Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law...

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Diane Miller JD Copyright 2011

Transcript of Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law...

Page 1: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Diane Miller JD Copyright 2011

Page 2: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Top Health Freedom Top Health Freedom State IssuesState Issues

20112011

Diane Miller JD, Director Law and Public PolicyDiane Miller JD, Director Law and Public PolicyNational Health Freedom CoalitionNational Health Freedom Coalition

www.nationalhealthfreedom.orgwww.nationalhealthfreedom.org

Diane Miller JD Copyright 2011

Page 3: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Law = WordsLaw = Words The Deciding The Deciding

Voice ofVoice of Freedom Freedom in the United Statesin the United States

Diane Miller JD Copyright 2011

Page 4: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

StateState

FederalFederal

InternationalInternational

Diane Miller JD Copyright 2011

Page 5: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

State ActivismState Activism““harnessing police powerharnessing police power””

Local LevelLocal Level

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PRACTITIONERS PRACTITIONERS GETTING SHUT DOWN GETTING SHUT DOWN

under STATE LAWSunder STATE LAWS

For “practicing medicine without a license”

A CRIME!!!

Diane Miller JD Copyright 2011

Page 7: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

PRACTICE OF MEDICINEPRACTICE OF MEDICINEDefinedDefined

MICHIGAN MICHIGAN

“"Practice of medicine" means the diagnosis, treatment, prevention, cure, or relieving of a human disease, ailment, defect, complaint, or other physical or mental condition, by attendance, advice, device, diagnostic test, or other means, or offering, undertaking, attempting to do, or holding oneself out as able to do, any of these acts.”Diane Miller JD Copyright 2011

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PRACTICE OF MEDICINEPRACTICE OF MEDICINEDefinedDefined

WASHINGTON WASHINGTON

“…(1)  Offers or undertakes to diagnose, cure, advise, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginaryreal or imaginary, by any means or instrumentality;…”

RCW 18.71.011

Diane Miller JD Copyright 2011

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WASHINGTON LAW WASHINGTON LAW INVESTIGATIONS 07-08INVESTIGATIONS 07-08

Homeopath

Electrodermal screeners

Nutritional consultant

Colon hydrotherapist

Owner of homeopathic remedy Co.Diane Miller JD Copyright 2011

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Kansas Healing ArtsKansas Healing ArtsNot a Natural RightNot a Natural Right

65-2801Chapter 65.--PUBLIC HEALTH Article 28.--HEALING ARTS       65-2801.   Purpose. Recognizing that the practice of the healing arts Recognizing that the practice of the healing arts is a privilege granted by legislative authority and is not a natural right is a privilege granted by legislative authority and is not a natural right of individuals,of individuals, it is deemed necessary as a matter of policy in the interests of public health, safety and welfare, to provide laws and provisions covering the granting of that privilege and its subsequent use, control and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized and unqualified practice of the healing arts and from unprofessional conduct by persons licensed to practice under this act.       History:   L. 1957, ch. 343, § 1; July 1.

Diane Miller JD Copyright 2011

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PRACTICE OF MASSAGEPRACTICE OF MASSAGETEXASTEXAS

“…(c) A person may notmay not for compensation perform or offer to perform any service with a purported any service with a purported health benefit that involves physical contacthealth benefit that involves physical contact witha client unless the person: (1) holds an appropriate license issued under this chapter; or (2) is licensed or authorized under other law to perform the service. …”

Texas HB2466

Diane Miller JD Copyright 2011

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DOCTORS LOSING THEIR DOCTORS LOSING THEIR LICENSESLICENSES

Practicing outside of prevailing medical Practicing outside of prevailing medical practicepractice

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Grounds for Disciplinary ActionGrounds for Disciplinary Action

Medical Doctors MinnesotaMedical Doctors Minnesota“…“…. Unprofessional conduct shall include any . Unprofessional conduct shall include any

departure from or the failure to conform to departure from or the failure to conform to the minimal standards of acceptable and the minimal standards of acceptable and prevailing medical practice in which prevailing medical practice in which proceeding actual injury to a patient need proceeding actual injury to a patient need not be established…”not be established…”

Minnesota Statute 147.091Minnesota Statute 147.091

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Parents Forced to Agree to Parents Forced to Agree to Chemotherapy for their ChildrenChemotherapy for their Children

“…(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except……”

Minnesota Statute Sec. 260C.007 Subd. 6 (5) 2009

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Minnesota Forces Child to receive Minnesota Forces Child to receive ChemotherapyChemotherapy

State v. Danny HauserState v. Danny Hauser

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Minnesota Minnesota Child Protection LawsChild Protection Laws

“…except thatexcept that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an

infant when, in the treating physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;(ii) the provision of the treatment would merely prolong dying, not be

effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival

of the infant; or(iii) the provision of the treatment would be virtually futile in terms of

the survival of the infant and the treatment itself under the circumstances would be inhumane; ...”

