Legal issues in homeopathy
Posted: Mon Aug 27, 2007 1:05 pm
http://homeoinfo.com/04_the_case/legal/legal_issues.php
Legal issues in homeopathy
FAIM
The Foundation for the Advancedment of Innovative Medicine keeps track of
states that have regulations that protect patient access to alternative
therapies.
The argument that practicing homeopathy is not practicing medicine is
faulty especially if the state has had a homeopathic medical licensing law
in the past, usually around the early 1900s. Without education or practice
standards the only grounds of prosecution is fraud or abuse. Minnesota?s
health department compiled a favorable report on alternative and
complementary medicine which stated:
?Creative alternatives should be sought wherever possible. Regulation
should interfere as little as possible. If regulation is necessary, the
least restrictive regulation should be used ? It should not restrict if
there is no risk of personal safety.?
The only professions that are allowed to diagnose and treat illness in all
states are medical doctors (MDs) and osteopathic doctors (DOs). Several
states license naturopathic physicians (NDs) to diagnose and treat illness
(AK, AZ, CT, HI, ME, MT, NH, OR, UT, VT, WA). Other health-care providers
such as nurse practitioners, physician assistants, dentists, veterinarians,
chiropractors, licensed acupuncturists, nurse midwives, and podiatrists may
be allowed to use homeopathy within the scope of their licenses, depending
on the laws of the state in which they reside.
According to the 1993 Job Analysis of Chiropractic, 37% of more than 50,000
USA chiropractors practice some form of homeopathy. That calculates to over
18,500 practitioners. Naturopaths also practice homeopathy, but there are
fewer than 1,500 practicing nationwide, and there are only about 500
homeopaths (many are fringe MDs). Apparently chiropractors are the most
prevalent licensed homeopathic practitioners.
Three states have homeopathic licensing laws: Arizona (1982), Connecticut
(1892), and Nevada (1983) -- MDs and DOs practicing homeopathy in AZ or NV,
and MDs practicing in CT must be licensed by the state homeopathic
licensing board.
There are many training programs and courses in homeopathy in both the U.S.
and abroad; however, no diploma or certificate from any school or program
is recognized as a license to practice homeopathy in the U.S. Certification
of competency to practice homeopathy is available to MDs and DOs through
the American Board of Homeotherapeutics (DHt); to NDs through the
Homeopathic Academy of Naturopathic Physicians (DHANP); and to all
professionals through the Council for Homeopathic Certification (CCH).
The best protection against legal action is in how practitioners represent
themselves. They should not call themselves doctors (even with a Ph.D.) and
should not purport to be able to cure any condition. Strengthening the
vitality of the person is fine to say and many people will say they
strengthen the immune system as this is a more marketable stance. But in
general, medical terms should be avoided. All clients should be required to
be under the care of a medical doctor or other primary care provider.
Disclosures
Disclosure statements have not been proven to fend off legal attacks but
will help the patient to understand the risk that they are taking on. Even
better is a statement that positively offers the educational background and
assets that the practitioner brings to the fair trade situation. The
statements should be complete, honest, and without exaggeration.
Health care bills were passed in June of 2001 for Florida that authorize
provision of and access to complementary or alternative health care
treatments and require patients to be provided with certain information for
those treatments. They also revised Florida's Patient's Bill of Rights &
Responsibilities to include right to access any mode of treatment patient
or patient's health care practitioner believes is in the patient's best
interests. This upset the American Dental Association.
It is one of the requirements of the alternative practitioner to disclose
the patient's bill of rights in Minnesota as of July 1st, 2001 because of
their new Complementary and Alternative Health Care Freedom of Access bill
Gov. Jesse Ventura signed into law.
If you are in Missouri and would like to work towards a similar health care
bill, contact Heather Reynolds. The backing organization, Missouri Citizens
Coalition for Freedom in Health Care, is mostly concerned about vaccination
laws.
Fatal diseases
Know your limits to what you can say when dealing with a possible fatal
disease. In 1996, oncologist Vincent Speckhart, MD, was ordered to pay the
widow of deceased patient Robert Rizzi $235,715. Rizzi's widow charged that
Speckhart led her husband to believe that homeopathy was enough to cure him
of his Hodgkins' disease after Rizzi refused further chemotherapy because
of side effects. Mrs. Rizzi had asked for $2.3 million. Dr. Speckhart was
on indefinite probation since 4/29/93 in Virginia for using a Voll machine
without accepted therapeutic purpose.
In another cancer case, William Cowden, M.D. used homeopathic injectables
in Texas and under agreement received two years probation in January of
1995 as long as he agreed to retraining.
FDA
For an exposition of the FDA?s current view of the legal standing of
homeopathy on the federal level, see "Homeopathy: real medicine or empty
promises," FDA Consumer, 12/96.
