by Joanna Welland, RN, C.Hom, HNB-BC, HWNC-BC
Joanna is currently completing her MSc in homeopathy with a focus on Hahnemann’s principles and the holistic system of homeopathy. She was past Chair of the Student Liaison program for NASH and volunteered for the program for 4 years. Currently, she teaches homeopathy and offers homeopathy in the community.
Needing to find the laws in her state, she research how to find this information. During the presentation, she discussed the basic steps to find the laws in your state for homeopathy in order to:
1. allow the homeopath to practice within the scope of the law in their state
2. to be aware of other state laws if they see clients residing outside of their state boundaries.
Steps you can take to find out the laws in your states about homeopathy:
Definitions:
Administrative Code Rules:
Administrative Rule – A rule is a product of rulemaking by the state agency. Virtually everything in your daily is affected in some way by the rules published by members of ACR Administrative Code Register, from the air you breathe to the licensing of your dentist. (ACR)
Code – “A systematic collection, compendium or revision of laws, rules, or regulations. A private or official compilation of all permanent laws in force consolidated and classified according to subject matter.” ( Black’s Law Dictionary, 1979, p. 233)
Statutes –“n. a Federal or state written law enacted by the Congress or state legislature, respectively. Local statutes or laws are usually called “ordinances.” Regulations, rulings, opinions, executive orders and proclamations are not statutes.” (Hill & Hill, 1981-2005)
Steps to take to find out the law in your state: Here is an illustration of how I found the statutes for homeopathy in Arizona. The link below is an excellent resource:
1) Click the link below.
Cornell University Law site: Legal Information Institute – http://www.law.cornell.edu/statutes.html
2) Go to the bottom of the page where you will find Constitutions, Statutes, and Legislative Information – By State
3) Click your state and it will take you to your legislature. Note: PA does not have a working link so you will need to search by following other options – PA appears to have a General Assembly site you can search for Homeopathy. Here is their link: http://www.legis.state.pa.us/
4) Once at your state, click statute or codes – each state will either list a statute or code. In AZ it list statute. Then click the link that includes statute or code under the title constitution and legislation. It should bring you to an index of titles. Some states have you get more specific with your choice. For example, Alabama uses code. Once you click code, you click either view all code or search code to accesses the titles.
5) Look through the list of titles until you find occupations and professions or anything which represents the health profession. In Arizona, homeopathic law is under professions and occupations, click on that.
6) Go through the list until you find homeopathy, complimentary, alternative, or something similar. In AZ we have a homeopathic section under chapter 29, 32-2911, Article 2. You will also want to read anything related to the medical profession to see what it says about the practice of medicine in their state.
7) If the above link does not have your state available here are other options you can try:
You can search usa.gov state information by going to – www.loc.gov/law/help/guide/states.php. You will want to go the legislative section once you click on your state. Once there, you can follow the steps regarding statute and code. You may need to research more links to find the information you need. The usa.gov laws and regulations link: https://www.usa.gov/laws-and-regs is an information site for federal and state information.
- In a search engine, you can search for your state legislature, codes, statutes. You may find paid sites and free sites from this approach.
- Once you find the codes or statutes of your state, look for the titles; then go to the medical/health license or section for professions and occupations. This information may also be listed under the Department of Health.
- You can contact your local health freedom organization at: https://nationalhealthfreedom.org/nhfa/state-organizations/
- If your state is a health freedom state, look for the state’s health freedom organization.
Reference:
Administrative Rules: Web port to State rules and regulations. Retrieved from http://www.administrativerules.org/administrative-rules/
Black, HC. (1979). Black’s Law Dictionary with pronunciations. (5th ed.). St. Paul, Minn.: West Publishing Co.
Hill, G., & Hill K., Statute definition. Retrieved from http://legal-dictionary.thefreedictionary.com
Resources:
Legal Guidelines For Unlicensed Practitioners by Lawrence Wilson
This concise, well-written manual helps one to become aware of occupational licensing matters and how to practice as an unlicensed practitioner without legal difficulties. Sixteen chapters include discussions of licensing laws, your options and rights as a minister, as a consultant, coach and other practice options. Also included are sample disclaimer, disclosure and consent forms to use with your clients.
Manfred Mueller – The Homeopathic College
Lawful Homeopathic Practice: Part 1. Legal Strategies
In the United States, professional healing can be hazardous, and can even land you in jail! State and Federal Codes contain pitfalls every alternative practitioner needs to know about and prepare for. Learn how to implement practical operating procedures so you can more safely do what you do best: heal people. Minimize the risk of being charged with “practicing medicine or pharmacy without a license,” “fraudulent advertising,” “health fraud,” “mail fraud,” “insurance fraud,” and other traps. Learn practical, common-sense methods you can institute to protect yourself against attack by administrative agencies, with detailed case examples. This tutorial introduces principles and types of law, court rulings, the right to earn one’s livelihood, the right to administer treatment, how certain constitutional rights supersede statutory restrictions, methods you can use to claim your rights under laws and procedures that many lawyers have never heard of. Includes sample disclaimers and other forms. (2 hours)
Lawful Homeopathic Practice: Part 2. Knowing Your Rights
This tutorial gives a comprehensive introduction to fundamental principles of occupational law, and its foundation in the U.S. Constitution, English common law and statutory law. It explains the rights of non-physician homeopathic practitioners in the United States and describes the tools available to assert their rights in case of violation by government regulatory agencies – how to respond to and work with investigators, while protecting the confidentiality of your clients, and without using the courts. Learn about administrative or commercial process and how you can respond to Cease and Desist orders and Administrative Subpoenas. Find out why hiring an attorney is not always a good idea and how proven and effective methods not taught in law school can protect your practice against administrative overreach. (For unlicensed US professional homeopaths; for academic study only.)
Administrative Code Rules State Links: http://www.administrativerules.org/administrative-rules/
National Health Freedom – Information about Health Freedom, Diane Miller, JD – http://www.nationalhealthfreedom.org/
https://nationalhealthfreedom.org/nhfa/ – lists information about Health Freedom laws and states.
Disclaimer: Material is for educational purposes only. The author is not a lawyer. Material in this handout is not intended as legal advice, or to replace the services of a qualified legal expert.
©Joanna Welland 2013-2015