Naturopathic Medicine is Naturopathy

The opponents of naturopathic registration like to play word games.
The recent MNHLRP Action Alert complains that "the website for theMNANP equates "naturopathic medicine" with "naturopathy."
In fact, most definitions equate naturopathy and naturopathic medicine.
Please examine a simple Google search to define "naturopathy":
http://www.google.com/search?q=define%3A+naturopathy

Definitions of naturopathy on the Web:

The practice of the use of natural substances to provide a healthier balance of internal chemistry.
www.achenet.org/resources/glossary.php

A system of therapy based on preventative care, and on the use of heat, water, light, air, and massage as primary therapies for disease. Some naturopaths use no medications, either pharmaceutical or herbal. Some recommend herbal remedies only. ...
www.medicinenet.com/alternative_medicine/glossary.htm

A form of health care that uses diet, herbs, and other natural methods and substances to cure illness without the use of drugs.
www.olympianlabs.com/html/glossary.aspx

Naturopathic Medicine, or Naturopathy, is a practice of preventing, assessing and treating conditions of the human mind and body. ...
www.wellbeing.com.au/natural_therapies_glossary

A drugless system of treating disease, largely employing natural physical agents or forces, such as air, water, sunshine, etc.
www.dhss.mo.gov/PainManagement/Glossary.html

The discipline of natural medicine and healing through the power of nature and all natural substances.
www.visitmelbourne.com/displayObject.cfm/ObjectID.1918F143-2857-4182-BB59A7817A64AC52/vvt.vhtml

A drugless system of therapy, making use of physical forces such as air, light, water, heat, massage, etc rather than surgery or medicine to treat disease.
www.lamasbeauty.com/glossary/glossary_N.htm

Naturopathic medicine, or naturopathy, is an alternative approach to health care that emphasizes preventive measures to maintain health, patient education, and noninterference with the body's natural healing processes.
www.bcbsmt.com/Providers/providers_specialtydefs-nonphysicians.asp

A holistic medical system that treats health conditions by utilizing what is believed to be the body’s innate ability to heal. Naturopathic physicians aid healing processes by incorporating a variety of natural methods based on the patient’s individual needs.
herbalgram.com/default.asp

Naturopathic Medicine, a primary health-care system, treats health conditions by utilizing the body's inherent ability to heal. ...
www.tlccenter.com/glossary.ivnu

applies to a belief system that holds the body as innately capable of recovering from injury and disease, and that health is the natural state. ...
www.womentowomen.com/womenshealth/alternativemedicine.asp

Naturopathy is used to diagnose and treat people using natural therapies such as nutrition, supplements herbal medicine and homeopathy. The philosophy of naturopathic medicine is to focus on helping the body to heal itself.
www.kera.org/community/onourownterms/tarrantresources.lasso

Naturopathic medicine is a feild of healthcare which works with the body's own self-correcting mechanisms, or efforts to maintain homeostasis. This system of therapy relies on natural remedies.
www.scandiaspa.com/aromatherapy-glossary-terms.html

a method of treating disease using food and exercise and heat to assist the natural healing process
wordnet.princeton.edu/perl/webwn

Naturopaths do practice Naturopathic Medicine.
Please support SF 1520!

Bogus Naturopathic Doctors ARE a public safety issue. Please support SF 1520

Certain Health Freedom advocates argue that bogus naturopathic doctors are NOT a public safety issue.
Australian courts disagree.
And courts rule, as any competent attorney will tell you.

Naturopath banned for life

Bellinda Kontominas
April 3, 2008

A NATUROPATH who diagnosed a patient with "pesticides" and a "fungal infection" in her blood after analysing a drop of it has been banned from practising alternative medicine after repeatedly exaggerating the benefits of his treatments.

In a series of advertisements in a Manly newspaper early last year, Jeremiah Jeffrey Hunter claimed his "live blood analysis", the examination under high-powered microscope of a single drop of a patient's blood, could reveal "various states of sub-par health".

"Are you sick of being sick? Need a cure?" asked the advertisement, which also included claims that Hunter, 39, was a "doctor of natural medicine" and that his treatment programs worked with a wide range of ailments including skin problems, food allergies, weight control, chronic fatigue syndrome and high blood pressure.

Under the name Jeffrey Dummett, Hunter was acquitted of manslaughter last year after a 37-year-old man with chronic kidney disease died after suspending his conventional treatment to follow the naturopath's regimen.

Hunter was convicted in 2001 for dispensing medical advice he was not qualified to give to a patient at his Lismore practice and for other offences relating to advertisements.

In 2002, Hunter was convicted of 22 offences under the Fair Trading Act for false advertising in Lismore. He was ordered to pay thousands of dollars in fines and court costs and was put on a good behaviour bond.

In the NSW Supreme Court yesterday, Hunter was banned for life from practising a number of health services, including naturopathy, medical herbalism, iridology and blood analysis, after the advertisements were found to contravene the Fair Trading Act.

This story was found at: http://www.smh.com.au/articles/2008/04/02/1206851011905.html

MLM and Naturopathy: Friends or Foes?

As the MNHLRP lobbyist Karen Studders says, "the answer is mixed".
Many diet supplement multi-level distributors acquire bogus Doctor of Naturopathy degrees from diploma mills as a marketing ploy for their pyramid schemes.
It is one of the main reasons the MLM companies fight regulating licensable naturopathic doctors.
In contrast, the licensed NDs' professional organizations consider MLM schemes unethical and, in some cases, even expressly prohibit their members from engaging in MLM activities.
Look at the College of Naturopathic Physicians of British Columbia Advertising Policy:
http://www.cnpbc.bc.ca/doctors/documents/Advertising%20Policy.pdf

4. Representation
4.1 A Registrant must not:
d. solicit or involve a patient to sell multi-level Marketing products for the direct or indirect
benefit of the Registrant.

Please make a stand for quality health care in Minnesota and support SF 1520!

The phrases MNHLRP repeats to confuse the public. Please become informed and support SF 1520.

The registration bill opponents' fare is not reasoned arguments, or observations, it is empty words and phrases to alarm the uninformed. The same words repeat again and again to condition a response. When you do become informed, repeating these phrases will not be effective as means to confuse and frighten.
Scope of Practice
The opponents want you to ask: "Why do licensable N.D.s list certain health practices in their scope of practice?".
The scope lists practices one has qualifications to perform.
The naturopathic doctors who graduate from 4 year naturopathic medical schools
have the proper education for the scope they seek.
When you read their scope of practice, take comfort that there are among you
well-trained, gifted individuals who can care for you using all of these practices!
The Special Interest Group behind the Bill, aka the twenty something Naturopathic Doctors
The opponents of the bill like to capitalize on the populist sentiment against special interest groups.
What is special about this interesting group of 26 N.D.s is that they are very open about
who they are, what their educational background is, what they do.
They are not hiding behind anything.
The opposition likes to position themselves as grassroot organization representing public interests. In reality, a small group of zealots has hijacked the MNHLRP agenda. The 'couple hundred naturopaths who went to higher education and
earned abbreviation N.D. after their name' Karen Studders talked about on the radio, are an unknown entity, a group that does not want to be recognized and prefers to hide from public scrutiny. Who knows how many of them are there in reality? 10, 20, 30? There is no documentation available!!
Their lobbyists want to introduce amendments to the registration bill granting them special privileges but refuse to disclose simple facts:
who they are, how many of them there are, what their education and training is, and what
they practice.
Those who misrepresent themselves with bogus titles and fake doctorates from unaccredited correspondence schools are the only ones who will lose from registering naturopathic doctors.

Listen online: KFAI Radio 'Health Notes' talks about N.D. Registration

The 'STREAM' button below will allow you to listen to the archived show from the KFAI (requires freely available RealPlayer from http://www.real.com/).
Please post your comments.

4/28/2008 Health Notes

• Health Notes program page
• Kinshasha Kambui's bio

Audio Files

• 

MLM company posts another MNHLRP alert. Please fight back and support SF 1520!

Courtesy of the Sunshine Health Freedom Foundation, paid by the Natural Sunshine Products.
Your friendly Utah Multi-Level Marketing Diet Supplement Corporation that cares so much about wellbeing of Minnesotans that it chooses to mess with it. Interestingly enough, the naturopathic doctors ARE licensed in Utah. The NSP chooses not to muddy its own house and hires mercenaries such as Karen Studders and Boyd Landry to do its dirty work elsewhere.
As usual "sample letter" below makes no sense.
The style is agonizing, the logic is nonexistent, and the tone is excruciatingly painful.
It simply defies explanation.
The software shrunk the fonts down to fit into the confines of this blog, but the original uses
the BIGGEST fonts available, follow the link below if your eyes hurt, because reading this is much too painful already.
Large parts of this "alert" repeat verbatim the letter Sue Mills circulated to the Homeopaths.
Both she and the MNHLRP refused to explain their position.

http://www.sunshinehealthfreedomfoundation.com/page/page/5629935.htm

**Minnesota Alert**

MINNESOTA HEALTH FREEDOM ALERT

April 22, 2008

Thank you for your help so far. This fight is not over yet! We’re calling on you once again! We plan to stop this bill!

HF 1724, Naturopathic Registration bill, is on the agenda for the House Finance Committee for Friday April 25th. Please attend the hearing and show your opposition!

Attend the hearing
Friday, April 25^th, 8:00 AM, Room 200 in the State Office Building

Pay parking available in the lot adjacent to the State Office Building and Transportation Building.

Please contact MNHLRP with any questions at 651.322.4542 or mnhlrp@charter.net

1. WRITE a letter or email (hand written letter is the best choice)

2. call the Representatives on the list and your own Rep.

Call House Info @ 651-296-2146

Here’s a link to find your rep:

http://geo.commissions.leg.state.mn.us/districts/start.html

4. attend the hearing

Please call 651.322.4542, or email to mnhlrp@charter.net , any comments from members of the House Finance Committee. This information is crucial in lobbying against HF 1724 in Minnesota. So that we may alert you more quickly in the future, please send me your e-mail address.

Sample Letter

Dear Representative [insert name] __________

PLEASE OPPOSE HOUSE FILE 1724

A BILL FOR NATUROPATHIC DOCTOR REGISTRATION.

Reasons to oppose this bill:

1) There is huge controversy over this bill in the natural health community. The concerns of consumers and natural health care practitioners have not been sufficiently addressed.

2) The bill purports to grant "title protection" to about 25 people. In reality the bill threatens the whole underpinning of the natural health community that practices under Minn.Stat. 146A.

3) The Minnesota legislature recognized that complementary and alternative health care practices are natural and do NOT require licensure because they do not pose harm . In 2000, Minn.Stat. 146A – The Complementary and Alternative Health Care Practices Act -- became law. The legislature has revisited this statute in 2004, 2005 and 2007, and fundamentally reaffirmed it.

HF 1724 jeopardizes whether "naturopathy" as practiced by "traditional naturopaths" will remain in the public domain -- where these complementary and alternative modalities are currently practiced by practitioners and openly accessed by consumers.

Originally, HF 1724 included the many practices of conventional medicine, and there truly was the possibility of harm, warranting registration. In the first 2008 committee hearing in February, at the House Health Licensing Subcommittee, the medical community stripped the bill of the majority of the proposed medical practices, leaving primarily natural health modalities in the scope of practice. These modalities do not rise to the level of harm requiring registration.

4) Also according to Minnesota law, the legislature must consider whether the citizens of the state are or may be effectively protected by other means. Minn.Stat. 146A established the Office of Complementary and Alternative Practices (OCAP) in the Health Dept. OCAP receives and investigates complaints and provides disciplinary action for prohibited acts. This law is working well. It requires that each practitioner in writing state that they are not licensed, and that they fully disclose their education in writing to each client. Minn.Stat. 146A identifies prohibited acts and mandates disclosure, thus ensuring that the public is protected.

5) FINANCIALLY There is no evidence that allowing these few practitioners to register will have a positive economic impact to the state.

The fiscal note numbers do not add up.

Historically, licensure, registration increases cost of health care.

6) Historically, licensure and registration has always been brought by a small group of people to secure their economic base and rarely comes from members of the public who seek protection.

In this case, the Minnesota Association of Naturopathic Physicians (MnANP), a chapter of the American Association of Naturopathic Physicians (AANP) , is the special interest group that is seeking a monopoly on the practice of naturopathy; the website for theMNANP equates "naturopathic medicine" with "naturopathy."

It is important to note that neither the public nor the Department of Health (with jurisdiction over 146A practitioners) is seeking to register Naturopaths. A special interest group is asking to register some "naturopathic physicians."

Both the House and the Senate authors have unequivocally stated that next year they will introduce licensure for this group of people, further threatening complementary and alternative health care practitioners practicing now safely under 146A , and consumers seeking their services.

Please stop this now!!!!!!!!!!!

Respectfully,

[your name, address, and phone number]

Remember: this will be a lengthy battle – the MNHLRP will be calling on you again to voice your opinion to the legislature. If you have any questions, feel free to call us here at 651.322.4542 or email to mnhlrp@charter.net

Essential Wellness' Registration Bill Discussion Thread

The Essential Wellness sent an E-Bomb in early April 2008 calling to stage a protest against the Minn. Registration Bill.
In the aftermath, the publication posted comments from both opponents and supporters of the Bill: http://esswellness.com/2008naturopathicdocbill.aspx
I am hoping that by posting these materials here, in blog format, the discussion will further develop.

Minnesota Naturopathic Doctor Registration Bill Debate

Current MN House version of bill

Essential Wellness newspaper honors all of the viewpoints it has received about the Naturopathic Doctor registration bill. Below I’ve compiled the “letters to the editor” with their varying opinions.

Essential Wellness assumes the position of information disseminator only. Through the years, it has been our experience that there is value in every facet of an issue and we hope to do this topic justice so folks can make up their own minds when all the facts have been uncovered. Emotional issues such as this means a nerve has been hit in the natural healthcare industry.

EW considers its role as one of information/education disseminator about healing, natural healthcare, and spirituality in the Upper Midwest. EW has chosen to be the “forum” for discussion and does not stand with one side or the other, just as it does not publish the personal political preferences of its publishers, nor their choices about prolife/prochoice, or other matters.

Lynn and Dee LaFroth, publishers of Essential Wellness newspaper

Matthew Wood, a former columnist for EW, comments: As many readers and activists know, I was involved in the "Health Freedom" bill which we got through several years ago. At that time I was concerned that the passage of a naturopathic physician's licensing bill would be used by the Minnesota Board of Medical Practice to go after unlicensed persons not covered by this bill. I know of one CAM provider who was warned by a friendly MD in a hospital in western Minnesota that there were plans to go after him after the naturopathic licensure bill passed. Our concerns were not baseless. Now, however, with our rights well established it is a different time and place and Minnesotans have to consider whether they would benefit from registration of naturopathic doctors, a first step towards licensure.

There are several issues involved in the Naturopathic Physician's Registration Bill. First is the preservation of the older "Health Freedom Act." This appears to be preserved in the new bill, though one has to watch bills down to the wire in the legislative process to make sure nothing is altered at the last minute. Opposition to the bill based on concern about this should be satisfied by keeping a careful watch as the bill goes through legislative review and voting. It would be ironic if the state were to outlaw, for example, herbalism when we now have an herbal program at Minneapolis Community Technical College. The existing bill allows occupations to grow and develop, which enriches Minnesotans and allows the state to be a step ahead in education and health care.

The second consideration revolves around the problem of different educational schemes in naturopathy, namely the four year, licensing track and the traditional, non-licensing track. This is really a turf battle between two different views of the profession, and as I am not a naturopath, I will remain neutral on this. I do believe Minnesotans could benefit from having licensed primary caregivers who were trained in holistic health. Four year naturopathic physicians fit this description. However, I am concerned that, as they strengthen their professional standing, they have weakened the holistic side of their education. I am concerned by the amount of allopathic medicine that is described under this statute.

Third, I am concerned for the loss of rights suffered by traditional naturopaths who have been in practice ten, twenty, and nearly thirty years. At the same time, I see no virtue in traditional naturopaths keeping the word 'doctor' when they really are not practicing on the same level as a physician. As I say, however, I will remain neutral on this topic.

Matthew Wood MSc (Herbal Medicine), Registered Herbalist (AHG)

Viewpoints SUPPORTING

Dear Lynn,

Thank you so much for providing a forum for discussing the 2008 Minnesota Naturopathic Doctor Registration Bill at the Essential Wellness web page.
As I wrote earlier, the bill is published online. I really appreciate Matthew Wood's comments
as I recognize that he made the effort to read the bill. I hope the opponents of our bill follow
his example and read it. And Mr. Wood is also correct that the bill language changes
as it moves through the legislature, and one must be vigilant to check for changes.
The bill is not written in obscure legalese language designed to confuse and obfuscate the issue.
Please, I implore everyone to open their eyes and read it.
One absolutely does not need to be a lawyer to understand it, it is clear to me to me and I am not even a native speaker of English.
If there is something in the bill that troubles you, then in good conscience you must speak up
against the words that offend you. But to object to it out of ignorance is unexcusable and disingenuous.
Please do what any responsible citizen must. Become informed!

In the interest of making this bill as easily accessible as possible I am copying its most recent House version from https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1724.1.html&session=ls85
in its entirety:

The Bill is posted elsewhere on this Blog and is removed from this post

Regards,

Igor Vilensky

On Mon, Apr 7, 2008 at 5:34 PM, Lynn LaFroth wrote:
Igor,
THANK YOU. Tomorrow you'll receive another eblast with THE MANY MANY "letters to the editor" I've received...viewpoints from many angles. Look for your letter below to be included. Appreciate your efforts to educate. Lynn
Lynn LaFroth
www.esswellness.com/livingwellnorthwoods.aspx
----- Original Message -----
From: Igor Vilensky
To: wellness@centurytel.net ; ivilensky@gmail.com ; Leslie Vilensky, N.D.
Sent: Monday, April 07, 2008 4:00 PM
Subject: Naturopathic Doctor Registration in Minnesota

Dear Publisher of Essential Wellness!

I am sending you this message to register my strongest
support for the Minnesota legislative effort to register
naturopathic physicians.
Naturopathic physicians dedicate their careers to providing
highest quality medical care to our public.
They must graduate from accredited naturopathic medical schools, recognized by the United
States Department of Education, and pass National Board Exams to earn their
Naturopathic Doctor Diplomas.
Their training includes science-based curriculum similar to that followed in
regular United States medical schools, as well as extensive classroom training and clinical
practice in modalities of holistic health care approaches. These approaches
emphasize preventative care and patient's lifestyle evaluation.
Mastering biomedical sciences allows these practitioners to excel in integrative care, being able
to provide medical care alongside the patient's regular physician.
The Registration Bill, Senate File 1520 and House File 1724, would allow the
naturopathic physicians to advance their profession in Minnesota through being able to
order simple medical tests, something beyond their current scope of practice, and to acquire malpractice
insurance.
The proposed Bill has no intention to limit the practice of any health care providers, neither M.D.s,
chiropractors, or anybody covered by the existing complementary and alternative bill 146A,
which protects all unlicensed and unregistered practitioners of naturopathy, homeopathy,
etc... .
The so-called "Health Freedom" opponents of the Registration Effort have again mounted campaigns
of disinformation.
Their attorneys have been contacting individual health care
practitioners, such as homeopaths, falsely claiming that the bill would make it illegal for
them to practice.
At the State Capital, the method has been to stall the process, by complaining that naturopathic
physicians are not open to discussion, claim support for the licensure/registration
conditional on 'clarifying' the bill language, creating amendments to change this language,
and after having these demands met, turning around and bombarding the legislators with calls
and emails opposing the bill, and repeating their falsehoods at the public hearings and meetings with
legislators.
This process is repeated with every single committee hearing, again and again.
Clearly there is never any intention to allow for naturopathic physicians'
recognition, just politically savvy efforts to create maximum havoc.
These organized efforts to derail the recognition of the naturopathic physicians'
profession by creating the atmosphere of fear and chaos have been successfully repeated year
after year.
Now the time has come to put an end to this idiocy.
The public of our great state deserves the best care available from the naturopathic physicians.
Down with the regime of fear and lies!

