states have laws that protect patient access to alternative therapies
from licensed physicians:
Alaska, Colorado, Georgia, Massachusetts, New York, North Carolina,
Ohio, Oklahoma, Oregon, Texas, and Washington.
states have regulations that protect patient access to
alternative therapies from licensed physicians:
states have laws that protect patient access to EDTA Chelation,
specifically, from licensed physicians:
South Dakota and Louisiana.
To read the complete text, go to Health
Lobby's State Laws page.
Licensed practitioners granted
freedom to provide complementary and alternative therapies (enacted March,
Senate Bill 1324 passed both houses
after a barnstorm session of committee hearings and votes. House bill 1077
by Rep. Connie Mack and Senate Bill1324 by Senator Durell Peaden, M.D.
were introduced on 3/9/01. Senator Charlie Clary Co-Sponsored.
(Both Senators Peaden and Clary serve on the Senate Health, Aging,
and Long-Term Care Committee, and Senator Clary chaired the Committee for
the past two years).
Special thanks to Julie Hilton, a
lawyer/mediator turned lobbyist in the crunch, and to Florida Citizens for
Senate Bill 1324 authorizes provision
of and access to complementary or alternative health care treatments;
requires patients to be provided with certain information regarding such
treatments; revises Florida’s Patient's Bill of Rights &
Responsibilities to include right to access any mode of treatment patient
The new law requires that practitioners
offering alternative treatments disclose specific information to their
patients before providing care:
“(3) COMMUNICATION OF TREATMENT
ALTERNATIVES.--A health care practitioner who offers to provide a patient
with a complementary or alternative health care treatment must inform the
patient of the nature of the treatment and must explain the benefits and
risks associated with the treatment to the extent necessary for the
patient to make an informed and prudent decision regarding such treatment
option. In compliance with this subsection: “
”(a) The health care practitioner must inform the patient of the
practitioner's education, experience, and credentials in relation to the
complementary or alternative health care treatment option.”
”(b) The health care practitioner may, in his or her discretion,
communicate the information orally or in written form directly to the
patient or to the patient's legal representative.”
”(c) The health care practitioner may, in his or her discretion and
without restriction, recommend any mode of treatment that is, in his or
her judgment, in the best interests of the patient, including
complementary or alternative health care treatments, in accordance with
the provisions of his or her license.”
To view the full text for the bill, see
Minnesota's bill was the result of the efforts of a health freedom movement galvanized in the
mid-90s by high profile legal actions taken against several of the
state's most prominent alternative health care practitioners.
The bill's enactment marks a step forward for protecting consumer
access not only in Minnesota, but also throughout the land. The bill
was long overdue. A consumer's freedom of access is dependent on the
practitioner's freedom to practice, much as the public's
freedom of access to information rests on the writer's freedom to
write freely and without suppression by state laws or actions.
On May 11, 2000, Governor Jesse Ventura signed the Complementary
and Alternative Health Care Freedom of Access bill into law. With that
signing Minnesota protected freedom of access to health care as a basic freedom.
It grants a right of practice for unlicensed complementary health care
providers. The law requires
complementary health care providers to present a patient bill of
rights to their patients, as well as disclose in writing background
information about their training and practice.
It also provides enforcement mechanisms to protect the
public from fraud and harm. The new law went into effect July 1, 2001.
Special thanks to attorney Diane
Miller and Advocate Jerry Johnson for their efforts in getting this
bill written, negotiated and passed.
To read the complete text of the law, go to: http://www.minnesotanaturalhealth.org/bills/statute.htm
MN Natural Health Coalition
3236 17th Ave. South, #1
Minneapolis, MN 55407
Conflict between the NV Board of Homeopathic
Medical Examiners and the NV State Board of Medical Examiners has resulted in
Regulations by the regular board to allow their licensees, MDs, DOs and
physician assistants, to use CAM therapies under certain conditions.
In early Spring, the Homeopathic Board
proposed regulations that would have expanded the scope of
"homeopathic" practices overseen by that Board to include a
number of CAM therapies other than Hahnamanian homeopathy, such as EDTA
Chelation, herbal, vitamin and nutritional treatments, along with 'trigger
point,' 'thought field' and many other therapies.
