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CP E U Ar t i cles In Th is I ssue !
In This Issue: Letter From the Editor � � � � � ����������������2 Yes, You Need A Contract �������������� 3 Diversity In Dietetics � � � � � � � � �������������� 4 Keeping Your Virtual Practice HIPAA-Compliant ������������ 5 CPEU Article: Protect Your Practice: Understanding Contracts, Copyright and Disclaimers � � � � � � � � � � � � ��������������� 6 CPEU Article: How You Can Interpret and Negotiate Contracts To Get What You Want and Deserve � � � � � � � � ��������������� 9 Best Practices for Your Business Instagram � � � � � � � � � ������������� 12 How to Maximize Google Workspace � � � � � � � � � � � � � � � � � � �������������� 14 LLC vs. Sole Proprietorship vs. S-Corp � � � � � � � � � � � � � � � � � � � � � �������������� 15 Critical Issue: Diversity, Inclusion, and Communication � ����� 16 What You Should Know About Insurance Reimbursement � ����������� 17 Product Reviews � � � � � � � � � � � � ������������� 18 Student Q&A with Seasoned Member � � � � � � � � ������������� 20
Let’s Get Legal: CO N T RACTS , CO PY R I G H T A N D EVE RY T H I N G E LS E YO U WI S H YO U K N E W
Ethical Approaches to Private Practice Counseling � ����������21 Nutrition Education on Social Media � � � � � � � � � � � � �������������� 22 Navigating Your Book Contract ���� 23 Spring Summit � � � � � � � � � � � � � � � Back Cover
Ventures
Letter From the Editor
SPRING 2021 A L E N A K H A R L A M E N KO EDITOR
MS, RD, CDN NEWSLETTER EDITOR
Alena Kharlamenko, MS, RD, CDN
INCOMING EDITOR Jessica Beardsley, MS, RD, LDN
EDITORIAL BOARD, 2020-2021 Nicole Rodriguez, RDN, NASM-CPT Amanda Sauceda, MS, RDN, CLT Lisa Jones, MA, RDN, LDN, FAND Emily Merklen, MS, RDN Cathy D’Orazio, MS, RDN, LDN Lauri Egan, RDN, CPT The newsletter pertains to the Nutrition Entrepreneurs Dietetic Practice Group of the Academy of Nutrition and Dietetics and reproduction rights are reserved. Publication of an advertisement in the Ventures newsletter should not be considered as an endorsement of the product or advertiser by the DPG. Viewpoints and statements in this newsletter do not necessarily reflect policies and/or positions of the Academy of Nutrition and Dietetics. © 2020 Nutrition Entrepreneurs. All rights reserved.
WE WELCOME INPUT FROM OUR MEMBERS. PLEASE CONTACT THE EDITOR: Alena Kharlamenko, MS, RD, CDN newsletter@nedpg.org
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In my nutrition career, the most important lessons I’ve learned didn’t come from my years in school but my years in practice. Knowing the ins and outs of legal issues when it comes to my business was one of those very important lessons. When I first started working with brands, the dangerous combination of impostor syndrome, naivety and excitement got in the way of looking closely at my contracts. At first, I didn’t realize that many of the terms they laid out could be negotiated or changed. My misunderstanding was that the proposed terms and conditions were set in stone even before adding my final signature. The end result was that I would end up doing more work for less money than I deserved, because I was too afraid to go back and negotiate my compensation or say no to deliverables that weren’t worth my time, effort or expertise for the compensation being offered. But, similar to other mistakes I’ve made in building my nutrition business, I now view these mistakes as lessons in the making. When it comes to legal concerns, here are some important lessons I’ve had to learn: y Read every contract you sign with a discernible eye. Make sure you know and agree with the timeline, deliverables, expectations and payment terms. y Know your worth. Is the compensation being offered worth your time, effort, experience and knowledge? If not, don’t be afraid to negotiate contracts or push back. They aren’t set in stone until they’re signed. y Don’t be a deer in headlights when it comes to your legal issues. Become a master of interpreting contracts, insurance, copyright and business ethics. Or better yet, hire someone to help you keep your business legally compliant.
y You’re not in this alone. Even if you work for yourself or by yourself, don’t forget to reach out to your network of fellow nutrition entrepreneurs. There’s a pretty high chance that someone else has been in your shoes before and has some valuable words of wisdom for you. To bring you the utmost value, we’ve included not one but two CPEU articles in this issue that dive deep into two important legal concerns. One of these articles delves into copyright, contracts and disclaimers, while the other article focuses on everything you need to know about negotiating your contracts. Not only that, but this issue also gives you valuable insight on choosing the right business entity for your business, insurance reimbursement, HIPAA compliance and ethical approaches to private practice counseling. We’d love to hear from you! What lessons have you learned when it comes to legal concerns in your business? To share your thoughts, send us an email at newsletter@nedpg.org or connect with us on Facebook or Instagram (@nutritionentrepreneurs). Alena Kharlamenko, MS, RD, CDN, is the founder of alenamenko. com, a food and nutrition blog where she publishes healthful, plant-forward recipes and makes nutrition approachable with easily digestible information. She serves as a nutrition consultant for brands and is also a freelance writer. When not in front of her computer or recipe testing, she can be found hiking, exploring the outdoors or diving into the vast culinary scene that makes up New York City.
Yes, You Need A Contract N I CO L E RO D R I G U E Z RDN, NASM-CPT CHAIR
My fellow NE-RDs: have you read They Call Me Supermensch, the memoir and business guide by music-manager extraordinaire Shep Gordon? I highly recommend adding it to your 2021 book list (OK, maybe I’m a little biased toward all the Teddy Pendergrass content) and taking to heart some of his lessons on successfully conducting business guided by compassion. And while he somehow managed the aforementioned artist and Alice Cooper for 30+ years sans contract, the same can’t be managed in dietetics when your expertise and likeness are on the line. As the kids these days might say, I don’t know who needs to hear this, but yes, you DO need a contract. Because we are often guided by compassion (that’s why you studied dietetics in the first place, right?), we sometimes fall into the trap of lending our credentials, likeness and time without protecting our own best interests. And when we’re just starting out, discerning the potential benefits of exposure from flat-out being taken advantage of presents another set of challenges. Surely I’m not the only one who’s been burnt by offering my likeness in good faith, but I’ll share the cautionary tale of a dietitian and fitness trainer. For argument’s sake, let’s call her Nicole Rodriguez. With her heart in the right place and wanting to spread the word about an up-and-coming fitness equipment manufacturer, she enthusiastically posted positive Amazon reviews, a blog post and tagged the brand on social media. Feeling small, she was thrilled when the brand reached out to her about improving the product, offering prototypes, asking to share her videos and eventually asking for more paid
content pending approval. While fitness-related content was her jam anyway, she was pretty disappointed to see photos of her butt (I mean covered in spandex obviously, but still) as the brand’s promotional materials on Amazon, and to be denied the agreedupon price for workout videos. Silly Nicole – sounds like she should have protected her LIKENESS with a contract.
Because we are often guided by compassion, we sometimes fall into the trap of lending our credentials, likeness and time without protecting our own best interests.
So, before you get into the nitty-gritty of lawyer-speak and fine-tuning contracts, please be reminded that no matter how small a brand you feel you are at the moment, you don’t know where you’ll be in six months, let alone six years, and a handshake or verbal agreement, whether dealing with a stranger, fellow influencer or family “friend,” isn’t going to cut it. One more time for the folks in the back: GET IT IN WRITING! Nicole Rodriguez, RDN, NASM-CPT, resides in the metro New York area, where she offers in-home meal prep, small-group training and nutrition coaching. Additionally, Nicole serves as a communications consultant and as the in-house dietitian for NavaFit (an app that connects workout buddies across the country). A passionate Master of Beef Advocacy, she’s on an eternal quest for the best burger and sharing facts about the animal agriculture industry along the way. Eager to make a positive impact on the next generation, Nicole recently took on the role as leader of her daughter’s Daisy Girl Scout Troop.
