Stop Homeopathic Licensure in Ariizona

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National Health Freedom Coalition

supports the following Action Alert from

National Health Freedom Action

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 homeopathyâ€, “homeopathic medical doctorâ€, “homeopathic

physicianâ€, “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.â€

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 m

andates 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

medicineâ€

as well as a definition of “homeopathy†and a definition of

“nutritionâ€,

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,â€

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.â€

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 medicineâ€, “homeopathy†and

“nutritionâ€

, and be able to call themselves “homeopathic doctorsâ€, 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 “nutritionâ€.

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 medicineâ€. 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/InfoCenter/laws_passed.html_

(http://www.nationalhealthfreedom.org/InfoCenter/laws_passed.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 â€homeopathyâ€.

#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. 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.â€

Bill Sponsor, Sen. Barto: _nbarto@... _

(mailto:nbarto@...) Phone: (602) 926-5766 Fax: (602) 417-3261

Bob Robson, Chairman _brobson@..._ (mailto:brobson@...)

(602) 926-5549 Fax (602) 417-3157

Olson (vice Chair) _jolson@..._ (mailto:jolson@...)

(602) 926-5288 Fax (602) 417-3161

Eddie Farnsworth _efarnsworth@..._ (mailto:efarnsworth@...)

(602) 926-5735 Fax (602) 417-3122

Jhon Fillmore _jfillmore@..._ (mailto:jfillmore@...) (602)

926-3012 Fax (602) 417-3123

Sally Ann _sgonzales@..._ (mailto:sgonzales@...)

(602) 926-3278 Fax (602) 417-3127

Kavanagh _jkavanagh@... _ (mailto:jkavanagh@... ) (602)

926-5170 Fax (602) 417-3108

Lynne Pancrazi _lpancrazi@..._ (mailto:lpancrazi@...) (602)

926-3004 Fax (602) 417-3179

_dpatterson@..._ (mailto:dpatterson@...)

(602) 926-5342 Fax (602) 417-3169

Ye _kyee@..._ (mailto:kyee@...) (602) 926-3024 Fax

(602) 417-3110

____________________________________

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Write:

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____________________________________

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St. , MN 55116-1863

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