Arizona SB 1175
Posted: Mon Mar 21, 2011 8:47 pm
Here is an Action Alert from National Health Freedom Coalition re the Arizona bill.
Licensure for Arizona Homeopaths Passes House Health Committee
National Health Freedom Action Opposes SB 1175 Attempt to Add New Licensing Requirements for Homeopathy and Nutrition!
Take action today
The bill in Arizona to mandate licensure for a group of unlicensed homeopathic practitioners who practice homeopathy and nutrition, has passed the House Committee on Health and Human Services. Arizona SB 1175 gives a small group of people exclusive rights to practice homeopathic medicine, including homeopathy and nutrition, and to use the title homeopathic doctor. It does not give a safe harbor exemption for other individuals to offer homeopathy and nutrition.
Overall, NHFA does not support the government mandated licensure of homeopaths. Homeopathy is a profession that does not rise to the level of public harm required for mandatory licensure and exclusivity. Consumers utilize the services of multiple types of homeopaths from around the world, with expansive and diverse educations and trainings. The "law of similars" and access to homeopathic remedies should be protected and remain in the public domain so that the natural wisdom of the universe can continue to be shared among us.
If passed, SB 1175 would set a precedent as the first state in the nation to mandate licensure of homeopaths who are not medical doctors.
TAKE ACTION TO OPPOSE THIS BILL (See the bottom of this email)
In the committee hearing March 16, an amendment was added that removed the word homeopath from the list of restricted titles. In other words, due to this amendment, a homeopath practicing in Arizona would not be charged with a misdemeanor for calling himself or herself a homeopath. That was a good amendment and made the bill slightly better.
However, the advocates did not accept our request to amend the part of the bill that makes it a felony to practice homeopathy or nutrition, so people practicing those services in Arizona could still be criminally prosecuted for practicing homeopathy or nutrition without a license.
One part of the bill made it a misdemeanor to use the title. That has been addressed. A different part of the bill makes it a class 5 felony to do the practices. That has not been addressed. And that is a more serious issue.
Here is the amendment that NHFA has recommended:
32-2911. Persons and acts not affected by chapter
This chapter does not prevent:…
"11. The practice of homeopathy as defined in Ariz Stat. 32-2901 11. or nutrition, as defined in Ariz Stat. 32-2901 19., as long as the practitioner does not hold him or herself out to the public by using the designation "doctor of homeopathy", "homeopathic medical doctor", "homeopathic physician", "doctor of medicine (homeopathic)" or use any words, initials or symbols that lead the public to believe that the person is a licensed health care professional in this state if this is not true."
The proponents of this bill have declined our request to add this exemption to protect other practitioners.
Currently Arizona is one of three states that have a statute that mandates that to practice homeopathic medicine or homeopathy or nutrition you must be a licensed medical doctor. You must then also be licensed as a homeopathic medical doctor by the state of Arizona, unless you are otherwise exempt. Within these laws, Arizona has a definition of "homeopathic medicine" as well as a definition of "homeopathy" and a definition of "nutrition", all of which have been monopolized for years by licensed health care professional Arizona statutes. "Homeopathic medicine" is defined very broadly in statute to include the practice of medicine and basic homeopathy and nutrition, and one must have a medical license to practice any of it.
Two years ago an exemption to criminal charges of practicing homeopathic medicine or homeopathy was passed in Arizona, strongly advocated by a nationally renowned homeopath named Vega Rosenberg. The exemption reads: "This Chapter does not prevent:…10. The practice of providing treatment of the spiritual vital force in accordance with hahnemanian principles through the use of remedies that are diluted beyond the concentration of substances in drinking water and prepared in the manner described in the homeopathic pharmacopoeia of the United States.
Although this exemption did begin to protect the practices of the many unlicensed homeopaths practicing "in accordance with hahnemanian principles," it did not address the fact that Arizona has official definitions of "homeopathy" and "nutrition" which were not included in the language of the exemption. NHFA believes that the existing exemption passed two years ago may not adequately protect homeopaths because it fails to refer to the statutory definitions of homeopathy and nutrition already in Arizona law and now being potentially added to the scope of practice of a new group of non-physician homeopaths in this new bill. The existing above amendment passed two years ago does not address at all the right of persons to practice nutrition.