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DIVERSITY CORNER
Diversity in Dietetics: Pro Bono vs. Quid Pro Quo D R . CA R E E J. COT W R I G H T PHD, RDN DIVERSITY LIAISON
It is customary for attorneys to offer their services pro bono, or free of charge, for clients in need. Another common practice in the legal field is arranging a quid pro quo for their clients. Grammarly defines a quid pro quo as “doing something in exchange for something else.” I offer a unique application for both terms when considering how to promote diversity in the field of dietetics. I have a close friend who offered her dietetics skills pro bono, and she gained understanding and empathy in a way like no other. My friend volunteered at a local health clinic to give her talent to people who would otherwise not have access to a registered dietitian. The sessions changed their lives, but unexpectedly also changed hers. She told me that she volunteered all those years because she was an outsider through and through. "Here I was trying to develop a nutrition education resource for an audience that I knew nothing about. I wasn’t southern, I didn’t know anything about the south, and I’d never struggled with limited income, so I wanted to just hang out with people that I intended to serve." Since she couldn’t just “hang out” and get to know everyone, she opted to use her RDN skill set as an “in” so that people would have a reason to want to hang out with her (in appointments). She found that her pro bono sessions quickly became a quid pro quo. “I got to learn about their lives, and they got to learn about how to manage diabetes,” she told me with a bright smile. My friend also revealed her volunteerism could not be a “one-off.” She gained full immersion with her clients. She got to know their challenges, but more importantly, their strengths. In my own ventures into being a nutrition entrepreneur, I seek to determine how to interpret scientific
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messages to the masses. I am sifting through nutrition research outcomes and landing them on the plates of everyday people so they can take it in bite by bite. When I started, I wrestled with knowing the endgame and ultimately the pay scale for what
Here I was trying to develop a nutrition education resource for an audience that I knew nothing about. I
I was doing. One day, I decided to just do it and give it away. I’ve been putting myself out there; speaking, teaching, cooking and leading in my way. I honestly do not know where this pro bono approach will lead, but I do know it is a part of my mission, which somehow makes the path seem clearer. I hope you are inspired to promote diversity in dietetics without expectation. You may find that your pro bono heart leads your mind to a quid pro quo that you never expected. After all, learning about yourself and others while offering your clients a place at the table with delicious, hearty, nutritious nuggets, of course, is priceless.
wasn’t southern, I didn’t know anything about the south, and I’d never struggled with limited income, so I wanted to just hang out with people that I intended to serve.
Caree J. Cotwright is a registered dietitian, lover of food and cooking and an assistant professor at the University of Georgia.
Keeping Your Virtual Practice HIPAA-Compliant A L I S SA RU M S E Y MS, RD, CDN, CSCS DIRECTOR OF MENTOR SERVICES
While virtual practices have been growing in popularity over the past few years, the COVID-19 pandemic caused more dietitians than ever to turn to telehealth to provide patient and client care. When implementing telehealth in a private practice setting, it’s important to take steps to understand the current legal regulations around patient and client confidentiality. The Academy of Nutrition and Dietetics Code of Ethics states that all dietitians must “Safeguard patient/client confidentiality according to current regulations and laws.” One of those laws is the Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA. Individuals and companies who are known as “covered entities” are legally required to comply with the HIPAA law. CMS.gov defines a covered entity as healthcare providers who submit certain HIPAAcovered transactions electronically; the “certain transactions” are all related to billing insurance and making inquiries with insurance such as statements of benefits. Dietitians in private practice who accept insurance must comply with HIPAA regulations; dietitians who do not accept insurance may not fall under the regulations of HIPAA. However, compliance is considered a best practice and
patient/client confidentiality is part of our code of ethics. When thinking about patient and client confidentiality, there are several factors a dietitian in virtual practice must consider: 1 Where you chart/keep client notes 2 Where/how you store client information 3 Communication with clients, including video conferencing systems 4 Methods of payment 5 The physical location of both the client and the dietitian According to HIPAA guidelines, a provider must have a business associate agreement (BAA) on file for any platform or technology that the provider is using to store or process client information and communicate with clients. For example, a BAA is needed when using a video conferencing system to talk to your client, when using Google Workspace or other email providers, and when using an electronic health record to chart and store client information. For this reason, Electronic Health Records (EHR) or telehealth platforms are useful tools as they provide an all-in-one confidential, secure, HIPAA-compliant portal in which you
can chart, store client information, communicate with clients, accept payments, process insurance transactions and more. Popular EHR platforms include SimplePractice, Practice Better, Kalix and Healthie. Many of these platforms have HIPAAcompliant video chat capabilities built into them. Another popular free HIPAAcompliant video conferencing system is Doxy.me. Certain video systems like Zoom offer you the ability to sign a BAA with them and be HIPAA-compliant for a fee. In addition to considering the technology you use and how you communicate with clients, the HIPAA law requires that all practitioners deliver a notice of privacy practices (NPP) to clients which outlines how you use and disclose a person’s protected health information (PHI) and the patient/client rights. You must get written acknowledgment from your patient/client that they received and reviewed your NPP. In addition, a practice’s NPP must be posted on the business website (and in the office, if the business has a physical location). Lastly, when conducting virtual patient or client sessions it’s important that you have a secure space where you can carry out the session confidentially without any of your family members or other people around to hear your conversation. Alissa is the founder of Alissa Rumsey Nutrition and Wellness, a weightinclusive virtual private practice, and the author of Unapologetic Eating: Make Peace with Food and Transform Your Life. In addition to her private practice, she works with dietitian entrepreneurs to help them start and grow their nutrition businesses. Alissa calls New York City home and spends her free time exploring the city’s food scene and searching for patches of green space to sunbathe in.
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CPEU ARTICLE 1
Protect Your Practice: Understanding Contracts, Copyright and Disclaimers KA R E N A . M I L LS JD, RDN, LD
Congratulations! You have taken that bold step and ventured out on your own. It is hard work to create a practice that reflects who you are as a dietitian, so it is important to protect that investment of time and energy. Protecting your practice means understanding the contracts you enter into and using copyright and disclaimers when appropriate. This article will translate the components of contracts and discuss scenarios in which contracts should be used. It will also explain what copyright and disclaimer protections are, and how and when to use them to protect your dietetic business.
CONTRACTS
A contract is an agreement among two or more parties that itemizes what each party has agreed to do and describes what happens when they don’t.1 Seems simple and straightforward, doesn’t it? Contracts can be simple or very complicated depending on the nature of the relationship and the risk the relationship exposes you to. There are some essential steps when considering whether to enter into a contract. Most importantly, read the contract. All of it. By signing a contract, you are agreeing to do everything that the contract states, so it is vital that you are aware of and understand what you have promised to do. An attorney can help decipher the legal language, but do not rely on your attorney to understand dietetic lingo, as that is your specialty, not theirs. Your attorney probably doesn’t understand the difference between MNT and health coaching and the insurance reimbursement implications of each. Next, contracts should be written, not verbal. Never assume that someone will do something if it is not expressly written into the contract. Perhaps a company has verbally promised to pay you 30 days after invoice
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submission. If the contract does not exactly state that, the company has no obligation to pay you within that time frame and you have no way to force payment. The more precise you are in your contract wording, the less room for a misunderstanding. If you aren’t sure what a particular contract clause means, and your attorney cannot clarify it, change the language of that clause. Contracts manage expectations. So, if you expect a party to do something, do not assume they will. Get it in clear writing! Contracts can contain many components, some of which are fairly straightforward, others much more complex. There are a few clauses that, if they appear in a contract, you should make certain you fully understand before you agree to them. Note that some of the clauses discussed below can also appear as separate, stand-alone contracts. Some contracts contain an indemnity or hold-harmless clause. This clause is usually activated when you do something wrong - when you don’t follow the terms of the contract or when you do follow the terms but do so in a negligent manner. Under this clause, when you do something wrong, and the other party incurs expenses because of this, you must reimburse the other party.2 As long as you are following the contract terms with care, this clause is not likely to be triggered. Be aware of non-compete clauses. A non-compete clause usually appears in one of two ways - prohibiting similar services or prohibiting contact with clients or patients after the contract ends. Non-compete clauses can cover the contract term and often continue after the contract ends. For example, a contract to provide bariatric counseling services may have a clause stating that you cannot provide any bariatric counseling services on behalf of yourself or any other company during the contract term or after the contract ends for a period of one year. This means that you can provide other dietetic
services, just not bariatric counseling during and after the contract. Sometimes non-compete clauses state you cannot contact or provide services to any clients or patients of the company that hired you after the contract ends. This means that you are free to provide services to anyone else, just not a person who was a client or patient of the company at the time your contract ends. This type of non-compete clause is sometimes called non-solicitation. In either event, signing a contract containing a non-compete or non-solicitation clause requires some serious thought as it will limit your future business. Confidentiality clauses are another type of clause to be aware of. Confidentiality provisions can extend beyond HIPAA and include requirements that you keep businessrelated types of information confidential. Confidential information could include client lists, client acquisition processes, company proprietary programs or software, trade secrets, or intellectual property. This sort of clause often extends beyond the contract term as well. Be aware of what your contract considers confidential information because you could be held liable if you disclose that information to third parties. Contract clauses regarding intellectual property may also be important. If you hire someone or are hired to write something, develop a program, create a video or something similar, include language that discusses who owns and may copyright, use or profit from that work once created. See the section on copyright below for more discussion on this topic. So, when do you need a contract? Really you should have a contract every time you or your business enters into a relationship with another person or company. Do you have business partners, consultants, service providers, vendors or employees? Do you rent space? Do you sell things, create content for others or provide
services? Are you an independent contractor? Do you hire accountants, lawyers, web designers or marketers? All of these business relationships are best defined by contracts, as contracts say who does what, how and when, and describe what happens when someone drops the ball. Protecting Your Practice Pro Tips y Always read contracts y Never assume! Get it in writing. y Business relationship do better with contracts. y Protect your creative works with copyrights y Protect your business with disclaimers y Hire an attorney
COPYRIGHT
Copyright is a legal concept that grants exclusive rights protections to creators of written materials, art, videos, music and other artistic works.3 These rights prevent others from copying, selling, distributing, or otherwise using or profiting from the copyrighted work without permission.3 A copyright may be granted to an individual, more than one person or a legal entity (like a business). Generally, copyright protections begin when you create a work and last for the author’s lifetime plus 70 years, at which time the copyrighted work becomes a part of the public domain and can be used without permission.4
explanations interrupted with pictures or videos before you get to the actual recipe. Another way to copyright a recipe is to combine several recipes and publish them as a book.5 There are two instances when you may create a work, but never own the copyright - these instances are called “works made for hire.”3 If you work for a company and create a work in the course of your employment, that is considered work made for hire.3 For example, if you are an employee of a hospital and you create a video class on the DASH diet as part of your job, the hospital can copyright the video, but you cannot. You can also enter into a contract to create a work made for hire.3 A publisher might enter into a contract with you as a freelance writer to write a DASH cookbook. Perhaps the publisher pays you a lump sum for your writing, but the publisher keeps the rights to and any sale profits from the cookbook. In both cases, ownership of the copyright belongs to the person or business that hired you. As the creator of a work, you can also sell or transfer your copyright to another party by entering a contract to do so.3 Once you transfer your copyright, you no longer have control over what happens to your work, and you do not receive any profit from the use of your work unless otherwise provided for in a contract.
