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Alert 

4/6/2006

updated 9/25/06

updated 2/2007

 

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updated 4/2007

On April 30, 2007 the FDA will close the public comment period on a "Guidance" which will classify every alternative practice as medicine so that only licensed physicians can carry out the procedure AND vitamins, minerals, herbs, etc., will suddenly become "untested drugs" which will be forbidden.

The only thing that can stop these oppressive regulations is public outcry.

Spread the word! Tell everyone in your Circle of Influence, professionals, alternative practitioners, nutrient and herb companies, everyone! Let them know how important their participation is to make sure the FDA backs off from this repressive course.

Please read this link and take immediate action by commenting on the FDA's proposed guidelines as well as writing your legislatures: 

http://tinyurl.com/2u7ghc

This information was provided by: 

Rima E. Laibow, MD
Medical Director
Natural Solutions Foundation
www.HealthFreedomUSA.org

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The American Herbalists Guild along with a whole host of other organizations calling themselves the traditional medicines congress are proposing a regulatory model for herbs that if put into action will change the face of Amercian Herbalism. The deadline for public comment was originally extended until June 30, 2006 and has again been extended to October, 2006. It was originally extended after several of the elder women in the herbal movement including Rosemary Gladstar, Cascade Geller Anderson and Susun Weed; called for the March deadline to be extended. The original call for input was not widely publicized and there were only 70 comments made. It is imperative that those who care about herbal medicine and it's future make comment. 

The model can be read and comments (the comment period has again been extended into October) can be made at: 

http://www.traditionalmedicinescongress.com/

Update February 2007;  While the American Herbalists Guild has discontinued their involvement formally with the TMC, this group is still active and preparing legislation that would regulate the use of herbs to a very narrow scope. Even thought the official deadline for comment is closed please continue to share your thoughts with them on the website listed above. 

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It is not enough to comment to this body, who are very likely to proceed with their agenda and ignore comments. To get more information and get involved visit the link below:  

A group of herbalists and others concerned about this issue have recently formed Voices for Traditional Medicine: They have created an informative website and are organizing to stop the Traditional Medicines Congress TMC from continuing their efforts. You can learn more about these issues as well as what you can do by visiting: www.traditionalmedicines.info  

 

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A forum and letters that clarify concerns about this proposed model can be read at:

http://www.wisewomantradition.com/talkingstick/2006/02/2_no_to_all_lic.html

http://www.susunweed.com/weedforum/viewtopic.php?t=12115&postdays=0&postorder=asc&start=0

http://www.wisewomantradition.com/empoweringwomen/

Herbalist Michael Moore has posted his comments at the following link: www.swsbm.com/homepage/TMC.html

http://wisewomanhealingways.com/

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Greetings.

Let me start out by saying that in an ideal world I do not support legislating health care, yet as an herbalist I know that there are things happening legislatively that can impact my work. So I have decided to offer this page for those of you who would also like to stay aware of what is happening. My feeling is knowledge is power, if  we do not pay attention these things will happen and we will be stunned and surprised when and/if they arrive on our front step. If we know what is happening we can then choose to act or not. Read on and make your own choices. 

This page is in part inspired by a conversation I had with California herbalist, Adam Seller. Adam runs The Pacific School of Herbal Medicine in California, where in September of 2002 the state passed one of the most progressive Freedom of Health Care Acts in the Country. This bill was modeled after a bill that previously passed in Minnesota.

Adam shared with me what the California bill means to him as an herbalist which is protection to offer his skills as an herbalist without the worry of  being sued for practicing medicine without a license.  He further described that this offers freedom from this worry of indigenous healers who offer traditional healing modalities in their communities. In states where Freedom of Health Care Acts have not been passed practitioners without a license are subject to scrutiny and can easily be legally prosecuted for "practicing medicine without a license". This is important news for herbalists and other "alternative" health care providers across the country.

Few herbalists and others that I meet know much about the legal issues that could impact their choice to offer skills as an herbalist or pursue services from an herbalist in the current climate.

Currently there is not a standard for licensure for herbalists. I personally am not in favor of licensure as this would again eliminate public access to many amazing healers and practitioners. What most of the freedom of health care bills do are to provide consumers with information to make their own choices. Most of the passed and proposed bills require that the practitioner share his/her training with those seeking services and state whether or not he/she is a licensed practitioner. Consumers can make their own choices from there. 

By offering you this information I hope that you will have a foundation to stay aware of issues that concern you and that you consider putting energy in a direction that feels right for you.

Below is an excerpt (that seems most relevant to those of you in Washington State) from an article that can be viewed in it's entirely at http://www.edgenews.com/issues/2004/07/miller.html

For those of you in Wisconsin there is a citizen action group that has prepared a bill and is in the process of lobbying for legislative support. You can view the website and find out how to get involved http://www.wihfc.com/ 

Independent State Health Freedom Groups Take Action!
by Diane Miller and Jerri Johnson

The health freedom movement is growing logarithmically! A very impressive and successful arm of the movement is the effort to free up consumer access to the many kinds of healers and health care practitioners who offer complementary or alternative care. This is being accomplished by independent health freedom groups around the country that are creating new laws. These laws recognize and protect the fundamental rights of consumers to be in charge of their own health choices and bring practitioner rights back into the public domain.