Respectfully,

Igor Vilensky

Disclosure: husband of Leslie Hunstad-Vilensky, N.D.

B. Lebowski:
To all you, under-trained, under-skilled, mail-order diploma holders like; Bruce Boraas, (big fraud calling yourself a doctor for a long time now huh?), Katie Murphy (ear-candling, give me a break), and Kathryn Berg (just plain ignorant if you think Diane Miller would help that which she opposes):

The bill is not about you, get it. You have your own bill 146A to protect you.

If you weren't so clueless, you would take a look at states that already license ND's and realize the benefits to the CAM health consumers. Remember them??

You're all so busy worrying about your own wallets, and the freak-show you call "healing", you've forgotten about the actual patients who support registration.

The real ND's in Minnesota have been trying for more than 10 years to get the licensing they are entitled to, only to be hampered every step of the way by out-of state attorneys being paid by out-of-state, mail order "schools" (forcing them to hire a lobbyist if they want a chance in hell!).

Follow the money and you'll find a bunch of insecure, "health-freedom" hacks, feeling very threatened for no good reason.

Get a real education or get out of the way. —Bunny Lebowski

Leslie Vilensky adds to earlier comments: Thank you for publishing my response to the message you sent out yesterday calling for the public protest against our legislation.
I am concerned that my response has been reformatted for publication and now mis-states attribution of language. The entire quote I include from the protest message is:
"""1. This bill claims (and I quote) "the therapeutic use of the physical agents of air, water, heat, cold, sound, light, and electromagnetic non-ionizing radiation and the physical modalities of electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage, stretching, colon hydrotherapy, frequency specific microcurrent, electrical muscle stimulation, transcutaneous electrical nerve stimulation, and therapeutic exercise" to be their domain - just to name a few !! Imagine that! AIR and WATER their healing agents - SOUND and LIGHT their healing agents!! Are you not concerned? ""
This is not how my letter reads and I really feel it is important for clarity's sake that this be corrected.
Lastly, I am glad to know that you are planning on publishing an in-depth article on this issue.
If you have any questions re: the concern I have with my letter or if I can help provide furtherclarification on our legislation, please let me know.
Sincerely, Leslie Vilensky, N.D.President, Minnesota Association of Naturopathic Physicians
www.mnanp.org
Minnesota Valley Naturopathic Clinic7
02 Columbus Avenue South, New Prague, MN 56071
(952)758-5988 www.mnnaturopath.googlepages.com

Leslie Vilensky said: Today, April 7, 2008, you sent out a mass email marshaling opposition to protest the proposed legislation to register naturopathic doctors in Minnesota. I wonder if you had the opportunity to review this bill prior to sending this message? The bill language is available for public review at the Minnesota Legislation and Bill Status webpage as Bill Number 1724 in the House and Bill Number 1520 in the Senate: http://www.leg.state.mn.us/leg/legis.asp
The message you sent claims that naturopathic doctors aim to usurp certain modalities of care to exclude other practitioners. Here is a direct quote from that message: 1. This bill claims (and I quote) "the therapeutic use of the physical agents of air, water, heat, cold, sound, light, and electromagnetic nonionizing radiation and the physical modalities of electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage, stretching, colon hydrotherapy, frequency specific microcurrent, electrical muscle stimulation, transcutaneous electrical nerve stimulation, and therapeutic exercise" to be their domain - just to name a few !!
Imagine that! AIR and WATER their healing agents - SOUND and LIGHT their healing agents!! Are you not concerned? Below is the actual language from House File 1724 (line numbers included): 5.10 Subd. 3. Other health care practitioners. Nothing in this chapter may be construed 5.11to prohibit or to restrict: 5.12 (1) the practice of a profession by individuals who are licensed, certified, or 5.13registered under other laws of this state and are performing services within their authorized 5.14scope of practice or unlicensed complementary and alternative health care under chapter 5.15146A; 6.8 (10) persons not registered by this chapter from the use of individual modalities 6.9which comprise the practice of naturopathic medicine, such as the use of nutritional 6.10supplements, herbs, foods, homeopathic preparations, and physical forces such as heat, 6.11cold, water, touch, and light.
Language in Senate File 1520 is virtually identical. Upon examining the proposed bill language, the claims of the Minnesota Natural Health Legal Reform Project that our bill would make illegal practice of natural care by traditional naturopaths, homeopaths, herbalists, etc. are shown to be without merit. Many of our clients read your publication, and some were confused by your message. Please help to clarify the situation through balanced reporting.
Sincerely Yours, Leslie Vilensky, N.D. President, Minnesota Association of Naturopathic Physicians www.mnanp.org Minnesota Valley Naturopathic Clinic 702 Columbus Avenue South, New Prague, MN 56071 (952)758-5988 www.mnnaturopath.googlepages.com

Jeff Friesen writes: I am a freelance writer in St. Cloud and I am so mad at what the opponents of this bill have done that I am working on a newspaper article to be submitted locally and to the Strib in the TC. I will attach a draft copy, but in essence I think that the opponents have missed the boat and are fighting the wrong fight.
In email and phone conversations I have asked several board members [as well as serial email forwarders - ahem - pet peeve alert] to clarify what exactly they are having problems with. In some emails they asked me to write in support of amendments and when I asked for the amendments so I could read them I was told that I couldn't have them because it was a mistake to advertise what they were doing.
What? They have emailed that those covered under 146A will be unable to order vitamins, or lose the ability to practice, or the latest which states that if the recipient doesn't oppose the bill that they will lose the ability to practice a therapy they use. And again they will not say which therapy.
The reality is that is you read the legislation that you will see a specific clause that states that anyone already covered under 146A will remain covered under that law with the exception of licensable, board certified, clinically trained ND's. I believe [and I am trying to find the evidence to support this belief] is that ND's who went to correspondence schools like Clayton, etc., who have no clinical training, who are not board certified, and who are not licensed are trying to make sure that they get the privileges of being a physician without having earned the rights and without having to observe the responsibilities which go with that license. I would be more than happy to discuss my ongoing research into the financial ties that the organizations who are pushing this have with out of state interests.
For me this comes down to an issue of accountability. To quote my state rep Larry Hosch who supports out bill, "Licensure brings professionalism and accountability to a profession and allows for a greater sense of public trust and confidence." From a pragmatic point of view and as someone who moved here from the west coast where ND's are licensed [and where natural medicine is flourishing], why would alternative practitioners oppose the licensing of someone who could legitimize both their profession and act as a liaison with mainstream medicine, not to mention being willing and able with a license to order tests, etc. for your patients and perhaps get large amounts of the therapies that they are practicing covered by insurance. It seems a no brainer to me. Attached is my draft copy.
Thank you for being willing to look at this issue with an unbiased eye. Yours, Jeff Friesen

Friesen DRAFT ARTICLE: Tell me, what would you do if you saw a big bully pick on someone else? Would you do something about it or would you just sit back and watch it happen? I have just witnessed this and I am choosing to stand up. I hope you will join me.
Today I saw the health and safety of Minnesotans jeopardized while simultaneously a group of dedicated physicians were besmirched by out of state interests with a financial ax to grind.
There walks among you people who have gone to medical school yet who cannot call themselves Doctors because the laws in Minnesota need to be updated. These people call themselves ND’s (Naturopathic Doctors) and they go to medical school, they are clinically trained and they are board certified and licensed in other states. They choose to work unlicensed in Minnesota because they think that Minnesotans deserve a choice. But here in Minnesota they can’t call themselves Doctors, they have to call themselves Naturopathic Practitioners.
You are asking yourself why you should care?
The problem with that is that there is another group of people who have gone to correspondence school, who have no clinical experience, who are not board certified, who can never be licensed in another state, and who think they should be able to call themselves by the same name. They want this privilege despite the fact that they haven’t earned it. They tend to refer to themselves as traditional naturopaths.
The problem is that under Minnesota law they, or anyone without qualifications, can call themselves an ND. If you want to work as a physician in Minnesota, then it’s as easy as placing an ad in the paper. I don’t know about you, but if I see a Doctor I want to know that they went to more than a correspondence school. My surgeon had damn well better have actually worked in a clinical setting and damn well have better been trained properly. They damn well better have a license and they damn well better be board certified. In short they better be who they say they are. I don’t want a correspondence surgeon cutting on me.
Here is the bullying part. I recently saw a law that was proposed in the State House (HF 1724 - stalled in committee) and in the Senate (SF 1520 - where a decision is pending) effectively killed, a law that would have allowed consumers to tell which Naturopath was which and what their qualifications were. It would have allowed medically qualified ND’s to be registered without changing the law, which traditional naturopaths operate under (known as 146A).
Opponents will tell you that they were only trying to support choice for Minnesotans and they are sending thousands of emails out asking Minnesotans to support health freedom, but what choice do you have if you can’t tell if your ND is qualified medically. They will tell you that the law would have destroyed their business, but they can’t point to a single example in any state of who that has that has happened to. In fact the law proposed by the MnANP, the professional organization that represents the medically trained ND’s, contained specific language that protected the correspondence school naturopaths.
They will still be covered under law 146A, the law that covers complementary and alternative care practitioners such as faith healers, massage therapists, and yes, un-licensable naturopaths. They will say that they will not be able to buy supplements if this law is passed. The few companies that provide physician only pharmaceutical grade supplements already require a medical license on file to purchase from them – correspondence school naturopaths already can’t order from those companies. And who can’t already purchase supplements? Have you ever looked around a grocery store?
Finally they will tell you that the MnANP (www.mnanp.org - check them out if you want to see a licensed, board certified, medically qualified ND) is nothing but a bunch of elites who want to limit your choices. They are not more elite than anyone else who has taken the time and dedication to become qualified. They went to a 4-year medical school just like your MD. They earned the privilege. Ask anyone who tells you that they are elite if they did the same. Medically Qualified ND’s are not any different than any other profession. Don’t you want to know that your accountant or lawyer or doctor or even plumber is qualified? I do.
It is almost criminal that a combination of fear and out of state money can kill a law designed to protect Minnesotans. And the only reason it isn’t is because our legislators decided not to pass a law that would create a registry for medically qualified Naturopaths so regular Minnesotans could know who they are seeing for their health. Feel safer now? I don’t.—Jeff Friesen, St. Cloud, MN

Becki Haviland says: Hi Lynn: I work as an assistant to Helen Healy, ND and manage her clinic. I'm hoping you will be publicly supportive of the bill to register the qualified ND's in Minnesota.
Personally, I can tell you that the average person seeking naturopathic care has no idea about the health freedom law in Minnesota and most assume naturopaths are licensed or held to some kind of standard. This is not true. Anyone in Minnesota can call themselves a naturopath and practice medicine.
From the standpoint of the consumer/patient, registration is necessary if there will ever be a hope of insurance coverage for this type of healthcare.
And, registration is necessary so the doctorate level trained N.D.s can practice medicine according to the full scope of their training.
The people practicing as "traditional naturopaths" that will not be eligible for registration will continue to be protected under Minnesota law. These people, who mean well I'm sure, are spreading bad information about HF1724 & SF1520 and are actually inhibiting freedom by their opposition to the bills.
Thank you for helping get the correct information to the public.
Becki Haviland
For Helen C. Healy, N.D. Wellspring Naturopathic Clinic, 905 Jefferson Ave., Suite 202, St. Paul, MN 55102 651-222-4111, www.helenhealynd.com Immediate Past President Minnesota Association of Naturopathic Physicians, www.mnanp.org

Michael Thomson says: I was just informed of the role your magazine has taken in opposing the Naturopathic Physicians Registration Bill going through the MN legislature, by forwarding a very misinforming email today (written by Katie Murphy). I would respectfully request that you send out another email to the same recipients to counter this ongoing smear campaign that the opposition to this bill has been engaged in. There exists nothing in this bill that would lessen anyone's right to do anything as a health care provider, as a "Naturopath" or otherwise. The legislature's own lawyers keep saying this. It would simply expand the rights of Naturopathic Doctors to do what they were trained to do; practice medicine as primary care physicians. Thank you for your consideration of this,—Michael Thomson

Debra McLaughlin continues:
Greetings,
As with all issues this is one side….is this your company’s official position? If so I am very disappointed.

It would be good to hear from the Naturopathic Physicians who have been working toward licensure in this state for decades. There may be issues with how the bill is written, but overall I support licensure…this would give Minnesota residents the option of having their primary care provided by naturopaths instead of limiting their scope of practice. It would require that to call oneself a Naturopathic Physician that you would need to go through the full schooling, including clinical training.

The primary reason that we don’t have ND’s in Minnesota is the in-fighting among alternative care provider groups. The AMA doesn’t even need to expend resources here since we fight among ourselves so effectively!

Instead of protesting, how about working with the naturopaths to be sure the bill is as well written as possible?

Warmly,
Debra McLaughlin, CST, Birth Doula
Northern Lights Wellness – Craniosacral Therapy
31 W Superior Street, Suite 503
Duluth, MN 55802
218-590-1891
More from McLaughlin: Thanks for the note.
It has been very sad to me that state chiropractic association, and various practitioners such as the author of e-mail, have continued to oppose licensure of Naturopathic Physicians in the state. The present legislation would only be a registry and is still a long way from licensing in our state.
Since we don’t have licensure in this state no one can legally represent themselves as a naturopathic doctor.
It would be great to have an article in your publications that explored this more fully. I would be happy to help you find resources if you decide to move forward.
Warmly,
Debra McLaughlin, CST, Birth Doula
Northern Lights Wellness – Craniosacral Therapy
31 W Superior Street, Suite 503, Duluth, MN 55802
218-590-1891

Igor Vilensky responds: I am sending you this message to register my strongest support for the Minnesota legislative effort to register naturopathic physicians. Naturopathic physicians dedicate their careers to providing highest quality medical care to our public. They must graduate from accredited naturopathic medical schools, recognized by the United States Department of Education, and pass National Board Exams to earn their Naturopathic Doctor Diplomas. Their training includes science-based curriculum similar to that followed in regular United States medical schools, as well as extensive classroom training and clinical practice in modalities of holistic health care approaches. These approaches emphasize preventative care and patient's lifestyle evaluation. Mastering biomedical sciences allows these practitioners to excel in integrative care, being able to provide medical care alongside the patient's regular physician. The Registration Bill, Senate File 1520 and House File 1724, would allow the naturopathic physicians to advance their profession in Minnesota through being able to order simple medical tests, something beyond their current scope of practice, and to acquire malpractice insurance. The proposed Bill has no intention to limit the practice of any health care providers, neither M.D.s, chiropractors, or anybody covered by the existing complementary and alternative bill 146A, which protects all unlicensed and unregistered practitioners of naturopathy, homeopathy, etc.... The so-called "Health Freedom" opponents of the Registration Effort have again mounted campaigns of disinformation. Their attorneys have been contacting individual health care practitioners, such as homeopaths, falsely claiming that the bill would make it illegal for them to practice. At the State Capital, the method has been to stall the process, by complaining that naturopathic physicians are not open to discussion, claim support for the licensure/registration conditional on 'clarifying' the bill language, creating amendments to change this language, and after having these demands met, turning around and bombarding the legislators with calls and emails opposing the bill, and repeating their falsehoods at the public hearings and meetings with legislators. This process is repeated with every single committee hearing, again and again. Clearly there is never any intention to allow for naturopathic physicians' recognition, just politically savvy efforts to create maximum havoc. These organized efforts to derail the recognition of the naturopathic physicians' profession by creating the atmosphere of fear and chaos have been successfully repeated year after year. Now the time has come to put an end to this idiocy. The public of our great state deserves the best care available from the naturopathic physicians. Down with the regime of fear and lies! Respectfully, Igor Vilensky, Disclosure: husband of Leslie Hunstad-Vilensky, N.D. Robin Thomson continues: Thanks for forwarding those e-mails, Lynn. I'm continually surprised by the amount of fear and vehement objection put out by people who should be our colleagues, not our enemies. Sorry you got wrapped up in it. Robin Thomson, N.D. Naturopathic Family Medicine, LLC Oak Ridge Centre, Suite 203, 4801 Highway 61, White Bear Lake, MN 55110 (651)653-0170 www.natfamilymed.com

Stephani Waldron-Trapp says: It would be much appreciated if you would send out another mass email to Minnesotans on the bill HF 1724/SF 1520. I am a Naturopathic Physician here in MN and support the bill, as it is not taking away anyone's right to practice. Thank you for putting the time in to learn of the bill and re-send out an email. We appreciate your support. Sincerely, Stephani Waldron-Trapp, N.D. Natural Family Medicine, LLC (612) 250-2804

Jeff Friesen continues: Lynn, I appreciated being in your newsletter and in presenting both sides of the story. My draft article was just that, a draft and will in no way resemble my final copy as there is already another direction I want to take it in, one that is less angry. I'm afraid that I am not one of those writers who can keep his emotions out of his work. Thanks for everything, Yours, Jeff Friesen PS. Here are my comments on some of the rest of the letter represented. With the exception of myself, I thought everyone on the support side was very lucid. And most of the people on the opposition side had some less than lucid and some very strange comments to make. Bruce Borass doesn't seem to know what he is saying. Obviously, because this is a bill of registration, this is not a licensing bill. Ahem. The so called traditional naturopaths, as he calls them, as far as I can tell have no interest in being primary care providers, wherein clinically trained ND's are interested and trained to be primary care providers. Of course they would prefer to practice within the scope that their education allows. Wouldn't you? And to correct a misconception Mr. Borass has, these so called new ND's are more trained than anyone who went to a correspondence school. Sorry Bruce, facts are facts. Your education, although good, is not comparable. And some of them have been in this state for decades. Hardly new. Katie Murphy seems to missing the fact that the MnANP approached everyone in crafting this bill. In it's formative stages everyone who wanted input was given input including the MD board, the Nurses board, the acupuncture board, the DC board [and yes they are OK with the bill as written as the MnANP addressed their concerns], etc. etc. etc. Who didn't want to talk about it ... I'll give you 3 guesses. Any confusion is being created by the vaguely threatening email pushes and phone calls being spread by the MNHLFP's and their lawyer/advisor Diane Miller. As for Lobbyists playing hardball tactics, I don't know what you are talking about but the MnANP has only one. I would hope that the lobbyist is working hard to get their point of view represented. That is, after all, their job. I guess next time they will need to contact you personally Katie. As for Diane Miller, Kathryn Berg mentions that Diane has offered to "help." I wonder what kind of help that would was? Do we know? The letter says the Ms. Miller is a nationally recognized expert on drafting health freedom legislation and that she would advise them at little or no cost. But why would she be doing pro bono work for a small group of, to quote her directly, "elite individuals." How could she afford to do that? Who is paying her? Who pays for her to fly all over the country lobbying for "health freedom?" What kind of freedom does alternative medicine have when they are encouraged to turn on each other? Who benefits? Is it Diane Miller or someone other interested party? What is her agenda? Health Freedom? Hardly. By encouraging alternative health people to turn on each other she is not promoting freedom, she is promoting fear. Maybe there is nothing to these questions, but shouldn't they be answered before we, to quote her again, "take my word for it." Frankly statements like that make me check the parking lot to see if my car is still there. Kathryn Berg says that if the MnANP had listened to Diane Miller then the entire health community would have been behind them. Does that mean that Diane Miller is orchestrating the current smear campaign of confusion, fear and untruth that is targeted at the MnANP? It seems likely that she is at least providing some direction. Doesn't it make more sense to actually read the legislation and make your own mind up? Why respond to emails that make vague and unsubstantiated threats and ask you to support amendments they refused to reveal or publish before springing them on a legislative committee? Doesn't it make sense to have a class of primary care physicians who understand herbs, homeopathy, chinese medicine, etc. and have sympathy for it. Aren't you tired of trying to talk to doctors about your patients and getting no sympathy or a complete lack of understanding of what you do? Wouldn't it be nice to be able to refer a patient for tests to someone who supports what you do? Isn't it time for a better way? The fact is that registration of any alternative practitioner will benefit all of alternative health people. If you don't believe me then go out to a state like Oregon where I used to live. Natural medicine in all its forms is flourishing there so much so that you can't swing a cat in a circle without bumping into a healer, doctor, shaman, L.Ac. herbalist, etc. In Minnesota you can walk a long mile to find any of that. I urge you all to ignore the fear mongering.—Jeff Friesen, St. Cloud, MN

Robin Thomson said: I just wanted to offer some food for thought regarding the naturopathic doctor legislation. The bill under consideration DOES NOT limit any practitioner from doing their job. The therapies listed in the bill can still be used by anyone practicing under the CAM law- a similar example is the registered nurse license which states that they can draw blood, while an MD's license also states that they can draw blood. One person's ability to do a task DOES NOT negate another's ability to do that same task. All natural health practitioners would still be able to practice under the CAM law.