NASH
As of 1999, two members of the North American Society of Homeopaths (NASH),
one of the most respected groups that currently has about 60 RSHom (NA)
recognized members, were being investigated by their states. NASH has as
one of its objectives to work toward the legal recognition of homeopathy
and has very high standards for the certification.
It was thought that the primary risk for an unlicensed practitioner was
through the client. But the recent cases made it clear that the state can
pursue lawsuits against an unlicensed homeopath with little or no provocation.
Since then, NASH has negotiated medical malpractice insurance through
several carriers and is available to NASH certified homeopaths. Malpractice
insurance is one way conventional doctors protect themselves from financial
ruin and has not been available to the homeopath until now. For more
specific information concerning that contact Steve Waldstein.
Dana Ullman
One of the most notable cases of a lay homeopath doing a good job and the
courts getting upset was Dana Ullman's incident in 1976. Dana is perhaps
the person who has done the most for homeopathy since his court case in
that he pursues the evangelism of homeopathy through the NCH and his mail
order company, Homeopathic Educational Resources. He prescribed homeopathic
medicine and was arrested for practicing medicine without a license. But he
won an important settlement in 1977 in the Oakland Municipal Court in which
the court allowed his practice under two stipulations:
1. that he did not diagnose or treat disease and that he refers to
medical doctors for the diagnosis and treatment of disease;
2. that he makes contracts with his patients that clearly define his
role as a non-medical homeopathic practitioner and the patient's role in
seeking his care.
Monica Miller
For more legal issues concerning alternative health (and very often
homeopathy), see Monica Miller's Health Lobby web site. She also is in
charge of Government Relations for the Foundation for the Advancement of
Innovative Medicine.
Tim Bolen
Tim is a consumer health advocate that is known to be the Quackbusters'
number one nemesis. He runs a website called CrackpotWatch where he
publishes a newsletter.
* Bolen on the passing of California's Health Freedom Bill SB 577
----------------------------------------------------------------------
Sheri Nakken, R.N., MA, Hahnemannian Homeopath
Well Within & Earth Mysteries & Sacred Site Tours (worldwide)
Vaccination Information & Choice Network (new website)
http://www.wellwithin1.com/vaccine.htm
http://www.wellwithin1.com/homeo.htm
homeopathycures@tesco.net
ONLINE Introduction to Homeopathy Classes - next one September 5, 2007
ONLINE Introduction to Vaccine Dangers Classes - September 6, 2007
ONLINE Intro to Diseases - Risk, Reality & Alternative Treatment September
5, 2007
Voicemail US 530-740-0561 UK phone from US 011-44-1874-624-936
Legal issues in homeopathy
FAIM
The Foundation for the Advancedment of Innovative Medicine keeps track of
states that have regulations that protect patient access to alternative
therapies.
The argument that practicing homeopathy is not practicing medicine is
faulty especially if the state has had a homeopathic medical licensing law
in the past, usually around the early 1900s. Without education or practice
standards the only grounds of prosecution is fraud or abuse. Minnesota?s
health department compiled a favorable report on alternative and
complementary medicine which stated:
?Creative alternatives should be sought wherever possible. Regulation
should interfere as little as possible. If regulation is necessary, the
least restrictive regulation should be used ? It should not restrict if
there is no risk of personal safety.?
The only professions that are allowed to diagnose and treat illness in all
states are medical doctors (MDs) and osteopathic doctors (DOs). Several
states license naturopathic physicians (NDs) to diagnose and treat illness
(AK, AZ, CT, HI, ME, MT, NH, OR, UT, VT, WA). Other health-care providers
such as nurse practitioners, physician assistants, dentists, veterinarians,
chiropractors, licensed acupuncturists, nurse midwives, and podiatrists may
be allowed to use homeopathy within the scope of their licenses, depending
on the laws of the state in which they reside.
According to the 1993 Job Analysis of Chiropractic, 37% of more than 50,000
USA chiropractors practice some form of homeopathy. That calculates to over
18,500 practitioners. Naturopaths also practice homeopathy, but there are
fewer than 1,500 practicing nationwide, and there are only about 500
homeopaths (many are fringe MDs). Apparently chiropractors are the most
prevalent licensed homeopathic practitioners.
Three states have homeopathic licensing laws: Arizona (1982), Connecticut
(1892), and Nevada (1983) -- MDs and DOs practicing homeopathy in AZ or NV,
and MDs practicing in CT must be licensed by the state homeopathic
licensing board.
There are many training programs and courses in homeopathy in both the U.S.
and abroad; however, no diploma or certificate from any school or program
is recognized as a license to practice homeopathy in the U.S. Certification
of competency to practice homeopathy is available to MDs and DOs through
the American Board of Homeotherapeutics (DHt); to NDs through the
Homeopathic Academy of Naturopathic Physicians (DHANP); and to all
professionals through the Council for Homeopathic Certification (CCH).
