In this episode of Sam’s Sidebar, I dive into the legal boundaries of what coaches can and cannot do. I explain what scope of practice is and why it is important for coaches and other professionals in the industry to be aware of it. I also offer information on how coaches can better educate, empower, and encourage their clients while staying within the confines of the law.
In this episode, you’ll hear…
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Hey there, and welcome back to another episode of Sam's Sidebar, where I tackle your
Speaker:essential legal questions about starting and growing a legally protected online business
Speaker:in ten minutes or less.
Speaker:this week, you'll hear all about what coaches can legally do.
Speaker:In other words, what they can legally talk about, work on with their clients, offer as
Speaker:services, talk about in terms of content, all that good stuff.
Speaker:this week's question comes from our listener, Leslie, who asks, "Hi, Sam.
Speaker:I have a question relating to suggesting health and nutrition advice as a health coach.
Speaker:I understand you can only provide specific meal plans if you're an RD, but how do you
Speaker:communicate -" sorry "- how do you educate or recommend?
Speaker:What's the language you would use if you do want to talk about nutrition or meals?
Speaker:Can I give them recipes as a suggestion or can I tell them what I would do or what I would
Speaker:normally eat is X, Y, or Z?" Okay.
Speaker:That is a great question, Leslie.
Speaker:before we hop in, I want to talk about the fact that this episode is for you even if
Speaker:you're not in the health and wellness field.
Speaker:First and foremost, I want to clear up the nasty rumor that I do not only work with
Speaker:health and wellness people.
Speaker:I have health and wellness coaches, of course, of all varieties.
Speaker:But I also work with everybody from career coaches, and life coaches, and money coaches,
Speaker:business coaches, all kinds of things, as well as professionals like RDs, and
Speaker:nutritionist, doctors, nurses, all kinds of people.
Speaker:And we work with course creators and bloggers, food blogger, all kinds of things.
Speaker:So, I just wanted to throw that out there.
Speaker:also, because scope of practice is for you if you do anything in the coaching industry.
Speaker:If you talk about life, health, money, dating, business, accounting, legal, anything, you
Speaker:have to know about scope.
Speaker:So, okay, with that, let's dive in.
Speaker:talk about what scope of practice is and why it matters for your business.
Speaker:Scope of practice is just the kind of fancy legal term for what you can legally do, say,
Speaker:and teach in your business based on two different things.
Speaker:One, your state's laws or all the different state's laws and regulations.
Speaker:And two, what type or level of education, license, qualification, or certification you
Speaker:have for what you're talking about in your business.
Speaker:if you're a coach or you want to be, you can only do what a coach can do.
Speaker:So, even if you have people sign legal agreements saying that they know, for example,
Speaker:that you're not their doctor, their lawyer, their therapists, their accountant, their
Speaker:nutritionists, you still can't do things that only those professionals can do.
Speaker:I think sometimes people get confused because they're like, "Well, I told them I'm a
Speaker:health coach, and then I had them sign a contract that says I'm not their doctor.
Speaker:So then, I went and read their labs.
Speaker:Isn't that fine?" It's like, No, no, no.
Speaker:We have to do as we say and say as we do and all that good stuff.
Speaker:what then can coaches do?
Speaker:So, if you know me at all, you know that I always focus more on what we can do and how
Speaker:can we actually grow our businesses within the legal confines of doing so safely.
Speaker:So, the simplest answer about what a coach can do is that a coach can legally educate,
Speaker:empower, encourage - in other words, be a coach - and share resources.
Speaker:like to think of a coach as somebody who holds a flashlight in front of their client and
Speaker:maybe even holds their hand and guides them to illuminate their path in front of them to
Speaker:navigate it together.
Speaker:And that the coach is there to support the person as things might pop up along the path.
Speaker:But the coach isn't telling the client where to walk or what path to take.
Speaker:coaches can't diagnose, treat, cure, or offer to prevent things when it comes to health
Speaker:and wellness, when it comes to other stuff other than health and wellness, like legal,
Speaker:accounting, business stuff, therapy.
Speaker:We have to be really, really careful that we're not doing things that those hovering
Speaker:professions above us can do and only they can do.
Speaker:When it comes to health and wellness of people, too, we can't create custom plans or tell
Speaker:people what to do.
Speaker:And that goes way beyond health even because we can't offer to cure somebody's financial
Speaker:situation with an investment plan if you're not a certified financial planner.
Speaker:Or we can't offer to cure their debt following our system or our way of budgeting.
Speaker:So, this goes beyond health and wellness.
Speaker:does mean for those of you in health and wellness that you can't create a meal plan
Speaker:specifically since that's what Leslie asked about, because that's telling people what to
Speaker:eat. We can't tell people where to invest their money because that would be advice.
Speaker:We can't sell them a supplement because that's telling them that they need it.
Speaker:You would be basically diagnosing that they need it and then offering some sort of cure
Speaker:or healing treatment through offering up a supplement.
Speaker:I'll put my health coaching hat back on for a sec.
