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Guidelines for Unlicensed Practitioners
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The professional work of unlicensed practitioners, including
nutrition consultants, is regulated by numerous legislative
norms and acts on different levels from the local level to
the federal level. At the same time, the legal regulations
are mutual and, on the one hand, they regulate the work of
a nutrition specialist, while, on the other hand, they regulate
the relationship of nutrition specialists with their clients.
In such a way, the existing legislative norms concern not
only nutrition specialists but also their clients. In such
a situation, the knowledge of the legislative norms and principles
provide nutrition specialists with an essential basis for
the normal and stable work which guarantees the safety of
the health of clients and does not raise any problems in the
practice of a nutrition specialist.
On analyzing the existing legislative norms and principles,
it is necessary to underline that the y tend to the strict
regulation of the work of nutrition practitioners as well
as the work of many other specialists working in different
fields, especially those which are related to healthcare services
and may affect the health of people. In such a context, the
extent to which a nutrition specialist is informed of the
existing legislative norms, his or her rights and duties,
as well as rights of patients, defines his or her ability
to protect himself or herself from possible problems caused
by the violation of the existing legislative norms.
However, it is quite difficult to know absolutely all nuances
of legislative norms. Moreover, a nutrition consultant is
not a professional lawyer anyway and, therefore, he or she
is unable to fully understand and apply effectively existing
legislative norms in order to avoid possible troubles. In
such a situation, the nutrition consultant should act in accordance
with basic legislative principles that define all legislative
norms and acts implemented in the USA on all levels.
In this respect, the US Constitution contains the fundamental
legal norms and principles which are superior to all other
legislative acts and norms implemented in the USA on all levels,
from the federal level to the local level. Consequently, if
a nutrition consultant is aware of basic principles of the
Constitution and rights and liberties which the US Constitution
guarantees to all citizens of the US, then he or she is able
to work and develop his practice in accordance with the law
because as long as he does not violate any norm of the US
Constitution and as long as he or she exercises her rights
and liberties guaranteed by the US Constitution he or she
will not have any troubles with the law.
At this point, it is worth mentioning the fact that the US
Constitution uses the Biblical concept of divine laws. In
such a way, the divine laws or Mosaic laws form the foundation
of the US Constitution (Legal Guidlance, 2008). Hence, in
his or her professional work, a nutrition consultant should
above all focus on the effect of his work on his or her client.
In accordance to the Biblical laws and the US Constitution,
which are amply supported by numerous legislative acts on
the federal, state and local level, one of the major concerns
of a nutrition consultant is avoidance of harm to the health
of his or her clients.
In this respect, it is necessary to underline the fact that
the work of a nutrition specialist is accompanied by certain
risk since it can produce negative influence on the health
of the client of a nutrition specialist. However, the deterioration
of the health of the client may be provoked not only by incompetence
of the nutrition consultant or by his or her professional
negligence but also by numerous factors which are not dependent
on the nutrition consultant. This is why the nutrition consultant
should ensure that the client has understood all his or her
recommendations properly and that he or she will follow these
recommendations strictly. It is very important to have records
of all these recommendations and consultations in order to
prove innocence of the nutrition consultant if the client
initiates a lawsuit against him or her, for instance. Some
nutrition consultants can make a serious error if they fail
to keep such records properly because gaps in the records
can become a reason for allegations in competence or professional
negligence.
Thus, it is possible to conclude that professionalism and
attention to the basic legal norms and principles, the focus
on the health of clients and avoidance of harm should be the
fundamental principles of work of a nutrition consultant in
the USA.
References:
Legal Guidelines for Unlicensed Practitione
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