Question

CUCCHI PC Directions: For this assignment you must write a half a page to a page response to the scenario below. Each vignette is worth 10 points and will assess you on content knowledge (presenting accurate info), delivering/using professional language, and concisely communicating your thoughts in regards to the scenario. Scenario: Mr. Sajak is a 43 year old man who regularly comes to your wellness clinic that also holds guest speaker informationals from time to time. In the last few weeks, Mr. Sajak attended the strength and nutrition informational put on by a local gym's dietitian and exercise physiologist and is now interested in changing his diet and physical activity habits. He has approached you and wants to make an exercise plan and review his diet but doesn't understand why you (an individual with a public health degree) can't help him. Your goal is to explain to him why you can't (such as legal reasons), the dangers of if you were to do this, and why other professionals can be more helpful. While doing this, you must not downplay or discount your expertise (ie, avoiding phrases such as "I have no clue about [insert topic here) so I can't help).

Answer 1

Ethical Legal consequences of providing services you are not authorised for

· It is against the professional code of ethics and professional standards of care.

· Law suits may be there against public health care provider for providing unauthorised services/ unlicensed practice or incompetent advice without thorough understanding may cause harmful consequences and even put life of client in danger.

· It violates rights of individual receiving care.

· There is variation in laws (A few have no rules, while others require licenses) for who can give dietary advice or who cannot, in different states, making it legal in some states while illegal in others. Dangers of doing so

Other professionals

· Seeking help of knowledgeable and skilled professional who is authorised to do so is the most appropriate strategy to accomplish the desired goals in safest way.

· Registered dietitians’ and physical trainers’ complete months of supervised practice, pass an exam and take continuing education course requirements that are needed for licensing in states that have them.

· What if client take information put by gym dietitian and exercise physiologist and suffer some unwanted, undesired or harmful consequences of choices made about diet and exercise.

The dietitian and trainer would probably not be considered a fiduciary of the plaintiff, even though they displayed the information. They did not force the hypothetical client to, they were not selling the food or receiving a royalty, so she would not be considered guilty of false or misleading advertising. While their representations were negligent in one sense, it is unlikely that anyone will construe them as the proximate cause of the client’s suffering.

This is because the client’s own decision intervened, meaning he or she had an opportunity to investigate the claims and make the decision based on his or her own discretion. So dietitian and physiologist will probably continue to escape liability for her wildly inaccurate and poorly researched advice.

Uninformed advice-giving has largely influenced the fitness and supplement industry for years.

On the other hand, it is a good reminder that adults are required to act diligently, including when it comes to their own health and nutrition decisions.

While anyone can sue anybody for anything at any time, winning is a different matter. It is always easy to point the finger at another for what amounts to be client’s own bad decision.