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Findings from: http://www.naturalhealers.com/qa/herbal.html#ql1
"...How do states regulate the practice of herbal medicine?
In general, the "practice of medicine" is regulated according to the state’s licensing laws. The "scope" of the license dictates how you can use herbal medicine. For example, a licensed midwife may be allowed to use herbs in her practice, but only as they relate to a woman’s health, pregnancy or childbirth.
Herbalists generally fall under the state regulations governing a small business owner rather than under the laws concerned with the practice of medicine. If an herbalist is growing herbs for other people’s use, or manufacturing a product from raw herbs, regulations pertaining to the safe production of foods or food supplements may apply. Some states do restrict the sale of certain herbs considered potentially harmful, such as ephedra (ma huang). Professional organizations such as the American Herbal Products Association help members conform with these types of regulation..."
"...Can a herbalist practice medicine?
Legally, in the United States, the practice of medicine is restricted to those professionals who have a license. Practice is generally defined as both diagnosis and prescription, with a focus on the treatment of disease (the laws vary from state to state). There are no restrictions, however, on teaching people how to take better care of themselves. Most herbalists define themselves as teachers, healers or counselors rather than as medical practitioners.
Several natural medicine professions are licensed and do use herbal medicine as part of their practice. So herbalists who want to practice medicine generally choose to do so under the license of another profession such as acupuncturist or naturopathic doctor..."
"...How can a student become certified or recognized as a professional herbalist?
The American Herbalists Guild (AHG) offers a professional membership.
The list of professional members is available through their web site.
The AHG grants a professional membership following a peer-review by the admissions committee. Applicants must submit a personal and professional biography outlining their experience and training, have at least three to four years experience in herbal medicine, provide three letters of reference from other professional herbalists, complete an AHG questionnaire, and pay an application fee. Licensed practitioners are granted membership upon submitting proof of their training and license as well as a short personal and professional biography and curriculum vitae.
Many highly respected herbalists in this country have no professional certification or licensing. Their reputations come through the quality of their work -- whether as teachers, manufacturers of products, or writers. This is a profession where the ability to carve your own niche can be the most important factor in professional success..."
Findings from: http://www.rmhiherbal.org/ai/faq.html
"...What are the legal issues I need to consider?
In the U.S., herbalists generally do not need licenses to practice as long as they follow certain guidelines established by the courts. Read the following articles for details:
Findings from: http://www.rmhiherbal.org/a/f.ahr3.rights.html
Strategies for defending your rights as a herbalist.
Many alternative health practitioners are vaguely aware of the desirability of avoiding claiming to treat or cure disease, in order to avoid being accused of practicing of medicine without a license. Here is the low-down, complete with U.S. and state Supreme Court case citations, that explicitly outlines the boundaries that herbalists and other alternative practitioners must not cross. Know your rights and obligations so that you can practice lawfully and ethically. Note: a state health-care practice license (massage, chiropractic, acupuncture, etc) does not necessarily protect you from the need to know this information.
Findings from: http://www.rmhiherbal.org/a/f.ahr5.summ.html
Checklist for protecting your rights as a herbalist.
Conclusions and guidelines are derived from the preceding articles to help herbalists defend their right to assist and educate the public..."
You will note they make a similar disclaimer and suggest one is professionally appraised of their legal rights. But there is valuable information in both of these articles.
For example:
"...The First Amendment to the U.S. Constitution protects freedom of speech, including that of an educational nature. You do not need a license to exercise such rights, as long as you are not practicing medicine, which includes diagnosing medical illnesses or prescribing treatment for such conditions. Most courts consider use of the words "diagnose", "treatment", or "prescribe" in your office brochures or in talking to clients to be prima facie evidence (evidence sufficient to establish a fact unless rebutted) of practicing medicine. Even if you use other words, but your intent can be shown to be the practice of medicine (diagnosing and prescribing treatment or remedies), you are still in jeopardy. ..