Public debate resulted in the regular
board appealing the homeopathic board's regulations to the legislature. On
August 22, 2000 a legislative committee overturned the Homeopathic Board's
regulations ruling that the regulations went beyond the scope of
traditional homeopathy and exceeded the intention of law.
Meanwhile, the regular Board reviewed
their regulations and replaced a provision prohibiting treatment "in
a manner not recognized scientifically as being beneficial" with new
provision permitting CAM under several conditions, among them:
- A licensee shall not practice medicine by utilizing any means or
instrumentality that has a risk for a patient that is unreasonably
greater than the means or instrumentality ordinarily utilized by
physicians in good standing practicing in the same specialty or field
or that is provided as a substitute for conventional treatment that
has proven to be of substantial benefit to the patient.
- Prior to offering advice about the means or instrumentality of
treatment, the licensee shall undertake an assessment of the patient.
This assessment should include but not be limited to, conventional
methods of diagnosis ordinarily utilized by physicians in good
standing practicing in the same specialty or field, and may include
non-conventional methods of diagnosis which shall be documented in the
- Documentation as to whether such conventional treatment options
ordinarily utilized by physicians in good standing practicing in the
same specialty or field have been discussed with the patient and shall
include referral input, if necessary.
To view the complete text for the
regulations, see www.faim.org/states.htm#NV.
The Ohio health freedom The
new law reads as follows:
An individual authorized to practice medicine and
surgery…may use alternative medical treatments if the physician
provides the necessary information in order to obtain informed
consent from the patient and the treatment meets the standards
enforced by the State Medical Board pursuant to Section 4731 .22 of
the Revised Code and any rules adopted by the Board.
The Ohio health freedom bill was signed
into law on July 10, 2000 by Governor Bob Taft. House
Bill 90 by Rep. George Terwilleger (R), passed the Ohio House of
Representatives 88-0 on October 13, 1999. It has now been replaced by the
Senate version of the bill SB 125, by Charles Horn (R) which passed
the Senate on May 24. On May 25 the House concurred to the senate version.
The new law reads as follows:
AN INDIVIDUAL AUTHORIZED TO
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY MAY USE
ALTERNATIVE MEDICAL TREATMENTS IF THE PHYSICIAN PROVIDES THE NECESSARY
INFORMATION IN ORDER TO OBTAIN INFORMED CONSENT FROM THE PATIENT AND THE
TREATMENT MEETS THE STANDARDS ENFORCED BY THE STATE MEDICAL BOARD PURSUANT
TO SECTION 4731.22 OF THE REVISED CODE AND ANY RULES ADOPTED BY THE BOARD.
AS USED IN THIS SECTION,
"ALTERNATIVE MEDICAL TREATMENT" MEANS CARE THAT IS COMPLIMENTARY
TO OR DIFFERS FROM CONVENTIONAL MEDICAL CARE BUT IS REASONABLE WHEN THE
BENEFITS AND RISKS OF THE ALTERNATIVE MEDICAL TREATMENT AND THE
CONVENTIONAL CARE ARE COMPARED.
Special thanks to Ohio lobbyist Thomas
Supporters had presented in favor of
HB.90 in three hearings before the House Health Retirement and Aging
Committee which amended the bill before reporting it for a floor vote in
the house. Opponents provided testimony as well on two occasions.
In the last session, Terwilliger
introduced HB772 and Nancy Chiles Dix (R, Athens), vice chair of the
Senate Energy, Natural Resources & Environment Committee introduced
the companion Senate bill SB138.
The legislation was advocated by the
Ohio Coalition for Patient's Rights (OCPR), which includes several groups,
among them the nation's oldest continuous state Homeopathic Medical
For more information, contact the OCPR.
Ohio Coalition for Patient's Rights
P.O. Box 14
Bluffton, Ohio 15817
Go to http://www.healthlobby.com/news2.html#Ohio
The Louisiana legislature passed a statute
in July 1999 which authorizes the use of chelating agents and chelation
therapy by licensed physicians. To
view the text of the statue, see www.faim.org/states.htm#la.
The Professions and Occupations statute
for South Dakota was modified in July of 1993 to allow for physicians to
practice chelation. To view
the text of the statute, see www.faim.org/states.htm#sd.
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