Minnesota Statute Sec. 260C.007 Subd. 6 (5) 2009

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RAW MILK DRINKERSRAW MILK DRINKERSDEMAND ACCESS!DEMAND ACCESS!

States mandate pasteurization of milk.Some states have rigid requirements for farmers for retail sales of raw milk.

Minnesota and Missouri raw milk sales on farm are legal

Minnesota Food Freedom Project demanding the ability of farmers to deliver the raw milk to consumers under direct farm to consumer

contracts.

SF147 and HF255

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Good News !!Good News !!

Health Freedom Victories!Health Freedom Victories!

Diane Miller JD Copyright 2011

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STATE SAFE HARBOR STATE SAFE HARBOR EXEMPTION LAWSEXEMPTION LAWS

Nurses MinnesotaNurses Minnesota

New Laws forNew Laws for

Traditional and unlicensed Traditional and unlicensed practitionerspractitioners

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MN 146A Complementary and Alternative MN 146A Complementary and Alternative Practices Practices include but are not limited toinclude but are not limited to:

(1) acupressure; (2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5)

cranial sacral therapy; (6) culturally traditional healing practices; (7)

detoxification practices and therapies; (8) energetic healing; (9)polarity

therapy; (10) folk practices; (11) healing practices utilizing food, food

supplements, nutrients, and the physical forces of heat, cold, water, touch,

and light; (12) Gerson therapy and colostrum therapy; (13) healing touch;

(14) herbology or herbalism; (15) homeopathy; (16) nondiagnostic iridology;

(17) body work, massage, and massage therapy; (18) meditation; (19) mind-

body healing practices; (20) naturopathy; (21) noninvasive instrumentalities;

and (22) traditional Oriental practices, such as Qi Gong energy healing.

Diane Miller JD Copyright 2011

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Rhode Island ExemptionsRhode Island Exemptions

   “….(d) … persons in Rhode Island are authorized

to practice as unlicensed health care practitioners and receive remuneration for their services....”

Rhode Island 23-74-1

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California New Law California New Law Passed SB 577 in 2002Passed SB 577 in 2002

“…complementary and alternative services do not pose a known risk to the health and safety of California residents,and that restricting access to those services restricting access to those services due to technical violations of the due to technical violations of the Medical Practice Act is not Medical Practice Act is not warranted.warranted. …”

Diane Miller JD Copyright 2011

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Louisiana Health Freedom CoalitionLouisiana Health Freedom Coalition

Exempt from violations:Exempt from violations:

F. A person providing information or recommendations for a fee who is acting under and in compliance with this Section shall not be in violation of 30R.S. 37:127 shall not be in violation of 30R.S. 37:127 for providing information or making for providing information or making recommendations regarding food, dietary recommendations regarding food, dietary supplements, or homeopathic remedies.supplements, or homeopathic remedies.

Underline addedUnderline addedSenate Bill No. 189, Act No. 334, 2005Senate Bill No. 189, Act No. 334, 2005

Diane Miller JD Copyright 2011

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Arizona Homeopathy 2008Arizona Homeopathy 2008

This Chapter does not prevent:

10. The practice of providing treatment of the spiritual vital force in accordance with Hahnemanian principles through the use of remedies that are diluted beyond the concentration of substances in drinking water and prepared in the manner described in the Homeopathic Pharmacopoeia Of The United States.

