Safe Harbor Laws for Unlicensed Complementary and Alternative Health Care Practitioners: What are they and why are they important?
National Health Freedom Coalition and it’s sister organization,National Health Freedom Action, supports the passage of Safe Harbor bills in states that do not currently have them. What are Safe Harbor laws? Safe Harbor laws protect access to complementary and alternative health care practitioners who do not hold state occupational licenses and who practice in the public domain. These practitioners use a broad range of health care and healing modalities, and they include herbalists, traditional naturopaths, Ayurveda practitioners, energy healers, wellness consultants, homeopaths, body workers, culturally specific healing practices, and many more.
Giving a child chicken soup can violate medical practice acts
States have medical practice acts, laws that prohibit the practice of medicine without a license. The problem begins when the “practice of medicine,” as defined in these medical practice acts, is so broad that it prohibits healing actions like providing over-the-counter medicine to a sick child or feeding that child chicken soup.
As an example, Florida defines the “practice of medicine” as “the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.” Fla. Stat. § 458.305(3) (2005).
When an unlicensed practitioner “practices medicine” by, for example, treating someone’s pain through Reiki, or by providing a healing herb, this can violate the medical practices laws of that state. The medical practice acts provide for various punishments for infringements of these laws. Using Florida as the example, “The practice of medicine or an attempt to practice medicine without a license to practice in Florida” is a felony in the third degree, punishable by prison time not to exceed 5 years, and such other punishments as fines. Fla. Stat. § 458.327(1)(a) (2005).
No need for a license when the practice does not pose an imminent danger
Historically these complementary and alternative health care practitioners have been unfairly charged with the practice of medicine without a license. States, through their police powers, have the right to require licenses to protect the safety and welfare of their citizens. They do not have the constitutional right, however, to require licensing of practices that do not pose an imminent risk of harm to the public’s health and safety. The broad range of healthcare and healing practitioners covered by Safe Harbor laws do not pose an imminent risk of harm to the health and safety of the public.
People want natural healing, and the economy benefits
Alternative health practitioners provide vital services to consumers and reduce the health care burden on mainstream health services. Research from 2016 indicates that 49% of Americans utilize complementary and alternative health care options and that use of these options is only rising. Consumers spend $30 billion annually out-of-pocket on complementary and alternative products and services. Not only do the practitioners need protection, but the consumers need protection of their access!
The complementary and alternative health care industry supports thousands of families, while providing safe and beneficial options to the public.
Safe Harbor provides exemptions to the practices acts
Safe Harbor bills and laws exempt complementary and alternative practitioners from these medical practice acts if they avoid prohibited acts, such as breaking the skin, and mandatory disclosures of the nature of their services. This provides benefits for the consumer as it increases practitioner disclosure to the consumer. Prohibited acts also include practices reserved exclusively for licensed professions, such as prescribing drugs, administering radiation, or performing surgery. Required disclosures include professional contact information, description of the service, credentials and qualifications, confidentiality statement, and more.
Safe Harbor States
Eleven states now protect consumer access to these practitioners on some level, including Oklahoma, Idaho, Minnesota, Rhode Island, California, Louisiana, New Mexico, Arizona (limited exemption for homeopaths only), Colorado, Nevada, and Maine. Eighteen additional states have introduced similar legislation within the past ten years, including Connecticut, Florida, Georgia, Hawaii, Iowa, Maryland, Massachusetts, Michigan, Montana, New York, North Carolina, North Dakota, Ohio, Texas, Utah, Virginia, Washington, and Wisconsin. More states are preparing to do so in the future.
Contact NHFA for support
Legislation protecting consumer access and the right to practice is spreading nationally. Freedom of choice in health care stands among our most personal and cherished liberties. Contact National Health Freedom Action at info.nhfa@nationalhealthfreedom.org and see how we can help you with a group in your state! Discuss Safe Harbor with an attorney; we work to provide you with the resources you need to participate in the political process and pass a Safe Harbor law in your state. We will host conference calls, provide model language, draft point documents, and draft and circulate Action Alerts to send messages to legislators. We do not charge for our services, but we do welcome donations to our non-profit organization.
