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      RS 37:1742.1     

  

PART VI-B.  DISCLOSURE

§1742.1.  Disclosure

A.  Any person who provides information or makes recommendations regarding lifestyle modifications, food, dietary supplements, or homeopathic remedies, for a consulting fee, hereinafter referred to as a vendor, but who is not licensed as a health care provider as defined in R.S. 37:1744(A) or a dietitian as defined in R.S. 37:3083 shall, prior to providing such services, disclose to the consumer in a plainly worded statement all of the following:

(1)  The name, business, and telephone number of the vendor.

(2)  The fact that he or she is not licensed, certified, or registered as a health care provider in the state of Louisiana.

(3)  That any food or dietary supplements being recommended are not medically prescribed drugs.

(4)  If applicable, the degree or degrees, training, or credentials of the vendor regarding services provided.

B.  Before a vendor provides information or recommendations to a consumer for a fee for the first time, such vendor shall obtain a written acknowledgment from the consumer stating that the consumer has been provided with the information in Subsection A of this Section and such acknowledgment shall be maintained for two years by the vendor.  The consumer shall be provided with a copy of this written acknowledgment.

C.  The attorney general or the local district attorney in the parish where the violator resides shall mail a certified letter to any vendor who violates this Section advising the vendor that he must immediately begin to disclose to his or her consumers information required in this Section.

D.  This Section shall not apply to health care providers who are licensed in the state of Louisiana and who provide information and make recommendations regarding food, dietary supplements, homeopathic remedies or lifestyle modifications for a fee.

E.  This Section shall not be interpreted to apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing, selling, or distributing products such as food, dietary supplements, or homeopathic remedies, educating consumers about such products, or explaining the use of such products.

F.  A person providing information or recommendations for a fee who is acting under and in compliance with this Section shall not be in violation of R.S. 37:1271 for providing information or making recommendations regarding lifestyle modifications, food, dietary supplements, or homeopathic remedies.

G.  As used in this Part, "lifestyle modifications" means the broad domain of traditional or homeopathic health care practices and other complementary health practices and services provided by a person who is not licensed, certified or registered to perform, and who shall be prohibited from performing any of the following designated services or practices:

(1)  Practicing medicine or performing surgery as defined in R.S. 37:1262.

(2)  Prescribing or administering any procedure involving ionizing radiation.

(3)  Prescribing, dispensing, administering, or recommending the discontinuance of a prescription drug or device.

(4)  Performing an adjustment or manipulation of the articulations of the joints or spine.

(5)  Holding out, stating, indicating, advertising, or otherwise implying he is a health care provider, as defined in R.S. 40:1299.41(A)(1), or a physician, or medical doctor, or in any way licensed to practice medicine pursuant to Part I of Chapter 15 of Title 37 of the Louisiana Revised Statutes of 1950.

H.  Nothing in this Part shall be construed as being applicable to a member of the clergy or religious non-medical care vendor.

Acts 2005, No. 334, §1; Acts 2006, No. 655, §1; Acts 2008, No. 524, §1.



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