...Do not use the professional title "Dr." in conjunction with claims to treat illness. Even if you have a valid Ph.D. in a health-related field, it is recommended that you not use the term "Dr." to prevent your clients from thinking, mistakenly, that you might be a medical doctor. In addition, if a potential client calls you on the phone and refers to you as "Dr." So-and-So, you must correct them immediately by informing them that you are not a medical doctor, or you could become guilty of passive fraud..."
"The right to practice herbology, legal history and basis
American herbalists' realpolitik, essay #3. How to avoid the sin of "practicing medicine" without a license is systematically explored from a historical and legal perspective, stripping it of its mystery.
Herbalists helping people regain health are not practicing medicine if they follow specific guidelines.
By Roger Wicke, Ph.D. (who is not a "doctor", but merely a harmless herbalist) ..."
You might wish to visit the American Herbalist's Guild, mentioned above:
http://www.americanherbalistsguild.com/main.htm
This link, in particular, may be of interest to you:
http://www.americanherbalistsguild.com/BULLETINS/california_passes_a_health_freed.htm
"California Passes A Health Freedom Bill!
California has passed landmark health freedom legislation - Senate Bill 577. In fact, the bill passed the legislature without a single "no" vote.
On September 23, 2002, Senate Bill 577 was signed into law by Governor Davis. As he said when he signed the bill, SB 577 "will ease access to alternative and complementary health care options for all Californians." He also stated that "the bill provides adequate safeguards for California consumers and enables them to make an informed choice regarding their personal health care."
SB 577, authored by Senate Pro Tem John Burton (D-San Francisco), provides that a person is not in violation of certain provisions of the Medical Practice Act (that prohibit the practice of medicine to anyone who is not a licensed physician) as long as that person does not engage in certain specified medical acts. It also requires specified disclosures to each client about practitioner training and method of treatment. Client receipt of disclosure materials must be acknowledged in writing.
The California Health Freedom Coalition (CHFC), sponsor of the Bill, expects that SB 577 will change and improve the culture of health care in California by enhancing access to alternative forms of health care.
Since the law also requires unlicensed alternative and complementary health care practitioners to provide basic information to consumers about themselves, their training, and their work, it also serves to enhance consumer safety.
SB577 will become effective January 1, 2003.
In this California joins Wisconsin and Rhode island as the third state in the country to pass such sweeping legislation liberalizing and decriminalizing alternative and complementary medicine..."
There is also an excellent page of links to be found here:
http://www.americanherbalistsguild.com/herblinks.htm
You will find useful information at the New York, New Jersey Medical
Library Association as well:
http://www.nynjmla.org/nynjnews_fall_2001_10.html
"...The Training and Certification of Herbalists
by Patricia A. Tomasulo, MLS, AHIP
Coordinator of Information Resources
New York University School of Medicine
...Unlike in Europe, and specifically in Great Britain, there is no standard training and certification program for herbalists in the US.
As would be expected, this makes finding a competent herbalist somewhat problematic for the client. Currently, to attain status as an American Herbalists Guild professional member, the herbalist must successfully undergo an admissions review process by a group of peers to assure that a relatively high level of competency, education, and experience has been attained. American Herbalists Guild members have specific continuing education requirements and follow a code of ethics. To be certified, an herbalist must prove a minimum of four years of clinical experience, and submit three letters of reference from professional herbalists. Professional American Herbalists Guild members can be identified by the term "Herbalist AHG" after their name (some herbalists simply use "AHG" after their name). The AHG is planning to develop a National Certification Examination in Botanical Medicine in conjunction with the Botanical Medicine Academy, and change the professional member category to "registered herbalist" and "certified clinical herbalist."...
