LEGISLATION

Complementary And Alternative Medicine The Minnesota Perspective
By Charles Wm. Skillas, PhD, CHt


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     On May 12, 2000, Minnesota Governor Jessie Ventura signed into law Minnesota Senate File 689 entitled, "Complementary and Alternative Health Care, Freedom of Access Act." The Act permits unlicensed Complementary and Alternative Practitioners to practice in Minnesota.

       As defined by the Minnesota Legislature, Complementary and Alternative Health Care Practices means the broad domain of complementary and alternative methods and treatment, including but not limited to: acupressure: anthroposophy: aroma therapy: ayurveda: cranial sacral therapy: culturally traditional healing practices: detoxification practices and therapies: energetic healing: polarity therapy: folk practices: healing practices utilizing food supplements, nutrients, and the physical forces of heat, cold, water, touch and light: Gerson therapy and colostrums therapy: healing touch: herbology or herbalism: homeopathy: nondiagnostic iridology: body work, massage and massage therapy: meditation: mind-body healing practices: naturopathy: noninvasive instrumentalities and traditional Oriental practices such as Qi Gong energy healing.

      This Act arose from an attempt by the Minnesota Medical Practices Board to prohibit the practice of Homeopathy by a long - standing and respected naturopath and the prosecution of a leading holistic medical doctor and a mercury free dentist. They were all charged with practicing medicine without a license. After all, the medical statute in Minnesota, much like that found in every state, states that a person is engaged in the practice of medicine (which requires a license) if she/he does the following: "offers or undertakes to prevent, diagnose, correct, or treat in any manner or by any means, methods, devices, or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity or defect of any person."

     In Georgia, The Complementary and Alternative Health Care freedom of Access and Consumer Protection Bill, HB - 749, which is modeled on the Minnesota Act, was heard in the House General Health Subcommittee on February 17, 2000. Although it did not pass out of committee, the subcommittee members chose to send it to a study committee. Five legislators from the General Subcommittee of the House Health and Ecology Committee were assigned to work with CAMA (Complementary and Alternative Medicine Association) over the summer to develop the Bill for re - introduction next session.

     HB - 749 does not involve turf protection and does not infringe on an individual's right to choose, or a practitioner's right to practice. The purpose of HB - 749 is to 'protect the freedom of the individual to choose the healing treatment that he desires and deems to be effective in securing that individual's own wellness and to encourage and promote the practice of all healing methods; and to protect the right of health practitioners to practice all forms of health care.' The bill calls for certain disclosures, notices, and informed consent of the patient before treatment commences.

       To my knowledge, this Minnesota Act is the first in the nation to specifically recognize and authorize the practice of Complementary and Alternative Medicine by unlicensed practitioners and therefore it is a historic first. It must be understood that unlicensed does not mean unskilled or incompetent. Unlicensed simply means that the existing status quo of accepted and authorized skills has been satisfactorily demonstrated by an individual and therefore that person is allowed to practice that discipline's skills on the general public.

       The avowed purpose of licensure is to 'protect the public' from charlatans and that is a good thing. However, as actually implemented, licensure appears to be more of a practice protection mechanism which would deprive individuals of the right to choose how they want to be treated. SB - 249, the Mental Health Therapist Bill, was of concern to Hypnotherapists in the last session of the GA legislature because it would restrict them from practicing. After being informed by Marge Roberts (President of CAMA) that the Bill was active, The GA Chapter of the National Guild of Hypnotists (NGH) with the help of the GA AFL/CIO who support the NGH, and with considerable help from CAMA members of Atlanta West Hypnotherapy, the Bill did not become law. For those of you who followed that legislative battle, you may remember that after SB - 249 was killed, it magically reappeared as Substitute HB - 271. After its defeat as HB - 271, it miraculously appeared as an amendment on HB - 814 (The Acupuncturists Bill). It was, in the closing hours of the legislative session, removed from HB - 814.

      Without Marge Roberts, CAMA, the people of the GA-NGH and the people from Atlanta West Hypnotherapy who faithfully came to the capitol every week (sometimes twice a week) during the session to work in the educational room educating legislators and staff about hypnotherapy and consumer choice, hypnotherapists would not be able to practice now in GA. All GA hypnotherapists owe them a debt of gratitude.

       All right minded people in Georgia who want to ensure that Georgians have the right to choose their own kind of health care consistent with their own beliefs should rally around CAMA and the GA Chapter of the NGH as we all go forward to freedom. After all, why should Minnesotans be freer than Georgians?

Dr. Skillas is a Board Certified Advanced Clinical Hypnotherapist
and a National Guild of Hypnotists (NGH) Certified Instructor in Hypnotherapy.
For information on his classes, call 404-252-4540.