Newsletters > Summer 1998 > How to Make Natural Health Legal, by Diane Miller, JD
We know what we DON'T want. No random prosecution of
our health care providers! But now our sister organization, the Minnesota
Natural Health Coalition Political Fund, wants to tell you what they DO want.
The drafting of legislation has begun! After almost two years of research
and debate, after firm efforts opposing licensing bills which do not allow
for the continuation of all safe healing methods and after dialoguing with
State and National resources, the solutions are becoming clear. This is an
early sketch of the architectural plans for the new and groundbreaking legislation
which will reclaim our rights to healing. It is being developed by the Minnesota
Natural Health Coalition Political Fund.
1. Language stating the purpose of the statute:
a.) Acknowledging the pluralism in the healing world
and the existence and benefits of a vast array of healing methods;
b.) Preserving the consumer's right of self-determination
to choose any kind of health care they deem is good for them; and
c.) Encouraging the use of safe healing methods so
that healing information will not be lost and so that healing will grow and
flourish.
2. Language stating examples of healing methods that
are not the practice of medicine such as homeopathy, naturopathy, herbal medicine,
folk medicine, massage and healing touch, and the list goes on and is not
all inclusive because we want to be able to allow for new methods to develop
in the future as we grow in our understanding of healing.
3. Language stating the rights of consumers of self-determination
in their own healing. Language stating the rights of practitioners to practice.
This section will most likely include basic guidelines for consumer /practitioner
activity for example consent and disclosure which are still being researched
and developed.
4. Language stating the parameters of the use of the
police power of the State Medical Board of Examiners to sanction healers.
This language will most likely include laws against sanctioning providers
SOLELY for the practice of medicine without a license or SOLELY for using
a treatment method that departs from prevailing or accepted standards. "Harm"
will be the legal basis for investigations and sanctions and affirmative defenses
will be included in the Statute. The intent is to have the power of the State
Medical Board be utilized and invoked only in cases of harm or misrepresentation
and not for purposes of harassment or discrimination between types of healing
methods.
5. Finally and tying this all together will be the
EXEMPTION TO THE MEDICAL PRACTICES ACT. This will provide an exemption for
healers complying with the Freedom of Practices Act so long as they are providing
safe and truthful services.
So what thinkest thou? It is still in the developmental
stages but we are so excited that our dreams are coming true! Please
send your comments to the Minnesota Natural Health Coalition Political
Fund as they continue to dialogue and speak to groups around the state! |