Arizona SB1236 Chapter 57 2008

Diane Miller JD Copyright 2011

Page 25: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

State of DELAWAREState of DELAWARE

"(d) An herbalist, retailer or other person who does not hold himself out to be a dietitian or nutritionist by using one or more of the titles restricted by this chapter, who makes recommendations regarding lifestyle, or who markets, distributes, sells, or who recommends, advises, or furnishes non-fraudulent information about, herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, foods, other food supplements, or dietary supplements. For purposes of this paragraph, fraud shall be defined as an intentional misrepresentation for financial gain. Legitimate disagreement about the role of the above listed nutrients and foods as they apply to human nutrition shall not, in and of itself, constitute fraud.“

Delaware Freedom Amendment HB 38 2007Diane Miller JD Copyright

2011

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Minnesota Safe Harbor 146A Minnesota Safe Harbor 146A exempted out of exempted out of

naturopathic doctor lawnaturopathic doctor law Nothing in this chapter may be construed to prohibit or to

restrict:

     (1)…

(2) the provision of the complementary (2) the provision of the complementary

and and alternative healing methods and alternative healing methods and

treatments, treatments, including naturopathy, as described including naturopathy, as described

in in chapter 146Achapter 146A;;

MNHB1724 5th Engrossment as signed by Gov May2008Diane Miller JD Copyright 2011

Page 27: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

2008 Minnesota2008 MinnesotaNaturopathic MedicineNaturopathic Medicine

 Sec. 2. [147E.05147E.05] SCOPE OF PRACTICE.

Subdivision 1. Practice parameters. (a) The practice of naturopathic medicine includes, but is not limited to, the following services:

(1) ordering, administering, prescribing, or dispensing for preventive and therapeutic purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids,enzymes, botanicals and their extracts, botanical medicines, herbal remedies, homeopathic medicines, dietary supplements and nonprescription drugs as defined by the federal Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling, hypnotherapy, biofeedback, dietary therapy, electrotherapy, galvanic therapy, oxygen, therapeutic devices, barrier devices for contraception, and minor office procedures, including obtaining specimens to assess and treat disease;

(2) performing or ordering physical examinations and physiological function tests;

(3) ordering clinical laboratory tests and performing waived tests as defined by the United States Food and Drug Administration Clinical Laboratory Improvement Amendments of 1988 (CLIA);

(4) referring a patient for diagnostic imaging including x-ray, CT scan, MRI, ultrasound, mammogram, and bone densitometry to an appropriately licensed health care professional to conduct the test and interpret the results;

(5) prescribing nonprescription medications and therapeutic devices or ordering noninvasive diagnostic procedures commonly used by physicians in general practice; and

(6) prescribing or performing naturopathic physical medicine.

(b) A registered naturopathic doctor may admit patients to a hospital if the naturopathic doctor meets the hospital's governing body requirements regarding credentialing and privileging process.

MNHB1724 5th Engrossment as signed by Gov May2008 Diane Miller JD Copyright 2011

Page 28: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

2010 Safe Harbor 2010 Safe Harbor Health Freedom States!Health Freedom States!

OklahomaOklahomaIdahoIdaho

MinnesotaMinnesotaRhode IslandRhode Island

CaliforniaCaliforniaLouisianaLouisiana

Arizona Arizona (limited)(limited)

New Mexico!!New Mexico!!

Diane Miller JD Copyright 2011

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States that have introduced health States that have introduced health freedom bills 2004-2010!freedom bills 2004-2010!

Arkansas Arkansas Colorado Colorado Florida Florida Georgia Georgia Hawaii Hawaii Iowa Iowa KentuckyKentucky MaineMaineMarylandMaryland MassachusettsMassachusettsMichiganMichiganMontanaMontana NevadaNevadaNew York New York North Carolina North Carolina Ohio Ohio OklahomaOklahomaTexasTexas Utah Utah VirginiaVirginia WashingtonWashington

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States that are preparing!States that are preparing!

ConnecticutConnecticut DelawareDelaware

KansasKansas VermontVermont

WisconsinWisconsin

Diane Miller JD Copyright 2011

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WAWA

NVNV

NENE

MSMS

WIWI

MOMO

WYWY

ININ

NDND MNMN MIMI

OROR

COCO

ARAR

HIHI

SCSC

TNTN

NYNY

OHOHPAPA

WVWV

VTVT

CTCT

NJNJ

MEME

MAMA

CACA

LALA

KYKY

GAGA

TXTX

KSKS

OKOK

VAVA

ALAL

NCNC

AKAKFLFL

DDEE

MDMD

ILIL

MTMT

IDID

SDSD

IAIA

UTUT

NMNM

NNHH

RIRI

AZAZ

homeopathy

DDCC

   

