SPONSOR:	Sen. Sokola

DELAWARE STATE SENATE

144th GENERAL ASSEMBLY

SENATE AMENDMENT NO. 2

HOUSE BILL NO. 38

Amend House Bill No. 38 as amended between lines 47 and 48 by inserting the following definitions and re-designating “(8)” as “(10)” on line 48:

“(8) ‘Herbalist’ shall mean an alternative practitioner that uses plant extracts and herbs to help treat disorders.

(9) ‘Holistic Health Practitioner’ shall mean an alternative practitioner with a certification from the American Association of Drugless Practitioners, National Institute of Nutritional Education, the American Health and Science University or an equivalent organization approved by the Board.”

FURTHER AMEND House Bill 38 as amended by deleting lines 174 through 176, subsection (d) and replacing it with the following

“(d) An Herbalist or retailer or other person who does not hold himself out to be dietician or nutritionist when the person furnishes non-fraudulent specific information about the reported or historical use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates or other food supplements, or foods. For the purpose of this paragraph, fraud shall be defined as an intentional misrepresentation for financial gain. Legitimate disagreement about the role of the above listed nutrients and foods as they apply to human nutrition shall not, in and of itself, constitute fraud.”

FURTHER AMEND House Bill No. 38 as amended between lines 187 and 188 by inserting the following subsection:

“(h) A Holistic Health Practitioner who offers disclosure to clients that he or she is not a licensed Dietitian/Nutritionist may provide information, education counseling or make recommendations about nutrition regarding the use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food, food concentrates, other food supplements, homeopathetic remedies, or lifestyle for a consulting fee.”