Speaker:In case you didn't know, I had my own health coaching business when I left the law for
Speaker:about a year. And I'll tell you how I did it or how I would do it now.
Speaker:let's say somebody came to me and they had been diagnosed by their physician or a medical
Speaker:professional with diabetes, and they've been told now to follow a low carb plan.
Speaker:But the doctor kind of forgot to mention what a carb was and our client doesn't know
Speaker:either. So, as their coach, I could help them to better understand what foods fall under
Speaker:carb, what foods are protein, what's fat.
Speaker:And I can help them to make choices that are in alignment with the diagnosis and the kind
Speaker:of the care plan - the low carb plan in this example - that are following that doctor's
Speaker:recommendation.
Speaker:any of this stuff. I was just trying to come up with an example.
Speaker:I would also help them to maybe come up with a grocery list, teach them some shopping
Speaker:trips. I would teach them probably meal prep tips about how they could better prepare
Speaker:their food during the week so that they could be prepared, because, you know, maybe a lot
Speaker:of low carb options take more time.
Speaker:Or I would teach them about cauliflower rice as an awesome swap for regular rice,
Speaker:something like that.
Speaker:truth is that people are so confused and overwhelmed about their businesses, their
Speaker:health, their careers, their love lives, everything that they need your help.
Speaker:They need you. And so, sure, you might not be able to give them, like, a meal plan or
Speaker:financial advice.
Speaker:But your ideal client, that's probably not what they need, to be honest.
Speaker:They really need you to help them to self-actualize.
Speaker:They need to be empowered with the information that they need to succeed so that they
Speaker:don't need you by their side for the rest of their lives because they're going to need to
Speaker:make these kinds of choices when they're out and about or in the real life.
Speaker:in terms of what you would need to have in place to legally cover yourself, even if
Speaker:you're staying within your scope of practice, well, you would have to have a properly
Speaker:formed business, probably an LLC, if that's the best choice for you.
Speaker:A solid legal contract with all of your customers and clients, that, yes, of course, it
Speaker:would have language in there saying that you're not their doctor or you're not their
Speaker:lawyer or whatever, that would be very important.
Speaker:then, now that you've listened to this, you know that you also have to do that.
Speaker:We would also get you business insurance that would cover your financial expenses in your
Speaker:business if you were ever to be sued.
Speaker:And you would learn your scope to make sure you're staying within your scope of practice
Speaker:on your website, in your social posts and emails.
Speaker:you want to dive even deeper into this topic of scope of practice, really figure out what
Speaker:your scope of practice is and how to stay within it, I recommend going back and listening
Speaker:to Episode 2 and Episode 69 of my podcast, On Your Terms, because I dove really deep.
Speaker:So, you're going to want to start with 2, that was the first part.
Speaker:And the second part was Episode 69.
Speaker:also teach you all of this inside of the Ultimate Bundle.
Speaker:I've got entire trainings dedicated to scope of practice inside the Bundle, and I give
Speaker:you all of those contracts and policies that you need to cover you, too.
Speaker:also got big news for you as we wrap up today.
Speaker:My first live legal training of the year happens in less than two weeks.
Speaker:If you liked today's episode, you'll want to go save your seat to How To Legally Protect
Speaker:Your Online Business, my all new live legal training that will cover the five simple
Speaker:steps that you need to take to legally protect yourself, your business's money, and your
Speaker:future before it's too late.
Speaker:You can register now in the link below for free.
Speaker:I can't wait to see you there.
Speaker:I'll even be taking questions live at the end.
Speaker:If you can't make any of the live times, be sure to sign up anyway because you'll get the
Speaker:replay, and that's the only way to get the replay.
Speaker:you so much for joining me on this episode of Sam's Sidebar.
Speaker:Check out the show notes below for related blog posts, resources, and episodes of On Your
Speaker:Terms. I post every single Monday and Thursday.
Speaker:Thank you so much. If you have a question that you want me to answer any future Sam's
Speaker:Sidebar episode, submit it using the link in the show notes.
Speaker:Thanks so much. I'll see you next week.
Speaker:so much for listening to the On Your Terms Podcast.
Speaker:Make sure to follow on Apple Podcasts, Spotify, or wherever you like to listen to
Speaker:podcasts. You can also check out all of our podcast episodes, show notes, links, and more
Speaker:at samvanderwielen.com/podcast.
Speaker:You can learn more about legally protecting your business and take my free legal
Speaker:workshop, Five Steps to Legally Protect and Grow Your Online Business at
Speaker:samvanderwielen.com. And to stay connected and follow along, follow me on Instagram,
Speaker:@samvanderwielen, and send me a DM to say
Speaker:hi.
Speaker:remember that although I am a attorney, I am not your attorney and I am not offering you
Speaker:legal advice in today's episode.
Speaker:This episode and all of my episodes are informational and educational only.
Speaker:It is not a substitute for seeking out your own advice from your own lawyer.
Speaker:And please keep in mind that I can't offer you legal advice.
Speaker:I don't ever offer any legal services.