Diane Miller JD Copyright 2011

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HOT SPOT STATES 2011   

OHOH

WIWI

MIMI

NVNVIAIA

NCNC

COCO

VAVA

TXTX

AZAZ

homeopathy

Diane Miller JD Copyright 2011

Page 33: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

   

HOT SPOT STATES 2011

Support• Michigan Safe Harbor• Texas HB 1716 Safe Harbor• Ohio HF 442 Safe Harbor• Wisconsin Safe HarborOppose• Arizona SB 1175 Homeopathic Doctor Licensure• Nevada HB 289 Dietitian License• Colorado HB 1173 NP defeated Feb 2011• Iowa SB 1066 NP Licensing• Virginia NP Licensing defeated Feb 2011• North Carolina S 31Felony for practice of medicine

Diane Miller JD Copyright 2011

Page 34: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Diane Miller JD Copyright 2011

Page 35: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

STATE EXPANDED CARE LAWSSTATE EXPANDED CARE LAWS

Nurses MinnesotaNurses Minnesota

New Laws for licensed New Laws for licensed occupations.occupations.

Page 36: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Washington Washington Title 18 Business and ProfessionsTitle 18 Business and Professions

Chapter 130Chapter 130

RCW 18.130.180 Unprofessional conduct.RCW 18.130.180 Unprofessional conduct.

“… “… (4) Incompetence, negligence, or malpractice which results (4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a risk that a patient may be harmed. The use of a nontraditional treatmentnontraditional treatment by itself shall not constitute by itself shall not constitute unprofessional conduct, provided that it does not result in unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a injury to a patient or create an unreasonable risk that a patient may be harmed;…”patient may be harmed;…”

(Bold and color added)(Bold and color added)

Page 37: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

New York Article 131New York Article 131Non-conventional MedicineNon-conventional Medicine

““S 6527. Special provisionsS 6527. Special provisionsThis article shall not be construed to This article shall not be construed to affect or prevent the following:affect or prevent the following:……

e. The physician`s use ofe. The physician`s use of whatever medical whatever medical care, conventional or non-conventional, care, conventional or non-conventional, which effectively treatswhich effectively treats human disease, human disease, pain, injury,deformity or physical pain, injury,deformity or physical condition.condition.” ” (bold red added)(bold red added)

Page 38: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

““36-4-29.   ….the board36-4-29.   ….the board may not may not base a finding of unprofessional or base a finding of unprofessional or dishonorable conduct solely on the dishonorable conduct solely on the basis that a licensee practicesbasis that a licensee practices chelation therapy.”chelation therapy.” (red added)(red added)

South Dakota 36-4-29. South Dakota 36-4-29. Grounds for disciplineGrounds for discipline

Page 39: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Colorado 12-36-117 Colorado 12-36-117 Alternative MedicineAlternative Medicine

““(3) (a) For purposes of this section, (3) (a) For purposes of this section, "alternative medicine""alternative medicine" means those health care methods of diagnosis, treatment, or means those health care methods of diagnosis, treatment, or healing that are healing that are not generally used but that provide a not generally used but that provide a reasonable potential for therapeutic gain in a patient's reasonable potential for therapeutic gain in a patient's medical condition that is not outweighed by the riskmedical condition that is not outweighed by the risk of such of such methods. A licensee who practices alternative medicine shall methods. A licensee who practices alternative medicine shall inform each patient in writing, during the initial patient inform each patient in writing, during the initial patient contact, of such licensee's education, experience, and contact, of such licensee's education, experience, and credentials related to the alternative medicine practiced by credentials related to the alternative medicine practiced by such licensee. The board shall not take disciplinary action such licensee. The board shall not take disciplinary action against a licensee solely on the grounds that such licensee against a licensee solely on the grounds that such licensee practices alternative medicine. “practices alternative medicine. “

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Minnesota Introducing Minnesota Introducing

Expanded Care ModelExpanded Care Model Basic PrinciplesBasic Principles

- Do not pose a greater risk- Do not pose a greater risk- Reasonable skill and safety- Reasonable skill and safety- Expanded Disclosures- Expanded Disclosures

“EXPANDED CARE PRACTICES”Introduced in Minnesota HB 3213 (2006)

Page 41: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Federal ActivismFederal Activism““harnessing regulatorsharnessing regulators””

Federal commerceFederal commerce

Page 42: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

FDAFDADefinition of DrugDefinition of Drug

The term “drug” means(A) articles recognized in the official United States Pharmacopoeia,

official Homeopathic Pharmacopoeia of the United States, or official national Formulary, or any supplement to any of them; and

(B) articles intended for use in the diagnosis, cure, mitigation, treatment,or prevention of disease in man or other animals; and

(C ) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and

(D) articles intended for use as a a component of any article specified in Clauses (A), (B) or (C ) of this paragraph. A food or dietary supplement for which a claim ….”.