Obtaining copyright is a fairly straightforward process. You may place a notice of copyright on your original works.3 This notice must include in a noticeable way the word “Copyright,” its abbreviation “Copr.,” or its symbol ©, the year of first publication and the name of the work’s owner.3 For example, “©2020 Mary Smith.” Copyright notice is not required to claim some copyright benefits; however, it does place others on notice that you claim copyright on your work.3 Consider placing one on any work you create, even if you choose not to register it. You can take copyright protection an additional step by registering your copyright with the Copyright Office. By registering with the Copyright Office, your claim is public.3 Although registering is not required, it is necessary if you want to sue someone to enforce your copyright.3 Registering a copyright is simply a matter of submitting an application to the Copyright Office along with a small fee and a copy of the work being registered.3 You do not need to publish your work to obtain the copyright protection you get from registration. However, if you do publish your copyrighted work, you are required to provide the Copyright Office with two complete copies of your work within three months of publication.3 See copyright.gov for forms and fee schedules.
While it seems that you can copyright everything you create, there are a couple of notable exceptions. Although you might think of a website as “written material,” the website itself is not covered by copyright (it is covered by domain name registration). However, any original writing, videos, artwork or other content posted on that website can be covered by copyright protections.5 Recipes themselves cannot be copyrighted. In order to copyright a recipe, you must include “substantial literary expression in the form of an explanation or directions” with that recipe.5 This explains the online trend of wordy stories and
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DISCLAIMER
A disclaimer is a statement warning people who read your content or purchase your products that you are not responsible for what might happen if someone follows your advice.6 Disclaimers can stand alone or be part of terms of service, terms of use, or terms and conditions.7 But don’t you want people to take your advice? As a dietitian, you are a part of the medical community. When you treat a patient, you tailor your advice and intervention to that specific individual. A blog post, for example, is information that will (hopefully!) be inspiration for many to change their behaviors. But since you don’t screen every reader of your blog to be certain that your post is appropriate to every reader’s specific health needs, someone may inappropriately follow your advice. Supplement or other product sales, blog posts, website content, books, magazine articles, meal plans, handouts, and videos that you post or publish under your dietetic umbrella all have the potential of being seen as specific professional advice.8 If someone takes that advice or purchases a product and suffers harm, you might be liable for that harm. Clear disclaimer language can help protect you in the event you are sued.8 Just like a dietetic intervention, there is not a one-size-fits-all answer for what should be contained within a disclaimer. If you sell products or supplements on your website, your disclaimer may be very different from someone who only blogs about diet trends. Disclaimers should be relevant to your specific practice. Common disclaimer language includes declaring that any information provided is for educational purposes only; stating that the information should not be construed as professional advice, diagnosis or treatment; and recommending that the reader consult with and follow the guidance of their own healthcare team.8 Disclaimers can also include notice that content or pricing might change without warning. It is important to consult with an attorney to help you craft a disclaimer that fits your practice.
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How to Find A Lawyer y Best method - ask friends, family, colleagues, and your accountant for recommendations. y sba.gov Local Small Business Association offices may have lists of llocal attorneys. The SBA also has links for womenowned business help. y americanbar.org in the Legal Services Group you can find lawyer directories
CONCLUSION
When used appropriately, contracts, copyrights and disclaimers can shield you and your practice from liability. In order to ensure your practice is protected, it is best to engage an attorney. The initial attorney costs can save you money and heartache down the road. Interview a few lawyers before hiring one and always get a cost estimate in writing before letting an attorney start work. DISCLAIMER: This article is for general information purposes only. The author is not a practicing attorney, and none of the foregoing should be construed as legal advice or counsel. Readers of this article should not act or refrain from acting on the basis of information provided within this article without first consulting an attorney.
REFERENCES: 1 Legal Dictionary. Contract law. Available at: https://legaldictionary. net/contract-law/ . Accessed on December 18, 2020. 2 Nolo. Indemnification provisions in contracts. Available at: https://www.nolo.com/legalencyclopedia/indemnificationprovisions-contracts.html . Accessed on December 18, 2020. 3 U.S. Copyright Office. Copyright Basics: Circular 1. Washington, DC: U.S. Copyright Office; 2019.
4U .S. Copyright Office. Chapter 3: Duration of copyright. Available at: https://www.copyright.gov/ title17/92chap3.html . Accessed on December 18, 2020. 5U .S. Copyright Office. Frequently asked questions about copyright. Available at: https://www. copyright.gov/help/faq/index.html . Accessed on December 18, 2020. 6C ambridge Dictionary. Disclaimer. Available at: https://dictionary. cambridge.org/us/dictionary/ english/disclaimer . Accessed on December 18, 2020. 7 Helm J. & Jones R.M. Practice paper of the Academy of Nutrition and Dietetics: Social media and the dietetics practitioner: Opportunities, challenges, and best practices. J Acad Nutr Diet. November 2016; 116:1825-1835. 8F ox M. Legal risks of social media: What dietetics practitioners need to know. J Acad Nutr Diet. November, 2012; 112:1718-1723. To obtain CPEU credit, go to the CPE Library at nedpg.org. The Newsletter Courses area will house the CPEU article and quiz.
Karen A. Mills, JD, RDN, LD, is the owner of TheHealthyCulture. com. She is a former attorney who traded contract negotiation for nutrition counseling. Currently, she writes, speaks, and assists clients in developing their own Healthy Culture - a personalized nutrition, health and wellness plan that considers time constraints, family traditions, culture, health concerns and budget. When not eating her way around the world, Karen is hard at work at her home office in Oregon.