I think it's a shame that there's so much misunderstanding between these two groups. We should be working together to promote natural healing for our clients, not fighting amongst ourselves.

Thank you!
Robin Thomson, ND

B. Lebowski said: Regarding those who oppose:

Oy gevalt, have they all gone fafakta?

At best, they are incoherent.
At worst, well, they need to be hooked up to their own "electro-dermal screening" contraptions to figure out what exactly would cause the brain function imbalances they exhibit. Parasites? Yeast? Toxic build-up requiring a long series of colonics?

Clearly they have not READ THE FREAKING BILLS!

B. Lebowski
Supporter of science-based natural medicine, and licensed practitioners.

Viewpoints OPPOSING


Bruce Boraas says: This is not a licensure bill. It is not written to support the continued practice of traditional naturopaths, who are as trained and experienced as these new graduates. If you think this bill will is a bill so that naturopaths can be a primary care provider, you've not read the bill. This bill just muddies the water as put forth.—A. Bruce Boraas ND.

Kathryn Z Berg said: Let’s get some clarity in the language of this bill. It started out as a licensure bill and it ended up as a registration bill because the legislators, on their own, pulled that language out in the very first committee hearing it had. The reason that there aren’t more ND’s has nothing to do with infighting, and more to do with the fact that the Minnesota Legislature won’t license them to do some of the same things that MD’s are licensed to do in the state—they are licensed to do some of those things in other states, thus they are more attractive. There also is NOT a school here, so it is less likely that people will settle in MN to practice. The current ND’s have benefited greatly from Statute 146A in Minnesota, the law which allows unlicensed therapists to practice in Minnesota—this makes it a very attractive place to practice for most non-licensed therapists. This bill was drafted and made law with the assistance of the Minnesota Natural Health Legal Reform Project (MNHLFP). So they have been working together.
The Naturopaths keep mentioning that there is nothing that prevents anyone else practicing their own craft, yet they resist at every turn the MNHLFP’s attempts to assure that from happening. Early on, the managed to prevent testimony at some committee hearings. Only because Rep. Karen Clark, a backer of the bill, insisted that it receive a full hearing did that happen. Unfortunately for them, the hearing was so late into the legislative session, there wasn’t time to clear up some of the questions that were brought up in the committee. I was there, I heard the entire hearing on the bill. After the hearing, there were legislators who were pretty clear about getting things cleared up and making sure that it has a proper hearing so some of the problems can be corrected. Just prior to the hearing in Rep. Clark’s committee they even put some of their own language in the bill to try to reassure the rest of the natural care community. So they must agree that there are some potential problems with what is in there.
Unfortunately, they refused help when Diane Miller, JD, nationally recognized as the premiere expert on drafting Health Freedom legislation, suggested that they needed to tighten up the language. Why would they not want help from the best person in the country who was willing to help them for little to no cost to them? If they had been willing to listen, the entire natural health community would have been behind them supporting them. It is important that all consumers have access to the practitioners they wish to see and all practitioners be able to continue practicing under Stat 146A. A few extra words in a bill would not harm the naturopathic registration bill, but would help every one else—consumers and practitioners.

Kathryn Z Berg, MA, PCH
Classical Homeopath
PO Box 25003
Woodbury, MN 55125
651-748-1556
www.lotushomeopathy.com

Katie Murphy responds: I am not against Naturopathic Doctors registering their trade. I know that it will lead to license legislature. I am not desiring or attempting to stop the future. I am not happy about the wording of this bill. I am wondering why this is being pushed so hard through this session when there are so few people (other than the Naturopaths who desire this bill - and not all do) who know about this bill. I am told this is bill has been tried before. But if there is such confusion about it and concern about it then why can't those who want it so bad come forward in an open forum and discuss it with those who are concerned? Why are the Naturopaths who want this bill hiring professional lobbyists (I saw one today who rudely interrupted a conversation I was having with a Representative) to push this bill instead of trying to work more directly with their professional counterparts in the community? The fact is many are very concerned about the wording in their bill and don't like the hard push by their attempts. If so many are concerned then it is time to meet and discuss. THAT IS WHAT I AM PROTESTING. I am asking the House and Senate to STOP this mad rush and give us time to seriously review our concerns. If we have nothing to be concerned about then I will be the first to give hugs all around for a great job done.

In a 2nd email Katie continues: Again, I say - if there is nothing wrong with this bill and we are all safe then 1) why didn't the Naturopaths come forward in the beginning the explain what they wanted and how they wanted to protect everyone else's rights and function as part of our community for our support. and 2) why are their lobbyists playing "hardball" tactics for them. and 3) since many of us are just now hearing about this bill and are obviously concerned, then why not let it rest just a few more months and give us time to iron out our confusions and concerns. and 4) why does their "Scope of Practice" cover everything on earth and every therapy in the industry? Surely, their 4 years of education does not teach ALL they have listed. and 5) if they are listing such a universal wide "scope of practice" to provide ample opportunity y for themselves and their future, then WHY are they so opposed to any of us wanting to assure the same for ourselves, and 6) why in the world should we take their "word for it" that our rights are protected. After all, they are Naturopaths and not lawyers. Give us time to consult our own lawyers. I have many $$ at stake in this business. Again, I am not saying "no" to their desire to be "registered". I am staying STOP, SLOW DOWN, LISTEN TO US and let’s discuss this so we can work together instead of creating a lot more disharmony.
Katie Murphy, Healing Insights, Woodbury, MN

Andrew Weil speaks in favor of Naturopathic Medical Licensing

Boyd "The Magnificent" Landry likes to put down Naturopathic Medical Education.
Still, Boyd has a soft spot for the mandibularly hirsute
guru of natural medicine, Dr.Andrew Weil, and likes to quote
Dr. Weil to spiff up his web site
http://naturalhealth.org/agenda/century.html:

"I think there has to be complete rethinking of the nature of medicine, and people's expectations of it. Not simply worrying about who pays for it..."

"You know, of the total number of sick people going to doctors, maybe 20 percent of them have conditions for which conventional allopathic medicine is appropriate. If we restricted that kind of medicine to that percent, we would not be in the kind of economic trouble we're in now. But we're trying to use this for every thing, and it doesn't work for the vast majority of problems."
Dr. Andrew Weil in An Interview on Natural Medicine"

We like Dr. Weil too!
Here is more from the Master:

How Do You Find a Good Physician? (look for an ND from a reputable school)

Energetic Dr. Mercola, D.O., is known for being a prolific writer and for his marketing prowess.
And he recommends seeking out a graduate of one of the accredited Naturopathic
Medical schools if you are taking medication and looking for a good physician.

http://v.mercola.com/QA/How-Do-You-Find-a-Good-Physician--2109.aspx

"there are very few MDs and DOs that understand natural medicine. If you find a good one consider yourself blessed. Alternatively naturopaths and chiropractors have excellent training programs and for all but the serious of illnesses they are typically a far better choice. If you are still taking medications it would be best to find someone with a license and training that will allow you to carefully wean off of them and replace natural lifestyle options to address the underlying cause. Many naturopaths or NDs have this training but only if they went to a four year ND medical school. There are only five, Bastyr, Southwest, National, the Canadian College. and Connecticut. So if you are seeing an ND and are on drugs it would be best to find a graduate of these schools as they have the most comprehensive training. Actually the minority of NDs are from these schools so be careful if you are taking medications."

"You Will Respect My Authoritah!": practitioners with ridiculous credentials cause real pain and suffering.

The South Park Academy of Traditional Naturopathic Arts and Sciences has granted one million Naturopathic Doctor Diplomas and has now surpassed the Clayton College of Natural Health as the leading unaccredited diploma mill.
"Saving lives, saving trees."
In the interests of protecting the environment, the Academy's entire N.D. degree curriculum is printed on the reverse side of the diploma. No more textbooks!
Kudos, Dean Eric Cartman!
I try to be funny but the consequences of seeing a "doctor" with fake credentials can be lethal.
Here is a serious Seattle Times article with more news from the world of BS health care education fraud:
http://seattletimes.nwsource.com/html/localnews/2004024299_miracle20m0.html

Teen's death hastened by practitioner who had bogus diplomas

By Christine Willmsen and Michael J. Berens

Seattle Times staff reporters

PREV 1 of 4 NEXT

THE FLANAGAN FAMILY

Cancer patient Sean Flanagan is joined by his family the same day he was treated by Brian O'Connell. He died the next day, six months sooner than medical doctors had predicted.

DAVID M. BARREDA / ASSOCIATED PRESS

Brian O'Connell, left, was sentenced to 13 years for negligent homicide and other crimes.

ALAN BERNER / THE SEATTLE TIMES

Some practitioners display certificates that may look official but come from unaccredited schools and trade groups. This is the office of Sigrid Myers, who lives in Oklahoma and was trained in Seattle to use the EPFX energy device.

ALAN BERNER / THE SEATTLE TIMES

Barbara Murphy, right, promotes herself as a Certified Biofeedback Specialist, a title conferred by a board of EPFX owners. The therapy claims for the EPFX machine are wide ranging but not backed by any scientific study.

Related

• Photo Gallery | Brian O'Connell's titles and degrees
• Certificate from the American Institute of Energy Medicine to Joyce Tasker (PDF)
• Investigative summary report from the Washington Department of Health (PDF)
• Ralph Mitchell's certification and degrees, none recognized by the government (PDF)
• Seattle Times special report | Miracle Machines

How to protect yourself

Consumers can research medical devices and practitioners, including their training and any disciplinary record.

Practitioners: To validate a license or check for any disciplinary actions or complaints, call the Washington Department of Health at 360-236-4700 or go to www.doh.wa.gov and click on "Provider Credential Search."

Medical devices, companies:

• Search FDA databases of medical-device manufacturers and their registrations: www.fda.gov/cdrh/databases.html

• Search an FDA database for warning letters: www.fda.gov/foi/warning.htm

• Check for adverse events linked to medical devices: www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfMAUDE/search.CFM

Accredited institutions:

• Find out whether an institution is accredited through the U.S. Department of Education (DOE): www.ope.ed.gov/accreditation/; Find out whether an institution or non-degree program is accredited through the Council for Higher Education Accreditation: www.chea.org/search/default.asp

Licensed naturopathic doctors: The District of Columbia and these 14 states consider naturopathy a licensed profession requiring a degree from a four-year college accredited by the DOE: Alaska, Arizona, California, Connecticut, Hawaii, Idaho, Kansas, Maine, Montana, New Hampshire, Oregon, Utah, Vermont and Washington.

Their teenager was facing an excruciating death from cancer. His parents searched frantically for a way to ease his pain.

David and Laura Flanagan of suburban Denver believed they found that, and more, in the office of Dr. Brian O'Connell. O'Connell assured the Flanagans he could not only relieve 18-year-old Sean's suffering from late-stage bone cancer, he could cure Sean as he had others.

O'Connell's treatment of choice: photo luminescence, a form of "energy medicine" using light waves. O'Connell would take a vial of blood from Sean's body, expose it to ultraviolet light from a device, then inject the treated blood back in a hydrogen-peroxide solution. Although the treatment was unconventional, the Flanagans took comfort in O'Connell's charisma and in his impressive credentials as a naturopathic doctor.

"The certification and accreditations were plastered all over his wall," David Flanagan said. "There wasn't a bare spot. Everything seemed legit."

Everything was not.

Two days after Sean's treatment by O'Connell began, the young man was rushed to the hospital with an infection caused by the injection. Six days after that, as O'Connell administered another round of treatment, Sean begged, "Please, God, no more." The next day, Dec. 19, 2003, Sean died — about six months sooner than his medical doctors had predicted.

His parents felt particularly devastated that Sean would miss having his dream fulfilled by the Make-A-Wish Foundation, which was planning a trip for him.

"My son wanted to go to Hawaii and lay in a hammock under a palm tree," David Flanagan said.

But even in their sorrow, the Flanagans never suspected O'Connell was anything less than he claimed to be. It wasn't until months later — when they saw him on television, being led away in handcuffs — that they discovered they had been cruelly duped.

O'Connell, 35 at the time, had been arrested for practicing medicine without a license. After the Flanagans told law-enforcement officials Sean's story, criminally negligent homicide was added to the charges. O'Connell was convicted and sentenced to 13 years in prison.

But what of that wall of degrees and certificates in his office? It was a facade of legitimacy. O'Connell had no formal medical or government-accredited naturopathic training.

Rather, The Seattle Times has found, he and scores of other "energy medicine" practitioners are graduates of a multimillion-dollar industry that gives them deceptive credentials.

These people buy the appearance of legitimacy through an international network of unaccredited health-care schools and murky trade associations.

Many operators of "miracle machines" have used sham credentials to lure unsuspecting patients into expensive, dubious and sometimes-fatal treatments.

The Times found:

• At least 104 unaccredited schools dole out alternative-medicine degrees or certifications that are not recognized by the U.S. Department of Education. Most operate only through the Internet or by mail order. The largest alternative health-care school in the United States, Clayton College of Natural Health, is an unaccredited home-study program that claims it has issued more than 25,000 degrees.

• Some of the largest and seemingly independent health-care credentialing organizations are in fact controlled by one of two businessmen — one in Las Vegas, the other in Texas. Their organizations are mail-order factories that issue professional titles and hand out accreditations to more than 100 schools.

• Many buyers of energy devices receive credentials and certificates from manufacturers who operate or sponsor training programs. Device operators use these titles to market themselves as health-care practitioners.

Meanwhile, the alternative-medicine schools that are accredited by the federal government are dismayed by the explosion of untrained and uncertified operators.

"They are using smoke and mirrors to confuse people by not disclosing the truth behind their accrediting agencies and their institutions," said Dr. Jane Guiltinan, a naturopathic clinical professor at Seattle's Bastyr University, one of the five schools of naturopathy that are accredited by a federally recognized institution.

Guiltinan is president of the American Association of Naturopathic Physicians (AANP), an organization that requires that its members graduate from a four-year accredited college.

"To argue that you don't have to have any training for diagnosing or treating patients is absurd," she said.

Las Vegas credential mill

Naturopathy is a burgeoning health-care discipline. Its practitioners prefer natural remedies, such as supplements, to pharmaceutical drugs, and they avoid invasive measures.

"Naturopathic doctor" is one of the most coveted credentials in alternative medicine. Fourteen states, including Washington, consider naturopathy a licensed profession and require degrees and clinical training through four-year colleges accredited by the U.S. Department of Education.

But in the other 36 states — including Colorado, where Brian O'Connell practiced — naturopathy is not considered a government-regulated profession. In those states, anyone can call himself or herself a naturopathic doctor with no training.

One of the framed certificates on O'Connell's wall was from the American Naturopathic Medical Association (ANMA). Impressive-sounding, to be sure — but it comes from a Las Vegas post-office box. The businessman who founded the organization in 1981 has feuded for years with AANP and the mainstream, state-licensed naturopathic community.

Donald Hayhurst, 71, is the godfather of mail-order health-care credentials. He has issued thousands of credentials to practitioners, and he accredits some schools.

Hayhurst has doled out 4,000 ANMA memberships, at a cost of $350 apiece. Each year, its members attend a convention in Las Vegas that includes speakers, training and products. More than 1,000 people attended this year's convention at the Riviera Hotel & Casino, where vendors aggressively pitched dozens of energy devices, lasers and herbal concoctions.

ANMA board member Eliezer Ben-Joseph said the organization fends off constant challenges by conventional doctors and state-licensed naturopaths.

"Some people say we're fake," he said. "I can't convince them, and if they don't want to participate, good-bye."

Hayhurst would not return phone calls from The Times.

He claimed to have graduated from the Utah College of Naturopathic Physicians. However, there was no evidence the school ever existed, the Nevada Board of Naturopathic Healing reported after investigating him. It prohibited Hayhurst from practicing naturopathic healing, Nevada documents show. The Colorado Association of Naturopathic Physicians provided those documents to The Times.

Four years earlier, he had formed the American Naturopathic Medical Accreditation Board. Under this flag, Hayhurst accredited schools and later issued credentials such as "board certified naturopathic physician."

In 2003, Hayhurst split off that part of his organization. A man operating in Missoula, Mont., now doles out naturopathic credentials to people who pay nearly $700 and pass an exam.

One of the correspondence schools that received Hayhurst's accreditation was the Herbal Healer Academy of Arkansas, where Brian O'Connell, the Colorado man convicted of negligent homicide in the case of Sean Flanagan, obtained his naturopathy degree.

The school came under fire, and no longer issues the degrees.

Texas network

Hayhurst's chief competitor is Donald A. Rosenthal, 56, who orchestrates a network of accreditation and credentialing organizations around the world. That network claims to include more than 4,000 members and nearly 100 health-care schools.

Rosenthal said he has degrees as both a medical and a naturopathic doctor. But he is not a licensed doctor in any state. His degrees were issued by schools that are not accredited by the Department of Education.

Rosenthal maintains a low profile from a small office in Galveston, Texas, the base of his parent organization, the American Association of Drugless Practitioners. After a bankruptcy in the 1990s, he lives in a $78,000 home near town.

Many energy-medicine operators nationally have certification from Rosenthal and describe themselves as "drugless practitioners." Rosenthal said the idea for this designation was developed in 1990 when he talked with chiropractors who sought a way to bolster their professional credentials.

