goal to monopolize nutritional education is unambiguous.


Pat

[Pat Robinson]

The NC Board of Dietetics has reported that (Steve) "Cooksey was sent a certified letter, stating that the NCBDN was satisfied that he had come into substantial compliance with the requirements of the law and that the NCBDN was closing the complaint".

BUT, "the Board reserves the right to continue to monitor this situation".

http://www.ncbdn.org/file_a_complaint/recent_press_inquiry/

They are keeping the door open for further investigation, even after making changes to his website at their direction.

However, Steve did not need to make these changes according to the law because Steve Cooksey has not claimed to be a dietician, or a nutritionist. Nor has he used any state licensed credentials.

The NC Board of Dietetics has a pattern of using threats and intimidation above the law, to silence nutritional information. The NC Board of Dietetics' administrative "Rules" reference the American Dietetic Association (ADA).

The North Carolina State Board of Dietetics (which falls under the ADA), which just added “Nutrition” to its title, is maneuvering to monopolize nutritional education.  The American Dietetic Association (ADA) would like to be the state authority of all nutrition information, in your state too!


Pat

[Pat Robinson]

Jared of Subway fame would be "guilty", it seems~!

Pat

[Kelly B]

Wow, I actually got a reply from the NCBDN!

From: [e-mail]
To: [e-mail]
Subject: Response from NCBDN: Setting the Record Straight
Date: Tue, 1 May 2012 13:12:12 -0400

Dear Concerned Citizen:

Over the past week a number of inaccuracies have been presented to the public regarding a complaint that was submitted to the North Carolina Board of Dietetics/Nutrition (the NCBDN) concerning Steve Cooksey, an unlicensed person. 

In July 1991, the Dietetics Practice Act, which falls under Chapter 90, Article 25 of the North Carolina General Statutes, was passed.  The mission of the North Carolina Board of Dietetics/Nutrition is to protect the health, safety, and welfare of the citizens of North Carolina from harmful nutrition practice by providing for the licensure and regulation of persons engaged in the practice of dietetics/nutrition and by establishing educational standards for those persons.  Under §90-365 of the North Carolina General Statutes, the NCBDN has a duty to investigate all complaints that it receives.  The following specific points are meant to “set the record straight.”

It has been alleged that the NCBDN is harassing Mr. Cooksey.

As noted above, the North Carolina Board of Dietetics/Nutrition has a duty to investigate all complaints that it receives, regardless of whether it is an unlicensed person or licensed person.  On January 13, 2012 a written complaint was submitted to the NCBDN alleging that Steve Cooksey was providing nutrition care services in North Carolina without a license. By law, the NCBDN had a duty to investigate this matter just as it would investigate any other complaint that is submitted to its office. 

It has been reported that the NCBDN threatened to shut down Mr. Cooksey’s website.

No legal action has ever been threatened or taken against Mr. Cooksey by the NCBDN.  On January 18, 2012, Mr. Cooksey was contacted by phone to inform him that a complaint had been filed against him and to seek further information.  On January 27, 2012 Mr. Cooksey was sent detailed comments of the Board’s concerns regarding his compliance with the law, to which the Board invited discussion.  Mr. Cooksey never contacted the NCBDN to discuss these comments.  After completing the required investigation of the complaint by examining multiple factors, on April 9, 2012, Mr. Cooksey was sent a certified letter, stating that the NCBDN was satisfied that he had come into substantial compliance with the requirements of the law and that the NCBDN was closing the complaint it received against him. Mr. Cooksey signed for this letter. Currently, there is no active complaint or action against Mr. Cooksey on file with the NCBDN.

It has been reported that the NCBDN is threatening to send Mr. Cooksey to jail for recounting publicly his battle against diabetes and encouraging others to follow his lifestyle.

The NCBDN has no authority to criminalize any actions a person takes.  By law, if a person has violated Chapter 90, Article 25 of the North Carolina General Statutes, the NCBDN may report such an action to a local prosecutor, however, it would be the prosecutor’s decision whether or not to seek a misdemeanor charge.

In the almost twenty years of this law’s existence there have only been two instances where the NCBDN has presented information to the authorities in order to allow the authorities to decide whether or not to pursue criminal prosecution.  In both cases these persons were presenting falsified professional credentials and stolen identities.

It has been alleged that the NCBDN is attacking Mr. Cooksey’s right to free speech and has ordered him to stop speaking, change what he says and change what he publishes.