CPEU ARTICLE 2
How You Can Interpret and Negotiate Contracts To Get What You Want and Deserve B O N N I E TAU B - D I X MA, RDN, CDN
Until I began a media coaching business for RDs to show them how to get their names in the news and how to work with brands, I never realized how many RDs didn’t regularly rely on contracts to clarify and solidify the terms of their professional relationships. Yet in looking back, I know what that’s about. Years ago, I also believed verbal agreements were good enough. But they’re not. Here’s an example of what happened to me: I got my first job in dietetics many, many years ago as a clinical dietitian and then went on to become an assistant chief dietitian, with both jobs in major New York City hospitals. Although those were my full-time day jobs, they were just the beginning of my simultaneous explorations in the field of dietetics. Since as a hospital dietitian, my hours started early in the morning and ended later in the afternoon, I spent the rest of my days writing stories for magazines, giving presentations, conducting media interviews and counseling private patients. Our profession was like the Wild West; not many people were dipping into the types of activities I was doing, so since there was no one to learn from, I had to carve my own path. The words “niching down” never crossed my mind.
draw up one of those wordy documents laced with legalese because I didn’t want it to jeopardize my chances to get that job. But eventually, I caved. As it turned out, when presented with a contract, the restaurant owner had no interest in treating me fairly: the fee he was offering and the time he demanded were not worth the experience. I took a pass on that job and wound up working with a much more prestigious restaurant soon afterward. As my mother always said, “When a door closes, a window opens,” and I’ve believed in that mantra throughout my career. I did, however, learn an important lesson from that first encounter with a contract. You might think that having a solid contract could limit the jobs that you’re
offered or that you might be thought of as a dietitian diva if you’re asking for too much, but it’s more important to consider what you’ll be giving up if you don’t have something in writing. A contract could protect you and your business from being taken advantage of and help you get all that you deserve. I used to have a love-hate relationship with contracts. Basically, I loved to get them and I hated to read them! Despite the importance of knowing how to interpret contracts and how to adjust these agreements to meet our particular needs, there is very little content addressing this need in the dietitian community. For example, many dietitians don’t realize the importance of having a contract or non-disclosure agreement when hiring interns, virtual assistants or collaborating with other RDs.
During that time, I hadn’t even thought about having contracts for my business. For me, in those days, it was just conversations and handshakes that set projects in motion. It wasn’t until years later, when I met my husband, Mitch, that a contract (besides a marriage contract) came into my life. Here’s what happened: I had an offer to consult with a restaurant and re-design its menu to include healthier options. When I gleefully described this unique opportunity to my husband (my lawyer boyfriend at that time), he immediately asked if I had a contract with the restaurant. I was reluctant to have him
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(...Continued from page 9) We need to start depending on contracts as other professionals do, for the power of protection and to clearly spell out our scope of work and much more. Knowing how to navigate and negotiate contracts is crucial for RDs, especially when they are working with brands and getting their voices heard across a variety of media platforms. Having my in-house (literally) attorney, I’m comforted in knowing Mitch is more well-versed about the dietetics profession than any lawyer I’ve ever encountered, and, as you’ll see, when choosing an attorney, it’s essential that you choose someone who understands the nuances of your
practice. It’s true that contracts can be intimidating since they are filled with terrifying terms that we weren’t taught in school. I have learned to tear apart a contract section-by-section to read between the lines, but I still glaze over and need to get help navigating confusing clauses, like force majeure — especially during a pandemic. Although I could write a book on this topic, to help you get past a few of your contract anxieties and demystify the typical kind of contract terms that you’re likely to encounter, let’s deconstruct some tricky terms:
PARTIES SIGNING
Contracts often involve dealing with multiple parties. You need to understand who it is that you are contracting with, what each party is responsible for, which party has the legal authority to enter into the contract and which party is responsible to pay you.
TALENT
Entering into a contract in your own name can leave your personal assets exposed to claims that could arise out of a contract. So it might be in your best interest to take advantage of some form of corporate protection. The most common of them is a limited liability corporation (LLC). The type of corporate entity that’s best for you may vary depending on your state, tax structure and personal circumstances.
TERM OR LENGTH
The length or duration of a contract is not always what it appears to be. Normally, you would think that it runs from the beginning date until the end date that’s stated in the contract. However, you may unknowingly be giving up rights or creating obligations that may extend well beyond those dates which you could have, and possibly should have, been compensated for. You might be asked to extend your contract through words that may say, “through your term and 6 months to follow.” Feel free to cross that language out or modify it to suit your needs regarding the length of use of your materials.
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You should never be afraid to make changes to a contract and never hold back from asking for what you deserve, even if you think they’ll say no.
SCOPE OF WORK
Perhaps this is considered to be the most important element of your agreement because it not only defines what you’ll be doing under the contract but how much you’ll be getting paid for it. If you’re not very clear about exactly what it is that you will be doing for the client, you may wind up engaged in activities beyond the amount of work you planned on performing. Keep in mind that this section should be for the activities that you can absolutely guarantee because they are within your control, such as blogs, presentations, newsletter inclusions and social campaigns. If you are doing media interviews, I would reserve those activities for an addendum, or exhibit, to your contract, so that should an opportunity arise for broadcast, then your rates would already be established for these services and there wouldn’t be any further need for negotiations.
COMPENSATION
In order to enforce a contract, you need to demonstrate that both parties exchanged something of “legal value” (which can mean something other than money). This element addresses the different types of compensation that can support an enforceable contract, as well as exactly how much (total amount) and when (at signing, half upfront, divided into thirds, etc.) and how you’ll be paid (check, direct deposit, products, etc.). Here’s where I have to go on a tangent and say that when it comes to compensation: don’t sell yourself (or our profession) short. Keep in mind how much you paid for your
education and your internship, your expertise, your time and your overall value. I, personally, am not in favor of lending my name and likeness in exchange for a product or samples; it’s better to negotiate for cash and then buy whatever products you’d like.
IN PERPETUITY
Unless your contract is incredibly short (i.e. for a specific event, holiday campaign, etc.), the length of your contract may dictate how long you won’t work with other companies. Since there’s nothing that I would agree to do forever, I would delete the words “in perpetuity.”
FORCE MAJEURE (“MAJOR FORCE”)
This is a clause that relieves a party from certain responsibility under the contract if it is prevented from performing because of circumstances outside of its control (like an act of God, natural catastrophe or even a pandemic).
CONFIDENTIALITY/NONDISCLOSURE
This language restricts you from revealing anything about the contract, the company that you’re working with, or even what you’re working on, to any unauthorized third parties.
EXCLUSIVITY
This section could determine how limited you might be when you work with a brand, so you need to be really careful about the size of the net being cast when contracts include the other foods or products that you are not going to be working with.
REPRESENTATIONS AND WARRANTIES
These are statements made in a contract that legally bind the party making them. A failure to keep your contract representations and warranties (like the failure to adhere to FTC guidelines) could constitute a breach of the contract and expose you to monetary damages.
INDEMNIFICATION
This is language that requires one party to restore or make the other party whole in the event of a breach. This is a very important provision because it could expose you to personal liability or require that you forfeit fees that you may already have been paid, even though you already did the work.
BREACH
Essentially a contract breach is a “break” in the proper performance of a party, resulting in the shortening of the contract’s length. When the contract is broken, that creates a potential claim by a party for damages (which generally means money). Therefore, you should look to ensure that you are given prior written notice of any breach, as well as a reasonable opportunity to “cure” or “correct” a breach before the other party can be allowed to commence any legal action against you. Of course, all of the above clauses will be lengthier in your contracts with lots of “heretofore” and “mutually agreeable” language. Read each word carefully since even simple words like “and” and “or” could make a huge difference in the meaning of a sentence and the scope of your responsibilities. In summary, perhaps the most important lesson Mitch has taught me when it comes to these agreements is that you should never be afraid to make changes to a contract and never hold back from asking for what you deserve, even if you think they’ll say no … because if you don’t ask, it’s guaranteed that you won’t get what you want!
REFERENCES: 1 Black’s Law Dictionary: thelawdictionary.org/ 2 Law.com Legal Dictionary: dictionary.law.com/ To obtain CPEU credit, go to the CPE Library at nedpg.org. The Newsletter Courses area will house the CPEU article and quiz.
Bonnie TaubDix, MA, RDN, CDN, is the award-winning author of Read It Before You Eat It – Taking You from Label to Table, and creator of the website and blog, BetterThanDieting.com. Bonnie is a media personality, media trainer for RDs, spokesperson, motivational speaker, journalist, and corporate and brand consultant. She specializes in helping RDNs get their names in the news and building their businesses.
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SOCIAL MEDIA CORNER
Best Practices for Your Business Instagram E M M A FO GT MBA, MS, RDN, LDN, FAND NE MENTOR
Instagram (IG) was launched in 2006 and now has one billion active users. With a new business account platform, it’s no wonder that more than 25 million companies are using Instagram for business with more than 200 million users visiting one business profile each day.¹ Personal IG accounts have been around for a while, but the new Business IG was recently launched in March 2019.² In general, Instagram accounts have evolved from posting favorite taco recipes and dog pictures to now having creative and fun features. A profile page, public reach, visual grid and ability to post videos on Stories, IGTV and Reels are now a part of both Personal and Business IG accounts. Having all these features on both platforms then begs the question: Why should you consider having a Business IG account? The Business IG
account has four features (for now) that can help augment your followers’ reach and boost your audience engagement to consequently grow your business. For the sake of simplicity let’s call these Business IG tools RISP. RISP stands for Reels, Insights, Swipe-Up and Promotions.