The best protection against legal action is in how practitioners represent
themselves. They should not call themselves doctors (even with a Ph.D.) and
should not purport to be able to cure any condition. Strengthening the
vitality of the person is fine to say and many people will say they
strengthen the immune system as this is a more marketable stance. But in
general, medical terms should be avoided. All clients should be required to
be under the care of a medical doctor or other primary care provider.
Disclosures
Disclosure statements have not been proven to fend off legal attacks but
will help the patient to understand the risk that they are taking on. Even
better is a statement that positively offers the educational background and
assets that the practitioner brings to the fair trade situation. The
statements should be complete, honest, and without exaggeration.
Health care bills were passed in June of 2001 for Florida that authorize
provision of and access to complementary or alternative health care
treatments and require patients to be provided with certain information for
those treatments. They also revised Florida's Patient's Bill of Rights &
Responsibilities to include right to access any mode of treatment patient
or patient's health care practitioner believes is in the patient's best
interests. This upset the American Dental Association.
It is one of the requirements of the alternative practitioner to disclose
the patient's bill of rights in Minnesota as of July 1st, 2001 because of
their new Complementary and Alternative Health Care Freedom of Access bill
Gov. Jesse Ventura signed into law.
If you are in Missouri and would like to work towards a similar health care
bill, contact Heather Reynolds. The backing organization, Missouri Citizens
Coalition for Freedom in Health Care, is mostly concerned about vaccination
laws.
Fatal diseases
Know your limits to what you can say when dealing with a possible fatal
disease. In 1996, oncologist Vincent Speckhart, MD, was ordered to pay the
widow of deceased patient Robert Rizzi $235,715. Rizzi's widow charged that
Speckhart led her husband to believe that homeopathy was enough to cure him
of his Hodgkins' disease after Rizzi refused further chemotherapy because
of side effects. Mrs. Rizzi had asked for $2.3 million. Dr. Speckhart was
on indefinite probation since 4/29/93 in Virginia for using a Voll machine
without accepted therapeutic purpose.
In another cancer case, William Cowden, M.D. used homeopathic injectables
in Texas and under agreement received two years probation in January of
1995 as long as he agreed to retraining.
FDA
For an exposition of the FDA?s current view of the legal standing of
homeopathy on the federal level, see "Homeopathy: real medicine or empty
promises," FDA Consumer, 12/96.
NASH
As of 1999, two members of the North American Society of Homeopaths (NASH),
one of the most respected groups that currently has about 60 RSHom (NA)
recognized members, were being investigated by their states. NASH has as
one of its objectives to work toward the legal recognition of homeopathy
and has very high standards for the certification.
It was thought that the primary risk for an unlicensed practitioner was
through the client. But the recent cases made it clear that the state can
pursue lawsuits against an unlicensed homeopath with little or no provocation.
Since then, NASH has negotiated medical malpractice insurance through
several carriers and is available to NASH certified homeopaths. Malpractice
insurance is one way conventional doctors protect themselves from financial
ruin and has not been available to the homeopath until now. For more
specific information concerning that contact Steve Waldstein.
Dana Ullman
One of the most notable cases of a lay homeopath doing a good job and the
courts getting upset was Dana Ullman's incident in 1976. Dana is perhaps
the person who has done the most for homeopathy since his court case in
that he pursues the evangelism of homeopathy through the NCH and his mail
order company, Homeopathic Educational Resources. He prescribed homeopathic
medicine and was arrested for practicing medicine without a license. But he
won an important settlement in 1977 in the Oakland Municipal Court in which
the court allowed his practice under two stipulations:
1. that he did not diagnose or treat disease and that he refers to
medical doctors for the diagnosis and treatment of disease;
2. that he makes contracts with his patients that clearly define his
role as a non-medical homeopathic practitioner and the patient's role in
seeking his care.
Monica Miller
For more legal issues concerning alternative health (and very often
homeopathy), see Monica Miller's Health Lobby web site. She also is in
charge of Government Relations for the Foundation for the Advancement of
Innovative Medicine.
Tim Bolen
Tim is a consumer health advocate that is known to be the Quackbusters'
number one nemesis. He runs a website called CrackpotWatch where he
publishes a newsletter.
* Bolen on the passing of California's Health Freedom Bill SB 577
----------------------------------------------------------------------
Sheri Nakken, R.N., MA, Hahnemannian Homeopath
Well Within & Earth Mysteries & Sacred Site Tours (worldwide)
Vaccination Information & Choice Network (new website)
http://www.wellwithin1.com/vaccine.htm
http://www.wellwithin1.com/homeo.htm
homeopathycures@tesco.net
ONLINE Introduction to Homeopathy Classes - next one September 5, 2007
ONLINE Introduction to Vaccine Dangers Classes - September 6, 2007
ONLINE Intro to Diseases - Risk, Reality & Alternative Treatment September
5, 2007
Voicemail US 530-740-0561 UK phone from US 011-44-1874-624-936