|
JUSTIFICATION TO PASS A HEALTH FREEDOM
BILL IN MARYLAND
Approximately 38 percent of adults (about 4 in 10)
and approximately 12 percent of children (about 1 in 9) are found using
some form of Complementary Alternative Medicine (CAM) in the US according National Center for Complementary Alternative Medicine (NCCAM/NIH) in a 2007
study. NCCAM has listed 42
complementary alternative therapies used in the US. The Maryland
Medical Practice Act restricts your right to access the practitioners of
unlicensed alternative valuable healing modalities because the definition
of “Practice of Medicine” in the Medical act is all inclusive and does not
recognize CAM. It
restricts the right “to prevent or diagnose, correct, prescribe for,
administer to, or treat in any manner or by any means, methods, or devices
any disease, illness, pain, wound, fracture, infirmity, defect, or abnormal
physical or mental condition of any individual” only to licensed medical practitioners. This means that practitioners
of all unlicensed complementary alternative therapies are in violation of
the law.
Residents seek out alternative health care products, treatments and
services in increasing numbers. However currently very few alternative
health care practitioners dare to practice openly, because under the
current law they could be charged with “practicing medicine without a
license” and risk criminal penalties.
While this law is not routinely enforced, it has been used from time
to time to prosecute CAM
practitioners.
Alternative health care treatments have
been provided safely for centuries without a substantial risk of harm to
the public. Legalizing them formally will assure even safer and more
professional provision of these services in our state. Health freedom laws require that
practitioners give consumers information about their education,
professional CAM training, name of the schools and contact information,
and refrain from certain prohibited acts and services, such as prescribing
drugs or performing surgery, x-rays, and others.
Some of the reasons to pass the bill are
summarized here.
1. Fundamental right- Maryland Citizens has a
fundamental right to choose health care system. Government must not dictate
only one medical system that creates a monopoly. The US Constitution
article IX also states that “ I retain the right to freedom of choice
in health educational services. This includes the right to choose my diet,
and to obtain, purchase and use any therapy, regimen, modality,
remedy of product recommended by any therapist, doctor, or practitioner of
my choice.”
2. Seven states already have health freedom
laws- California, Idaho,
Louisiana, Minnesota, New Mexico, Oklahoma and Rhode Island and similar
bills have been introduced in 22 states.
http://www.nationalhealthfreedom.org/InfoCenter/laws_passed.html
http://www.nmlegis.gov
3. Federal laws and agencies are
supportive of CAM- Dietary Supplement Health and
Education Act (DSHEA 1994), National Center for Complementary and
Alternative Medicine, NIH (NCCAM/NIH) and The White House Commission on
Complementary and Alternative Medicine Policy (WHCCAMP,1992).
4. Consumer needs expert advice
from CAM providers- Consumer often buy CAM products and services from
herbal stores without consulting CAM practitioners or go out of
state for consultation which is expensive and the state loses money in tax
revenues
5. Licensed physicians with CAM training are rare- Medical schools in general
do not give training in CAM. An MD needs to have an additional 1 to 3
years of formal training in CAM to qualify to practice. For
example, Naturopathy medicine has a 4 year degree program so does Ayurvedic
medicine and Homeopathy. Many
physicians also discourage CAM.
6. Licensing of all CAM practitioners is not
possible-
Licensing of CAM practitioners needs a high
number of practitioners in Maryland which is not possible
without a health freedom law because people can be prosecuted for
practicing CAM, a vicious cycle. There are 42 CAM systems listed by
NIH/NCCAM. It is very expensive and
tedious to license all of them. It
is not necessary either.
7. Freedom for medical doctors
and better health care – Primary care practitioners may be able to build formal relationship
and collaborate with CAM practitioners since there is
no conflict between primary health care and CAM practitioners. It may result in better health care.
8. Preventative care– CAM practitioners emphasize the
preventative health care strategies which may result in lowering health
care cost. CAM health care may also help in
some chronic illnesses where there is very little help available in
conventional medicine.
9. Enhanced patient safety – The bill includes
prohibited acts and provides for full disclosure of qualification and
experience of practitioners. Practitioners can be prosecuted for law
violations.
10. Economy– Maryland has over hundred businesses
in CAM product sales and service.
The bill may help create new training schools, new jobs and services. That
may increase tax revenue for the state.
11. An established fact – Most
of the chronic diseases that affect 160 million Americans and account for
78% of our healthcare costs are caused by lifestyles and environmental
factors – namely our diet, sedentary life style, smoking, chronic stress,
and environmental toxins (Hyman et al. Alt Ther.
2009, 15:#6, 12-14). Life style choice medicine is the main focus of
alternative health care medicine practitioners.
12. Poor Social Integration – Stress
management, balance of exercise and rest, along with and exposure to
polluted environment (cigarette smoke, alcohol consumption, toxic
chemicals, a poor diet) are known to contribute up to 70% of chronic
diseases that can be prevented by life style changes (McGinnis, JM et al.,
Health Affairs, 2002L2):78-93; Jones et all..,Alt
Ther. 2009, 15: #6, 8-9,).
13. Medical Societies – Nearly
all the major medical societies recently joined in publishing a review of
the scientific evidence for life style medicine both for prevention and
treatment of chronic diseases. For example, in the recent “EPIC”
study, adherence of 23000 people to 4 simple behaviors (not smoking, exercising
3.5 hours a week, eating a healthy diet [fruits, vegetables, beans, whole
grains, nuts, seeds and limited amounts of meat], and maintaining a healthy
weight (BMI
<30j) was analyzed. In the group of people who adhered to these behaviors,
93% of diabetes, 81% of heart attacks, 50% of strokes and 36% of all
cancers were prevented (Ford et al.2009, Arch. Intern Med:1355-1362).
14. US Congress – On August 6, 2009,
Senator Ron Wyden (D, Oregon) introduced new legislation in the US Congress,
the Take Back Your Health Act(S. 1640) that includes payment for lifestyle
choice medicine as treatments. This legislation has bipartisan co-sponsorship
by Senators John Cornyn (R, Texas) and Tom Harkin(D, Iowa).
Health Care and Resources
- www.lcmishra.com
|
