Hey there, and welcome back to another episode of Sam's Sidebar, where I tackle your
Speaker:essential questions about starting and growing a legally protected online business in ten
Speaker:minutes or less.
Speaker:This week, you'll get legal tips all about scope of practice.
Speaker:let's jump right in to Sarah's question.
Speaker:I want to preface this by saying, do not check out on me.
Speaker:Do not check out on me if you are not in the health and wellness field, because this is
Speaker:going to apply to you no matter what kind of coach you are.
Speaker:But just hear me out.
Speaker:So, Sarah asks, "Can I give macro goals as a nutrition coach if my certification and
Speaker:education covers how to do that?"
Speaker:I love this question, Sarah.
Speaker:I am so, so glad that you asked because this is such an important question to get into in
Speaker:terms of whether if you learn something, can you teach it.
Speaker:So, like I said, do not check out on this.
Speaker:If you are not a health and wellness coach, this applies to you, too, and it also applies
Speaker:to you if you are a health and wellness coach.
Speaker:scope of practice, which is what you can legally do, say, and teach based on how your
Speaker:license, qualified or trained, all that stuff.
Speaker:Scope of practice, it applies to all kinds of coaches regardless of our industry.
Speaker:So, every type of coach or every type of practitioner has a licensed or professional body
Speaker:that's like "above it" that dictates what it can and can't do.
Speaker:a money coach has a CPA and accountant above it.
Speaker:A dating coach has a therapist and maybe a doctor above it.
Speaker:So, there are these other kinds of professional bodies.
Speaker:And I'm not saying this in a qualitative sense.
Speaker:I'm just saying, generally speaking, these are kind of what I call hovering professions
Speaker:.
Speaker:dangerous and misleading trend that I see in our online business industry.
Speaker:I see a lot of times how people mention that they're under the impression that they can
Speaker:do X, Y, or Z, usually some kind of higher level scope or area of advice that they can
Speaker:give because it was something that they learned about in their online program or in some
Speaker:sort of certification program.
Speaker:here's what you really, really need to know about this.
Speaker:Coaching programs or courses run by private individuals that you take to uplevel a skill
Speaker:or learn something in your industry, or a program that you take through a certification
Speaker:body, like a health coaching program that gives you a certificate at the end or a money
Speaker:coaching program that gives you a certificate at the end, they are not able to expand
Speaker:your scope of practice.
Speaker:In other words, taking a course or a certification program that's run by a private company
Speaker:or an individual does not give you any additional right to talk about things that are
Speaker:outside of your scope of practice.
Speaker:Courses and programs, any of those kinds of things that you're taking to become like a
Speaker:such and such coach, none of them are scope expanders.
Speaker:scope of practice is simply dictated by our state governments and our laws and our
Speaker:regulations that every single state has on the books.
Speaker:So, if your state, for example, says that only RDs or licensed nutritionist or doctor
Speaker:could give medical advice on nutrition - like macros, for example, in this question -
Speaker:then a private program that you signed up for would not be able to make it legal for you
Speaker:to teach about macros.
Speaker:So, your state is still going to dictate that you can't do that.
Speaker:in this example, let's just say your state says you cannot do that.
Speaker:There's no certification program or anything that you could take, like online or any of
Speaker:that kind of stuff, that would undo that.
Speaker:The only thing that would undo it would be, let's say, your state says only RDs could
Speaker:teach about nutrition or a doctor can teach about nutrition, then you'd have to go become
Speaker:an RD or a doctor.
Speaker:That's the only way.
Speaker:it always upsets me because I see people spending so much time and spending a lot of hard
Speaker:work and a lot of hard earned money and everything else on all of these programs being
Speaker:like I took this program because it teaches me in the program about macros or it teaches
Speaker:me in the program about meal plans or it teaches me in the program about stocks and
Speaker:financial planning.
Speaker:So, as long as I learn that there, then I can turn around and teach that to other people.
Speaker:So, learning about something does not make it legal for us to teach it to others.
Speaker:if you listen to Episode 68 of the podcast, you'll know that we also don't need to teach
Speaker:everything that we learn to be successful.
Speaker:Because there are a lot of reasons for us to keep learning and there are a lot of reasons
Speaker:for you to take those courses.
