MARCH 20, 2013

Subject: Legislation threatens supplements in New York State

To All:

There is a dangerous threat to the availability of nutritional
supplements in New York State, which could eventually affect other
states and the availability of our therapy.  The Alliance for Natural
Health-USA reported yesterday that two bills being considered in
the New York State legislature threaten access to supplements. The
first of the bills would give the health commissioner the arbitrary
power to ban any supplement he deems "harmful," no matter how tiny
the risk. For more details please see:

For those who live in NYS, click "Take Action" at the bottom of the
page. The link makes it easy to contact your state representatives.
However, I would advise everyone no matter where you live to contact
the Governor's office to express your concern about this proposed
legislation.  It is very important to mobilize to stop this before
it gets any further.

The Governor's office can be contacted at:
Reference bills S.3650 and A.4700, which would establish a Dietary
Supplement Safety Committee with arbitrary and unnecessary powers.

Thank you for your help.

Defeat the HPV Bill in New York!

At least 41 states and the District of Columbia have introduced legislation to require inoculation with, fund, or educate the public about the human papillomavirus vaccine (HPV), despite the fact that its actual effectiveness is unknown—at best it may protect against only two of the fifteen cancer-causing strains of the virus—and the side effects and reactions from the vaccine are sometimes severe.

In New York, AB 699 requires that all children born after January 1, 1996, be vaccinated against HPV (in addition to the already mandated vaccines against polio, mumps, measles, diphtheria, rubella, chicken pox, meningitis, pertussis, tetanus, pneumococcal disease, and hepatitis B).

Ask your legislators to defeat this new bill.

New York Action Alert on Licensed Dietician/Nutritionists Bill

The New York Legislature is currently considering a seriously restrictive bill that would create a new title for dietitians and nutritionists—“Licensed Dietitian/Nutritionist” or “LDN”. Moreover, a majority of the new board would be ADA members, and they would have the power to decide which exams are allowed—and which are not.

This change would criminalize non-licensed practitioners creating significant economic loss due to the severe and unnecessary scope of practice restrictions of the proposed bill. Highly trained professionals including but not limited to chiropractors, naturopathic doctors, nurse practitioners, physicians assistants, certified nutrition specialists, certified clinical nutritionists, and health coaches would effectively be prohibited from providing nutrition-related counseling.

The state’s Senate Finance Committee met on June 13 and decided to pass S.3556 to the Rules Committee so that it could be considered on the Senate floor.

Please contact your state legislators and express your strong opposition to this bill!

JANUARY 17, 2012

New York

A 5666 and its identical companion bill in the NY Senate, S 3556, provide for the licensure of dietitians and nutritionists. This proposed bill lumps dieticians and nutritionists together under one title, “Licensed Dietitian/Nutritionist” or “LDN” rather than providing separate licensing for each.
Before the legislature adjourned for the summer in 2011, the Senate version of the bill made it as far as the Senate rules committee, making a vote on the senate floor imminent. However, due to a groundswell of opposition from consumers and nutrition professionals in New York, the bill has been referred back to the Committee on Higher Education now that the legislature has reconvened in 2012.
We have also learned that due to the many flaws in the bill (pointed out by our activists and nutrition allies) legislators in New York are considering making revisions to the bill. We’ll remain vigilant to make sure they make the right revisions. We have also received confirmation that at least one cosponsor of the bill, Sen. Joseph A. Griffo, has decided to drop his cosponsorship of the bill.
A 5666 remains sitting in the assembly committee on higher education, where we left it in 2011.
The bill would create a joint board, appointing four members of the ADA and three representing nutritional associations. It does not identify the required exam—but it directs the board to do so. We have run into this problem in other states, where the board, filled via statute by ADA reps, refuses any but the ADA exam. Note further that this is a title provision, meaning that they aren’t preventing the practice of nutrition (subject to these requirements), but they are limiting the title by which one may advertise! If they can’t advertise, that severely restricts their practice. So even though it is a titling restriction, in practice it becomes effectively a scope-of-practice restriction.
New York currently recognizes examinations from other groups in addition to the ADA to qualify applicants for licensure—in particular the Certification Board for Nutrition Specialists (CBNS), which is specifically designed for nutritionists. This bill allows the board to determine the qualifying exam, so once the ADA-majority board takes its first vote, the openness to CBNS and other organizations’ exams would be stopped. Moreover, along with passing the exam, an individual would still have to fulfill all the other requirements for licensure outlined in the bill—which are all standard-issue ADA.
Any new legislation must keep nutritionists separate from dieticians (who will immediately take control of the licensing process), and must ensure the same protections.
New York residents please take action now!
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