Of his own volition, upon being informed of the complaint against him, Mr. Cooksey made changes to his site, including, making his disclaimer that he is not a licensed dietitian/nutritionist more prominent and taking down his diabetes support packages.  Later, Mr. Cooksey was sent a document detailing some of the Board’s concerns regarding his past interactions with some of his followers, however, this document was sent attached to an email that stated, “[g]iven our discussion, I believe our comments should make sense, however, should you disagree, I am happy to discuss.”   Mr. Cooksey never contacted the NCBDN to discuss these comments.  The NCBDN never ordered Mr. Cooksey to make any changes to his website. 

It has been reported that the NCBDN maintains that Mr. Cooksey needs a license to advocate certain dietary approaches.

In and of itself, advocating a certain type of diet or dietary approach is not a violation of the law. The specific diet Mr. Cooksey promotes is not, and never has been, under investigation.  However, unless a person is otherwise exempt, a license is required to provide nutrition care services, which is defined as:

·         Assessing the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting.

·         Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints.

·         Providing nutrition counseling in health and disease.

·         Developing, implementing, and managing nutrition care systems.

It has been reported that this past January the state dietetics and nutrition board decided Mr. Cooksey’s blog violates state law.

The NCBDN never made any formal decision that Mr. Cooksey’s blog violated state law or commenced any type of legal action against him.  Under the perception that Mr. Cooksey desired to come into compliance, the NCBDN sent Mr. Cooksey a document detailing its concerns regarding his compliance with the law. 

It has been reported that a person cannot encourage others to adopt a certain type of diet unless one is licensed in North Carolina.

The Dietetics Practice Act says nothing about “encouraging” others.  A license is required to provide nutrition care services as defined by the law (see above definition of nutrition care services).

It has been reported that that the NCBDN finds talking about diet without a license to be a crime.

The Dietetics Practice Act says nothing about “talking about diet.”  Standing alone, talking about a diet, advocating a diet or sharing one’s own story regarding a diet is not a violation of the law, nor has the NCBDN ever communicated anything to the contrary.

It has been questioned why the NCBDN decided to close the complaint against Mr. Cooksey.

Initially, it did appear that the diabetes support services Mr. Cooksey was providing at the time the complaint was submitted, included nutrition care services and thereby, were in violation of the law.  The NCBDN did indeed have some concerns regarding Mr. Cooksey’s original website and services as detailed in the document that was provided to him.    Given Mr. Cooksey indicated verbally and in writing his desire to be in compliance, combined with his voluntary actions that followed, the NCBDN concluded that Mr. Cooksey was in substantial compliance. 

In addressing all complaints the NCBDN considers multiple factors before deciding whether or not action should be pursued.  Based upon these factors, as applied in Mr. Cooksey’s case, the NCBDN determined that Mr. Cooksey was in substantial compliance.  As such, the Board concluded that no further action was required regarding this complaint. 

Sincerely,

The North Carolina Board of Dietetics/Nutrition

[Pat Robinson]

Thanks for sharing the update~ the NC Board's latest spin http://www.ncbdn.org/file_a_complaint/recent_press_inquiry/

OF COURSE, Steve Cooksey acted "voluntarily" of his own free will to "become compliant" with (their broad misinterpretation of) the law, no coercion, and it totally is not relevant that General Statute § 90-368. Persons and practices not affected. Sections (9) and (10). http://www.ncleg.net/enactedlegislation/statutes/pdf/bysection/chap...

indicate that he was ALREADY in compliance with the law before the Executive Director of the NC Board of Dietetics (a lawyer) called him, told him he was not compliant with the law, and sent him detailed complaints, after investigating his website.

Specifically, iirc, he was told (in writing) that he could not "counsel" and indeed the G.S. allows "An herbalist or other person who does not hold himself out to be a dietitian or nutritionist when the person furnishes nonfraudulent specific nutritional information and counseling about the reported or historical use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, or other foods."

Steve Cooksey has not claimed to be a dietician, or a nutritionist. Nor has he used any state licensed credentials.

There is nothing to see here. The NC Board of Dietetics wasn't bullying, threatening or coercing anyone with a misdemeanor charge for being IN compliance with the law.

Right. <not buying it>

Pat

[Pat Robinson]

Yep.  http://www.diabetes-warrior.net/wp-content/uploads/2012/01/Website_...