REELS
Reels are a great way to make 15- to 30-second video clips on Instagram. These mini-movies have music, text and effects to make them highly entertaining. The advantage of Reels is that your videos are front and center and can make maximum impact in just a few seconds. Once you make your Reels live, they can be shared on your Stories for 24 hours, housed on the Reels tab or found on the Explore page. The advantage of a Business IG Account is that it is public, so Reels have the chance to be seen and discovered by the wider Instagram community in the Explore field. If you share your Reel in the Feed tool, then the Reel will be shared with your followers. In November 2020, Reels were encouraged to go
front-and-center with product tags that can be promoted as ads as well. Thanks to interoperability, Instagram Reels may be coming to Facebook.³
INSIGHTS
Instagram Insights provides a breakdown of your Instagram performance by various metrics. This includes new followers, profile views, impressions, number of posts, reach, website clicks and email clicks. The data is extremely valuable to be able to define your market, track comments and video views, and even get a handle on your demographics. You can literally find data about your followers, such as gender, age, location and activity peaks. From this data, you are able to build excellent content for your target audience and ideal client. You can see which posts perform best and strategize to repost similar posts. While most people focus on follower count, you’ll learn more about what your Instagram marketing is doing for your business by looking at profile views, reach and website visits.
SWIPE UP (FEATURE AVAILABLE WITH OVER 10,000 FOLLOWERS) Business profiles with over 10,000 followers have the ability to include a Swipe Up feature in Instagram stories. This feature has many benefits like driving traffic to your homepage, including an affiliate link to earn commission, or pointing your audience to any direct call-to-action you may wish for them to take. I love to watch colleagues with over 10,000 followers use their Swipe Up in creative ways - from advertising their next IG Live interviews to posting promos, prizes and new product offers, from adding recipes to connecting to other links from external websites. This feature is very powerful and clearly a beneficial feature for a group of skillful and proficient NEDPG IG influencers.
PROMOTIONS
Business IG Promotions is another word for advertisements. This business IG feature provides a way to buy ads so you can promote your post to your followers as well as people whom you do not follow. Promotions can be in the form of videos, photos,
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slideshow, carousels or stories with specific campaign objectives to choose from.4 In addition to paid ads, influencers or accounts with impressive follower count and competitive engagement can make money on posts that are sponsored. Many companies want to get their brands in front of influencer audiences, and in return, influencers can make a commission on brand products. If you are an influencer posting contentsponsored brands, or an affiliate marketer selling others’ products, or you want to sell your own products, think about Promotions and how you would like to work that into your social media strategy and Business IG.5 Table 1 summarizes some of the similarities and differences between a Personal and Business IG. Overall, using a Business IG allows for effective use of the RISP features to optimally engage your audience. No matter which platform - Business IG or Personal IG - it is clear that social media allows nutrition entrepreneurs to share high-quality content in a consistent manner for business growth as well as build powerful and effective relationships and brand loyalty.
GLOSSARY
y Visual Grid: The grid-like layout of Instagram accounts. y Stories: Instagram Stories allows users to upload content created (videos and photos) for a period of up to 24 hours on their “story.” These stories can then be housed in a highlighted section of the IG account - like a file system for users to see accumulated posts by category.
y IGTV: IGTV and YouTube are similar video applications. IGTV can be promoted through Instagram Newsfeed with a oneminute preview. If the content is compelling, your audience can click “keep watching” for the full video. Videos can be up to 15 minutes from a mobile device. y Tag: IG tag is to place a @ before a username. This is a direct way to interact and gain the attention of a person or brand. y Profile: Where you tell people on IG who you are and call to action.
TABLE 1: COMPARING BUSINESS TO PERSONAL IG BUSINESS IG
PERSONAL IG
Visual Grid Stories Reels IGTV Tag Profile Page Promotions Insights
Visual Grid Stories Reels IGTV Tag Profile Page No Promotions No Insights
PLATFORM
Public
Public or Private
FACEBOOK LINKS
One
Many
USERS
Business
Influencers & Business
FEATURES
REFERENCES: 1 later.com/blog/instagrambusiness-profile/ 2 perfectsearchmedia.com/blog/ brief-history-how-instagramsbusiness-features-have evolved 3 business.instagram.com/blog/ announcing-instagram-reels 4 shopify.com/blog/instagram-ads 5 hootsuite.com Emma Fogt, MBA, MS, RDN, LDN, is the owner of a digestive wellness practice called The Biome Kitchen. Emma was past chair of NE in 2013 and recipient of NE’s 2018 Outstanding NE Award.
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TECH CORNER
How to Maximize Google Workspace E M I LY H O L D O R F MS, RDN, CDN NE MENTOR
It seems like we’re all always looking for ways to make our lives easier, more seamless and increase our productivity. As entrepreneurs it can seem like we have to keep on top of all the new tech trends, purchase new platforms for our businesses and always be getting the next best thing. Let’s chat about how you can maximize Google Workspace (previously known as G Suite), which I personally find to be my most useful piece of technology for my business. Google Workspace’s main tools and functions are Gmail, Drive (which includes Docs, Sheets, Slides, Forms), Calendar, Meet, Hangouts - the list goes on. One of the first things to note is that you can make your Google Workspace HIPAAcompliant by signing a business associate agreement (BAA). This is important if you are conversing with clients/patients via email or housing any sensitive information within your Google Workspace. There’s also the opportunity to create a personalized email address using your domain name for ultimate professional communication. The Drive function is probably the most widely used since it allows for real-time updates and evergreen documents to be shared with multiple people. If you’re just getting started seeing private clients, definitely consider using Docs, Sheets, etc. as your EHR platform. You can keep client notes, track information and easily share resources electronically with your clients all through these Drive features. It’s low-cost, very user-friendly and low financial risk if you’re just testing the waters of private practice. You can also utilize the Forms feature to have clients fill out basic application info to work with you or gather other information. If you do any virtual work or have team members in different locations, I’m sure you know how vital Drive is to your business already. As dietitians, we probably all live and die by our calendars, so making 14 | nedpg.org
sure that your Google Calendar is synced with any scheduling systems you may have will help make your business tasks seamless and you’ll never forget a meeting or session. A couple of my newer favorite features are Keep and Jamboard. Keep is a note-taking tool so you can share memos, lists, voice notes and images across multiple devices. If you’re the type of person who always has great ideas at spur-of-the-moment times, you can voice-note this in Keep on your phone and be able to access it on your computer in the future. Jamboard is great if you are working with a team on a project or have associates within your business. It’s essentially an interactive whiteboard feature, which is great for brainstorming and organizing ideas as a group. Lastly, Classroom may be a cool feature to explore if you want to create courses within your business. I’m sure many parents are familiar
with this function by now after months of virtual learning, but there could be some really great ways to utilize Classroom as a course platform. All in all, Google Workspace has a lot of great features to help maximize efficiency at an affordable price. In my opinion, it’s a must for all business owners. Emily Holdorf, MS, RDN, CDN, is a registered dietitian located in upstate New York. Emily owns her own nutrition coaching business, EmPowered Nutrition, where she helps busy young professionals feel empowered and positive about their bodies and the food on their plates. She also creates easy, approachable recipes for her blog.
LLC vs. Sole Proprietorship vs. S-Corp ST E P H A N I E D O R F M A N MS, RD DIRECTOR OF MEETINGS
Time to get down to business - but, starting one could be kind of tricky. How do you know what type of business you should open as a registered dietitian? See below for the pros and cons for three different business types: LLC, Sole Proprietorship and S-Corp.
LLC
When a business is organized as a limited liability company (LLC), it means you cannot be held personally responsible for business-related debts - meaning you are legally separated from your business. With an LLC, the business can be owned by one or more members. How to Start an LLC: y File state paperwork and pay a fee. y Create an operating agreement to form and communicate important guidelines and details for your business. Without an operating agreement, the LLC is governed by state laws. There are also online resources to help you draft an operating agreement.
y To secure a business name that is different from your personal name, you need to file a DBA or “doing business as” through your state. Important Things to Note: y With a sole proprietorship, there is no separation between your personal assets and the business. You are responsible for all the business profits as well as all the debts and legal obligations. y To file taxes as a sole proprietor you must submit a Profit or Loss from Business form Form 1040 or Schedule C with your personal tax return. y You only pay taxes on the profit of your business.
S-CORPORATION
Forming a corporation usually happens when a small business is very successful and continuously growing. Starting an S-corp offers tax advantages while maintaining ownership flexibility. Similar to an LLC, a business organized as an S-corp is legally protected and separated from personal assets. The main differences are that corporations have shareholders and generally require more formal record-keeping.
