Crossfit Washington, DC 20036 FORGING ELITE FITNESS•
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1250 Connecticut Ave. NW, #200 Crossfit Washington, DC 20036 FORGING ELITE FITNESS• www.crossfit.com Decem her 12, 20 19 The Honorable David S. Hickernell Chairman, House Professional Licensure Committee Room 60, Capitol East Wing Harrisburg, PA 17125 RE: House Bill 1802 Oppose Informational Meeting Date: December 18, 2019 - House Professional Licensure Committee Dear Chairman Hickernell: CrossFit, Inc., is the largest gym chain in Pennsylvania with more than 220 affiliated gyms, each of which is independently-owned and -operated by Pennsylvanians. Each gym recognizes that proper nutrition is foundational to health and fitness, that information about food and nutrition is life-changing and life-saving, and that the right to share such information should not be restricted to only a few. On the contrary, more people need to be discussing proper nutrition because of its role in the chronic disease epidemic, including such diseases as type 2 diabetes, heart disease, nonalcoholic fatty liver disease and obesity. As written, House Bill 1820 will severely curtail the freedom to discuss proper nutrition, and will exacerbate the chronic disease epidemic devastating Pennsylvania. House Bill 1820 expands Pennsylvania's existing licensing regime for dietitians, and in doing so limits the ability of others to share life-saving nutritional speech, to the detriment of the public. It prohibits the unlicensed practice of "medical nutrition therapy" (MNT) and defines it as "the provision of nutrition care services for the purpose of treatment or management of a disease or medical condition.""Nutrition care services" includes "establishing priorities, goals, and objectives that meet nutritional needs." The 1 American Medical Association , among other medical professional associations, recognizes obesity as a disease. A core tenet of CrossFit is to eat "Meat and vegetables, nuts and seeds, some fruit, little starch and no sugar. " Were House Bill 1820 to be enacted as written, our trainers would not be able to to advise an obese client to cease consumption of added sugars and refined carbohydrates to address the client's obesity. Nor would our trainers be able to provide simple nutrition-related services, such as a meal diary, to their clients with obesity. By doing so, they could be practicing "medical nutrition therapy" and would be subject to penalty. 1 Andrew Pollack, AM.A. Recognizes Obesity as a Disease, The New York Times, June 18, 2013. The current definition of MNT is broad and unprecedented. Neighboring and similar states, such as New 2 3 York , Connecticut and Massachusetts", do not have as expansive definitions, nor the scope exclusivity as would be established by the bill. Proponents claim that this bill is necessary to protect consumers even though there is no substantive evidence to suggest that this is a pressing public need. And assuming that the proposed level of regulation is prophylactic, the regulatory framework the bill would establish far exceeds that which is found in neighboring and similar jurisdictions. The current definition of MNT also conflicts with the federal definition, which is "nutritional diagnostic, therapeutic, and counseling services provided by a registered dietitian or nutrition professional for the purpose of managing diabetes or a renal disease. "5 Even more confounding is that the bill's definition of MNT is not even in accordance with the definition provided by the Academy of Nutrition and Dietetics (AND) on its website. The AND's definition of MNT is "nutritional diagnostic, therapy, and counseling services for the purpose of disease management which are furnished by a registered dietitian or nutrition professional."6One must question why the main proponents of this bill forego the use of the definitions provided in federal code and on their own website, and instead use an unestablished and baseless standard. As written, this bill would imperil the ability of Pennsylvania's thousands of CrossFit trainers to provide straightforward, uncontroversial nutrition guidance to their clients with obesity, advice such as "do not consume refined sugar." And at a time when one out of eight adults in Pennsylvania has diabetes," and nearly one out of three is obese,8 it is unconscionable to restrict this sort of life-saving nutritional speech. CrossFit, Inc. respectfully requests that the Committee not report the bill favorably unless amended to address our concerns. Sincerely, Brett Ewer CrossFit, Inc. CC: Democratic Chair Harry Readshaw Representative Wendi Thomas Representative Joe Emrick Representative Stephen Barrar Representative Rosemary M. Brown Representative Lynda Schlegel Culver 2 New York Consolidated Laws, Education Law - EDN § 8001 3 Conn. Gen. Stat. § 20-206 4 Mass. Gen. Laws ch. 112, § 206 5 42 CFR § 410.130 6 https://www.eatrightpro.org/payment/coding-and-billing/mnt-vs-nutrition-education 7 http:/ Imai n .diabetes. org/ dorg/PD F s/ Advocacy/burden-of-diabetes/pen ns y Iv ani a. pd f 8 Jill Daly, State of Obesity report: Pennsylvania's adult rate declined to 30.9% in 2018, The Pittsburgh Post-Gazette, September 12, 2019. Representative Gary Day Representative Keith Gillespie Representative John A. Lawrence Representative Thomas L. Mehaffie, III Representative Steven C. Mentzer Representative Michael Peifer Representative F. Todd Polinchock Representative Curtis G. Sonney Representative Tarah Toohil Representative Donna Bullock Representative Margo L. Davidson Representative Tina M. Davis Representative Marty Flynn Representative Anita Astorino Kulik Representative Brandon J. Markosek Representative Kyle J. Mullins Representative Adam Ravenstahl Representative Michael H. Schlossberg .