The State of Wisconsin is seeking an injunction to stop Genia Kadile, of Green Bay, Wisconsin, from using the title "Certified Clinical Nutritionist" or "Clinical Nutritionist" or any other title that falsely suggests that she is licensed to practice nutrition in Wisconsin. Her primary employment has been in the office of her husband, Eleazar M. Kadile, M.D., who was recently disciplined by the Wisconsin Board of Medical Examiners. The complaint filed against her is shown below. She responded by filing documents claiming that the state has no constitutional right to stop her, which, of course, it does. Despite that, the Administrative Law Judge recommended that the case be dismissed.
NOW COMES the Division of Enforcement of the Wisconsin Department of Regulation & Licensing to PETITION the Department pursuant to §440.21, Wis. Stats., and ch. RL 3, Wis. Adm. Code, that a special order be issued enjoining Genia I. Kadile from using a title which tends to represent that she is certified or licensed in a nutrition-related field, contrary to §448.76, Wis. Stats., and from any other act which may constitute an activity for which a license is required from the Dietitians Affiliated Credentialing Board or another board attached to the Department. The division alleges:
1. Genia Ilecki Kadile, dob 01-20-1944, is employed by her husband, Eleazar M. Kadile M.D. in his medical office located at 1538 Bellevue Street, Green Bay, Wisconsin. From 1990-93 she was a Registered Speech Language Pathologist. Other than that credential, she has never held or applied for, and does not hold, any credential issued by the Department or any board or other body attached to the Department. She resides at 5613 County Hwy T, Whitelaw, Manitowoc County, WI 54247.
2. Mrs. Kadile represents herself as a "Certified Clinical Nutritionist" in literature distributed by the Kadile medical office, and has spoken publicly at seminars in Green Bay which are sponsored by the Kadile medical office. Dr. Kadile and Mrs. Kadile have referred to her in these seminars as a "Certified Clinical Nutritionist."
3. The brochure states, in part:
What you eat is not necessarily what you utilize and absorb; therefore, nutritional therapy is the cornerstone of our success in restoring patients to good health. New research data is continuously supporting our approach. We offer the newest testing available to diagnose nutritional deficiencies. We also treat a variety of health problems with simple nutritional changes. Our Certified Clinical Nutritionist is available to discuss nutritional needs with you.
4. At a public seminar conducted in Green Bay on December 7, 1995 (at which the above brochure was distributed), Mrs. Kadile addressed the 40-50 people present for approximately 45 minutes, stating that she was a "Clinical Nutritionist." She stated (among other things): "You cannot get all of the vitamins and minerals you need from eating vegetables, fruits and meats and other foods. There is no doubt, you must take supplements." She also stated words to the effect that eating breads, pastas, and other carbohydrates had negative effects upon the body. She distributed written material stating that milk products are linked to ovarian cancer, cataracts, and childhood-onset diabetes, and that they encourage iron deficiency. She represented that a "Zone Diet" was the best way to eat, which involves high protein consumption.
5. On multiple occasions, Mrs. Kadile has made entries in the patient health care records of patients of her husband's clinic, signing those entries with her name and the initials "CCN" by which she intended to indicate that she was signing the entry in her capacity as a "Certified Clinical Nutritionist." These entries were notes of nutrition counseling sessions with the patients, at which dietary advice and recommendations were given to the patients to assist them in losing weight, reducing cholesterol, improving their diabetes, and in other ways improving their health.
6. On April 15, 2003, an advertisement was published by respondent's clinic in The Door County Advocate, a general circulation newspaper published near Green Bay. That advertisement identified Mrs. Kadile as "Clinical Nutritionist."
7. §448.76, Wis. Stats., prohibits persons who are not Certified Dieticians under ch. 448, Wis. Stats. (with limited exceptions not applicable here) to "use any title or initials that represent or may tend to represent the person as certified or licensed (...) in a nutrition-related field."
8. In light of her activities as described above, the use by Genia Ilecki Kadile of the title "Certified Clinical Nutritionist" or "Clinical Nutritionist" has a tendency to represent her as certified in a nutrition-related field.
WHEREFORE, the division demands that a public hearing be held and that the Department of Regulation & Licensing issue a special order enjoining Genia Ilecki Kadile from using any title which tends to represent that she is certified or licensed in a nutrition-related field including but not limited to the titles of Certified Clinical Nutritionist or Clinical Nutritionist, and from doing any other act which may constitute an activity for which a credential is required from the Dietitians Affiliated Credentialing Board or another board attached to the Department, unless she obtains such credential.
Dated April 22, 2003.
Arthur Thexton, Prosecuting Attorney
Division of Enforcement
P.O. Box 8935
Madison, WI 53708-8935