Important Things to Note: y Once an LLC, you must keep your business and personal finances completely separate.
How to Start an S-Corp: y File forms and pay a fee.
y State laws may require certain LLC records to be submitted annually.
y An S-corp must have a board of directors.
y You and your personal assets are more protected against various business liabilities.
Important Things to Note: y S-corps are limited to 100 shareholders and all must be U.S. citizens or residents.
y Your business name will be protected within your state. y All profits made are only taxed once.
SOLE PROPRIETORSHIP
A sole proprietorship is when a business is unincorporated and run by one person - meaning that person is legally responsible for all business-related liabilities. How to Start a Sole Proprietorship: y No formal action is actually required if you choose to operate your business under your own name.
could seem very overwhelming. Since these legal decisions are so important when starting a business, I would recommend asking for help. There are great resources online; for example, LegalZoom has a lot of detailed and easy-to-understand information regarding starting a business and the legal requirements. Also, take advantage of the many dietitians who have already started a business and have been through this process. All of us entrepreneurs have been new business owners at one point or another and are here to help.
y The business may only have one class of stock.
y Consistent filing and fees are required to stay compliant. y The business is taxed once and only the shareholders pay taxes on the business’s profits through their personal tax returns. y There is flexibility to how the owner can characterize income, which could benefit the business when it’s time to file taxes. As dietitians, most of us do not have a background in law, so all of this
Stephanie is passionate about all things wellness, running outdoors, puppies, peanut butter and spreading all of the joy. When she’s not at her corporate food service job, you can find her running (usually in Astoria or Central Park), baking challah or laughing with family and friends. During the summer months, look for her at her favorite sleep-away summer camp, where her family still works and where her grandparents met. Stephanie loves being able to combine all her passions into her profession every day.
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DELEGATE’S CORNER
Critical Issue: Diversity, Inclusion, and Communication SHELLEY A. RAEL MS, RDN NE DELEGATE
The 2020-2021 House of Delegates (HOD) is working on one critical issue (formerly called mega issues) for the year: diversity, inclusion and communication. In October, the Fall 2020 meeting focused on “A Systems Approach to Accelerating Nutrition and Health Equity.” As a result of this meeting, a proposed cultural humility tool is being developed by the nutrition and health equity task force within the HOD in collaboration with other Academy groups and committees to help accelerate health equity and inclusion. A guide for this will be coming this summer.
In January, Delegates participated in a Policy and Advocacy Training on “Navigating Future Practice: VUCA.” The concept of VUCA describes environments characterized by volatility, uncertainty, complexity and ambiguity. How can we successfully navigate in an environment where things change rapidly and people struggle to trust health professionals, media, government and other historically trusted sources? The better we understand the realities of a VUCA world, the better prepared we will be to thrive in our profession. The Winter 2021 meeting held in February 2021 focused on “Implementation of the DGAs: Customizing to Meet Diverse Need” and asked the Critical Issue Question: How can the Academy and nutrition and dietetics practitioners support and inform the translation of the Dietary Guidelines for Americans (DGA) to apply to all? At this meeting, we discussed both strengths and opportunities on improving resources related to the DGA so they may apply to all populations with whom we work. We also discussed how we could develop resources for translating the DGA to diverse groups. The discussion included: y How can we best deliver messages about the DGA to our diverse population? y What populations can be better served? y How can we personalize the DGAs for the specific populations identified? The delegates discussed various populations that we, as Academy members, could do better at serving. We acknowledge that there is diversity even within the populations we discussed. We also gave input
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on who would be key stakeholders (including you) and what are the tools, resources and other ways to serve the underserved populations better. As always, work is ongoing, and the outcomes of the meetings will be shared with the appropriate staff within the Academy, including policy leaders, Delegates and Academy Members.
How can we successfully navigate in an environment where things change rapidly and people struggle to trust health professionals, media, government and other historically trusted sources?
As members of the Academy and Nutrition Entrepreneurs DPG consider the Action Alerts to communicate with our Congresspersons. Keep an eye out for notices for feedback from me, your Delegate, to help express opinions and needs to the Academy leadership. If you have questions, please reach out to me and ask.
Shelley A. Rael, MS, RDN, is the author of The One-Pot Weight Loss Plan. A life-long learner, like most of us, Shelley wants to experience or try nearly everything at least once in her lifetime, from trying a new adventure or experience, mastering a new skill, and of course, having a variety of food experiences.
REIMBURSEMENT CORNER
What You Should Know About Insurance Reimbursement N A N CY Z . FA R R E L L A L L E N MS, RDN, FAND REIMBURSEMENT CHAIR
As a private practice RDN, I began telehealth services in the spring of 2019. Fortunately, my HIPAA-compliant EMR and telehealth platform had been in operation a year before the COVID-19 pandemic hit. Yet, many RDNs were thrust into a sharp learning curve of immediately embracing a new healthcare delivery and billing system at the same time. But seize the opportunities, we did! Every week it seems a potential patient asks me “Do you accept my insurance?” Consequently, I am left to explain that it is the insurance company that determines whether or not to accept and credential my MNT practice as in-network or not. In addition, each insurance company has several plans, and the ownership of understanding the allowances of specific plans rests with the patient. However, the RDN must understand their responsibilities as the healthcare provider.
Tips to help you navigate the legal requirements of insurance reimbursement contracts: 1 Review the contracts you have with insurance payers. What are the terms for nutrition preventive services? What is the nutrition payment fee schedule? How will you set your private practice fees? What will be your estimated “write-off” amounts? 2 Know the most common CPT codes an RDN should use for billing purposes. These include codes 97802, 97803 for individual MNT visits; and 97804 for group education sessions. 3 There are new online digital assessment and management codes (98970, 98971, 98972) RDNs can use for potential reimbursement from private payers for their electronic communication with established patients. 4 Know the ICD-10 diagnosis code(s) an RDN can use successfully without a specific diagnosis (such as Z71.3);
and the terms for using other ICD-10 codes when a diagnosis is present. 5K now that private-payer guidelines can vary from state to state. For example, in some states, some private payers do not accept the RDN use of certain codes, such as E66.9 Obesity, unspecified. 6P atient plans can differ under the same insurance company. You will find that some patients will owe a copay while others will not. 7 Understand that previous contract restrictions were lifted in 2020, allowing for greater member reach and care through healthcare provider telehealth services. Know that these restrictions may very well likely be reinstated in some shape or form in the near future. Are you prepared? 8 If you are out-of-network with a client/patient’s health insurance company, do not assume that temporary telehealth policies apply. 9 The Academy has wonderful resources at eatrightpro.org/ resources/practice/getting-paid or you can email the academy at reimburse@eatright.org. Nancy Farrell Allen is the owner of Farrell Dietitian Services in Fredericksburg, Virginia. She is active in Academy Nutrition Advocacy and Public Policy initiatives and serves as an Academy National Media Spokesperson. Nancy teaches a graduate leadership course at Rosalind Franklin University of Medicine and Science. Working in the commercial talent industry, Nancy gained insight on not only being in front of, but also behind, the camera.
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Product Reviews: TITLE: Winning the War Within, 3rd Edition Instructors Manual: Nutrition Therapy for Clients with Eating Disorders
TITLE: Unapologetic Eating: Make Peace with Food and Transform Your Life AUTHOR: Alissa Rumsey, MS, RD
AUTHORS: Eileen Stellefson Myers, MPH, RDN, LDN, CEDRD, FAND, and Charlotte Caperton-Kilburn, MS, RDN, CSSD, LDN, CEDRD, FAND
PUBLISHER: Victory Belt Publishing Inc.
DATE: 2020
PRICE: $26.95
PUBLISHER: Helm Publishing, Inc. PRICE: $85 (on Helm) REVIEW: This manual is geared toward building on entrylevel dietetic skills and education for work with clients who have an eating disorder. It provides an introduction to eating disorders and guides the dietitian in integrating this with motivational interviewing, stages of change and Cognitive Behavioral Therapy (CBT). While the focus is on the use of CBT, the authors acknowledge that there are different ways to approach care for clients in this space. The manual includes case studies, numerous examples and 16 outlined counseling sessions accompanied by handouts and worksheets. All this is broken down into sections and together feels very supportive for someone starting in on this work. It is important to note that the pronoun “she” is used throughout the text in reference to the client. While authors acknowledge reasoning for this, I would highlight the need to focus on “they” or “client” instead, given that eating disorders are present in humans with all pronouns and identities.
