§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,
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§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 healthcare 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. 40:1231.1(A), or a physician, or medical doctor, or in any
way licensed to practice medicine pursuant to Part I of Chapter 15 of this Title.
H. Nothing in this Part shall be construed as being applicable to a member of the
clergy or religious non-medical care vendor.