The new bill, SB1175, would now make things much worse for unlicensed homeopaths and people offering nutrition services in Arizona. This bill requests licensure of unlicensed homeopaths who attend "a school or college that on successful completion results in a degree of doctor of homeopathy and that is approved or accredited by the council on homeopathic education or any board approved similar body in the United States or Canada that accredits that course of study."
SB 1175 is being advocated by a small group of homeopaths who wish to obtain an exclusive privilege to practice a limited scope of "homeopathic medicine" including "the practice of medicine", "homeopathy" and "nutrition", and be able to call themselves "homeopathic doctors", with felony charges for those who practice without a license.
Although advocates of the bill claim they do not wish to mandate that all homeopaths or nutrition practitioners be licensed, the absence of proper exemptions for the basic practice of homeopathy and nutrition will put others in jeopardy
The status of SB 1175 as it moves to the next committee is that it does not contain an exemption for practicing "homeopathy" or "nutrition".
Reasons to Oppose SB1175
#1 NHFA opposes this bill because it mandates the licensure of a non-invasive health occupation which should be protected and exempt from occupational licensure under a safe harbor law. Seven states protect the practice of homeopathy from violations of "unlicensed practice of medicine". NHFA advocates a better approach for health care practitioners of modalities that do not rise to the level of requiring licensure: Safe harbor laws which give a wide variety of natural health practitioners exemption from charges of "practicing medicine without a license." (See http://www.nationalhealthfreedom.org/In ... assed.html
for examples of safe harbor laws in other states.)
#2. At the very least, a bill such as SB 1175 that would give some people the exclusive practice of the limited scope of homeopathic medicine and the exclusive use of the term "homeopathic doctor" should include necessary safe harbor protection for all homeopaths practicing "homeopathy".
#3 SB 1175 also includes nutrition in the licensing scope of practice, thus threatening the right to practice of thousands of Arizona practitioners who help people with nutrition. NHFA believes that helping people to be well with nutrition must remain in the public domain and should not be the exclusive right of a small number of people.
This bill has already passed the full Senate and one committee in the House. It will need to be heard in two more committees: Employment and Regulatory Affairs, and Rules.
SB 1175 is scheduled to be heard in the ERA Committee on Tuesday, March 22.
Please take action to oppose this bill.
Contact Individual Legislators:
If you write or e-mail, begin with Dear Representative ____________:
Include the bill number. For example: Re: Vote No on SB-1175.
It is best to write your own letter about why it is important to you to keep the provision of nutrition and homeopathy in the public domain.
Please contact the bill sponsor, Sen. Nancy Barto, and the members of the Employment and Regulatory Affairs Committee, with this message:
The Message: "I oppose SB 1175 as written. It harms many homeopaths and individuals who provide nutrition consultation. Homeopathy and nutrition are non-invasive services and should be exempt from restrictive government licensure mandates."
Bill Sponsor, Sen. Nancy Barto: nbarto@azleg.gov Phone: (602) 926-5766 Fax: (602) 417-3261
Bob Robson, Chairman brobson@azleg.gov (602) 926-5549 Fax (602) 417-3157
Justin Olson (vice Chair) jolson@azleg.gov (602) 926-5288 Fax (602) 417-3161
Eddie Farnsworth efarnsworth@azleg.gov (602) 926-5735 Fax (602) 417-3122
Jhon Fillmore jfillmore@azleg.gov (602) 926-3012 Fax (602) 417-3123
Sally Ann Gonzales sgonzales@azleg.gov (602) 926-3278 Fax (602) 417-3127
John Kavanagh jkavanagh@azleg.gov (602) 926-5170 Fax (602) 417-3108
Lynne Pancrazi lpancrazi@azleg.gov (602) 926-3004 Fax (602) 417-3179
Daniel Patterson dpatterson@azleg.gov (602) 926-5342 Fax (602) 417-3169
Kimberly Yee kyee@azleg.gov (602) 926-3024 Fax (602) 417-3110
Licensure for Arizona Homeopaths Passes House Health Committee
National Health Freedom Action Opposes SB 1175 Attempt to Add New Licensing Requirements for Homeopathy and Nutrition!