21 U.S.C. 321(g)1

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Herbs in the U.S.Herbs in the U.S.

Herbs are Dietary Supplements - FoodsHerbs are Dietary Supplements - Foods

ANDAND

Generally Regarded as Safe (GRAS)Generally Regarded as Safe (GRAS)

Unless proven otherwiseUnless proven otherwise

Diane Miller JD Copyright 2011

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Herbs in the U.S.Herbs in the U.S.

Regulate in the Least restrictive meansRegulate in the Least restrictive means

Presumption of SafetyPresumption of Safety

Protect consumer accessProtect consumer access

Diane Miller JD Copyright 2011

Page 45: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Lower Court Ephedra Case Lower Court Ephedra Case FDA lostFDA lost

   United States District Court for the District of UtahUnited States District Court for the District of Utah

April 13, 2005April 13, 2005

Nuetracutical Corporation and Soloray IncNuetracutical Corporation and Soloray Inc. v. . v.

Lester Crawford FDALester Crawford FDA

Holding: Holding: The FDA, by failing to prove by a preponderance of the evidence that a dosage of 10 mg or less of ephedrine-alkaloids present a significant or unreasonable risk of illness or injury, has failed to give effect to the dose specific language of 21 U.S.C. Section 342 (f)(1)(A)(i).

Diane Miller JD Copyright 2011

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Appeals Court Ephedra Appeals Court Ephedra FDA wonFDA won

   United States Court of Appeals, Tenth CircuitUnited States Court of Appeals, Tenth Circuit

August 17, 2006August 17, 2006

Nuetracutical Corporation and Soloray IncNuetracutical Corporation and Soloray Inc. v. . v.

Lester Crawford FDALester Crawford FDA

Holding: Holding: The FDA correctly followed the congressional directive to analyze the risks and benefits of EDS (ephedrine-alkaloid dietary supplements) in determining that there is no dosage level of EDS acceptable for the market.

Diane Miller JD Copyright 2011

Page 47: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Pyridoxamine Vitamin B6Pyridoxamine Vitamin B6FDA wonFDA won

   Dietary Supplement v. DrugDietary Supplement v. Drug

There is no verifiable, contemporaneous evidence There is no verifiable, contemporaneous evidence documenting that pyridoxamine dihydrochloride or any documenting that pyridoxamine dihydrochloride or any other compound containing pyridoxamine as its active other compound containing pyridoxamine as its active moiety was marketed as a dietary supplement or as a moiety was marketed as a dietary supplement or as a

food prior to pyridoxamine's authorization for food prior to pyridoxamine's authorization for investigation as a new drug under an IND. Accordingly, investigation as a new drug under an IND. Accordingly,

a product containing pyridoxamine is not a dietary a product containing pyridoxamine is not a dietary supplement as defined in 21 U.S.C. 321(fl) and may not supplement as defined in 21 U.S.C. 321(fl) and may not

be marketed as such.be marketed as such.

Diane Miller JD Copyright 2011

Page 48: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

CanadaCanadaStrauss Herb’s Yohimbe Bark Strauss Herb’s Yohimbe Bark

and Yohimbineand Yohimbine

   

C.01.041(1.1) “…no person shall sell a substance C.01.041(1.1) “…no person shall sell a substance containing containing a Schedule F Drug unless:a Schedule F Drug unless:

(a) The sale is made pursuant to a verbal or written (a) The sale is made pursuant to a verbal or written prescription received by the seller…”prescription received by the seller…”

Diane Miller JD Copyright 2011

Page 49: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

CanadaCanadaplants “containing” prescription drugsplants “containing” prescription drugs

   ““Green tea; black tea; ocoa; gotu kola; garlic; several Green tea; black tea; ocoa; gotu kola; garlic; several

oils; chocolate; coffee; celery; lettuce; bananas; oils; chocolate; coffee; celery; lettuce; bananas; oranges; lemons; wheat; oats; peas; soybeans; corn; oranges; lemons; wheat; oats; peas; soybeans; corn;

carrots…”carrots…”