DATE: 2021
What does it mean to eat unapologetically? In her new book, Unapologetic Eating, Alissa Rumsey, MS, RD, teaches readers two essential skills to eating (and living) without apologies: mindfulness and self-compassion. Rumsey expertly weaves lessons from her work with clients, research/historical analysis, and personal experiences to support readers who are looking to make peace with food and their bodies. From an intersectional and anti-oppressive lens, Rumsey provides practical strategies and journal prompts (useful for dietitians to use with clients) to support stepping away from dieting, viewing nutrition and movement as forms of self-care, and improving body image. This book provides the knowledge and actionable steps one needs to take to put frameworks such as Intuitive Eating, Health at Every Size (HAES®) and mindfulness into practice.
Unapologetic Eating isn’t simply about changing the way you approach food. Rumsey encourages us to use food as “an entry point to exploration and transformation” to change your life.
REVIEWER: Lisa Carrigg, MS, RD, APD
REVIEWER: Samantha Osterhaus, MPH, RD, LD
TITLE: Dietitian
TITLE: Registered Dietitian and Founder AFFILIATION: Mindfully Well, LLC
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TITLE: Master the Media E-Course DATE: 11/5/2020 INSTRUCTORS/CREATORS: Amy Gorin, MS, RDN, and Erin Palinski-Wade, RD, CDE, LDN WHAT IS INCLUDED IN THE PRICE: The course includes 35 modules, seven cheat sheets. This course is approved by the Academy of Nutrition and Dietetics’ Commission on Dietetic Registration for 13 CPEUs. PRICE: $697 TARGET AUDIENCE: RDNs looking to grow their private practice, book more speaking engagements, sign a book deal or land spokesperson gigs. REVIEW: Have you ever wondered what it would take to “break into the media” as a nutrition professional? Your question has been answered with the Master The Media E-Course developed by Amy Gorin and Erin Palinski-Wade. These media insiders provide a comprehensive primer on all things media for you to answer that exact question. This course offers everything to start to build the necessary skills and boost confidence to take the steps needed to enter the world of media. Because they have vast experience and knowledge of this material, they give practical tips, strategies and stories for the learner to figure out how to build their media presence by leveraging platforms and building
income streams. They offer the information in a variety of ways through the modules. Each module concludes with “Amy’s Take” and “Erin’s Take.” This is very effective as you can capitalize on their approaches through similar experiences and distinct perspectives. It is a refreshing and helpful way to get more insight into this broad, multi-faceted topic. The course includes 10+ hours of video instruction on topics including what you’d want to know about being published (print and web publications), getting quoted and getting on the air (radio, TV, etc.). Not only do you get to watch the videos that deliver so much content but Erin and Amy mix it up and add in some recorded phone conversations with experts in the field who provide invaluable insights into the various facets of media. They also provide a series of Insider Cheat Sheets that focus on a myriad of topics including how to craft winning pitches, how to find the right contacts and how to get booked on broadcast segments while leveraging your experience and positioning yourself as an expert in your field. I devoured this course quickly in large part because it is engaging, practical and enjoyable. This would be a useful course for any RDNs looking to demystify the world of media and identify their path to launch into the media with the tools, skills and resources needed to accomplish that goal. REVIEWER: Toni Toledo, MPH, RDN TITLE: Dietitian, Health Educator and Podcast Host AFFILIATION: Palo Alto Medical Foundation and PATH Positive Approaches To Health Podcast
NE Halfie Hours Join us each month for a Halfie Hour video chat with our mentor team to find support and connection. Bring any questions or concerns about your business and chat with mentors and other NE members. Visit nedpg.org/ne-halfie-hours for more information. It will be the most productive halfie hour of your day!
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Student Q&A with Seasoned Member In this NE Ventures Student & Seasoned Member Interview, NE student member, Kathryn Gradie Gazaway, interviews Kelly Jones, MS, RD, CSSD, LDN
Kelly Jones, MS, RD, CSSD, LDN, is a board-certified specialist in sports dietetics and a media and nutrition communications consultant. Kelly works with athletes at every level and consults with organizations such as MLB and USA Swimming, as well as various food brands. As a former athlete, business owner and busy mom, Kelly offers recipes and practical tips at KellyJonesNutrition. com. She will soon be launching a website, StudentAthleteNutrition. com, to help busy student athletes.
A: In a world where consumers are bombarded with so many fads and trends, I get excited about the ability to deliver evidence-based nutrition information in easily understandable and applicable sound bites. I feel a responsibility to ensure that consumers are able to take small steps that can improve health but aren't triggered into dieting, disordered eating and poor body image. Athletes in particular are at high risk for disordered eating, so I also get excited about helping athletes and their coaches recognize what healthy eating looks like for an athlete and allow athletes to understand that their performance isn't based on body size.
I've learned that I'm more efficient, enjoy my work more and can do a better job for my
Q: Describe your current job or role. What are the performance objectives for your job? A: The sports nutrition side of Kelly Jones Nutrition works with athletes at every level, including collegiate and professional athletes. Our practice has a plant-forward philosophy while also integrating principles of intuitive eating. I spend the majority of my time consulting for college teams, pro sports organizations and fitness clubs, as well as delivering online courses and speaking at conferences on sports nutrition. The media and communications side of Kelly Jones Nutrition still involves a lot of sports and fitness nutrition concepts. I oversee the brand's nutrition marketing messages and claims to ensure they are evidencebased and not misleading. I represent brands with these messages on TV in national media articles, digital video, articles and recipe development on social media. Q: What inspires you in this position?
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clients when I set boundaries.
Q: As a woman who balances being a mother, an athlete and an entrepreneur, your schedule must be very busy. What does your typical day look like? A: Since my business has a variety of revenue streams, there is no typical day. As my business became more successful in recent years, I started to delegate more tasks to contractors. One constant is that I wake up around 7:00 a.m. On the three days that my son heads to daycare, he is up by 7:30 a.m. and we’re out the door around 8:30 a.m. On the days he is home, I often use his naptime to tackle emails that have built up while on mom-duty or to work on recipe development. Due to the pandemic, my TV segments have been moved to my kitchen. On days I have TV segments or videos to record (two to four times per month), I’ll typically have prepped the night before. I spend the first half of my day getting
things set up and recording the segment. I refrain from scheduling 1:1 clients or webinars on the days I am recording. On the days when I don’t record, I dedicate the first half of my day to content creation for my courses, websites and social media channels, or writing articles, scripts or nutrition marketing pieces. Afternoons are when I may have 1:1 clients, webinars or seminars, or calls with brand clients scheduled. I do my best to have dinner ready before my son is home around 5:30 p.m. I should also mention that fitness is an important form of self-care for me, so on daycare days, I do try to make it to the gym to weight-train midday.
Q: What did you find was the biggest obstacle in growing your business and building your brand? A: I was [the biggest obstacle]! I truly enjoyed a decade as an assistant professor in higher education. Before having my son in early 2018, I was overextending myself managing a growing business while still working at the college. I was feeling burnt out and nervous to break away from the security of a full-time job and its benefits. I finally hired an assistant to help manage tasks for my roles in professional baseball and the media. Delegating and feeling less stressed gave me the confidence to leave the college position. I truly wish I had done it sooner. I used to feel obligated to always say “yes” to projects and had a hard time separating work and the rest of my life, but I've learned that I'm more efficient, enjoy my work more and can do a better job for my clients when I set boundaries. Kathryn Gazaway is currently studying dietetics at the University of Georgia with the goal of educating women and athletes on sustainable and healthy dieting practices. She hopes to continue her education at UGA with the pursuance of a master’s degree catered toward sports nutrition.
GUEST ARTICLE
Ethical Approaches to Private Practice Counseling MARIE MURPHY MS, RDN, CSSD
As dietitians, we are mandated to uphold the Academy and CDR Code of Ethics, which stipulates, among other things, that we utilize an evidencebased approach to practice. Our DPDs and internships have prepared us well for this approach. We are trained to stay within a clearly defined scope of practice, to assess scientific evidence and advise appropriately. The Code of Ethics also requires that we take into account “the unique values and circumstances of the patient/client and community, in combination with practitioner’s expertise and judgment.” This particular tenet of the code, however, becomes more nuanced and imperative in the context of private practice. In this context, practitioners use a collaborative relationship with clients in order to nurture change. Truly hearing our patients and creating a strong therapeutic relationship with our clients create a space for real and lasting change. Because private-practice dietitians tend to see clients who are motivated to change and to see them over a longer term, it is crucial to set the stage for the development of this therapeutic relationship from the outset. I have found the following aspects of practice to contribute most significantly to both successful health outcomes for patients and increased client retention for me. 1 Empathy: Patients in a privatepractice setting usually reveal more to their clinician than in a community or hospital setting. There may be raw emotions that surface with these revelations. I have found that when I allow patients the space to process these emotions, sessions become more fruitful. I give patients space by listening, allowing for silence and using empathetic body language such as eye contact, leaning in, etc. Empathy is important in showing that you care rather than being put off by an expression of emotion by your client.
