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A blogger in North Carolina has been threatened with jail time for “practicing nutrition without a license” by writing about his experiences with diabetes and telling readers what types of food he was eating.
It was in January when the North Carolina Board of Dietetics and Nutrition told blogger Steve Cooksey, who writes at diabetes-warrior.net, that it was investigating him for providing nutrition care services without a license.
Cooksey was accused of violating Chapter 90, Article 25 of the North Carolina General Statutes, which makes it a misdemeanor to “practice dietetics or nutrition” without state permission – a license. According to the law, “practicing” nutrition includes “assessing the nutritional needs of individuals and groups” and “providing nutrition counseling.”
In February 2009, after being hospitalized with diabetes and wanting to avoid the fate of his grandmother who eventually died from the disease, Cooksey decided to embrace the low-carb, high-protein Paleo, or “caveman,” diet.
As a result of the diet, he was drug- and insulin-free within 30 days. By May of that year, he had lost 45 pounds and decided to start a blog in which he would write about his success.
In January, Cooksey received a call from the director of the nutrition board telling him he was not allowed to offer nutrition advice without a license and that his website was being investigated. He was also told that if he did not comply with the “suggestions” in a 19-page report, his website could be shut down and he could be sentenced to up to 120 days in jail.
The first page of the report shows Cooksey responding to an email he received from a person who is concerned about a friend that has diabetes. In the response he says, “Your friend must first and foremost obtain and maintain normal blood sugars.”
The official hand wrote a note in the column saying “assessing and advising requires a license.”
When Cooksey provided a list of what he eats as part of his diet, he was told, “It is acceptable to provide just this information, but when you start recommending it directly to people you speak to or write to you, you are now providing diabetic counseling which requires a license.”
In a statement on his blog site, Cooksey said that in response to the investigation he stopped writing his published advice column, took down his diabetes support packages and made the disclaimer more prominent.
The steps appear to have satisfied government officials, who announced April 9 they were closing the case.
However, Cooksey says he does not consider the issue to be over.
“All this means is that the board has violated my First Amendment rights by silencing me in altering how I express my opinions. My compliance is compliance with their violation of my rights, not an agreement between us that I was wrong and they were right,” he said. “I have absolutely no intention of complying with the board’s violation of my free speech rights. I intend to defend those rights, not only for myself, but for everyone.
“This is America and America people should be free to give each other advice about things like diet.”
Originally posted by Vandettas
"Hey, the medication we tell you will help you live actually kills you slowly and makes you spend more money on something that will kill you a little less slower than the last medication; you subliminally got closer to that
truth, we're locking you up until you decide to keep your mouth shut"
Really, this is outlandish.
Originally posted by Starchild23
reply to post by BBobb
Really, "cure" is a bad word. "Cure" implies one-time usage.
"Treatment" is a better word...in case you haven't noticed, people who are being "treated" make return visits. People who are "cured" never have to see a doctor regarding the issue again...at least not for the same incident.
Just a note on the semantics.
Originally posted by abecedarian
Do pharmaceutical companies have a "license" to assess and advise when they suggest ibuprofen, aspirin or similar for headaches... or antacids for heartburn... or something for erectile dysfunction?
Can you be fined for suggesting quitting smoking due to shortness of breath and other issues?