Becoming a member of the association is as easy as faxing in a brief application with a photocopy of a driver's license and $260. In return, applicants are issued certificates that declare them a Board Certified Holistic Health Practitioner.

One man who took advantage of this ease of certification from Rosenthal was Ralph Mitchell, who parlayed his "drugless practitioner" title to draw patients into his Greenhouse Health & Wellness Center in Molalla, Ore. Mitchell, who called himself a naturopathic doctor, used unproven energy devices to treat seriously ill patients.

Among those devices were an ion footbath called Body Cleanse, which purports to extract toxins from the body, and a skin-response biofeedback device made by BioMeridian that Mitchell used to diagnose medical conditions, state records show.

The Oregon Attorney General's Office investigated Mitchell and found that the medical conditions of clients worsened under his care. In September, Mitchell agreed to pay $25,000 to the state and is now prohibited from practicing medicine.

Easy credentials

For schools wanting accreditation from Rosenthal, the process is just as simple. They are required only to mail a copy of their curriculum, and a fee. Rosenthal does not visit the school or interview owners, instructors or students, he said.

Some of the schools accredited by Rosenthal include the Academy of BioEnergetics in Utah, the Energetix College of BioEnergetic Medicine in Georgia and the Florida Vedic College.

None of the institutions is accredited by the federal government.

For instance, the Holistic Healers Academy was opened in 2002 and operates from a post-office box in Convent Station, N.J. Home courses cost $160 each with subjects such as "advanced energy healing."

Co-founder Kristen Lauter doesn't rely on Rosenthal just for accrediting her academy. She is Certified Holistic Health Practitioner #76892201 — a credential issued by Rosenthal.

And her bachelor of science degree came from Clayton College of Natural Health of Birmingham, Ala., the nation's largest unaccredited alternative health-care school. Clayton boasts accreditation from both Rosenthal and Hayhurst.

Founded in 1980 by Lloyd Clayton Jr., the college offers home-study courses that range from $4,300 to $6,400, for degrees from natural science to holistic health.

Clayton officials said the college fulfills a mission to provide quality training to students who do not desire a traditional four-year education.

Practitioner shut down

"Miracle machine" manufacturers have joined the credentialing game, too.

At least a dozen energy-device companies have created training programs that dole out health-care titles and credentials that are then used to bolster credibility with patients.

One such beneficiary was Joyce Tasker of Colville, in Eastern Washington. In June 2003, an Oklahoma physician reported to the Washington State Department of Health that Tasker was engaged in the illegal practice of medicine, based on material he found on her Web site.

When questioned by state investigators, Tasker produced a certificate, embossed with a gold seal, from the American Institute of Energy Medicine, which certified that she was a Technician of BioEnergetic Medicine.

The institute's address is the same as Star Tech Health Services of Orem, Utah, an energy-device distributor.

Later, investigators learned that a Star Tech employee traveled to Tasker's home, showed her how to use the unproven device and awarded her the certificate.

A state investigation found that Tasker charged $125 to test patients with a computerized skin-probe system, the Orion, which she purchased for $12,500 from the Utah company.

"She said people send a sample of their blood or saliva and she tests them at her home. She said she has a computer program installed in her home computer that tests the frequencies of the blood or saliva," according to a state investigative report.

Tasker then took vials containing water and alcohol, used the device to transmit radio frequencies to the mixture, then sold them as potions that could help the body balance itself, state investigators said.

Tasker denied that her actions constituted the practice of medicine, but the Washington State Court of Appeals determined her actions were improper and ordered her to stop.

Tasker did not respond to The Times' request for comment.

Other device companies opt for a different strategy.

The International Quantum University of Integrative Medicine, in Honolulu, is linked to federal fugitive William Nelson, the Budapest-based manufacturer of the EPFX machine.

Nelson registered the machine with the FDA as a biofeedback device, but he and many practitioners claim it can diagnose and cure disease.

The EPFX correspondence school in Honolulu is accredited by one of Hayhurst's organizations. The school's long-distance learning courses cost up to $6,000 and offer credentials such as "Quantum Naturopathic Certification" and "Biofeedback Certification."

Barbara Murphy, a retired Boeing employee, operates an EPFX clinic in Tukwila. She advertises herself as a Certified Biofeedback Specialist. Her credential was issued by a group of EPFX owners, the Natural Therapies Certification Board in Black Mountain, N.C.

As thin as their credentials may be, these energy-medicine practitioners cling vigorously to them.

Even Brian O'Connell, now serving time in the Huerfano County Correctional Center in Walsenberg, Colo., for his role in the death of Sean Flanagan, continues to call himself a naturopathic doctor.

The teen's father, meanwhile, pleads with government officials to do something to protect other desperate families from being victimized by fake medical professionals. He wants all states to pass laws to license the practice of naturopathy.

"You don't have to have a life-threatening situation to be desperate," said Flanagan. "Someone who has tried all the medical treatments, drugs or can't function — those people are just as desperate as we were. A process needs to be in place to protect people from this."

Christine Willmsen: 206-464-3261 or cwillmsen@seattletimes.com; Michael J. Berens: 206-464-2288 or mberens@seattletimes.com. Staff reporter Sonia Krishnan, researchers David Turim and Gene Balk, and intern Eric Ball contributed to this report.

Copyright © 2007 The Seattle Times Company

The Formula for Success, the MLM way. How "NOT" to become a naturopathic doctor.

Please recognize the value of formal medical educaiton and support the qualified naturopathic
medical doctors in their quest to become registered and better serve Minnesotans.
Please support SF 1520!
My commentary below is in jest, unfortunately, the rest is real.
Why go to professional school for 4 years when you could be playing golf and building your dream Multi Level Marketing pyramid?
If you were wondering what steps to take, http://www.theherbdoc.com/resources/memberservices/Training/index.html
lists them for you, from starting out as an Nature Sunshine Products distributor, to ordering your mail-order Doctor Diploma.
Just make sure those graduates of full-time naturopathic medical schools do not get licensed,
so you can act as if your make-believe diploma were just as good.

Natural Health Education
and Training Opportunities

If you would like to build your own part-time or full-time practice as a natural health practitioner, we recommend that you seriously consider the following steps toward your professional development and certification. If you become part of our family of distributors, it will be our pleasant responsibility to “mentor” you in your natural health career.

Note: You may wish to reverse the order of your Master Herbalist and Naturopathic Doctor programs, but if you are serious about the natural health profession you will eventually want to take both programs.

1. Become a Nature’s Sunshine Products Independent Distributor and begin attending local training sessions provided by Nature’s Sunshine and your upline.
   
   

2. Begin using the Nature's Sunshine products. Don't use just the food supplements. Remember that there is also a complete line of personal care products as well: shampoo, conditioner, toothpaste, lotions, salves, lip balm, sunscreen, etc. If you are currently buying these products at the drug store or variety store, you are supporting your "competitor" — anything that you can buy from yourself, you should. You shouldn't recommend products that you don't believe in, and you can't believe in a product line that you haven't tried.
   
   Using your own products not only helps you gain confidence in the excellent quality of the entire NSP product line, it also increases your PV/QV and gets you closer to your first bonus check. Remember that as a Manager, you get 35-40% off the retail price of your products, plus you get a bonus check for an additional 27% of the cost of every product you buy from yourself. To become an NSP manager, you only have to use $100 worth of products each month, and have only 10 customers who also use $100 worth of products each month, whether they are retail customers or Member/Distributors. Click here for the bonus schedule.
   
   

3. Attend Nature’s Sunshine’s School of Natural Health to become an NSP Herb Specialist^SM, and attend Nature’s Sunshine’s regular Regional Meetings.
   
   

4. Enroll in the National Association of Certified Natural Health Professionals Certification Program and become a Certified Natural Health Professional (CNHP). This program covers the basics of Body Systems, Nutrition, Iridology, and Body Works. Once you have started your CNHP program, you become eligible for significant tuition discounts from Trinity School of Natural Health.
   
   

5. You may also want to consider becoming a Certified Iridologist through our Iridology Correspondence Course.
   
   

6. Enroll in a program to become certified as a Master Herbalist.
   
   

7. Enroll in a program to earn a degree as a Naturopathic Doctor from Trinity School of Natural Health or from Clayton College of Natural Health.
   
   

8. Pursue your life-long continuing education.
   

---

Local Seminars and Training Opportunities from TheHerbDoc and our Associates.

Training Opportunities from Nature's Sunshine Products.

Trinity School of Natural Health offers Doctor of Naturopathy, Master Herbalist, and Certified Nutritional Consultant programs.

Clayton College of Natural Health offers Undergraduate Degree programs in Natural Health and Holistic Nutrition, Specialization Programs in Herbal Studies and Homeopathy, and Graduate Degree Programs in Naturopathy, Natural Health, and Holistic Nutrition.

Tree of Light Institute is operated by Steven Horne, a senior-level Nature's Sunshine Manager, well-known master herbalist, and current president of the American Herbalist Guild. His Institute offers a number of specialized correspondence courses and books on a wide variety of natural health subjects. Steven developed the curriculum that is currently used by NSP's School of Natural Health.

"Title Protection, ND or not ND" is no longer the question. YES to NDs and SF 1520!

Ken Winston Cain writes in http://www.mindbodyspiritjournal.com/holistic-health/
naturopathy/stop-the-naturopathy-wars-cnmes-medically-trained
-naturopaths-need-a-distinct-title that the war declared by "health freedom"
on ND licensure will end once
the naturopathic physicians give up ND title to the unlicensables and secure for themselves
something less contentious, like Integrative Medical Doctor, or IMD.
Mr. Cain might know what it would take to bring hostilities to end, after all he founded
Boyd Landry's organisation, CNH.
Maybe he is right about the title, ND does not sound all that great, it might stand for 'nada' or 'not doctor', while IMD has more of an imperious ring, 'I, MD', akin to 'I, Claudius'.
However, it might be a mistake to take on a 3 letter abbreviation, too close to IMF and WMD,
as in International Monetary Fund and Weapons of Mass Destruction.

Here is the best title I have seen.

http://www.mes-med.com/prof_anton_j

Leave out "Late" for the living:

Late Lord Pandit Raja-Guru Maha-Atma WHO Qualified Chinese Master-Acupuncturist Prof. Dr. Sir Holy Tibetian Lama Shaman Healer

Will everyone agree to let naturopathic physicians use this title?
Will this agreement bring to end the 'naturopathy wars'?

"health freedom" kills 2008 Colorado licensing bill

Found this entry on livejournal. Check out the brownshirt tactics. Hate Freedom marches on.
BTW, Kimberly Sharples is an old Sunshine Health Freedom/NSP troll.

http://community.livejournal.com/ronpaul2008/360345.html?view=2167705#t2167705

Ron Paul Supporters Stopped Naturopathy Bill in Colorado
Here's my question, to the Ron Paul supporters and other Libertarians out there:
Why was this bill (Colorado HB 1064) blocked? Specifics would be useful.
Can you envision a licensure bill for Naturopathic Physicians in your state that would not trigger the anti-socialism patrol?
Thanks.
(x-posting to Libertarians, Ron Paul group, etc)

Some comments from
Kimberly Sharples, HHP
Health Freedom Activist
kimberlysharples@msn.com
719-390-1979
http://www.vitesis.com/?tag=house-bill-1064:

HB 1064, is the Regulation of Naturopathic Doctors bill. This bill was introduced by Rep. Jeanne Labuda. We are opposing this bill for several reasons.

HB 1064 defines the practice of naturopathy and naturopathic medicine as the same thing, basically all of natural healing.

HB 1064 makes it unlawful for traditional naturopaths or natural health practitioners, from practicing anything within that definition. Those in violation can be charged with a Class 2 misdemeanor or a Class 6 felony.

HB 1064 also makes it unlawful to use titles or words, including naturopath or naturopathy, or ND, unless licensed as a Naturopathic Doctor as specified in the bill.

HB 1064 states that one must have only graduated from certain naturopathic medical schools, which eliminates thousands of other health care practitioners from practicing creating an exclusionary and monopolistic bill.

HB 1064 is poorly written with no honor of the traditional naturopaths and all natural health healers and practitioners.

We are urging everyone to please call, fax and email the members of this committee and urge them to vote NO on HB 1064.

AND FROM ANOTHER ANGLE:

The following is from Rena Bloom, ND, and written from the position of supporting Naturopathic Medicine as a professional practice for those educated at a four year college. Rena supports licensure for trained practitioners in the state of Colorado:

They say when you are in a battle, no one wins. Today HB 1064, the bill to regulate naturopathic doctors was "postponed indefinitely" in the House Health and Human Services committee. In English that means, the bill was killed, before an official vote was taken.

The motion to P.I. the bill was offered by Rep Marostica, and seconded by Rep Swalm.

The people who voted to kill the bill were:
Rep Marostica
Rep Swalm
Rep Frangas
Rep Gagliardi
Rep Kerr
Rep Green
Rep Hicks

The hearing room had a State Patrolman posted, as apparently last week Rep Stafford received some harassing phone calls from people opposing HB 1064, and felt quite uncomfortable, to the point of calling in the State
Patrol.

This morning an email went out from the HealthKeepers, and on Presidential Candidate Ron Paul's web list, soliciting help in opposing HB 1064. People were asked to attend the hearing, wear red, and bring
signs. Which they did. The parking lot was full of Ron Paul bumper stickers, including a big 4X4 pick up truck, with Harley Stickers, and painted on the back: www.naturalmedicinedr.com >. Does that truck belong to any of
you?

As we left the hearing, a group of young men in red, with motorcycle helmets approached us on the sidewalk, and when Greg said excuse us, we didn't need visitors for this discussion, they proceeded to remind us
that the sidewalk was public property, and any one could stand there. We crossed the street, and they followed, again telling us that this was public property, and since we were just a bunch of communists, we should
just move to China. The state patrol was called, at which time the young men left.

I share this ugliness with you, so you get an understanding of how the opposition does politics.

I also share my disappointment. The Health Freedom movement is reveling in their glory of our loss. That's the part about battle, someone has to lose.

I have many thoughts regarding the pursuit of future legislation, which we can share at the CANP meeting coming up later this month.

At this point I admit, I would be happy not setting foot again in that capitol for a while. I also look forward to having the time to participate in more life giving activities, which is nice.

Good news is, you all might as well continue to call yourselves Physicians, and practice as you were trained. The legislators obviously did not think that was a big enough problem for them to deal with.

Rena Bloom ND
Legislative Chair
Colorado Association of Naturopathic Physicians

Is nothing sacred? From Health Freedom to Hate Freedom

It has been an extremely windy day in the Twin Cities.
But no force of nature will compare with MNHLRP's own windbag lobbyist, Karen Studders, J.D..
The information below was made public by Representative Cy Thao during today's committee hearing regarding HF 1724.
To put pressure on Cy Thao, a member of the House who has been working with all
sides on the House File 1724, Karen Studders phoned Hmong Talk Radio last night, April 14.
She made an egregious claim that if Naturopathic Registration Bill passes, Hmong community
members will not be able to perform their religious rituals and gave listeners Cy Thao's
cell phone number to call and protest.
And they did, in great numbers. The phone calls kept coming overnight, till 3P.M. this afternoon, and Mr. Thao had to explain the reality of the situation to many Hmong who came today in person to the Minnesota House to protest what they saw as an encroachment on their religious freedom.

There is not a grain of truth in Karen Studders' accusations. None.
As a registered lobbyist, she must have read the bill and know that.

It is a record low for the Health Freedom movement.
If you are one of its members, go look in the mirror and say 'Shame on you!".
Hard to believe that someone is getting away spreading such malicious lies.

How the NSP tools operate: plan to intimidate a U.S. Senator

Examine this call from 2007 to mobilize pressure on a U.S. Senator.
http://herballure.com/ubbthreads/showthreaded.php?Board=LegislativeAlerts&Number=237048
Don't whether this call succeeded in changing Senator Enzi's mind, but you have to appreciate the sheer insanity of the language.

IMMEDIATE PRESSURE MUST BE PUT ON SENATOR ENZI TO GET AMENDMENT INTO S.1082- UPDATE & WHAT TO DO NOW: 05/01/07 04:58 PM (69.205.153.76)

Edit Reply Quote

Please read Byron Richard's update on S.1082, the Prescription Drug User Fee Act of 2007 http://www.newswithviews.com/Richards/byron24.htm (scroll to bottom of article for Monday's update). We're monitoring the Senate floor right now on CSpan2 http://www.c-span.org/watch/index.asp?Cat=TV&Code=CS2 waiting to hear Senator Durbin's statement about an anticipated amendment regarding Food Safety that we're very concerned about given Durbin's long standing opposition to dietary supplements (he is a senator from Illinois where AMA HQ is and pharmaceutical interests exert enormous pressure on him.)

With the recent contaminated pet food issue thats all over the news right now, and the latest news that melamine contaminated pet food has found its way into human food via chicken feed on 38 poultry farms in Indiana and into hog feed http://www.forbes.com/forbeslife/health/feeds/hscout/2007/05/01/hscout604205.html we've got a challenging political situation but we CAN'T give up because language currently in S.1082 guts DSHEA according to respected attorney Jonathan Emord who has suggested an amendment to protect us!

Senator Mike Enzi from Wyoming is up for reelection next year. That makes him politically vulnerable and we MUST CAPITALIZE on this! Fortunately, he is from Wyoming, a small state population wise- which for our purposes right now is PERFECT because its EASIEST to get the JUNGLE TELEGRAPH cranked in a small state and we can RAPIDLY sound the alarm to health food stores, alternative practitioners, MLMers, and consumers. Clint Miller is going to sound the alarm to Nature's Sunshine distributors there, and Byron Richards and I are working to urge as many vitamin companies as possible to alert their customers in Wyoming. We need all of your help RIGHT NOW to get word out to ANYONE who can help in the state of Wyoming and we ALL need to call and fax Enzi's DC Office at the very least!

ENZI's CONTACT INFO

DC: 202-224-3424
Fax 202-228-0359

Gillette: 307-682-6268
Cody: 307-527-9444
Jackson:307-739-9507
Cheyenne:307-772-2477
Casper:307-261-6572

PHONE SCRIPT:

I am calling to request Senator Enzi amend S.1082, the Prescription Drug User Fee Act of 2007 to delete all reference to the terms "Foods" and "Food Ingredients".

As one of 150 million Americans that rely on dietary supplements to keep myself and my family well, I am especially concerned that this legislation broadens FDA regulatory power to harass functional foods and dietary supplements- which has nothing whatsoever to do with drug safety- (the alleged PURPOSE for this bill.)

The so called HELP Committee has failed to prepare a Committee Report for Staff and Senators to study, so they don't know what lurks within this 262 page bill.

I am OUTRAGED that the bill creates the Reagan-Udall Foundation for the FDA, a pharmaceutical drug development company located literally INSIDE the FDA. This is a total conflict of interest and will WORSEN, not IMPROVE the safety of pharmaceutical drugs- totally contradicting the alleged "PURPOSE" of this legislation.

Although I would like this bill to be KILLED, at a BARE MINIMUM, I INSIST that the following amendment, which was strongly recommended by respected attorney Jonathan Emord of Emord and Associates be included in the bill: This change is necessary so that no confusion is created between drug regulation and food regulation.