HealthChild.com also speaks about herbalist requirements in the US:
http://www.healthychild.com/database/choosing_a_health_practitioner_for_your_child.htm
"...Herbalists - No specific degree or license is required to advise about herbs. Currently the American Herbalists Guild is the only association of medical herbalists in the United States whose professional members are determined by an admissions review process to assure that a relatively high level of competency, education, and experience has been attained. American Herbalists Guild members have specific continuing education requirements and follow a code of ethics. Professional American Herbalists Guild members can be identified by the term “Herbalist AHG” after their name (some herbalists simply use “AHG” after their name).
To find a herbalist in your area, contact the American Herbalists Guild:
http://www.healthy.net/herbalists/Finding.htm
American Herbalists Guild
P.O. Box 70, Rosevelt, UT 84066
Phone: (435) 722-8434 - Fax: (435) 722-8452
Email: ahgoffice@earthlink.net
...
A thread at PandaMedicine also confirms that herbalists are not (yet
as of 2002) licensed in the US:
http://www.pandamedicine.com/rt_education/73-1.html
Additional links of interest:
Herbs
http://www.tempestwolf.com/herbs/herbs/herbs.htm
"...A visit to an herbalist can cost about $60 dollars or so, however the herbalist CANNOT diagnose (due to federal law) what is wrong with anyone, nor can they prescribe medication. What's the point then?
Well, by interviewing someone about their lifestyle and eating habits, an herbalist may be able to see bad eating habits or certain situations that are adversely affecting someone's health and then can recommend that that person change his/her eating habits, or do relaxation techniques to reduce stress, or try certain herbs to supplement his/her diet. The herbalist's goal is to help a person become and stay healthy, body, mind and soul..."
Institute of Chinese Herbology
http://www.ich-herbschool.com/ich_programsT.html
"...Concerning State Licensing for Herbalists
At this time, no state has authorized separate licensing for practicing herbalists. In many states, only a licensed Acupuncturist or Naturopath can legally prescribe herbs using a western diagnosis.
However, that does not prevent you from seeing patients and suggesting formulas for them in accordance with Chinese Medical theory.
So it is not using herbs that is at issue but diagnosing a western named disease and suggesting a treatment, without having a medical license issued from the state you practice in..."
(Note: This page was updated in March of 2004)
Naturopathy in the State of California
by Robert J. Thiel, Ph.D., N.D.
President, Center for Natural Health Research
http://members.aol.com/drthiel/nat-cal.htm
"...The State of California passed legislation that specifically mentioned naturopathy in 1909--this allowed the board of medical examiners to endorse a properly validated certificate issued by the "Association of Naturopaths of California". To receive the certificate, the Association of Naturopaths of California examined each applicant and upon passing a naturopathic examination was issued a diploma conferring the degree of Naturopathic Doctor. From 1909 to 1913, 103 certificates were endorsed under this legislation. In 1957, about eight were still in practice. Since 1914, all future naturopaths have practiced in California without any endorsed certificate. They, like all Californians, are allowed to provide advice concerning food, food ingredients, and the use of dietary supplements under California
B&P Code 2068 as well as it appears, herbs and waters as per the herbalist charter. Other naturopathic modalities have continued to be practiced in California, which were not specifically mentioned in the preceding documents in accordance with the 9th amendment to the U.S. Constitution.
These practices are also consistent with the only known California legal precedent. In 1923, the Court of Second Appellate District, Division One, in ruling on Millsap vs. Alderson et al. found that although the terms naturopathy and naturopath were not defined in legislation, the 1909 law allowing for the practice of naturopaths certified by the Association of Naturopaths of California did officially recognize the definition provided by that association. That definition included no invasive therapies or other allopathic modalities the Association's founder wrote, "The materia medica of the Naturopath consists of Light, Air, Water, Clay, Heat, besides Exercise, Rest, non stimulating diet, Electricity, Magnetism, Massage, Physical and Mental Culture, etc." (Schultz, Carl Dr. The Association of Naturopaths of California. The Naturopath, August 1904, p.203). The court further stated "From these definitions of a physician and surgeon and that of a naturopath it must be evident that the calling of profession of one differs materially from the calling or profession of the other; that the system of healing employed by the naturopath has little in common with that employed by the physician and surgeon, and that, while the physician and surgeon is authorized to treat the sick and afflicted by any and all methods and means, the naturopath is limited in his treatment to his particular system"...