Washington: HB2355 would exempt unlicensed practitioners from criminal charges of unlicensed practice of the licensed health professions in Washington if they practice within certain parameters and comply with certain disclosures. The bill is modeled in part on California's 2002 SB 577 and in part on new language. Latest word is that the committee chair did not put this bill on for hearing. Advocates are continuing to plan for the next session.
More details at: (541) 504-7562 or e-mail drkline@pacifichealthcenter.com
http://www.edgenews.com/issues/2004/07/miller.html

The status of Washington State HB2355 (HB stands for house bill) is that it died last year and the sponsor does not plan to resubmit it. It is likely another bill and another sponsor will appear at some time. I will update this information as i become aware of it or would welcome input from anyone else who knows the status.

Below are additional links that will be of interest to you if you would like to pursue this topic further!
 

National Health Freedom Coalition

California Health Freedom Coalition

Florida Health Freedom Initiative

Georgia Complementary and Alternative Medicine Association

Missouri Citizens Coalition for Freedom in Health Care

New Jersey Natural Health Coalition

New York Natural Health Project

Oklahoma Health Freedom Network

Association of American Physicians and Surgeons

Citizens' Council on Health Care

Coalition for Natural Health

Dental Amalgam Mercury Syndrome (DAMS)

Institute for Health Freedom

Minnesota Homeopathic Association

Monica Miller's Health Lobby

National Vaccine Information Center

Natural Health Village Town Hall

The other issue that is important for herbalists to keep an eye on is the status of the Dietery Supplement Health and Education Act (DSHEA)

Below is from the website of  The National Nutritional Foods Association, They have update to date information on current legislation impacting the Herbal as well as Natural food and supplement industry. You can view their website at  http://www.nnfa.org/aboutnnfa/ 

*my personal note is that while I choose to incorporate herbs into my life in whole form I am aware that if capsules and the like are highly regulated so will whole herbs. For example is it illegal in New Zealand for herbalists to utilize comfrey in their practice, and as an herbalist I wish to retain the right to utilize the proper herb for the right situation. So for the moment I support the maintenance of DSHEA as it stands.

We need your help to defend one of our most basic health freedoms! Congress is about to roll back your right to access safe, affordable and effective dietary supplements while claiming to protect your health.

In the last Congress, bills in both the House and Senate were introduced that would dramatically have changed the current law governing dietary supplements, the Dietary Supplement Health and Education Act (DSHEA). We fully expect that opponents of DSHEA will introduce legislation again during the 109th Congress that is every bit as onerous.

Keep the phrase “affordable supplements” from becoming obsolete. Although the safety record for dietary supplements far surpasses all drug products and many conventional foods, Congress still wants to impose standards that in some cases exceed those for over-the-counter and prescription drugs. This translates into higher costs for the consumer.

If it's not broken, it doesn't need to be fixed. The law governing supplements, the Dietary Supplement Health and Education Act, clearly gives the Food and Drug Administration all the authority it needs to police the marketplace and keep bad products from being sold. But because the Food and Drug Administration has failed to fully uphold the law, Congress is looking to make changes that will undermine your freedom of choice.

Don't let the government limit your freedom of choice. By questioning the safety of any dietary supplement that receives even one complaint, hundreds of products that have been safely and beneficially used could be removed from the marketplace. Under this new legislation, the FDA has complete discretion to make this determination, regardless of whether the product was used under conditions cautioned against by the manufacturer on the label. The result: fewer choices for consumers.

NNFA believes that DSHEA is a good law that strikes a balance between providing consumers with safe access to dietary supplements and protecting them from misleading or dangerous products. Please email your senators and representative and ask them not to tamper with this important law. The ability of the American pubic to make informed decisions about maintaining their own good health must not be undermined. Tell Congress not to dismantle DSHEA.

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A note about the American Herbalist Guild and the status of herbal licensure:

Again currently there is not licensure for the herbalists in the United States. One thing that is worth being aware of is that The American Herbalists Guild is currently in the process of creating an exam that they hope will set a standard of "excellence" for clinical herbalists. While the AHG states they do not support licensing of herbalists, most professional organizations that offer such exams are eventually approached by states in order to have their exam serve as a standard for state licensure.  I am concerned that the AGH by moving in the direction of creating an examination process may be moving closer to supporting a licensing process as well as a monoculture of herbal providers.  As a "professional" organization the AHG has testified in Washington DC and acts as a voice for herbalists, whatever your perspective on the actions of this organization it is worth knowing what they are doing and saying. And it is worth noting that the AHG is focused on trying to create herbalism as a distinct modality of medical practice in a climate that is licensure and credentialing oriented.  By offering you this information I hope that you will have a foundation to stay aware of issues that concern you and that you consider putting energy in a direction that feels right for you.

Here are Some Arguments Against the Standardization of Herbalists

By Stephen Harrod Buhner

http://www.gaianstudies.org/articles.htm

More on licensing herbalists by Susun Weed

http://www.susunweed.com/herbal_ezine/Weed_letter_October02.htm#article

I hope this information is useful to you on your journey!!

Blessings

Linda Conroy, Wise Woman Herbalist