Take action today
The bill in Arizona to mandate licensure for a group of unlicensed homeopathic practitioners who practice homeopathy and nutrition, has passed the House Committee on Health and Human Services. Arizona SB 1175 gives a small group of people exclusive rights to practice homeopathic medicine, including homeopathy and nutrition, and to use the title homeopathic doctor. It does not give a safe harbor exemption for other individuals to offer homeopathy and nutrition.
Overall, NHFA does not support the government mandated licensure of homeopaths. Homeopathy is a profession that does not rise to the level of public harm required for mandatory licensure and exclusivity. Consumers utilize the services of multiple types of homeopaths from around the world, with expansive and diverse educations and trainings. The "law of similars" and access to homeopathic remedies should be protected and remain in the public domain so that the natural wisdom of the universe can continue to be shared among us.
If passed, SB 1175 would set a precedent as the first state in the nation to mandate licensure of homeopaths who are not medical doctors.
TAKE ACTION TO OPPOSE THIS BILL (See the bottom of this email)
In the committee hearing March 16, an amendment was added that removed the word homeopath from the list of restricted titles. In other words, due to this amendment, a homeopath practicing in Arizona would not be charged with a misdemeanor for calling himself or herself a homeopath. That was a good amendment and made the bill slightly better.
However, the advocates did not accept our request to amend the part of the bill that makes it a felony to practice homeopathy or nutrition, so people practicing those services in Arizona could still be criminally prosecuted for practicing homeopathy or nutrition without a license.
One part of the bill made it a misdemeanor to use the title. That has been addressed. A different part of the bill makes it a class 5 felony to do the practices. That has not been addressed. And that is a more serious issue.
Here is the amendment that NHFA has recommended:
32-2911. Persons and acts not affected by chapter
This chapter does not prevent:…
"11. The practice of homeopathy as defined in Ariz Stat. 32-2901 11. or nutrition, as defined in Ariz Stat. 32-2901 19., as long as the practitioner does not hold him or herself out to the public by using the designation "doctor of homeopathy", "homeopathic medical doctor", "homeopathic physician", "doctor of medicine (homeopathic)" or use any words, initials or symbols that lead the public to believe that the person is a licensed health care professional in this state if this is not true."
The proponents of this bill have declined our request to add this exemption to protect other practitioners.
Currently Arizona is one of three states that have a statute that mandates that to practice homeopathic medicine or homeopathy or nutrition you must be a licensed medical doctor. You must then also be licensed as a homeopathic medical doctor by the state of Arizona, unless you are otherwise exempt. Within these laws, Arizona has a definition of "homeopathic medicine" as well as a definition of "homeopathy" and a definition of "nutrition", all of which have been monopolized for years by licensed health care professional Arizona statutes. "Homeopathic medicine" is defined very broadly in statute to include the practice of medicine and basic homeopathy and nutrition, and one must have a medical license to practice any of it.
Two years ago an exemption to criminal charges of practicing homeopathic medicine or homeopathy was passed in Arizona, strongly advocated by a nationally renowned homeopath named Vega Rosenberg. The exemption reads: "This Chapter does not prevent:…10. The practice of providing treatment of the spiritual vital force in accordance with hahnemanian principles through the use of remedies that are diluted beyond the concentration of substances in drinking water and prepared in the manner described in the homeopathic pharmacopoeia of the United States.
Although this exemption did begin to protect the practices of the many unlicensed homeopaths practicing "in accordance with hahnemanian principles," it did not address the fact that Arizona has official definitions of "homeopathy" and "nutrition" which were not included in the language of the exemption. NHFA believes that the existing exemption passed two years ago may not adequately protect homeopaths because it fails to refer to the statutory definitions of homeopathy and nutrition already in Arizona law and now being potentially added to the scope of practice of a new group of non-physician homeopaths in this new bill. The existing above amendment passed two years ago does not address at all the right of persons to practice nutrition.