Amendment to Bill S1082

Purpose of the amendment: (See pp. 106-107)
The bill, S1082: The Prescription Drug User Fee Act, is hereby amended to eliminate any reference to the terms food or food ingredients, such that food and food ingredients will not be subject to any jurisdiction or control by the Reagan-Udall Foundation for the Food and Drug Administration.

Intent of amendment:
To eliminate from the bill any possibility that food or food ingredients would be treated like drugs either for safety review purposes or for assessment of their efficacy. It is a fundamental tenet of food and drug law that foods and food ingredients are presumed to be safe and have to be established to be adulterated only if they present a significant or unreasonable risk of illness or injury.

I have read Byron Richard's article on this issue on NewsWithViews.com and am calling it to the attention of every health food store, every alternative medical practitioner, chiropractor, naturopath, massage therapist and vitamin consumer I know both in and outside the state of Wyoming.

Following is a form letter to fax in:


Please Amend S.1082 to Protect Dietary Supplements

May 1, 2007

The Honorable Mike Enzi
400 S. Kendrick Avenue, Suite 303
Gillette, WY 82716

Phone DC (202) 224-3424
Fax DC (202) 228-0359
Phone Wyoming (307) 682-6268
Fax Wyoming (307) 682-6501


Dear Senator Enzi;

The issue of drug safety is of the utmost importance to myself and all Americans. I am concerned, however, that bill S.1082, as currently written, opens the door for considerable regulatory confusion.

There must be no confusing the safety of drugs and the safety of food and food ingredients ? which are governed by different laws. This bill authorizes, on pages 106-107, the creation of a new regulatory category that enables the FDA and the Reagan-Udall Foundation for the FDA to attack dietary supplements and functional foods.

I am sure you were not intending to create such confusion, and this matter is easily corrected with a simple amendment. Please support the following amendment to S1082:

The Amendment:

The bill, S1082, is hereby amended to eliminate any reference to the terms food or food ingredients, such that food and food ingredients will not be subject to any jurisdiction or control by the Regan-Udall Foundation for the Food and Drug Administration.

Intent of amendment:

To eliminate from the bill any possibility that food or food ingredients would be treated like drugs either for safety review purposes or for assessment of their efficacy. It is a fundamental tenet of food and drug law that foods and food ingredients are presumed to be safe and have to be established to be adulterated only if they present a significant or unreasonable risk of illness or injury

Sincerely,


------------------------Additional Note:

We'll have an additional chance to kill and amend this legislation in the House and I will need to make an emergency trip to DC. This situation is very much like what we faced back in 1989 when the Nutrition Labelling and Education Act was a stealth bill that was fast tracked through the House and was on its way to the Senate like a guided missile aimed straight for the heart of the supplement industry. When I first noticed it, it was July, and I was hard at work on a book I was writing which I was forced to stop work on as I jumped in with both feet to try to kill the NLEA. July and August are the hardest months to try to move the grass roots to action because so many people are on vacation. I have never lobbied for health freedom before and did not know what to do, so I sought guidance from Clinton Ray Miller.

He advised me to make a list of every health food store within a 50 mile radius of my house and to take a form letter to them all to urge them to bagstuff them and to get their customers into motion contacting congress. I said to Clint, "But that takes in Manhatten island Clint, we're talking about THOUSANDS of stores in NYC and North Jersey!" His response still echoes down through the years in my memory banks "How badly do you REALLY WANT your HEALTH FREEDOM?"

My back is to the WALL. I have a GENETIC NEED for the supplements I use. With no one helping me, I made a list on a legal yellow pad of every health food store in my area, got directions to them, kept a log of the names of owners, managers and went to as many as I could with form letters. The vast majority told me to GET LOST, CAN'T YOU SEE WE'RE BUSY?
For a long time I was baffled, but eventually learned that NNFA (Now NPA) was FOR the bad bill. Over MONTHS of outraged grass roots pressure they eventually did a 180 and turned AGAINST the bad bill.

We didn't kill it, but we DID CURB some of its worst excesses- but most IMPORTANTLY, we ALERTED THE PUBLIC and started the movement of the huge AVALANCHE of letters that helped us pass DSHEA in '94 to protect ourselves. Today, ALL of that HARD WORK is being threatened by what is unfolding between S.1082 and the FDA's Trilateral Cooperation Charter and we ALL must WORK TOGETHER to ONCE AGAIN Awaken the Sleeping Giant: The American People. This is HARD work, but its work we MUST DO because OUR LIVES and the lives of future generations depend on us right now.

IAHF 556 Boundary Bay Rd.
Point Roberts WA 98281 USA
Paypal: http://www.iahf.com/index1.html
For Health Freedom, John C. Hammell, President International Advocates for Health Freedom 556 Boundary Bay Road Point Roberts, WA 98281-8702 USA http://www.iahf.com jham@iahf.com 800-333-2553 N.America 360-945-0352 World


--------------------
Russ Tanner of Herb Allure
Today they'll call you "crazy". Tomorrow they'll call you "ahead of your time."

Truth in Advertising: Clayton announces more BS programs

Clayton Schools' Google text ads often pop up when searching online for things naturopathic.
The ad below is candid about the value of the programs.

Naturopathic

Earn your BS PhD., Certificate in Nat. Health, Naturopathy, Nutrition

NaturalHealthDegrees.com

Making Noise in the Senate Chamber

Interesting 'Colorado Springs Independent' newspaper article from 2006 describes the fight surrounding efforts to regulate NDs in Colorado.
Includes a nice sketch of Health Freedom's Boyd Landry, the fearsome opponent of naturopathic physicians everywhere, who often visits Minnesota as well.
The article claims that 'Landry's group is largely funded by corporate sponsors from the natural supplement industry'.

JANUARY 19, 2006
RX for confusion
Colorado’s lack of regulation leaves alternative doctors on risky ground

By DAN WILCOCK

Terminal.

For 19-year-old Sean Flanagan, the heartbreaking diagnosis came on the day, two years ago, when he hoped Denver's Children's Hospital doctors would tell him he was free of cancer.

The previous year, he'd been through nearly every treatment modern medicine could throw at him: surgery to remove a football-sized tumor from his pelvis, bone marrow transplants, skin-slaking radiation therapy, a leg amputation and various chemotherapies.

It hadn't been enough. Ewing's sarcoma, a rare cancer that strikes most commonly in teenagers, had won the chemical war. To the doctors, the purple tumor knobs on Sean's stump said it all.

If conventional medicine had failed their son, Dave and Laura Flanagan asked themselves, what about alternatives? Weren't there safe natural remedies that could be tried?

The Centennial couple hired Brian O'Connell, who claimed to be an N.M.D., or naturopathic medical doctor. A wall full of credentials and certificates decorated his practice, Mountain Area Naturopathic Associates in Wheat Ridge, a suburb northwest of Denver.

Dave Flanagan says they wanted to help Sean live out his remaining months in less pain. O'Connell, he says, promised to do a lot better: He said he'd save their son. "He said, 'No Irish kid's going to die on my watch.'"

In the first of four treatments, O'Connell injected the teenager with hydrogen peroxide and withdrew his blood with the same syringe. The blood then was exposed to a UV light machine before being returned to his body -- a process called "photoluminescence." Meanwhile, an IV drip administered a cocktail of vitamins into the bloodstream.

Nine days after beginning this treatment, the oxygen level in Sean's veins plummeted to around 18 percent of its normal level, and the teen's skin turned grey. He died on Dec. 19, 2003.

O'Connell was arrested three months later and subsequently booked on 14 counts, including reckless manslaughter, multiple assaults, fraud, theft, practicing medicine without a license, and possession of controlled substances. Dave and Laura Flanagan watched the arrest on TV with horror.

Sean Flanagan isn't the only patient listed in the case against O'Connell, who is charged with assaulting a number of other patients. One went into cardiac arrest, and another died with large open wounds after O'Connell brought him to the emergency room at Lutheran Medical Center in Wheat Ridge.

But Flanagan's grisly death has become a flashpoint in an increasingly heated battle over whether alternative, or naturopathic, doctors should be regulated in Colorado.

Proponents of regulation argue that O'Connell never should have been able to present himself as a naturopathic doctor, because he possessed only flimsy credentials. Police discovered that Flanagan's training in naturopathic medicine had been a correspondence course from the Herbal Healer Academy in Mountain View, Ark.

In the summer of 2004, following his arrest, O'Connell allegedly began seeing patients again. He subsequently was slapped with another round of criminal charges. Lack of oversight, regulation proponents say, allowed him to prey on ignorant consumers.

O'Connell could not be reached, and his attorney declined comment for this story. He goes to trial on Jan. 31 at the Jefferson County District Court in Golden.

Colorado's freewheeling marketplace

Pointing at the O'Connell case and others, the state's Department of Regulatory Agencies (DORA) agreed this fall that something needed to be done.

Having studied the issue for more than 10 years and having issued two previous reports on the topic, the state's professional credentialing agency put its weight behind an application to regulate naturopathic doctors in Colorado. Failure to license qualified naturopathic doctors puts citizens at risk by allowing an unsafe marketplace, according to its report issued Oct. 14.

The recommendation was greeted with gratitude by many of the 84 practicing naturopathic doctors in Colorado, including at least four in Colorado Springs, who arguably have the right to call themselves "doctors" under the state's Consumer Protection Act because they've earned U.S. Department of Education-approved postgraduate degrees in natural medicine.

Dave and Laura Flanagan, of Centennial, lost their son Sean to cancer just days after Brian O’Connell began what they say he promised would be life-saving treatments. Police later discovered that although O’Connell called himself a naturopathic medical doctor, his training consisted only of a correspondence course. Dan Wilcock

"More and more people are interested in this kind of care," says Rena Bloom, a Denver naturopathic doctor and president of the Colorado Association of Naturopathic Physicians, made up of naturopaths who have earned accredited degrees.

Unlike O'Connell, doctors who graduate from one of the three nationally accredited four-year residential colleges (or from a fourth college currently a candidate for accreditation) study a wide range of alternative treatments. They base those treatments on a foundation of conventional, science-based medical training.

Naturopathic doctors, or N.D.s, offer themselves as guides through the expanding maze of available alternative remedies, including herbs, diet changes and homeopathy.

The key difference between naturopaths and conventional medical doctors is the naturopathic philosophy that the body can heal itself if treated holistically, not just through attacking individual symptoms with surgery and drugs.

The ranks of formally trained naturopaths have steadily grown across the country over the last 20 years. Fifteen states and the nation's capital now offer them licenses as primary care providers.

But the resistance to legitimizing them has grown, too.

They face opposition from many medical doctors who call them "quacks," and who view alternative remedies as scientifically unproven and threatening to their own practices.

Even more fiercely opposed to the idea of licensing alternative doctors in Colorado are the multitude of less formally trained healers, many of whom boast correspondence course degrees. They often prefer Colorado's current freewheeling marketplace and fear that licenses would lock them out of a thriving business.

The battle between all camps is likely to be ferocious if Colorado's Legislature, which holds the power to create professional licensing boards, takes up the issue within the next two years.

Although naturopath licensure bills have been introduced and failed three times before -- in 1993, 1995 and 1999 -- the DORA recommendation and the O'Connell case may create a tipping point.

Rigorous training

In looking for an alternative doctor, the Flanagan family wasn't acting out of the mainstream.

At least one-third of all Americans now complement standard medicine with some kind of alternative care, such as naturopathy, acupuncture or massage therapy, according to a study by The New England Journal of Medicine.

That amounts to a $40 billion industry annually, according to some estimates.

Naturopathy employs a wide palette of alternative treatments, ranging from herb usage to massage techniques and spinal manipulation.

"I was not attracted to surgery, I was not attracted to drug therapy," says Bloom, who says she easily could have pursued a degree in conventional medicine after going pre-med at the University of Massachusetts in the 1980s.

But her heart was drawn to alternative care. "I was interested in teaching people what they could do to become healthy," she says. "The combination of studying medicine with natural therapies was, to me, a perfect fit."

Earning a four-year doctorate in naturopathy from the National College of Naturopathic Medicine in Portland, Ore., suited her pragmatic personality.

Students there spend the first two years of study immersed in classes similar to those taken by med-school students, including anatomy, physiology, pediatrics and obstetrics, and going through other rigorous training. During the third and fourth years, the focus is naturopathic, on things such as diet regimes, botanical medicine and pharmacology for natural remedies. Meanwhile, students complete more than 1,500 hours of clinical internship study with both licensed naturopathic physicians and conventional medical doctors.

National College is one of three fully accredited institutions offering N.D. degrees. A fourth, the University of Bridgeport in Connecticut, is approaching its fifth year of candidacy status with the Council on Naturopathic Medical Education.

Rena Bloom, of the Colorado Association of Naturopathic Physicians. Dan Wilcock

After earning her degree in 1991, Bloom applied for and received a license to practice naturopathy in Oregon. But instead of practicing there, she and her husband, also a naturopath, moved to uncharted territory.

"We didn't waste any time," she says. "We moved here and got hopping right away."

Although Colorado didn't offer licenses, the pair established a practice in Denver in 1992 that, like the health alternative marketplace, began to thrive.

"When we first moved to Denver in 1992, if you wanted echinacea or glucosamine sulfate, you went to Alfalfa's, Wild Oats or the co-op," she says. These days, "customers shop for herbs at CostCo, a Walgreens and Target."

Walking into a madhouse

In 1993, Bloom found an ally in the fight for recognition in then-state Rep. Russell George, a Republican from Rifle.

"He looked at us and said, 'Let me get this straight. You're well-trained. You're offering a service to the citizens of Colorado that they want and appreciate, and you're practicing medicine without a license?'

"We said, 'Uh huh.'

"And he said, 'Well something needs to be done about that.' And from that day forth, he sponsored our bills."

From 1993 until 1999, George, who became speaker of the house, championed bills to regulate naturopaths.

Although bills failed in 1993 and 1995, the stars appeared to have aligned for licensure in 1999. The Colorado Medical Society -- the state's largest membership society of medical doctors and students -- agreed to not oppose licensing if the law stated that naturopaths would not prescribe medicine, do minor surgery, deliver babies or use the title of "physician."

The bill appeared poised for approval.

Then, everything went haywire.

On April 20, 1999, the Columbine school massacre happened. Uproar followed at the state Capitol, and all other issues got pushed back.

When Bloom finally was invited to the State House to make what she had expected to be a simple presentation, licensing opponents had come out in full force.

"The basement was swarming with people with these big buttons on. It was one of these 'No!' buttons with our bill number on it."

As many as 150 people flooded the hearing room, prompting the senators to move to a larger space. Dozens of people rose to speak against licensing naturopaths, the first being a stocky man named Boyd Landry.

Landry, executive director of the Washington D.C.-based Coalition for Natural Health, a nonprofit organization that fights against licensing naturopaths, had mobilized the bill's ambush.

To this day, George, now executive director of the state's Department of Natural Resources, remains convinced that regulating alternative doctors is the right thing to do.

"The more I learned, the more impressed I was to learn how well-trained they are, how strong their academic training is," he says.

Anti-licensing crusader Boyd Landry. Dan Wilcock

He, too, was surprised by the sudden emergence of the activists in the Senate chamber. "When you have that much noise in the system, it's hard to accomplish anything."

Lobbying for health freedom

Landry represents the multitude of alternative healers who go into practice without fancy degrees -- including reiki practitioners, Rolfers, traditional naturopaths, aroma therapists and hydrotherapists.

He says he'll travel to any state to oppose naturopath licensing: Idaho, Louisiana, Minnesota and Rhode Island all have been recent stops.

"I'm one of Delta's favorite customers," he says in a recent interview at a diner near Denver International Airport.

He often hires the best lobbyist available. In Denver seven years ago, that was Pancho Hayes, who also represented Philip Morris and the Denver Broncos.

Landry's group is largely funded by corporate sponsors from the natural supplement industry. The massive industry wants to ensure that their products aren't targeted for further regulation by the Food and Drug Administration.

Landry, who has no medical background, has been successful in supporting "health freedom" laws in six states that guarantee the right to dispense non-medical alternative care without a license. Focusing on who should be called a "doctor," he says, isn't important.

"People deal with tree doctors, muffler doctors, glass doctors," he says. "There's all kinds of doctors out there."

And as for the risks of allowing dangerous novices to call themselves doctors, Landry is dismissive.

"Doctors kill people all day long," he says. "That's why we have malpractice."

The case of Mark Cooper

But the idea of regulation makes a lot of sense to one of the naturopathic doctors listed in Colorado's DORA report.

Mark Cooper, an accredited-school naturopath and licensed acupuncturist, runs the Alpine Naturopathic Clinic in Colorado Springs. He can attest that the state's lack of regulation poses risks for the practitioner as well as the patient.

Cooper graduated from National College in the same year as Bloom. Like Bloom, he operates a thriving practice and has forged working relationships with several local medical doctors. Most of his patients come to him, he says, "because they've exhausted their options to treat their diseases."

Last summer, Cooper became the focus of an investigation, and ultimately was sued for practicing medicine without a license, by Colorado Attorney General John Suthers.

But unlike O'Connell, the Wheat Ridge naturopath, no one was accusing Cooper of having harmed anyone.

The lawsuit, he says, had more to do with retaliation for providing primary care as an alternative doctor.

"The people who lashed out at me never even met me," Cooper says of the two Colorado Springs medical doctors who pushed to bring the action against him.

In 2002, Cooper successfully removed a patient's abscessed hemorrhoid; in 2004, he sold a thyroid medication to a patient. He was trained to perform both procedures, but because he has no license, he was accused of illegally practicing medicine.

Colorado Springs naturopath Mark Cooper. © 2005 Bruce Elliott

Cooper settled the case last fall, signing an injunction that says he will refrain from writing prescriptions and doing surgery, injections and IV therapy.

Although he plans to fully honor the terms of the injunction, he chalks the penalty and the thousands of dollars he spent fighting the lawsuit up to a "turf war" between naturopathic care and conventional medicine.

"I'm interfering in an economic business in Colorado Springs," he says, calling the lawsuit "financial retaliation." With no regulation, it's easy for M.D.s to wield current laws to discriminate against naturopaths and keep them on unsure ground by resisting the creation of a scope of practices for naturopathic doctors.

Cooper says the same exclusionary tactics have been employed against other medical disciplines throughout history: Chiropractors had to battle for legitimacy but now are licensed in all 50 states; pharmacists used to be prohibited from patient counseling; and so on.

"Regulation in health care," Cooper says, "is almost exclusively to the patient's benefit."

And it also could be to the benefit to M.D.s, he says, because with regulation, he'd be able to cooperate more openly with the medical establishment and refer more patients to conventional physicians.

Giving legitimacy

Last year, delegates of the Colorado Medical Society -- the same organization that was neutral on naturopathic regulation in 1999 -- voted to strongly oppose regulation of alternative doctors.

Laura Pomerenke, a surgeon and president of the El Paso County Medical Society, explains.

"When you license someone, you're giving them, in terms of the public, some kind of legitimacy," she says.

Yet Pomerenke acknowledges that medical doctors possibly have a self-serving interest in blocking regulation. "I can't believe it's completely altruistic," she says.

Indeed, despite high salaries -- the 2003 U.S. median salary for family physicians was $146,000 a year, according to the University of Virginia -- medical doctors are not immune from professional jealousy and greed.