Diane Miller JD Copyright 2011

Page 50: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Congressmen Paul and BurtonCongressmen Paul and BurtonFree SpeechFree Speech

H.R. 3395 FDAH.R. 3395 FDAH.R. 3394 FTCH.R. 3394 FTC

PROTECTS THE RIGHTPROTECTS THE RIGHTTO TELL THE TRUTH ABOUT NUTRIENTSTO TELL THE TRUTH ABOUT NUTRIENTS

Emord and AssociatesEmord and AssociatesDiane Miller JD Copyright 2011

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H.R. 3395H.R. 3395

You could describe a nutrient as You could describe a nutrient as mitigating, treating, or preventing any mitigating, treating, or preventing any disease, disease symptom, or health-disease, disease symptom, or health-related conditionrelated condition

If true and not mis-leadingIf true and not mis-leading

Diane Miller JD Copyright 2011

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20102010 S 510 Food Safety billS 510 Food Safety bill

PASSEDPASSED The Tester-Hagan amendment exempts

producers who gross under $500,000 and who sell more than half of their products to:    a) consumers (with no restriction on location)   b)  restaurants or retailers who are EITHER in-state or within 400 miles. 

Diane Miller JD Copyright 2011

Page 53: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

20102010 H.R. 4913H.R. 4913Congressman ChappetzCongressman Chappetz

INADEQUATE SOLUTIONINADEQUATE SOLUTION

Begging for Free SpeechBegging for Free Speech

““Legitimate scientific research”Legitimate scientific research”

Instead of Instead of

Truthful and not misleadingTruthful and not misleading

Diane Miller JD Copyright 2011

Page 54: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

International ActivismInternational Activism““impacting global powers”impacting global powers”

Page 55: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

EUEULoss of ProductsLoss of Products

EU Traditional Herbal Medicines DirectiveEU Traditional Herbal Medicines Directive

Licensing prohibitively expensiveLicensing prohibitively expensive

Banned if not in use for 30 years in EUBanned if not in use for 30 years in EU

Restrictions to registered herbalistsRestrictions to registered herbalists

Fewer herbs available to practitionersFewer herbs available to practitionersDiane Miller JD Copyright 2011

Page 56: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

EUEULoss of ProductsLoss of Products

European Union Food Supplements Directive European Union Food Supplements Directive

Burden of proof misplacedBurden of proof misplaced

““Positive List” Positive List” This essentially puts the burden of proof on the This essentially puts the burden of proof on the

manufacturers to prove the safety of age-old nutrients manufacturers to prove the safety of age-old nutrients before they are allowed to go to market. This is different before they are allowed to go to market. This is different than the U.S’s approach to dietary supplements where the than the U.S’s approach to dietary supplements where the burden of proof of harm is on the government before a burden of proof of harm is on the government before a food product can be blocked from the marketplacefood product can be blocked from the marketplace

Diane Miller JD Copyright 2011

Page 57: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Canada Canada Loss of Small BusinessesLoss of Small Businesses

CanadaCanada

Natural Therapeutic ProductsNatural Therapeutic Products

New category in addition to foodNew category in addition to food

Loss of products off the marketLoss of products off the marketDiane Miller JD Copyright 2011

Page 58: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

New Zealand New Zealand Protected SovereigntyProtected Sovereignty

Australia looked to harmonize Australia looked to harmonize

with New Zealand and more countries in the with New Zealand and more countries in the futurefuture

New Zealand resisted and WON!!!!!New Zealand resisted and WON!!!!!

Diane Miller JD Copyright 2011

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New Zealand New Zealand Protecting SovereigntyProtecting Sovereignty

Australia ANZTPA model predicted over Australia ANZTPA model predicted over 40% of the current products on the NZ 40% of the current products on the NZ

market would disappear.market would disappear.

Submission 4 page NZ TrustSubmission 4 page NZ Trust

Diane Miller JD Copyright 2011

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New Zealand New Zealand Protecting SovereigntyProtecting Sovereignty

New Zealand TrustNew Zealand Trustandand

New HealthNew Health

Health Freedom Organizations working to Health Freedom Organizations working to protect the people of New Zealand health protect the people of New Zealand health

care optionscare optionsDiane Miller JD Copyright 2011

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CODEXCODEX

Diane Miller JD Copyright 2011

Page 62: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

WHO is representing WHO is representing YOU?YOU?

