The weight loss industry has been around for years prior to the surge of recent interest due to the #semaglutide and #tirzepatide phenomenon. Dietitians and nutritionists were the leaders in the state of Florida creating weight-loss plans, which resulted in the state legislature getting involved. House Bill 1375, was passed October 1, 1993, the purpose of which included mandating persons who assist others in losing weight to disclose the cost of the weight-loss program, the approximate duration of the program, the qualifications of the staff involved in the program and a copy of the Consumer Weight-Loss Bill of Rights.
The law went on to exempt persons licensed as MD’s, DO’s, #Chiropractors, Podiatrists, Naturopathy, Optometry, Pharmacist, and Physical therapists from complying with the above if they give weight-loss advice or provide weight-loss services which are incidental to the performance of their profession and not a primary activity. Weight-loss program means any plan or procedure offered to encourage weight loss. Therefore, creating a treatment plan that could include the above, triggers the requirement for #compliance.
As noted above, #Nurses and #NursePractitioners are not listed as exempt. The unknown issue is, is a clinic or practice owned by a non-physician also subject to these requirements? We don’t know at the time, but we do know that enforcement and regulations are in the sights of the legislature.
The civil penalties for violation of the Commercial Weight Loss Bill are as follows:
- The Department of Agriculture and Consumer Services may bring a civil action in circuit court for temporary or permanent injunctive relief to enforce the provisions of this act and may seek other appropriate civil relief, including a civil penalty not to exceed $5,000 for each violation, for restitution and damages for injured customers, court costs, and reasonable attorney’s fees.
- The Department of Agriculture and Consumer Services may terminate any investigation or action upon agreement by the offender to pay a stipulated civil penalty, make restitution or pay damages to customers, or satisfy any other relief authorized herein and requested by the department.
- Remedies provided in this section shall be in addition to any other remedies provided by law.
In summary, providers and practices involved in the weight-loss space should be cautious and should stay up to date with developing regulations and previous passed regulations. The federal government and certain states have shown great interest in this space as of late.