And many medical doctors can sense the shift in the medical marketplace towards holistic prevention, natural remedies and organics. Even though at least a third of Americans consult with alternative care providers, some 75 percent of them don't tell their medical doctors they are doing so, according to a 1997 report from the Council on Scientific Affairs.

"We've all worked pretty hard to become doctors. You want to make sure if they're calling themselves a doctor, you want to know their standards," Pomerenke says. "What is the standard of care for naturopathic medicine? I don't know."

'All about balancing'

Despite strenuous resistance from some pockets of the medical community, the resistance to licensing naturopaths may be fading nationwide.

One of a small community of academics studying the regulation of the current alternative medicine boom is Michael H. Cohen, an assistant professor at Harvard Medical School.

"It's all about balancing," he says. "A person has the right to say what will happen with his own body."

Naturopaths who have gone through rigorous training but operate in unlicensed states "are at risk," he notes. "They operate in a grey zone."

But the antagonism that currently bristles between naturopaths and M.D.s in Colorado may give way to new cooperative relationships, he says.

"Cross-referral is probably the wave of the future," he says.

That evolution of consciousness may not happen fast enough in Colorado, says Laura Flanagan. Now a big proponent of regulation, Flanagan hopes she can help prevent the kind of tragedy that may have robbed her son's last months of life.

"We need to continue to push and let people know about this," she says about the fight to regulate naturopaths, "so that people like [O'Connell] won't have such easy access to the public."

COMMENTS

State of Reliefs: Time Magazine looks at Utah's MLM diet supplement industry

http://www.time.com/time/magazine/article/0,9171,1541294,00.html

State of Reliefs

Looking for a great business opportunity? Step right up, ladies and gentlemen, and join the XanGo team
By JEFFREY RESSNER / SALT LAKE CITY

Posted Oct. 01, 2006 Looking for a great business opportunity? Step right up, ladies and gentlemen, and join the XanGo team. Pronounced zang-go, this powerful elixir comes from the mangosteen, a fruit grown in the jungles of Thailand. The juice is anti-inflammatory! Antidepressant! Antitumor! Now you too can be a distributor of this incredible formula for a one-time fee of just $35 plus $100 for the first four bottles. Not one of those claims has been conclusively proved, but similarly worded pitches--made in e-mails or other direct solicitations to independent marketers have helped XanGo pass $200 million in sales in 2005. The four-year-old company is just the latest big player in the country's $23.5 billion dietary-supplement trade--much of it based here in an arid stretch of Utah called the Wasatch Front.

More than 100 supplement companies dot the terrain alongside I-15 snaking through Salt Lake City, Utah, generating $4 billion in annual sales--four times the revenue of the state's more famous ski trade. The herbal health business is so prevalent in this area that it has been nicknamed Cellulose Valley, after the primary component of green plants.

Why Utah? For one thing, the dry air is ideal for storing precious powders. For another, politicians like Senator Orrin Hatch have helped create a fertile regulatory climate. Then there's the long-standing environment of support for the products. Many Utah supplement companies are owned or operated by members of the Church of Jesus Christ of Latter-day Saints (LDS). In the 1800s, LDS founder Joseph Smith blamed traditional medicine for his brother's death and his own traumatic leg surgery. Early Mormon writings praised the "plants and roots, which God had prepared to remove the cause of diseases." In the 1940s, Mormon herbalist John Christopher preached about natural healing. A few decades later, three Utah companies--Nature's Herbs, Nature's Way and Nature's Sunshine--began selling his formulas.

But it's Utah's entrepreneurial attitude that perhaps accounts most of all for the boom. A large portion of supplements is sold through multilevel marketing, commonly known as MLM--or person-to-person sales. The trade publication Nutrition Business Journal estimates that $7.7 billion in supplements was sold in U.S. vitamin stores last year, $6 billion by food markets and big-box outlets and $4.2 billion via MLM distribution. "It's a substantial figure," says journal editor Grant Ferrier. "Roughly 20% of all sales come from MLM, and Utah is the stronghold."

One reason for Utah's MLM success seems again to stem from the church. Nature's Sunshine became the first to go that route back in 1975, and Mormons--trained in door-to-door evangelism through compulsory missions--proved natural salespeople. "The church provides a network--a real plus factor for MLM companies," says Rory Mahony, general manager of Nature's Way, which sells through health-food and vitamin shops. Under direct-sales plans, independent reps earn commissions for items they sell but also receive payouts by recruiting others to become distributors. The bigger one's network, the better.

The MLM model has been upgraded with sophisticated tracking software, video blogs and other high-tech means to tell the story of the product's value, which distributors say is the key to clinching sales. Utah companies like XanGo reach far beyond state boundaries with evangelists like Francine Blain, a single mother and former contract attorney from Santa Monica, Calif. Blain signed on two years ago as a XanGo distributor. When not tending to her 5-year-old son, she's immersed in all things XanGo--tinkering with her eponymous website, talking to the "upline" sponsor who signed her, recruiting more "downline" distributors, listening to motivational training sessions and using an automated dialing system to cold-call strangers who have expressed interest in supplements or owning a home business.

Blain is a manic, mouthy merchant of mangosteen. "No commute. No dress code. I never have to leave the house. I've found my dream job," she says. She envisions XanGo paying for her son's education, homes in Manhattan and Paris and "the freedom to pursue my artistic side." As for XanGo's health benefits, Blain is a believer. "My friend's father had pancreatic cancer," she says. "After XanGo, he had much more energy."

Gung-ho marketers like Blain have helped propel XanGo to the fore of the business. The privately held company aims to hit sales of $1 billion by decade's end. "We're ahead of projections on our fourth year," says co-founder Gordon Morton at his orange-hued headquarters in Lehi, Utah. "We're very bullish we'll hit our goal." (Some publicly traded supplement firms also use MLM sales, among them Usana and Nu Skin, with fiscal 2005 revenues of $328 million and $1.2 billion, respectively.)

Though wildly successful, the MLM business model has opened supplement companies to a persistent complaint: the stuff doesn't work as claimed. Because independent marketers are not scrutinized by the Food and Drug Administration (FDA), the business has long been criticized for pushing unwarranted claims through its network of sellers. "While you have the FDA breathing down your neck about what your company can legally say, distributors like Bob and Mary can tell their friends whatever they want," says Dan Hurley, author of the forthcoming exposÈ Natural Causes. He writes that aside from fish oil, vitamin D and a handful of other vitamins and minerals, "the vast majority of supplements taken by Americans have been proven to be unsafe, ineffective or both."

In the case of XanGo, "no published clinical trials [show] evidence that either the fruit or its juice is an effective treatment for arthritis, cancer or any other disorder in humans," writes Dr. Brent Bauer, the Mayo Clinic's alternative-medicine specialist. Mangosteens contain antioxidants called xanthones that have been shown to stop certain bacteria and fungi in lab tests. Yet independent-distributor sites claim the juice helps everything from Alzheimer's disease to kidney stones. XanGo's Morton concedes that wild claims are being made. "With 600,000 distributors, some stuff gets past our compliance [measures]," he says. "Overpromising and underdelivering is a problem in any company, from painting houses to selling cars."

Sure. But promising a nice paint job isn't the same as claiming to cure cancer. In 1997, Utah-based Nu Skin paid $1.5 million to the Federal Trade Commission, which monitors advertising claims, for five products it said could reduce fat and build muscle. Before that, the company was accused of making unsubstantiated claims about a baldness treatment and a wrinkle lotion. Packaging for many Nu Skin products (and those from sister company Pharmanex) now carries an array of disclaimer asterisks.

Any major regulatory oversight would be a new hurdle for the supplement business, thanks to some old friends in Washington. Senator Hatch co-sponsored the Dietary Supplement Health and Education Act of 1994, which released manufacturers from demonstrating that products were safe before being sold. Hatch has invested in a Utah company called Pharmics, and other supplement companies contribute regularly to his campaigns. XanGo recently became Hatch's top contributor, with executives donating $46,200.

Not even Hatch could halt the industry's dose of bad press, though, over ephedra. The FDA received more than 800 reports of adverse effects from the Chinese weight-loss herb before it proposed limiting doses in 1997. A subsequent study tied 155 deaths to various ephedra products, but uncontrolled sales weren't banned until 2004. Utah company Neutraceutical Corp. is still arguing that lower doses are safe, but in August the firm was overruled by an appeals court.

Another concern: supplement companies may soon have to rethink their MLM models in order to go global. In July, Nu Skin received word that China's Ministry of Commerce has approved the company's proposal to begin direct sales in that country early next year. (So far, Avon is the only other such U.S. company allowed there.) Nu Skin has poured $100 million into manufacturing plants and opened 150 retail shops in China. But it won't be business as usual. Under the license, Chinese distributors earn commissions on products sold outside stores but won't be paid to recruit other sellers. "The government was not inclined to allow multilevel or tiered compensation," says CEO Truman Hunt.

With much of Asia already supplement crazy, U.S. companies believe that China is a natural market for their goods, many of which are derived, after all, from Asian herbs and plants. Consider the buzz in holistic-healing circles around Himalayan goji berries, used in Tibet for nearly 2,000 years to treat kidney problems, allergies, diabetes and tuberculosis. At least that's according to the marketing materials of Timpanogos Nursery, a farm growing goji berries--in Utah. The mangosteen may have met its match.

Minnesota Natural Health Legal Reform links to one of the largest diet supplement multi-level marketing (MLM) companies

The Minnesota Health freedom groups had not yet posted their position opposing the ND Registration Bill on their own websites by the middle of March 2008.
The only online 'ALARM' opposing this bill I found at that time
was on the site for the Sunshine Health Freedom Foundation.
Its URL was
http://www.sunshinehealthfreedomfoundation.com/page/page/5629935.htm

The Sunshine Health Freedom foundation is supported by the Nature Sunshine Products.
In this instance, there was no effort to create an illusion of distance from the corporate sponsor.
The top alert was penned by Denise B. Bird, a corporate officer of the Nature Sunshine Products, Inc., and is addressed to 'Minnesota Resident/NSP manager'.
Below is the entire page:

--Start--

Home
***IMPORTANT ALERTS****
What We Do
Who We Are
What Can I Do
STATE COORDINATORS
STATE REPORTS
State Freedom Groups
NAT'L FREEDOM ACTIVISTS
National Organizations
Find your Representative
Links and Learning
Contact Us
**Minnesota Alert**
MINNESOTA HEALTH FREEDOM ALERT

MARCH 14, 2005(sic)

Minnesota SF 1520

Dear Minnesota resident/NSP Manager:

We recently received important information from the
Sunshine Health Freedom Foundation. Please review
this information and pass it along to your successline
Members.

As mentioned in the letter (link) below, we urge you
to oppose Minnesota SF 1520. Please email or fax this
letter to members of the Judiciary Committee and the
State and Local Government Operations Committee.
Information about SF 1520 / Prepared letter to fax or
email
Contact information for Judiciary and Operations
Committees

Thank you for your continued participation and support
in the fight for legislative freedom!

Best Regards,

Denise B. Bird
Director - Paralegal Services
Nature's Sunshine Products, Inc.





Additional Alert 3-18-08



NEW MNHLRP Action Alert -- Oppose SF 1520 -- Call and
Email Now!

Dear Health Freedom Friends,
Sorry this is out so late. We only just found out
and still do not have all the details. The Senate
hearing time has changed. We ask that you politely --
with your best Minnesota Nice -- ask each Senator to
oppose the bill. We also encourage you to attend the
hearing to show your opposition to SF1520. The
hearing will be either tonight or tomorrow afternoon.
Please do what you can do to ensure that health
freedom is secure.
You may copy and paste the following message into
your email. Thanks
Minnesota Natural Health Legal Reform Project

Respected Senator,
I OPPOSE Senate File 1520. This bill has not
undergone a thorough examination nor had the
thoughtful analysis that it needs. And there is no
opportunity for public testimony. I ask that you
protect my freedom of access to all natural health
modalities and practitioners and secure the status of
Minn. Stat. 146A. Please oppost SF 1520 and vote NO.
Sincerely,

MNHLRP
www.mnhlrp.org
mnhlrp@charter.net
Powered by CityMax.com

--End--

In the above page 'Information about SF 1520 / Prepared letter to fax or
email' links to 'oppose sf 1520' form letter prepared by the MNHLRP's lobbyist,
Karen Studders, J.D.
An interesting detail is
that this form letter is served by one of NSP corporate web servers. The URL is below and is still active today; text of the letter follows.

http://www.naturessunshine.com/contentserver/GetMiscFile.axd?id=hf_mn_march08.htm

--Start--

PLEASE OPPOSE SF 1520
This Bill will DESTROY Minnesota’s Health Freedom
Statute 146A

The Honorable Senator ______________________________
________________2008

Minnesota Senate
______________________________

___________________________Fax

Dear Senator _______________________________:

I respectfully urge you to OPPOSE SF 1520, a
dangerously restrictive Naturopathic Doctor
Registration bill with broad implications for consumer
choice.
Under existing law, MN Statute 146A, Minnesota
currently allows consumers to access the traditional
healing methods of their choice, and currently ensures
all traditional unlicensed healers practicing
complementary and alternative health care under MN
Statute 146A are not charged with practicing medicine
without a license. We want to ensure that traditional
naturopaths and unlicensed complementary and
alternative health care providers practicing
naturopathy under MN Statute 146A will be able to
continue to practice in Minnesota.
MN Statute 146A already allows complementary and
alternative health care practitioners to practice
naturopathy, and allows consumers to receive
naturopathy and its associated modalities.
There is no consumer need for an additional law
requiring registration of a small, select group of
naturopathic practitioners that already have the right
to practice under existing law.
SF 1520 endangers consumer choices and health
freedoms.
SF 1520 potentially makes it illegal for hundreds of
valuable unlicensed persons to practice their healing
arts unless they are registered with the state and
graduates of a four-year naturopathic school.
As an informed consumer, I want the freedom to make my
own choices about my health care, including the right
to choose from unlicensed health care practitioners
and naturopaths in Minnesota, practicing under MN
Statute 146A. I do not support unnecessary
registration or licensure for unlicensed natural
health practitioners or complementary and alternative
health care practitioners who are not involved in
high-risk practices or posing an imminent risk of harm
to the public.
Please protect my rights and ensure that Minnesota
citizens will continue to have health freedom to
access all traditional naturopaths and other natural,
complementary and alternative health care
practitioners practicing naturopathy under MN Statute
146A.
MINNESOTA HEALTH SEEKERS DESERVE TO HAVE THEIR OPTIONS
PROTECTED!!!

_________________________________________________________________________________
Signature
Print Name


____________________________________________________________________________________________
Address City
State
Zip

Prepared by Karen Studders, J.D., for Minnesota
Natural Health Legal Reform Project, www.mnhlrp.org OR
651-322-4542

--End--

Now, what is NSP, the organization hosting this "Please
Oppose SF 1520" letter?
It is one of the largest multi-level marketing diet supplement companies in the world.

From their website:

http://www.naturessunshine.com/us/company/history/history.aspx,

--Start--

...soon realized they wanted to touch more lives with
their products, and they found the perfect vehicle for
making this happen—direct marketing. This business
model allowed them to educate consumers about the
products and provided their sales force an opportunity
to share in the success of the company. Today Nature’s
Sunshine Products (NSP) can be found in 33 countries,
represented by nearly 600,000 distributors,

--End--

600,000 distributors equal a considerable "grassroots" base.

MNHLRP organizes campaign to kill registration at any cost. Please support NDs in Minnesota and SF 1520.

On April 7, 2008, ' The Essential Wellness' magazine sent out an 'eblast' to organize a mass protest against Registration Bill.

'Eblast' text below:

> From: Essential Wellness newspaper
> [mailto:wellness@centurytel.net]
> Sent: Monday, April 07, 2008 9:26 AM
> To: nlcst@charter.net
> Subject: Today: Call to legislative action for
> Minnesota healthcare practitioners
>
>
>
> Essential Wellness newspaper
>
>
>
>
> April 7, 2008
>
>
>
> Greetings!
>
> THIS IS FOR MINNESOTA PEOPLE ONLY
> REGARDING A MN BILL now in the legislative which
> threatens health freedom.
>
>
>
> Sorry, WI people, I just did not have
> time to sort through the email list to delete you!
>
>
>
> First visit: www.mnhlrp.org
>
>
>
> Please read this entire email.
>
>
>
> Naturopathic Guidelines in jeopardy
>
>
>
> Did you know the "Naturopathic Doctor"
> registration bill, HF 1724/SF 1520, in the MN
> Legislature is listing a therapy you practice under
> Chapter 146A now as their expertise?
>
>
>
>
> We need people who want to talk with
> the Representatives who are on this committee. We
> need lots of people to meet me at the State Office
> Building, 100 Martin Luthor King BLvd, in the lobby
> at 10:30am TODAY. They can call Katie Murphy at
> 651-470-3174. I will instruct them what to do and
> take them to the Capitol bldg to meet the
> Representatives that carry the vote that afternoon.
> This will be the ONLY chance anyone has to talk to
> the Representatives. They must wear business
> professional clothing -(no sneakers or jeans). Tell
> them to bring quarters for parking (do not park in
> Sears parking lot). We need people to carry signs &
> protest this bill @ 2:00 pm.
>
>
>
>
> Participate in an old fashion Protest.
> Show up on Monday, April 7th at 2:00pm, at the
> entrance of State Office Bldg, 100 Rev. Martin
> Luthor Kind Blvd, bring a sign if you can. We need
> everyone, hundreds of people!! We are trying to
> get the TV and Radio media alerted to the problem.
>
> MNHLRP's efforts to amend the bill are
> not being heard. MNHLRP needs your help to stop
> this legislation. Rally at the Capitol the Monday,
> April 7th at 2pm and literally hold up signs of
> protest!
>
>
>
> Please visit our website for more
> information about this bill, your right to practice
> and your freedom of access to the health care
> modalities of your choice! http://www.mnhlrp.org
>
>
>
> 1. This bill claims (and I quote)
> "the therapeutic use of the physical agents of air,
> water, heat, cold, sound, light, and electromagnetic
> nonionizing radiation and the physical modalities of
> electrotherapy, diathermy, ultraviolet light,
> hydrotherapy, massage, stretching, colon
> hydrotherapy, frequency specific microcurrent,
> electrical muscle stimulation, transcutaneous
> electrical nerve stimulation, and therapeutic
> exercise." to be their domain - just to name a few
> !! Imagine that! AIR and WATER their healing
> agents - SOUND and LIGHT their healing agents!! Are
> you not concerned? They also claim "Food, food
> extracts, vitamins, minerals, enzymes, etc to be
> THEIR domain. see the copy of attached bill.
>
> 2. The real behind the scenes problem
> - the "Client Bill of Rights" under which we all
> practice will not cover us in the future when the
> "Naturopathic Doctors" move forward to form a State
> Board to License. Why? Because all our therapies
> will be in their domain. What could be worse?
> Their "License Board" will be under the umbrella of
> the "Medical License Board". They will have the
> easy next step of setting up the REQUIREMENTS for us
> to practice.
>
> 3. Why are many Naturopathic Doctors
> against those "PUSHING" this through? Because the
> bill limits registration to only graduates of
> CERTAIN SCHOOLS within a specific time period. That
> means those schools are trying to get CONTROL and
> put themselves in place for NATIONAL REGULATION.
>
>
>
> We need to stop this. We CAN STOP
> this and it won't take that much work.
>
>
>
> But it will take numbers of us to be
> heard.
>
>
>
> Katie Murphy