We need to We need to be at the table long termbe at the table long term if we if we plan to make a difference and protect plan to make a difference and protect health freedom.health freedom.

Diane Miller JD Copyright 2011

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WorldWorld Health Freedom AssemblyHealth Freedom Assembly

Diane Miller JD Copyright 2011

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WorldWorld Health Freedom AssemblyHealth Freedom Assembly

Diane Miller JD Copyright 2011

Page 65: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Assembly - FoundersAssembly - Founders

Friends of Freedom International Friends of Freedom International Peter HelagsonPeter Helagson CanadaCanada Live Longer Educational Foundation Live Longer Educational Foundation Trueman TuckTrueman Tuck Canada Canada Kommittén för Alternativ Medicin Kommittén för Alternativ Medicin Birgitta HolmnerBirgitta Holmner SwedenSwedenCitizens for HealthCitizens for Health Jim TurnerJim Turner USAUSAHealthkeepers Alliance Healthkeepers Alliance Wendell WhitmanWendell Whitman USAUSANational Health Freedom Action National Health Freedom Action Clinton MillerClinton Miller USAUSASunshine Health Freedom FoundationSunshine Health Freedom Foundation Joan VandergriffJoan Vandergriff USAUSANative AmericansNative Americans Mark RavenhairMark Ravenhair USAUSAAlliance for Health Freedom Australia Alliance for Health Freedom Australia Michael Bending Michael Bending AustraliaAustraliaSalud Natural A.G.Salud Natural A.G. Ronald ModraRonald Modra ChileChileNew HealthNew Health David SloanDavid Sloan NZNZNew Zealand Health TrustNew Zealand Health Trust David SloanDavid Sloan NZNZNational Health Freedom CoalitionNational Health Freedom Coalition Diane MillerDiane Miller USAUSA

Diane Miller JD Copyright 2011

Page 66: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

International DeclarationInternational Declarationof Health Freedomof Health Freedom

Passed by World Health Freedom Assembly Passed by World Health Freedom Assembly

and Advisory Organizationsand Advisory Organizations

September 30, 2006September 30, 2006

Additional Courier Signatures Additional Courier Signatures

Diane Miller JD Copyright 2011

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United StatesUnited States Health Freedom AssemblyHealth Freedom Assembly

Diane Miller JD Copyright 2011

Page 68: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Need LeadersNeed Leaders

Who understands health freedom?

Who wants health freedom?

Who teaches health freedom?

Who lives health freedom?

Diane Miller JD Copyright 2011

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Build Health Freedom Build Health Freedom RelationshipsRelationships

Brick by BrickBrick by Brick

Diane Miller JD Copyright 2011

Page 70: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

PrinciplesPrinciples of of

Health FreedomHealth Freedom

Diane Miller JD Copyright 2011

Page 71: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Principle #1.Principle #1.The fundamental right of self-The fundamental right of self-

determination of individuals, to be let determination of individuals, to be let alone to survive on their own terms alone to survive on their own terms

and in their own manner.and in their own manner.

Diane Miller JD Copyright 2011

Page 72: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Principle #2.Principle #2.The freedom to perceive and to act The freedom to perceive and to act as one wishes to secure health and as one wishes to secure health and

survival.survival.

-Speak freely

-Move about and associate freely

-Perceive, believe, meditate, and pray freely

- Practice the healing arts

Diane Miller JD Copyright 2011

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Principle #3Principle #3The freedom to access who and what The freedom to access who and what one needs or prefers for ones health one needs or prefers for ones health

and survivaland survival

Diane Miller JD Copyright 2011

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Principle #4Principle #4The responsibility to do no harmThe responsibility to do no harm

Diane Miller JD Copyright 2011

Page 75: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Principle #5Principle #5The responsibility to respectfully The responsibility to respectfully tolerate diverse options in health, tolerate diverse options in health,

healing, and survival choices.healing, and survival choices.

Diane Miller JD Copyright 2011

Page 76: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Principle #6Principle #6The duty of corporations and institutions to be The duty of corporations and institutions to be trustworthy entities upholding health freedom trustworthy entities upholding health freedom rights and liberties of members of the human rights and liberties of members of the human

family, and abiding by health freedom family, and abiding by health freedom responsibilities.responsibilities.

