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California Health Freedom Act

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California Health Freedom Act

Posted by Sapphire [2999.4205] on August 28, 2008 at 14:24:49:

This is the legislation in California which allows for the practice of alternative medicine. (A friend who involved in this sent me this link) :



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Re: California Health Freedom Act

Posted by Jan DeCourtney, CMT (Happygal) [7244.4789] on August 28, 2008 at 18:17:51:

In Reply to: California Health Freedom Act posted by Sapphire [2999.4205] on August 28, 2008 at 14:24:49:

Hi Sapphire,

We need something like that in Colorado.

Best wishes,
Jan


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Re: California Health Freedom Act

Posted by Sapphire [2999.4205] on August 28, 2008 at 19:20:35:

In Reply to: Re: California Health Freedom Act posted by Jan DeCourtney, CMT (Happygal) [7244.4789] on August 28, 2008 at 18:17:51:

Hi Jan,

I was checking online and apparently only a handful of states have such legislation:

"In addition, some U.S. states have proven willing to allow nonlicensed practitioners to diagnose and treat patients, and forms of nonlicensed practice have been approved in California, Rhode Island, Idaho, Louisiana and Oklahoma. As a result, between 2000 and 2006, 15 percent of the U.S. population gained some access to nonlicensed practitioners. [41]"



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Re: California Health Freedom Act

Posted by Sapphire [2999.4205] on August 28, 2008 at 19:38:14:

In Reply to: Re: California Health Freedom Act posted by Jan DeCourtney, CMT (Happygal) [7244.4789] on August 28, 2008 at 18:17:51:

Jan,

What kinds of practitioners would benefit from this kind of legislation in Colorado? I don't fully understand all of this.

Sapphire


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Re: California Health Freedom Act Archive.

Posted by Walt Stoll [93.4968] on August 29, 2008 at 08:34:25:

In Reply to: California Health Freedom Act posted by Sapphire [2999.4205] on August 28, 2008 at 14:24:49:

Thanks, Sapphire.

I surely could have used this in KY 30 years ago!

Walt


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Re: California Health Freedom Act

Posted by Jan DeCourtney, CMT (Happygal) [7244.4789] on August 29, 2008 at 11:03:58:

In Reply to: Re: California Health Freedom Act posted by Sapphire [2999.4205] on August 28, 2008 at 19:38:14:

Hi Sapphire,

Thanks for looking up the article on wikipedia.

In Colorado -- many. Especially in Boulder, we have many, many alternative modalities and such legislation could make sure they will continue to have freedom to practice.

Last month they just started requiring regulation of massage therapists here. I'm not happy about it. It means an annual fee and a criminal record check, and for what? It doesn't help the public, really. One of the state agencies did a complete study about licensing massage therapists and found that it really wasn't necessary, but some (IMHO) not-so-bright therapists thought having a credential is a good idea.

Best wishes,
Jan



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Re: California Health Freedom Act Archive.

Posted by Sapphire [2999.4205] on August 31, 2008 at 11:03:21:

In Reply to: Re: California Health Freedom Act Archive. posted by Walt Stoll [93.4968] on August 29, 2008 at 08:34:25:

Here's the full text for the archives in case the link gets diabled:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The California Health Freedom Act was signed into law on September 23, 2002. This bill allows full practice of alternative healing methods by non-licensed individuals, within certain clearly defined parameters.

As of January 1, 2003, Naturopaths, herbalists, homeopaths, and other practitioners will be allowed to freely practice in California.

The full text of this Senate Bill is presented below so that both consumers and practitioners have access to these guidelines set by the State. This is being provided for informational purposes only and we make no attempt to interpret or give advise on the contents of the bill..

California Senate Bill SB577
SECTION 1.

The Legislature hereby finds and declares all of the following:

Based upon a comprehensive report by the National Institute of Medicine and other studies, including a study published by the New England Journal of Medicine, it is evident that millions of Californians, perhaps more than five million, are presently receiving a substantial volume of health care services from complementary and alternative health care practitioners. Those studies further indicate that individuals utilizing complementary and alternative health care services cut across a wide variety of age, ethnic, socioeconomic, and other demographic categories.
Notwithstanding the widespread utilization of complementary and alternative medical services by Californians, the provision of many of these services may be in technical violation of the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code). Complementary and alternative health care practitioners could therefore be subject to fines, penalties, and the restriction of their practice under the Medical Practice Act even though there is no demonstration that their practices are harmful to the public.
The Legislature intends, by enactment of this act, to allow access by California residents to complementary and alternative health care practitioners who are not providing services that require medical training and credentials. The Legislature further finds that these nonmedical complementary and alternative services do not pose a known risk to the health and safety of California residents, and that restricting access to those services due to technical violations of the Medical Practice Act is not warranted.

SECTION 2.
Section 2053.5 is added to the Business and Professions Code, to read:2053.5.

Notwithstanding any other provision of law, a person who complies with the requirements of Section 2053.6 shall not be in violation of Section 2051, 2052, or 2053 unless that person does any of the following:
Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body.
Administers or prescribes x-ray radiation to another person.
Prescribes or administers legend drugs or controlled substances to another person.
Recommends the discontinuance of legend drugs or controlled substancesprescribed by an appropriately licensed practitioner.
Willfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create risk of great bodily harm, serious physical or mental illness, or death.
Sets fractures.
Treats lacerations or abrasions through electrotherapy.
Holds out, states, indicates, advertises, or implies to a client or prospective client that he or she is a physician, a surgeon, or a physician and surgeon.
A person who advertises any services that are not unlawful under Section 2051, 2052, or 2053 pursuant to subdivision (a) shall disclose in the advertisement that he or she is not licensed by the state as a healing arts practitioner.

SECTION 3.
Section 2053.6 is added to the Business and Professions Code, to read:

2053.6.

A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051, 2052, or 2053 shall, prior to providing those services, do the following:
Disclose to the client in a written statement using plain language the following information
That he or she is not a licensed physician
That the treatment is alternative or complementary to healing arts services licensed by the state.
That the services to be provided are not licensed by the state.
The nature of the services to be provided.
The theory of treatment upon which the services are based.
His or her educational, training, experience, and other qualifications regarding the services to be provided.
Obtain a written acknowledgement from the client stating that he or she has been provided with the information described in paragraph (1). The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years.
The information required by subdivision (a) shall be provided in a language that the client understands.
Nothing in this section or in Section 2053.5 shall be construed to do the following:
Affect the scope of practice of licensed physicians and surgeons.
Limit the right of any person to seek relief for negligence or any other civil remedy against a person providing services subject to the requirements of this section. .




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Re: California Health Freedom Act Archive.

Posted by Walt Stoll [93.4968] on September 01, 2008 at 07:31:30:

In Reply to: Re: California Health Freedom Act Archive. posted by Sapphire [2999.4205] on August 31, 2008 at 11:03:21:

Thanks, Sapphire.

Walt


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