2008 Minnesota Naturopathic Registration Bill Text

The House Bill Number is 1724,
The Senate Bill Number is 1520.
The Bills with all Engrossments are available at http://www.leg.state.mn.us/leg/legis.asp
Below is the text of the current House Bill


H.F. No. 1724, 1st Engrossment - 85th Legislative Session (2007-2008) Posted on Mar 18, 2008

1.1A bill for an act

1.2relating to occupations and professions; providing for registration of naturopathic
1.3doctors;amending Minnesota Statutes 2006, sections 116J.70, subdivision 2a;
1.4145.61, subdivision 2; 146.23, subdivision 7; 148B.60, subdivision 3; 214.23,
1.5subdivision 1; 604A.01, subdivision 2; 604A.015; proposing coding for new law
1.6as Minnesota Statutes, chapter 147E.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8ARTICLE 1

1.9GENERAL

1.10 Section 1. [147E.01] DEFINITIONS.
1.11 Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.12 Subd. 2. Advisory council. "Advisory council" means the Registered Naturopathic
1.13Doctor Advisory Council established under section 147E.35.
1.14 Subd. 3. Approved naturopathic medical program. "Approved naturopathic
1.15medical program" means a naturopathic medical education program in the United States
1.16or Canada and meets the requirements for accreditation by the Council on Naturopathic
1.17Medical Education (CNME) or an equivalent federally recognized accrediting body for
1.18the naturopathic medical profession recognized by the board. This program must offer
1.19graduate-level full-time didactic and supervised clinical training leading to the degree
1.20of Doctor of Naturopathy or Doctor of Naturopathic Medicine. The program must be
1.21an institution, or part of an institution, of higher education that at the time the student
1.22completes the program is:
1.23 (1) either accredited or is a candidate for accreditation by a regional institution
1.24accrediting agency recognized by the United States Secretary of Education; or
2.1 (2) a degree granting college or university that prior to the existence of CNME
2.2offered a full-time structured curriculum in basic sciences and supervised patient care
2.3comprising a doctoral naturopathic medical education that is at least 132 weeks in
2.4duration, must be completed in at least 35 months, and is reputable and in good standing
2.5in the judgment of the board.
2.6 Subd. 4. Board. "Board" means the Board of Medical Practice or its designee.
2.7 Subd. 5. Contact hour. "Contact hour" means an instructional session of 50
2.8consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
2.9social activities.
2.10 Subd. 6. Homeopathic preparations. "Homeopathic preparations" means
2.11medicines prepared according to the Homeopathic Pharmacopoeia of the United States.
2.12 Subd. 7. Registered naturopathic doctor. "Registered naturopathic doctor" means
2.13a person authorized and registered to practice naturopathic medicine under this chapter.
2.14 Subd. 8. Minor office procedures. "Minor office procedures" means the use of
2.15operative, electrical, or other methods for the repair and care incidental to superficial
2.16lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in
2.17the superficial tissues and the use of antiseptics and local topical anesthetics in connection
2.18with such methods, except that it shall not include general or spinal anesthetics, major
2.19surgery, surgery of the body cavities, or specialized surgeries such as plastic surgery,
2.20surgery involving the eye, or surgery when tendons are involved.
2.21 Subd. 9. Naturopathic licensing examination. "Naturopathic licensing
2.22examination" means the Naturopathic Physicians Licensing Examination or its successor
2.23administered by the North American Board of Naturopathic Examiners or its successor as
2.24recognized by the board.
2.25 Subd. 10. Naturopathic medicine. "Naturopathic medicine" means a system of
2.26primary health care practiced by registered naturopathic doctors for the prevention,
2.27assessment, and treatment of human health conditions, injuries, and diseases that uses:
2.28 (1) services and treatments as described in section 147E.05; and
2.29 (2) natural health procedures and treatments that do not require licensure as defined
2.30in chapter 146A.
2.31 Subd. 11. Naturopathic physical medicine. "Naturopathic physical medicine"
2.32includes, but is not limited to, the therapeutic use of the physical agents of air, water, heat,
2.33cold, sound, light, and electromagnetic nonionizing radiation and the physical modalities
2.34of electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage, stretching,
2.35colon hydrotherapy, frequency specific microcurrent, electrical muscle stimulation,
2.36transcutaneous electrical nerve stimulation, and therapeutic exercise.

3.1 Sec. 2. [147E.05] SCOPE OF PRACTICE.
3.2 Subdivision 1. Practice parameters. (a) The practice of naturopathic medicine by a
3.3registered naturopathic doctor includes, but is not limited to, the following services:
3.4 (1) ordering, administering, prescribing, or dispensing for preventive and therapeutic
3.5purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids,
3.6enzymes, botanicals and their extracts, botanical medicines, herbal remedies, homeopathic
3.7medicines, all dietary supplements and nonprescription drugs as defined by the federal
3.8Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling,
3.9hypnotherapy, biofeedback, dietary therapy, electrotherapy, galvanic therapy, naturopathic
3.10physical medicine, oxygen, therapeutic devices, barrier devices for contraception, and
3.11minor office procedures, including obtaining specimens to assess and treat disease;
3.12 (2) performing or ordering physical and orificial examinations, clinical laboratory
3.13tests and examinations, and physiological function tests;
3.14 (3) referring a patient for diagnostic imaging studies including x-ray, CT scan, MRI,
3.15ultrasound, mammogram, bone densitometry, and referring the studies to an appropriately
3.16licensed health care professional to conduct the study and interpret the results;
3.17 (4) prescribing nonprescription medications and therapeutic devices or ordering
3.18noninvasive diagnostic procedures commonly used by physicians in general practice;
3.19 (5) utilizing routes of administration that include oral, nasal, auricular, ocular,
3.20rectal, and vaginal; and
3.21 (6) prescribing or performing naturopathic physical medicine.
3.22 (b) A registered naturopathic doctor may admit patients to a hospital if the
3.23naturopathic doctor meets the hospital's governing body requirements regarding
3.24credentialing and privileging process.
3.25 Subd. 2. Prohibitions on practice. (a) The practice of naturopathic medicine
3.26does not include:
3.27 (1) administering therapeutic ionizing radiation or radioactive substances;
3.28 (2) administering general or spinal anesthesia;
3.29 (3) prescribing, dispensing, or administering all legend drugs including
3.30chemotherapeutic substances;
3.31 (4) performing major surgery, plastic surgery, or specialized surgeries; or
3.32 (5) performing or inducing abortions.
3.33 (b) A naturopathic doctor registered under this chapter shall not perform surgical
3.34procedures using a laser device or perform surgical procedures involving the eye, ear,
3.35tendons, nerves, veins, or arteries extending beyond superficial tissue. A naturopathic
3.36doctor shall not practice or claim to practice as a medical doctor, osteopath, dentist,
4.1podiatrist, optometrist, psychologist, advanced practice professional nurse, physician
4.2assistant, chiropractor, physical therapist, acupuncturist, or any other health care
4.3professional, unless the naturopathic physician also holds a license or registration for
4.4another health care practice profession.

4.5 Sec. 3. [147E.06] PROFESSIONAL CONDUCT.
4.6 Subdivision 1. Informed consent. The registered naturopathic doctor shall obtain
4.7informed consent from the patient prior to initiating treatment and after advising the
4.8patient of the naturopathic doctor's qualifications including education, registration
4.9information, and outline of the scope of practice of registered naturopathic doctors in
4.10Minnesota. This information must be supplied to the patient in writing before or at the
4.11time of the initial visit. The registrant shall present treatment facts and options accurately
4.12to the patient or to the individual responsible for the patient's care and make treatment
4.13recommendations according to standards of good naturopathic medical practice.
4.14 Subd. 2. Patient records. (a) A registered naturopathic doctor shall maintain a
4.15record for seven years for each patient treated, including:
4.16 (1) a copy of the informed consent;
4.17 (2) evidence of a patient interview concerning the patient's medical history and
4.18current physical condition;
4.19 (3) evidence of an examination and assessment;
4.20 (4) record of the treatment; and
4.21 (5) evidence of evaluation and instructions given to the patient, including
4.22acknowledgment by the patient in writing that, if deemed necessary by the registered
4.23naturopathic doctor, the patient has been advised to consult with another health care
4.24provider.
4.25 (b) A registered naturopathic doctor shall maintain the records of minor patients for
4.26seven years or until the minor's 19th birthday, whichever is longer.
4.27 Subd. 3. Data practices. Data maintained on a naturopathic patient by a registered
4.28naturopathic doctor is subject to section 144.335.
4.29 Subd. 4. State and municipal public health regulations. A registered naturopathic
4.30doctor shall comply with all applicable state and municipal requirements regarding
4.31public health.

4.32 Sec. 4. [147E.10] REGISTRATION.
4.33 Subdivision 1. Registration required. After July 1, 2008, persons who practice
4.34naturopathic medicine, or represent themselves as practicing naturopathic medicine by
5.1use of a term in subdivision 2, shall conspicuously display the registration in the place of
5.2practice.
5.3 Subd. 2. Designation. No individual may use the title "registered naturopathic
5.4doctor," "naturopathic doctor," "doctor of naturopathic medicine," or use, in connection
5.5with the individual's name, the letters "N.D.," "R.N.D.," or "N.M.D.," or any other titles,
5.6words, letters, abbreviations, or insignia indicating or implying that the individual is
5.7eligible for registration by the state as a registered naturopath or a registered naturopathic
5.8doctor unless the individual has been registered as a registered naturopathic doctor
5.9according to this chapter.
5.10 Subd. 3. Other health care practitioners. Nothing in this chapter may be construed
5.11to prohibit or to restrict:
5.12 (1) the practice of a profession by individuals who are licensed, certified, or
5.13registered under other laws of this state and are performing services within their authorized
5.14scope of practice or unlicensed complementary and alternative health care under chapter
5.15146A;
5.16 (2) the practice of naturopathic medicine by an individual licensed, registered, or
5.17certified in another state and employed by the government of the United States while the
5.18individual is engaged in the performance of duties prescribed by the laws and regulations
5.19of the United States;
5.20 (3) the practice by a naturopathic doctor duly licensed, registered, or certified in
5.21another state, territory, or the District of Columbia when incidentally called into this state
5.22for consultation with a Minnesota licensed physician or Minnesota registered naturopathic
5.23doctor;
5.24 (4) the practice of naturopathic medicine by students enrolled in an approved
5.25naturopathic medical college if the performance of services is according to a course of
5.26instruction or assignments from, and under the supervision of an instructor who is a
5.27licensed physician, osteopath, chiropractor, or registered naturopathic doctor;
5.28 (5) an individual rendering aid in an emergency, when no fee or other consideration
5.29for the service is charged, received, expected, or contemplated;
5.30 (6) an individual administering a remedy to a family member;
5.31 (7) a person engaged in the sale of vitamins, health foods, dietary supplements, and
5.32other products of nature, the sale of which is not otherwise prohibited under state or
5.33federal law except that this clause does not:
5.34 (i) allow that person to diagnose any human disease, ailment, injury, infirmity,
5.35deformity, or other condition; or
6.1 (ii) prohibit providing truthful and nonmisleading information regarding anything
6.2in this chapter;
6.3 (8) a person engaged in good faith in the practice of religious tenets of any religious
6.4belief, without the use of prescription drugs;
6.5 (9) a person acting in good faith for religious reasons as a matter of conscience or as
6.6a personal belief when obtaining or providing information regarding health care and the
6.7use of any product under clause (7); and
6.8 (10) persons not registered by this chapter from the use of individual modalities
6.9which comprise the practice of naturopathic medicine, such as the use of nutritional
6.10supplements, herbs, foods, homeopathic preparations, and physical forces such as heat,
6.11cold, water, touch, and light.
6.12 Subd. 4. Penalty. A person violating subdivision 2 is guilty of a gross misdemeanor.

6.13 Sec. 5. [147E.15] REGISTRATION REQUIREMENTS.
6.14 Subdivision 1. General requirements for registration. To be eligible for
6.15registration, an applicant must:
6.16 (1) submit a completed application on forms provided by the board along with all
6.17fees required under section 147E.40 that includes:
6.18 (i) the applicant's name, Social Security number, home address and telephone
6.19number, and business address and telephone number;
6.20 (ii) the name and location of the naturopathic medical program the applicant
6.21completed;
6.22 (iii) a list of degrees received from other educational institutions;
6.23 (iv) a description of the applicant's professional training beyond the first degree
6.24received;
6.25 (v) a list of registrations, certifications, and licenses held in other jurisdictions;
6.26 (vi) a description of any other jurisdiction's refusal to credential the applicant;
6.27 (vii) a description of all professional disciplinary actions initiated against the
6.28applicant in any jurisdiction; and
6.29 (viii) any history of drug or alcohol abuse, and any misdemeanor or felony
6.30conviction;
6.31 (2) submit a copy of a diploma from an approved naturopathic medical education
6.32program;
6.33 (3) have successfully passed the Naturopathic Physicians Licensing Examination,
6.34a competency-based national naturopathic licensing examination administered by the
6.35North American Board of Naturopathic Examiners or successor agency as recognized
7.1by the board; passing scores are determined by the Naturopathic Physicians Licensing
7.2Examination;
7.3 (4) submit additional information as requested by the board, including providing
7.4any additional information necessary to ensure that the applicant is able to practice with
7.5reasonable skill and safety to the public;
7.6 (5) sign a statement that the information in the application is true and correct to the
7.7best of the applicant's knowledge and belief; and
7.8 (6) sign a waiver authorizing the board to obtain access to the applicant's records
7.9in this or any other state in which the applicant has completed an approved naturopathic
7.10medical program or engaged in the practice of naturopathic medicine.
7.11 Subd. 2. Registration by endorsement; reciprocity. (a) To be eligible for
7.12registration by endorsement or reciprocity, the applicant must hold a current naturopathic
7.13license, registration, or certification in another state, Canadian province, the District of
7.14Columbia, or territory of the United States, whose standards for licensure, registration, or
7.15certification are at least equivalent to those of Minnesota, and must:
7.16 (1) submit the application materials and fees as required by subdivision 1, clauses
7.17(1), (2), and (4) to (6);
7.18 (2) have successfully passed either:
7.19 (i) the Naturopathic Physicians Licensing Examination; or
7.20 (ii) if prior to 1986, the state or provincial naturopathic board licensing examination
7.21required by that regulating state or province;
7.22 (3) provide a verified copy from the appropriate government body of a current
7.23license, registration, or certification for the practice of naturopathic medicine in another
7.24jurisdiction that has initial licensing, registration, or certification requirements equivalent
7.25to or higher than the requirements in subdivision 1; and
7.26 (4) provide letters of verification from the appropriate government body in each
7.27jurisdiction in which the applicant holds a license, registration, or certification. Each letter
7.28must state the applicant's name, date of birth, license, registration, or certification number,
7.29date of issuance, a statement regarding disciplinary actions, if any, taken against the
7.30applicant, and the terms under which the license, registration, or certification was issued.
7.31 (b) An applicant applying for license, registration, or certification by endorsement
7.32must be licensed, registered, or certified in another state or Canadian province
7.33prior to January 1, 2005, and have completed a 60-hour course and examination in
7.34pharmacotherapeutics.
7.35 Subd. 3. Temporary registration. The board may issue a temporary registration to
7.36practice as a registered naturopathic doctor to an applicant who is licensed, registered, or
8.1certified in another state or Canadian province and is eligible for registration under this
8.2section, if the application for registration is complete, all applicable requirements in this
8.3section have been met, and a nonrefundable fee has been paid. The temporary registration
8.4remains valid only until the meeting of the board at which time a decision is made on the
8.5registered naturopathic doctor's application for registration.
8.6 Subd. 4. Registration expiration. Registrations issued under this chapter expire
8.7annually.
8.8 Subd. 5. Renewal. (a) To be eligible for registration renewal a registrant must:
8.9 (1) annually, or as determined by the board, complete a renewal application on a
8.10form provided by the board;
8.11 (2) submit the renewal fee;
8.12 (3) provide evidence of a total of 25 hours of continuing education approved by the
8.13board as described in section 147E.25; and
8.14 (4) submit any additional information requested by the board to clarify information
8.15presented in the renewal application. The information must be submitted within 30 days
8.16after the board's request, or the renewal request is nullified.
8.17 Subd. 6. Change of address. A registrant who changes addresses must inform
8.18the board within 30 days, in writing, of the change of address. All notices or other
8.19correspondence mailed to or served on a registrant by the board are considered as having
8.20been received by the registrant.
8.21 Subd. 7. Registration renewal notice. At least 45 days before the registration
8.22renewal date, the board shall send out a renewal notice to the last known address of the
8.23registrant on file. The notice must include a renewal application and a notice of fees
8.24required for renewal or instructions for online renewal. It must also inform the registrant
8.25that registration will expire without further action by the board if an application for
8.26registration renewal is not received before the deadline for renewal. The registrant's
8.27failure to receive this notice does not relieve the registrant of the obligation to meet the
8.28deadline and other requirements for registration renewal. Failure to receive this notice is
8.29not grounds for challenging expiration of registration status.
8.30 Subd. 8. Renewal deadline. The renewal application and fee must be postmarked
8.31on or before December 31 of the year of renewal. If the postmark is illegible, the
8.32application is considered timely if received by the third working day after the deadline.
8.33 Subd. 9. Inactive status and return to active status. (a) A registrant may be
8.34placed in inactive status upon application to the board by the registrant and upon payment
8.35of an inactive status fee.
9.1 (b) Registrants seeking restoration to active from inactive status must pay the current
9.2renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
9.3specified in subdivision 5, including continuing education hours.
9.4 (c) Registrants whose inactive status period has been five years or longer must
9.5additionally have a period of no less than eight weeks of advisory council-approved
9.6supervision by another registered naturopathic doctor.
9.7 Subd. 10. Registration following lapse of registration status for two years or
9.8less. For any individual whose registration status has lapsed for two years or less, to
9.9regain registration status, the individual must:
9.10 (1) apply for registration renewal according to subdivision 5;
9.11 (2) document compliance with the continuing education requirements of section
9.12147E.25 since the registrant's initial registration or last renewal; and
9.13 (3) submit the fees required under section 147E.40 for the period not registered,
9.14including the fee for late renewal.
9.15 Subd. 11. Cancellation due to nonrenewal. The board shall not renew, reissue,
9.16reinstate, or restore a registration that has lapsed and has not been renewed within two
9.17annual registration renewal cycles starting January 2007. A registrant whose registration
9.18is canceled for nonrenewal must obtain a new registration by applying for registration
9.19and fulfilling all requirements then in existence for initial registration as a registered
9.20naturopathic doctor.
9.21 Subd. 12. Cancellation of registration in good standing. (a) A registrant holding
9.22an active registration as a registered naturopathic doctor in the state may, upon approval
9.23of the board, be granted registration cancellation if the board is not investigating the
9.24person as a result of a complaint or information received or if the board has not begun
9.25disciplinary proceedings against the registrant. Such action by the board must be reported
9.26as a cancellation of registration in good standing.
9.27 (b) A registrant who receives board approval for registration cancellation is not
9.28entitled to a refund of any registration fees paid for the registration year in which
9.29cancellation of the registration occurred.
9.30 (c) To obtain registration after cancellation, a registrant must obtain a new
9.31registration by applying for registration and fulfilling the requirements then in existence
9.32for obtaining initial registration as a registered naturopathic doctor.
9.33 Subd. 13. Emeritus status of registration. A registrant may change the status of
9.34the registration to "emeritus" by filing the appropriate forms and paying the onetime
9.35fee of $50 to the board. This status allows the registrant to retain the title of registered
9.36naturopathic doctor but restricts the registrant from actively seeing patients.