Diane Miller JD Copyright 2011

Page 77: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Principle #6BPrinciple #6BAnd in light of the special legal nature of And in light of the special legal nature of

corporate entities and their systemic corporate entities and their systemic impact on the human family, the duty to:impact on the human family, the duty to:

Diane Miller JD Copyright 2011

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#6B -1#6B -1--honor and preserve the sovereign nature honor and preserve the sovereign nature

of individuals, the sovereignty of the of individuals, the sovereignty of the United States; and avoid any negative United States; and avoid any negative

impact on the sovereignty of other nation impact on the sovereignty of other nation states;states;

Diane Miller JD Copyright 2011

Page 79: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

#6B-2#6B-2-honor and preserve American financial -honor and preserve American financial and cultural diversity and multicultural and cultural diversity and multicultural systems, and avoid negative financial or systems, and avoid negative financial or cultural impacts on other nation states;cultural impacts on other nation states;

Diane Miller JD Copyright 2011

Page 80: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

#6B-3#6B-3-avoid creating or being monopolies, and -avoid creating or being monopolies, and

avoid the use of large monopolistic avoid the use of large monopolistic ownership of resources to dominate ownership of resources to dominate

cultures, public policies, regulations and cultures, public policies, regulations and laws;laws;

Diane Miller JD Copyright 2011

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#6B-4#6B-4-avoid dominant control of natural -avoid dominant control of natural

resources, avoid the suppression of access resources, avoid the suppression of access to natural resources, and avoid potentially to natural resources, and avoid potentially

harmful modification or destruction of harmful modification or destruction of natural resources; andnatural resources; and

Diane Miller JD Copyright 2011

Page 82: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

#6B-5#6B-5-avoid promotion of products, protocols, policies, -avoid promotion of products, protocols, policies,

regulations, or laws, that would encourage unlimited regulations, or laws, that would encourage unlimited dependence on corporations and institutions, or that dependence on corporations and institutions, or that would discourage, prohibit, or otherwise negatively would discourage, prohibit, or otherwise negatively

impact the ability or will of humans and local human impact the ability or will of humans and local human communities to survive and prosper without the communities to survive and prosper without the

corporation of institution.corporation of institution.

Diane Miller JD Copyright 2011

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Principle #7Principle #7The duty of the government to protect The duty of the government to protect health freedom and to make no law or health freedom and to make no law or

public policy abridging health freedom or public policy abridging health freedom or its fundamental principles.its fundamental principles.

Diane Miller JD Copyright 2011

Page 84: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

BE AN AGENT OF BE AN AGENT OF CHANGECHANGE

Laws and customs must be Laws and customs must be carefully reviewed, revised, and even carefully reviewed, revised, and even repealed if necessary, and new laws repealed if necessary, and new laws created, to reflect the development, created, to reflect the development,

evolution, and spiritual maturization of a evolution, and spiritual maturization of a people.people.

-Diane Miller

Diane Miller JD Copyright 2011

Page 85: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Action StepsAction Steps TO PROTECT TO PROTECT FREEDOMFREEDOM

Sign UpSign Up with a freedom group

Act or VolunteerAct or Volunteer to make freedom to make freedom happen in your state and countryhappen in your state and country

DonateDonate to health freedom workers to health freedom workers

Diane Miller JD Copyright 2011

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NATIONAL HEALTH FREEDOM NATIONAL HEALTH FREEDOM COALITIONCOALITION

A 501(c) 3 Educational Nonprofit OrganizationA 501(c) 3 Educational Nonprofit Organization

NATIONAL HEALTH FREEDOM NATIONAL HEALTH FREEDOM ACTIONACTION

A 501 (c ) 4 Lobbying OrganizationA 501 (c ) 4 Lobbying OrganizationDiane Miller JDDiane Miller JD

Director of Law and Public PolicyDirector of Law and Public PolicyPMB 218, 2136 Ford Parkway PMB 218, 2136 Ford Parkway

St. Paul, MN 55116-1863St. Paul, MN 55116-1863www.nationalhealthfreedom.org

E-mail: E-mail: [email protected]

Diane Miller JD Copyright 2011

Page 87: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Freedom to HealFreedom to Heal

Diane Miller JD Copyright 2011

Page 88: Diane Miller JD Copyright 2011. Top Health Freedom State Issues 2011 Diane Miller JD, Director Law and Public Policy National Health Freedom Coalition.

Freedom:

A

Sacred

Attitude

Towards

The

Experience

Of Life

Diane Miller

Diane Miller JD Copyright 2011