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Protecting Your Practice

 
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PostPosted: Dec Sun 17, 2006 1:23 pm    Post subject: Protecting Your Practice Reply with quote

Protecting Your Practice

Protecting Your Practice, Legal Considerations for Alternative & Natural Health Practitioners
By Ray Dielman, N.D., C.N.H.P.

The unlicensed practice of natural healing is essentially illegal in this country. Most state medical practice acts, the laws that regulate the practice of medicine, require that an individual be licensed to practice any of the healing arts. Most laws prohibit anyone other than physicians from diagnosing, treating or prescribing for any emotional condition, disorder or ailment unless he or she is licensed to perform such activity (e.g., dentists, podiatrists, chiropractors, optometrists, psychologists, naturopaths, etc.).

Licensure begins prior to practice laws as most cities, counties, and states have laws requiring a license to operate a business or practice called an occupational license, the method by which you are granted the privilege of engaging in or managing any business, profession or occupation. For purposes of this article any person holding themselves out to the public by sign, printed matter and telephone to sell anything, shall be considered to be in business. In addition to the occupational license, you may be subject to another license if you operate your business out of your home. Further, no occupational licenses are usually issued to any person required by state laws to be registered and issued a certificate to practice any profession unless you are dully qualified to practice in your state.

One particular group of health practitioners, Doctors of Naturopathy, are licensed and regulated in the following states: Alaska, Arizona, Connecticut, Hawaii, Maine, Montana, New Hampshire, Oregon, Utah, Vermont, Washington; as well as the Canadian provinces of Ontario and Manitoba. The District of Columbia regulates and registers naturopaths. The state of Florida has a licensure law in effect but does not license anyone. Currently there are no laws regulating herbalists.

State legislators pass laws that are usually developed by one or more special interest groups. They purport to protect the public health and safety and sometimes they do. However, all practice laws are monopolistic, facilitating economic control and exclusion.

State by state legislation varies in specific content, but they all follow a model: definitions, powers and duties of the administrating department or board, disciplinary action, educational requirements and penalties, i.e., "...practice or advertise to practice naturopathy or use with his name any designation tending to imply or to designate him as a practitioner of naturopathy without them being lawfully licensed and authorized to practice naturopathy in this state...," "shall be guilty of a felony of the third degree."

Most practitioners have heard the phrase, "Practicing medicine without a license," but may be unaware of the significance of this phrase. Physicians use certain terminology to describe their activities: "consult with a patient," "treatment", "prescribe", "diagnose", "cure", "illness", "relieve symptoms." The use of these words or phrases by non-physicians when dealing with clients may constitute prima facie evidence of practicing medicine. Prima facie evidence would, if uncontested, establish a fact or presumption of a fact. Therefore, if you converse with a client using words reserved for the medical profession, you may have to demonstrate that your intent was not to practice medicine. The best way to protect your rights is to not use "medical" words.

If your actions demonstrate that your purpose is to "diagnose" and "treat", you may still be perceived to be practicing medicine. How does one neither "treat" nor "diagnose"? A client asks the practitioner to cure her arthritis. If the practitioner explains to the client that he or she cannot cure anything, but that he or she assists people in seeking to build health and resistance by informing them about nutrients and herbs, the practice of medicine has not occurred. If the practitioner shows the client a reference book on herbal use, effects and which lists diseases that herbs have been shown to help, no practice of medicine has taken place. However, if the practitioner states "these herbs will relieve your arthritis," the line has been crossed. Some practitioners start out at risk by saying to their "patients", "this can cure..." "take this medicine," "we will continue the treatment..." "we will do diagnostic tests." The distinction between treating and assisting people is education. Therefore, educate your clients to become aware of their bodies so they can take responsibility for their own health.

A health practitioner's use of the title "doctor" can also be seen as a prima facie evidence of practicing medicine without a license. If a client addresses you as doctor, even if you have an academic or professional (non-medical) degree as a doctor, you would be well advised to correct the client promptly. Make clear you are not a medical doctor and that you do not practice medicine, prescribe drugs or do surgery. Many licensed, non-physician, practitioners, i.e., chiropractors, optometrists, massage therapists, acupuncturists and nurses believe that being licensed in their professions allows them to embrace other areas of diagnosis and treatment. A careful reading of your state's licensure law concerning scope of practice for your profession will demonstrate the limits of your authority. If your state does not authorize you to diagnose and cure disease or limits you to a body system, part or role, you may wish to take the same precautions as unlicensed practitioners to avoid the practice of medicine.

In summary, be advised not to use the words and phrases reserved by the medical profession; promptly correct clients who call you doctor advising them that you are not a medical doctor and do not practice as a physician; and do educate your clients in achieving good health.

Source: HealthKeepers Magazine, Vol. II, Issue I
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