10.1 Sec. 6. [147E.20] BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
10.2 (a) The board shall act on each application for registration according to paragraphs
10.3(b) to (d).
10.4 (b) The board shall determine if the applicant meets the requirements for registration
10.5under section 147E.15. The board or advisory council may investigate information
10.6provided by an applicant to determine whether the information is accurate and complete.
10.7 (c) The board shall notify each applicant in writing of action taken on the application,
10.8the grounds for denying registration if registration is denied, and the applicant's right
10.9to review under paragraph (d).
10.10 (d) Applicants denied registration may make a written request to the board, within
10.1130 days of the board's notice, to appear before the advisory council or the board and for
10.12the advisory council to review the board's decision to deny the applicant's registration.
10.13After reviewing the denial, the advisory council shall make a recommendation to the board
10.14as to whether the denial shall be affirmed. Each applicant is allowed only one request
10.15for review each yearly registration period.

10.16 Sec. 7. [147E.25] CONTINUING EDUCATION REQUIREMENT.
10.17 Subdivision 1. Number of required contact hours. (a) A registrant applying for
10.18registration renewal must complete a minimum of 25 contact hours of board-approved
10.19continuing education in the year preceding registration renewal, with the exception of
10.20the registrant's first incomplete year, and attest to completion of continuing education
10.21requirements by reporting to the board.
10.22 (b) Of the 25 contact hours of continuing education requirement in paragraph (a), at
10.23least five hours of continuing education must be in pharmacotherapeutics.
10.24 Subd. 2. Approved programs. The board shall approve continuing education
10.25programs that have been approved for continuing education credit by the American
10.26Association of Naturopathic Physicians or any of its constituent state associations, the
10.27American Chiropractic Association or any of its constituent state associations, the
10.28American Osteopathic Association Bureau of Professional Education, the American
10.29Pharmacists Association or any of its constituent state associations, or an organization
10.30approved by the Accreditation Council for Continuing Medical Education.
10.31 Subd. 3. Approval of continuing education programs. The board shall also
10.32approve continuing education programs that do not meet the requirements of subdivision 2
10.33but meet the following criteria:
10.34 (1) the program content directly relates to the practice of naturopathic medicine;
11.1 (2) each member of the program faculty is knowledgeable in the subject matter as
11.2demonstrated by a degree from an accredited education program, verifiable experience in
11.3the field of naturopathic medicine, special training in the subject matter, or experience
11.4teaching in the subject area;
11.5 (3) the program lasts at least 50 minutes per contact hour;
11.6 (4) there are specific, measurable, written objectives, consistent with the program,
11.7describing the expected outcomes for the participants; and
11.8 (5) the program sponsor has a mechanism to verify participation and maintains
11.9attendance records for three years.
11.10 Subd. 4. Accumulation of contact hours. A registrant may not apply contact hours
11.11acquired in one one-year reporting period to a future continuing education reporting period.
11.12 Subd. 5. Verification of continuing education credits. The board shall periodically
11.13select a random sample of registrants and require those registrants to supply the board
11.14with evidence of having completed the continuing education to which they attested.
11.15Documentation may come directly from the registrants from state or national organizations
11.16that maintain continuing education records.
11.17 Subd. 6. Continuing education topics. Continuing education program topics
11.18may include, but are not limited to, naturopathic medical theory and techniques
11.19including diagnostic techniques, nutrition, botanical medicine, homeopathic medicine,
11.20physical medicine, lifestyle modification counseling, anatomy, physiology, biochemistry,
11.21pharmacology, pharmacognosy, microbiology, medical ethics, psychology, history of
11.22medicine, and medical terminology or coding.
11.23 Subd. 7. Restriction on continuing education topics. (a) A registrant may apply
11.24no more than five hours of practice management to a one-year reporting period.
11.25 (b) A registrant may apply no more than 15 hours to any single subject area.
11.26 Subd. 8. Continuing education exemptions. The board may exempt any person
11.27holding a registration under this chapter from the requirements of subdivision 1 upon
11.28application showing evidence satisfactory to the board of inability to comply with the
11.29requirements because of physical or mental condition or because of other unusual or
11.30extenuating circumstances. However, no person may be exempted from the requirements
11.31of subdivision 1 more than once in any five-year period.

11.32 Sec. 8. [147E.30] DISCIPLINE; REPORTING.
11.33 For purposes of this chapter, registered naturopathic doctors and applicants are
11.34subject to sections 147.091 to 147.162.

12.1 Sec. 9. [147E.35] REGISTERED NATUROPATHIC DOCTOR ADVISORY
12.2COUNCIL.
12.3 Subdivision 1. Membership. The board shall appoint a seven-member Registered
12.4Naturopathic Doctor Advisory Council appointed by the governor consisting of one public
12.5member as defined in section 214.02, five registered naturopathic doctors who are residents
12.6of the state, and one licensed physician or osteopath with expertise in natural medicine.
12.7 Subd. 2. Organization. The advisory council shall be organized and administered
12.8under section 15.059. The council shall not expire.
12.9 Subd. 3. Duties. The advisory council shall:
12.10 (1) advise the board regarding standards for registered naturopathic doctors;
12.11 (2) provide for distribution of information regarding registered naturopathic doctors
12.12standards;
12.13 (3) advise the board on enforcement of sections 147.091 to 147.162;
12.14 (4) review applications and recommend granting or denying registration or
12.15registration renewal;
12.16 (5) advise the board on issues related to receiving and investigating complaints,
12.17conducting hearings, and imposing disciplinary action in relation to complaints against
12.18registered naturopathic doctors;
12.19 (6) advise the board regarding approval of continuing education programs using the
12.20criteria in section 147E.25, subdivision 3; and
12.21 (7) perform other duties authorized for advisory councils by chapter 214, as directed
12.22by the board.

12.23 Sec. 10. [147E.40] FEES.
12.24 Subdivision 1. Fees. Fees are as follows:
12.25 (1) registration application fee, $200;
12.26 (2) renewal fee, $150;
12.27 (3) late fee, $75;
12.28 (4) inactive status fee, $50; and
12.29 (5) temporary permit fee, $25.
12.30 Subd. 2. Proration of fees. The board may prorate the initial annual registration
12.31fee. All registrants are required to pay the full fee upon registration renewal.
12.32 Subd. 3. Penalty fee for late renewals. An application for registration renewal
12.33submitted after the deadline must be accompanied by a late fee in addition to the required
12.34fees.
12.35 Subd. 4. Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.

13.1 Sec. 11. EFFECTIVE DATE.
13.2 This article is effective July 1, 2008.

13.3ARTICLE 2

13.4 CONFORMING AMENDMENTS

13.5 Section 1. Minnesota Statutes 2006, section 116J.70, subdivision 2a, is amended to
13.6read:
13.7 Subd. 2a. License; exceptions. "Business license" or "license" does not include
13.8the following:
13.9 (1) any occupational license or registration issued by a licensing board listed in
13.10section 214.01 or any occupational registration issued by the commissioner of health
13.11pursuant to section 214.13;
13.12 (2) any license issued by a county, home rule charter city, statutory city, township, or
13.13other political subdivision;
13.14 (3) any license required to practice the following occupation regulated by the
13.15following sections:
13.16 (i) abstracters regulated pursuant to chapter 386;
13.17 (ii) accountants regulated pursuant to chapter 326A;
13.18 (iii) adjusters regulated pursuant to chapter 72B;
13.19 (iv) architects regulated pursuant to chapter 326;
13.20 (v) assessors regulated pursuant to chapter 270;
13.21 (vi) athletic trainers regulated pursuant to chapter 148;
13.22 (vii) attorneys regulated pursuant to chapter 481;
13.23 (viii) auctioneers regulated pursuant to chapter 330;
13.24 (ix) barbers and cosmetologists regulated pursuant to chapter 154;
13.25 (x) boiler operators regulated pursuant to chapter 183;
13.26 (xi) chiropractors regulated pursuant to chapter 148;
13.27 (xii) collection agencies regulated pursuant to chapter 332;
13.28 (xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
13.29to chapter 150A;
13.30 (xiv) detectives regulated pursuant to chapter 326;
13.31 (xv) electricians regulated pursuant to chapter 326;
13.32 (xvi) mortuary science practitioners regulated pursuant to chapter 149A;
13.33 (xvii) engineers regulated pursuant to chapter 326;
13.34 (xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
13.35 (xix) certified interior designers regulated pursuant to chapter 326;
14.1 (xx) midwives regulated pursuant to chapter 147D;
14.2 (xxi) naturopathic doctors registered pursuant to chapter 147E;
14.3 (xxii) nursing home administrators regulated pursuant to chapter 144A;
14.4 (xxii) (xxiii) optometrists regulated pursuant to chapter 148;
14.5 (xxiii) (xxiv) osteopathic physicians regulated pursuant to chapter 147;
14.6 (xxiv) (xxv) pharmacists regulated pursuant to chapter 151;
14.7 (xxv) (xxvi) physical therapists regulated pursuant to chapter 148;
14.8 (xxvi) (xxvii) physician assistants regulated pursuant to chapter 147A;
14.9 (xxvii) (xxviii) physicians and surgeons regulated pursuant to chapter 147;
14.10 (xxviii) (xxix) plumbers regulated pursuant to chapter 326;
14.11 (xxix) (xxx) podiatrists regulated pursuant to chapter 153;
14.12 (xxx) (xxxi) practical nurses regulated pursuant to chapter 148;
14.13 (xxxi) (xxxii) professional fund-raisers regulated pursuant to chapter 309;
14.14 (xxxii) (xxxiii) psychologists regulated pursuant to chapter 148;
14.15 (xxxiii) (xxxiv) real estate brokers, salespersons, and others regulated pursuant to
14.16chapters 82 and 83;
14.17 (xxxiv) (xxxv) registered nurses regulated pursuant to chapter 148;
14.18 (xxxv) (xxxvi) securities brokers, dealers, agents, and investment advisers regulated
14.19pursuant to chapter 80A;
14.20 (xxxvi) (xxxvii) steamfitters regulated pursuant to chapter 326;
14.21 (xxxvii) (xxxviii) teachers and supervisory and support personnel regulated pursuant
14.22to chapter 125;
14.23 (xxxviii) (xxxix) veterinarians regulated pursuant to chapter 156;
14.24 (xxxix) (xl) water conditioning contractors and installers regulated pursuant to
14.25chapter 326;
14.26 (xl) (xli) water well contractors regulated pursuant to chapter 103I;
14.27 (xli) (xlii) water and waste treatment operators regulated pursuant to chapter 115;
14.28 (xlii) (xliii) motor carriers regulated pursuant to chapter 221;
14.29 (xliii) (xliv) professional firms regulated under chapter 319B;
14.30 (xliv) (xlv) real estate appraisers regulated pursuant to chapter 82B;
14.31 (xlv) (xlvi) residential building contractors, residential remodelers, residential
14.32roofers, manufactured home installers, and specialty contractors regulated pursuant
14.33to chapter 326; or
14.34 (xlvi) (xlvii) licensed professional counselors regulated pursuant to chapter 148B;
14.35 (4) any driver's license required pursuant to chapter 171;
14.36 (5) any aircraft license required pursuant to chapter 360;
15.1 (6) any watercraft license required pursuant to chapter 86B;
15.2 (7) any license, permit, registration, certification, or other approval pertaining to a
15.3regulatory or management program related to the protection, conservation, or use of or
15.4interference with the resources of land, air, or water, which is required to be obtained
15.5from a state agency or instrumentality; and
15.6 (8) any pollution control rule or standard established by the Pollution Control
15.7Agency or any health rule or standard established by the commissioner of health or any
15.8licensing rule or standard established by the commissioner of human services.

15.9 Sec. 2. Minnesota Statutes 2006, section 145.61, subdivision 2, is amended to read:
15.10 Subd. 2. Professional. "Professional" means a person licensed or registered to
15.11practice a healing art under chapter 147, 147E, or 148, to practice dentistry under chapter
15.12150A, to practice as a pharmacist under chapter 151, or to practice podiatry under chapter
15.13153.

15.14 Sec. 3. Minnesota Statutes 2006, section 146.23, subdivision 7, is amended to read:
15.15 Subd. 7. Exemption. The provisions of subdivision 2 do not apply to physicians
15.16and doctors of osteopathy licensed under chapter 147 or naturopathic doctors registered
15.17under chapter 147E.

15.18 Sec. 4. Minnesota Statutes 2006, section 148B.60, subdivision 3, is amended to read:
15.19 Subd. 3. Unlicensed mental health practitioner or practitioner. "Unlicensed
15.20mental health practitioner" or "practitioner" means a person who provides or purports to
15.21provide, for remuneration, mental health services as defined in subdivision 4. It does not
15.22include persons licensed by the Board of Medical Practice under chapter 147 or 147E or
15.23registered by the Board of Medical Practice under chapter 147A; the Board of Nursing
15.24under sections 148.171 to 148.285; the Board of Psychology under sections 148.88
15.25to 148.98; the Board of Social Work under chapter 148D; the Board of Marriage and
15.26Family Therapy under sections 148B.29 to 148B.39; the Board of Behavioral Health and
15.27Therapy under sections 148B.50 to 148B.593 and chapter 148C; or another licensing
15.28board if the person is practicing within the scope of the license; members of the clergy
15.29who are providing pastoral services in the context of performing and fulfilling the salaried
15.30duties and obligations required of a member of the clergy by a religious congregation;
15.31American Indian medicine men and women; licensed attorneys; probation officers; school
15.32counselors employed by a school district while acting within the scope of employment
15.33as school counselors; licensed occupational therapists; or licensed occupational therapy
16.1assistants. For the purposes of complaint investigation or disciplinary action relating to an
16.2individual practitioner, the term includes:
16.3 (1) persons employed by a program licensed by the commissioner of human services
16.4who are acting as mental health practitioners within the scope of their employment;
16.5 (2) persons employed by a program licensed by the commissioner of human services
16.6who are providing chemical dependency counseling services; persons who are providing
16.7chemical dependency counseling services in private practice; and
16.8 (3) clergy who are providing mental health services that are equivalent to those
16.9defined in subdivision 4.

16.10 Sec. 5. Minnesota Statutes 2006, section 214.23, subdivision 1, is amended to read:
16.11 Subdivision 1. Commissioner of health. The board shall enter into a contract
16.12with the commissioner to perform the functions in subdivisions 2 and 3. The contract
16.13shall provide that:
16.14 (1) unless requested to do otherwise by a regulated person, a board shall refer all
16.15regulated persons infected with HIV, HBV, or HCV to the commissioner;
16.16 (2) the commissioner may choose to refer any regulated person who is infected
16.17with HIV, HBV, or HCV as well as all information related thereto to the person's board
16.18at any time for any reason, including but not limited to: the degree of cooperation and
16.19compliance by the regulated person; the inability to secure information or the medical
16.20records of the regulated person; or when the facts may present other possible violations
16.21of the regulated persons practices act. Upon request of the regulated person who is
16.22infected with HIV, HBV, or HCV the commissioner shall refer the regulated person and all
16.23information related thereto to the person's board. Once the commissioner has referred a
16.24regulated person to a board, the board may not thereafter submit it to the commissioner to
16.25establish a monitoring plan unless the commissioner of health consents in writing;
16.26 (3) a board shall not take action on grounds relating solely to the HIV, HBV, or HCV
16.27status of a regulated person until after referral by the commissioner; and
16.28 (4) notwithstanding sections 13.39 and 13.41 and chapters 147, 147A, 147E, 148,
16.29150A, 153, and 214, a board shall forward to the commissioner any information on a
16.30regulated person who is infected with HIV, HBV, or HCV that the Department of Health
16.31requests.

16.32 Sec. 6. Minnesota Statutes 2006, section 604A.01, subdivision 2, is amended to read:
16.33 Subd. 2. General immunity from liability. (a) A person who, without
16.34compensation or the expectation of compensation, renders emergency care, advice, or
17.1assistance at the scene of an emergency or during transit to a location where professional
17.2medical care can be rendered, is not liable for any civil damages as a result of acts or
17.3omissions by that person in rendering the emergency care, advice, or assistance, unless the
17.4person acts in a willful and wanton or reckless manner in providing the care, advice, or
17.5assistance. This subdivision does not apply to a person rendering emergency care, advice,
17.6or assistance during the course of regular employment, and receiving compensation or
17.7expecting to receive compensation for rendering the care, advice, or assistance.
17.8 (b) For the purposes of this section, the scene of an emergency is an area outside
17.9the confines of a hospital or other institution that has hospital facilities, or an office of
17.10a person licensed to practice one or more of the healing arts under chapter 147, 147A,
17.11147E, 148, 150A, or 153. The scene of an emergency includes areas threatened by or
17.12exposed to spillage, seepage, fire, explosion, or other release of hazardous materials,
17.13and includes ski areas and trails.
17.14 (c) For the purposes of this section, "person" includes a public or private nonprofit
17.15volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer
17.16first provider of emergency medical services, volunteer ski patroller, and any partnership,
17.17corporation, association, or other entity.
17.18 (d) For the purposes of this section, "compensation" does not include payments,
17.19reimbursement for expenses, or pension benefits paid to members of volunteer
17.20organizations.
17.21 (e) For purposes of this section, "emergency care" includes providing emergency
17.22medical care by using or providing an automatic external defibrillator, unless the person
17.23on whom the device is to be used objects; or unless the person is rendering this care
17.24during the course of regular employment, the person is receiving or expects to receive
17.25compensation for rendering this care, and the usual and regular duties of the person
17.26include the provision of emergency medical care. "Automatic external defibrillator"
17.27means a medical device heart monitor and defibrillator that:
17.28 (1) has received approval of its premarket notification, filed pursuant to United States
17.29Code, title 21, section 360(k), from the United States Food and Drug Administration;
17.30 (2) is capable of recognizing the presence or absence of ventricular fibrillation or
17.31rapid ventricular tachycardia, and is capable of determining, without intervention by an
17.32operator, whether defibrillation should be performed; and
17.33 (3) upon determining that defibrillation should be performed, automatically charges
17.34and requests delivery of an electrical impulse to an individual's heart.

18.1 Sec. 7. Minnesota Statutes 2006, section 604A.015, is amended to read:
18.2604A.015 SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.
18.3 A school bus driver who, while on duty, provides emergency care, advice, or
18.4assistance at the scene of an emergency or during transit to a location where professional
18.5medical care can be rendered, is not liable in ordinary negligence, for any civil damages as
18.6a result of acts or omissions to the person to whom assistance is rendered by the school
18.7bus driver in rendering the emergency care, advice, or assistance. For the purposes of this
18.8section, the scene of an emergency is an area outside the confines of a hospital or other
18.9institution that has hospital facilities, or an office of a person licensed to practice one or
18.10more of the healing arts under chapter 147, 147E, 148, 150A, or 153.

18.11 Sec. 8. EFFECTIVE DATE.
18.12 This article is effective July 1, 2008.

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