2 Perception: In order to expertly account for a patient’s values and circumstance, we need to perceive answers to questions we’re not even asking, such as: y “How much money do you have to spend on food and supplements?” y “Are you depressed?” y “Do you have disordered eating patterns?” y “Are there personal conflicts in this patient’s life that might interfere with dietary decisions?” In my experience, the keys to expert level perception are lots of active listening and a detailed and comprehensive initial assessment. 3R eflective Practice: As with any job, we can learn from past experiences. As private-practice dietitians, however, we have the unique opportunity of guiding our own change and growth over time. We can start by knowing our strengths and weaknesses, our individual character traits. Over time, we can use client feedback, in the form of clinical outcomes, client retention and/or direct feedback, in order to assess what we can change about our approaches. In my experience, this reflection may need to be formal and written for new practitioners, while more seasoned dietitians can do much of the necessary reflection in the moment.
The above aspects of practice can provide a successful launching pad for the kind of therapeutic relationships we need to foster with clients in order to nurture change. By incorporating these into a private-practice model, we can ensure that we are upholding the code of ethics to which we are all bound in our profession. In turn, our clients will benefit by achieving their desired health outcomes, and our practice will thrive by retaining existing clients and attracting new ones.
Marie Murphy, MS, RDN, CSSD, is the founder of MEM Nutrition & Wellness. As a private-practice dietitian, Marie uses functional nutrition and mindfulness to help individuals reach their health and wellness goals. She is a board-certified specialist in sports dietetics, with a background in running and yoga. Marie calls the Hudson Valley of New York home, where she enjoys exploring the local mountains, rivers and lakes, and their abundant vegetation and wildlife.
Truly hearing our patients and creating a strong therapeutic relationship with our clients create a space for real and lasting change.
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STUDENT ARTICLE
Nutrition Education on Social Media: Evidence-Based Strategies KC C H U N G MS, RD
Many people turn to the internet for health information, so it is critical for RDNs to be present on social media to provide trustworthy, evidence-based information. Furthermore, RDNs need to uphold standards of professional practice by using evidence-based communication strategies.
KNOW YOUR AUDIENCE.
Many RDNs use social media to educate the public and reach out to potential clients. Just as in traditional settings, nutrition education on social media requires you to assess your audience and tailor your content accordingly. Persuasive writing and engaging content are vital to reaching your intended audience.
YOUR POST WILL BE MORE PERSUASIVE IF THE SUBJECT MATTER IS:
y Evidence-based. Promote current, evidence-based recommendations and provide references from reputable sources to establish your credibility and make your content more persuasive.
y Actionable. Give specific examples of what you are encouraging them to do. y Relatable. Establish yourself as a peer who models healthful choices instead of giving impersonal advice. y Emotionally resonant. Entertain your audience by making them curious or surprised. Show your authentic personality. Make useful content that addresses their confusion and anxieties.
WRITE A CAPTION THAT COMMUNICATES YOUR POINT EFFECTIVELY.
y Common, simple words. The fewer syllables, the better. Leave out technical jargon. y Keep it short. The shorter your post is, the more likely it is that users will read it. y Front-heavy. Give the most important information first. y Focused. Each post should only have one main theme.
y Clear purpose. It should be immediately clear to the reader what the post is about. y Positive tone. Be empathetic. Frame things positively,
promote a growth mindset and empower your audience. Note: A long caption will be shortened by the “Read More” clip, so place the most important point or a short summary at the top of the post. Alternatively, use the first few lines to spark curiosity and make the reader want to click “Read More.”
TO INCREASE ENGAGEMENT:
y Be entertaining. Appeal to common interests that your audience may have. Use emojis to add personality. y Be eye-catching. Include interesting statistics or other tidbits of information. y Make it stick. Memorable sentences may use rhyme, repetition or the power of three. y Invite engagement. Pose questions at the end of your posts to invite the audience to share their experiences, advice or questions. Turn the comments section into a public forum. Invite the audience to tag or share the post with a friend. For example: Perhaps a majority of your audience grew up watching Studio Ghibli movies, so sharing a recipe for a dish shown in one of the movies would be very engaging. You can ask at the end of your post: “What dish from a Ghibli movie would you most like to try?” There are strategies that can help you make engaging, useful social media content, but don’t let it stress you out too much. You will create the most authentic content if you have fun creating it.
Kc Chung, MS, RD, created a Social Media Nutrition Education guide for her Master’s project last year. She loves dogs, video games and helping others achieve their health goals.
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WEBINAR PRESENTER SPOTLIGHT
Navigating Your Book Contract G I N G E R H U LT I N MS, RDN
Ginger Hultin, MS, RDN, presented the webinar, “Mastering Your Nutrition Book Proposal,” for NE members in February 2021. In it, she shared the steps in the process that will lead to becoming a first-time author or set you up for success for writing more than one book or when switching publishers. To watch the webinar, head over to nedpg.org CPE Library Recorded Webinar Courses. So you’ve landed a book deal and you’re working on the contract – congratulations! Many of us work so hard to get to the point that we’re signing a contract for our dream book that it can feel tempting to skim the details and sign it right away. Not so fast - a book contract lays out what you’ll make on the project and also shapes your future rights as an author so it’s worth slowing down, understanding the contract and negotiating changes as needed. Here are some top items to look for:
ACCEPTANCE AND TIMING
In a book contract, it’s important to understand the deadlines for turning in parts, chapters and/or recipes. The timeline could be one of your most important areas of negotiation so consider how realistic it will be to set aside the time to write and test recipes if you’re working on a cookbook. Some contracts have the option to reject the work if you miss a deadline. If there’s a chance the piece could not be accepted, there may be a “kill fee” which is a fee that you’re paid when the other party stops the contracted work. Inquire if you get to approve the work before it’s published. Will you get to review the photos, layout, final recipes and manuscript? Inquire about what point the other party accepts the manuscript from you. Sometimes payment is contingent upon this step so understanding the timing is important.
COMPENSATION AND RIGHTS
It is critically important to understand how you’ll be compensated for the work. Some publishers pay a flat fee upon the acceptance of agreed-upon submission deadlines or sometimes in increments into the future. Ask about the publisher’s deadline for paying you. Consider negotiating some of the payment upfront, anywhere from 1050%, so you are funded from the start. Most publishers will provide “royalties” which means that you get a percentage of the sale of the price of the book. If the book sells well, you get more money. Many publishers offer an “advance,” which is money provided to you upfront for writing the book, and you get the royalty money after the publisher has earned back that advance. If you’re working with a literary agent, it’s typical that the agent will get 15% of the income from the book including the advance and royalties. Make sure to get clarity on how the agent will invoice and how long you’re on a contract with them. The longer you’re on contract, the longer the agent will be collecting payments but that’s also time that you’ll have the support of your agent and the potential to get more book deals. Make sure that you understand who holds which rights, including if the book is published in different countries or languages, digital/electronic or audio forms of publishing and the right to license your work to enterprises like movies/television or products. It’s important to know how much you’d be compensated in any of these cases. Finally, ask if you get any free copies of your book and/or what the cost is to you to buy copies of it in the future. This can be a really key way to market your book so consider asking for 20-50 complimentary copies to be sent to you upon publication.
CONFIDENTIALITY
There’s nothing more thrilling than announcing that you’re an AUTHOR! But contracts will often have confidentiality agreements that restrict how and when you can announce that you’re working on a project. Make
sure that you’re clear on this piece before you share the good news.
EXCLUSIVITY AND NON-COMPETE
Warning! Read your contract for details about this. Will you be blocked from writing on a similar topic in the future – including books, articles or even blogs? Make sure that you have freedom as a professional and as a writer and that your contract doesn’t restrain you from future endeavors or working with other publishers on future books.
Make sure that you have freedom as a professional and as a writer and that your contract doesn’t restrain you from future endeavors or working with other publishers on future books.
PHOTOS
Photography is an important part of many non-fiction books and cookbooks. Are you as the author responsible for the photographs or does the publisher shoot for you? If you’re going to be doing the photography, make sure to consider this in the negotiation of the compensation. If it's 50-100 photos it’s a lot of work and could require investing in special equipment. Ginger Hultin, MS, RDN, is the owner of Seattle-based companies Champagne Nutrition® and Seattle Cancer Nutritionist. She is the author of Anti-Inflammatory Diet Meal Prep and the oncology chapter of the 15th edition of the Krause and Mahan’s Nutrition Care Process textbook.
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