The new bill, SB1175, would now make things much worse for unlicensed homeopaths and people offering nutrition services in Arizona. This bill requests licensure of unlicensed homeopaths who attend "a school or college that on successful completion results in a degree of doctor of homeopathy and that is approved or accredited by the council on homeopathic education or any board approved similar body in the United States or Canada that accredits that course of study."
SB 1175 is being advocated by a small group of homeopaths who wish to obtain an exclusive privilege to practice a limited scope of "homeopathic medicine" including "the practice of medicine", "homeopathy" and "nutrition", and be able to call themselves "homeopathic doctors", with felony charges for those who practice without a license.
Although advocates of the bill claim they do not wish to mandate that all homeopaths or nutrition practitioners be licensed, the absence of proper exemptions for the basic practice of homeopathy and nutrition will put others in jeopardy
The status of SB 1175 as it moves to the next committee is that it does not contain an exemption for practicing "homeopathy" or "nutrition".
Reasons to Oppose SB1175
#1 NHFA opposes this bill because it mandates the licensure of a non-invasive health occupation which should be protected and exempt from occupational licensure under a safe harbor law. Seven states protect the practice of homeopathy from violations of "unlicensed practice of medicine". NHFA advocates a better approach for health care practitioners of modalities that do not rise to the level of requiring licensure: Safe harbor laws which give a wide variety of natural health practitioners exemption from charges of "practicing medicine without a license." (See http://www.nationalhealthfreedom.org/In ... assed.html
for examples of safe harbor laws in other states.)
#2. At the very least, a bill such as SB 1175 that would give some people the exclusive practice of the limited scope of homeopathic medicine and the exclusive use of the term "homeopathic doctor" should include necessary safe harbor protection for all homeopaths practicing "homeopathy".
#3 SB 1175 also includes nutrition in the licensing scope of practice, thus threatening the right to practice of thousands of Arizona practitioners who help people with nutrition. NHFA believes that helping people to be well with nutrition must remain in the public domain and should not be the exclusive right of a small number of people.
This bill has already passed the full Senate and one committee in the House. It will need to be heard in two more committees: Employment and Regulatory Affairs, and Rules.
SB 1175 is scheduled to be heard in the ERA Committee on Tuesday, March 22.
Please take action to oppose this bill.
Contact Individual Legislators:
If you write or e-mail, begin with Dear Representative ____________:
Include the bill number. For example: Re: Vote No on SB-1175.
It is best to write your own letter about why it is important to you to keep the provision of nutrition and homeopathy in the public domain.
Please contact the bill sponsor, Sen. Nancy Barto, and the members of the Employment and Regulatory Affairs Committee, with this message:
The Message: "I oppose SB 1175 as written. It harms many homeopaths and individuals who provide nutrition consultation. Homeopathy and nutrition are non-invasive services and should be exempt from restrictive government licensure mandates."
Bill Sponsor, Sen. Nancy Barto: nbarto@azleg.gov Phone: (602) 926-5766 Fax: (602) 417-3261
Bob Robson, Chairman brobson@azleg.gov (602) 926-5549 Fax (602) 417-3157
Justin Olson (vice Chair) jolson@azleg.gov (602) 926-5288 Fax (602) 417-3161
Eddie Farnsworth efarnsworth@azleg.gov (602) 926-5735 Fax (602) 417-3122
Jhon Fillmore jfillmore@azleg.gov (602) 926-3012 Fax (602) 417-3123
Sally Ann Gonzales sgonzales@azleg.gov (602) 926-3278 Fax (602) 417-3127
John Kavanagh jkavanagh@azleg.gov (602) 926-5170 Fax (602) 417-3108
Lynne Pancrazi lpancrazi@azleg.gov (602) 926-3004 Fax (602) 417-3179
Daniel Patterson dpatterson@azleg.gov (602) 926-5342 Fax (602) 417-3169
Kimberly Yee kyee@azleg.gov (602) 926-3024 Fax (602) 417-3110