Speaker:Like, if you just want to learn about macros, great.
Speaker:If you want to learn about stocks, that's great.
Speaker:It just doesn't make it legal for us to turn around and start teaching it to other people
Speaker:in the eyes of the law.
Speaker:I know what you might be thinking, too, "Well, wait.
Speaker:This program that I took, it told me that we'll teach you about macros so you can teach
Speaker:other people." Unfortunately, there is a lot of deceptive marketing out there.
Speaker:And just because a program says it doesn't mean it's legal.
Speaker:So, you have to do your own due diligence and you have to see what's actually legal for
Speaker:you, what's true for you based on you, where you live, how you're qualified, all of that
Speaker:kind of stuff.
Speaker:I'm only telling you all of this for two reasons.
Speaker:One is so that you actually know what's in your scope of practice so you can stay out of
Speaker:legal trouble.
Speaker:That's the goal.
Speaker:And two is so that you have this information available to you before you sign up for
Speaker:another coaching program or some sort of certification.
Speaker:I want you to go into it thinking like, "Oh.
Speaker:I want to have more skills.
Speaker:I want to learn about something."
Speaker:are still outside your scope.
Speaker:But hear me loud and clear, learning new skills like upleveling, learning about something
Speaker:new, just even learning about something new for fun is still so valuable.
Speaker:I'm not devaluing any of those things.
Speaker:It's more just making sure you know what you're getting and why, what you're going to be
Speaker:able to do with it.
Speaker:It helps you to be a better coach and a practitioner.
Speaker:It can make you more marketable on the job market.
Speaker:if you were taking that course or program and then trying to work for a private company,
Speaker:they would probably be really happy, so that would be cool.
Speaker:It just doesn't expand your scope of practice within your own online business.
Speaker:the long and short of it is, Sarah, who submitted this question, that if prescribing
Speaker:macros, for example, isn't within your scope, which is likely not as a nutrition coach,
Speaker:then, no, you can't do it even if you learned in your program.
Speaker:So, to learn more about scope of practice - if this your first time hearing me talk about
Speaker:it, this is actually my fourth episode on scope of practice - I definitely would
Speaker:recommend going back and listening to Episodes 2, which is about scope of practice for
Speaker:coaches; Episode 69, What Coaches Can Legally Do, Part 2; and then we also have Episode
Speaker:86 on what coaches can do legally.
Speaker:So, I have lots of different scope of practice episodes for you there.
Speaker:So, that's Episodes 2, 69, 86 and then, now, this is number 94, so you have lots of scope
Speaker:of practice resources around here.
Speaker:hope this has been helpful for you.
Speaker:If you have a question you want to submit to a future Sam's Sidebar episode, make sure
Speaker:you click the link below to submit your legal question.
Speaker:I would love to read it on a future episode.
Speaker:Thank you so much for joining me here.
Speaker:Send me a DM on Instagram, @samvanderwielen, and let me know if this episode was helpful
Speaker:.
Speaker:what your scope of practice really is in your business, click the link down below to
Speaker:instantly download my legally legit checklist.
Speaker:It's super helpful.
Speaker:It'll help you get all the legal steps in order for your online business.
Speaker:So, thank you so much and I'll see you next week.
Speaker:so much for listening to the On Your Terms Podcast.
Speaker:Make sure to follow on Apple Podcasts, Spotify, or wherever you like to listen to
Speaker:podcast. You can also check out all of our podcast episodes, show notes, links and more
Speaker:at samvanderwielen.com/podcast.
Speaker:You can learn more about legally protecting your business and take my free legal
Speaker:workshop, Five Steps to Legally Protect and Grow your Online Business, at
Speaker:samvanderwielen.com. And to stay connected and follow along, follow me on Instagram,
Speaker:@samvanderwielen, and send me a DM to say
Speaker:hi.
Speaker:remember that although I am a attorney, I am not your attorney and I am not offering you
Speaker:legal advice in today's episode.
Speaker:This episode and all of my episodes are informational and educational only.
Speaker:It is not a substitute for seeking out your own advice from your own lawyer.
Speaker:And please keep in mind that I can't offer you legal advice.
Speaker:I don't ever offer any legal services.