HappyHerbalist.com
http://www.happyherbalist.com/
"..."California Acupuncturists are the only licensed health care professionals who are required to be trained and tested for competency in the prescription of herbal medicine”. “In recent years, herbs have become very popular. They’re available in health food stores, supermarkets, and on the Internet. While herbs are promoted as safe, gentle, inexpensive, “natural” alternatives to pharmaceutical drugs, many health care professionals have concerns about safety, effectiveness, and potential misuse of herbal products, especially when self-prescribed. There are also questions of purity, strength, and standardization of herbs, and considerations of side effects when taken in combination with other drugs. Chinese herbal medicine has been practiced safely and effectively for centuries and has the greatest potential for beneficial results when prescribed by a trained professional who recognizes the benefits and risks..."
TCWEllness.com
http://www.tcwellness.com/issues/1999/05/9.html
"...OUR "FREEDOM OF Access/Freedom of Practice" complementary and alternative medicine (CAM) bill (house file #537) suffered a setback, but not a death, on March 18 before the House Civil Law Committee. It was tabled for nine months (which means it will be "studied" and brought up again next year). I felt that the bill was not understood and was prematurely torpedoed. It is clear that we need to continue to educate people. This is not a licensure bill and it is not being pushed to protect any given profession, but to allow widespread freedom of access and practice for all kinds of CAM, from herbs to collostrum milk to homeopathy to massage. This bill is designed to protect the rights of the public to receive any kind of safe alternative, or to originate and practice any kind of CAM profession..."
National Institute of Health
Environmental Health Perspectives
http://ehp.niehs.nih.gov/docs/1996/104-9/focus.html
Environmental Health Perspectives
Volume 104, Number 9
September 1996
Herbal Medicine at a Crossroads
"...In the United States, regulation of herbal medicine-type products changed in 1994 with the passage of the Dietary Supplement Health and Education Act (DSHEA). This law reclassified herbal products, along with vitamins and minerals, as dietary supplements--a category somewhere between food and over-the-counter drugs. Under the DSHEA law, a manufacturer may make structure-function claims for a product on its label, provided these claims are supported by scientific evidence. This places the burden of proof on the FDA to show that a product poses danger before it can restrict sales.
In January 1996, following a schedule set forth in the new law, the FDA proposed new labeling rules for dietary supplements, including herbal medicinal products. The standards would follow the same basic format as for processed foods regarding nutritional information, but would permit product labels to list "nonessential dietary ingredients, such as herbs." The rules are expected to be finalized and in effect by early 1997..."
And from Chinese American Health
Traditional Chinese Medicine in Chinese-American Communities
Fall 1996
Conrad Wang, Cornell University
http://www.camsociety.org/issues/Attitudes.htm
"...Although traditional Chinese medicine is enjoying growing popularity in the United States, there are a number of legal and professional issues that need to be resolved. The main one being the need to license and regulate those who practice traditional Chinese medicine. Currently, only acupuncture is licensed and regulated by the states...
...The advent of regulation -- from a national board examination to state licensing -- often means greater legitimacy for a given profession. This is what is sorely needed in the area of herbal medicine, which is gaining popularity in the U.S Even though herbal medicine plays a greater role in traditional Chinese medicine than acupuncture and is utilized more often by patients, there is no licensing or regulation of herbalists in the United States. In most states, herbal medicine is not recognized as a legitimate medical procedure. Currently, some states allow herbal treatments to be administered by a certified acupuncturist. The U.S. Food and Drugs Administration does not regulate most herbal medicines as long as they do not claim to cure illnesses..."
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