To: IAHF List
Subject: Florida Health Freedom Bill Passed Into Law: 2 Articles - Tim Bolen's and Monica Miller's (Includes Bill Language): Info on Other States...
From: "International Advocates for Health Freedom" firstname.lastname@example.org
Date: Fri, 04 May 2001 10:50:18 -0400
IAHF List: While IAHF works mostly on International Health Freedom issues, fighting the EU and Codex Vitamin Wars, Tim Bolen, Monica Miller, Julie Hilton, Bob Napoli, Bill Faloon, and a host of other stalwarts just succeeded in passing a superb bill in the State of Florida allowing patients to have access to alternative treatments, and practitioners to deliver alternative healthcare without fear of reprisal by the State Medical Board. See two articles about this wonderful new law below my comments. The Articles are by Tim Bolen, and Monica Miller.
This new Florida health freedom law builds on similar laws that have passed in several other states, with complete details available on Monica Miller's Government Relations Website :http://www.healthlobby.com/statelaw.html IAHF salutes the people of Florida who worked so hard to make this happen, especially the Life Extension Foundation which will soon be opening a special medical clinic at their new Headquarters in Ft.Lauderdale. For LEF, this new law could not have been enacted at a better time! http://www.lef.org
IAHF notes that in Canada, Health Freedom bills patterned after these in the states have passed recently in Ontario and British Columbia, and we encourage the rest of the world to engage in similar campaigns. We hope this information will assist towards that objective. Where there is no vision..... the people perish. Here, people world wide will find plenty of solid leadership to consult and to pattern similar efforts after. Dr.Rath is correct: all we have to do to win this war against the Pharma Cartel is to keep spreading the good news around the world about the healing power of vitamins and other alternative treatment modalities, and to work like hell to pass laws like this while opposing the enemy vigilantly.
Please forward this to more people. Anyone can sign onto the IAHF list by sending email to IAHFemail@example.com or from the IAHF website at http://www.iahf.com from the listbot menu underneath my story. If you appreciate this information, please donate to IAHF POB 625 Floyd VA 24091 USA or with a debit or credit card on the IAHF website using Paypal. Thank you!
The following states have laws that protect patient access to alternative therapies from licensed physicians:
Alaska | Colorado | Georgia | Massachusetts | New York | North Carolina | Ohio | Oklahoma Oregon | Texas | Washington
The following states have regulations that protect patient access to alternative therapies from licensed physicians:
Nevada | Texas
The following states have laws that protect patient access to EDTA Chelation, specifically, from licensed physicians:
South Dakota | Louisiana
(Naturopathy is licensed in 11 states: Alaska Arizona Connecticut Hawaii Maine Montana New Hampshire Oregon Utah Vermont Washington)
From: "Tim & Jan Bolen"
To: "Millions of Health Freedom Fighters"
Subject: Quackpot menace BLOWN AWAY in Florida...
Date: Thu, 3 May 2001 23:13:57 -0700
Stephen Barrett, and his stumbling minions, have lost ANOTHER major battle...
It happened quickly, like a hurricane building off the coast. Before anyone realized it, a whole Stateful of people were contacting their legislators demanding action. And, action they got... The Florida Legislature acted. Apparently the people of Florida were UNIMPRESSED with the Time magazine article where Barrett declared himself "I am the media" - (I'm still laughing about that). They just plain ignored his bizarre claims about "leading-edge" alternative medicine and voted themselves their own brand new "Health Freedom Act."
Apparently Florida legislators were ALSO UNIMPRESSED with the demands of the President of the Florida Dental Association to "remove dentistry" from the health freedom bill. The President used the Phillips case as an example of why dentists need to be excluded. The "President" had testified against Phillips in the Florida case. Observers said his testimony sounded more like feeding time at the Miami Zoo duck pond, then the sage words of an industry professional.
Jan and I were able to help the Florida team, at the last minute, by leading them to some experts who were able to provide Florida Senate committee members with six inches of documents showing why dentists ABSOLUTELY needed to be included.
Apparently Floridians (including elected officals) don't want their leading-edge health professionals harassed by the Barretts of the world. The bill passed the Florida Senate by a vote of 35 to1. Then it passed the Florida House UNANIMOUSLY.
Congratulations to the hard-working Florida Team. You've done a good thing for Floridians. And a good thing for America.
JuriMed - Public Relations and Research Group
From Monica Miller's Website
S.1324 passes both houses after a barnstorm session of committee hearings and votes. H.1077 by Rep. Connie Mack and S.1324 by Senator Durell Peaden, M.D. were introduced on 3/9/01. Senator Charlie Clary is Co-Sponsoring (Both Senators Peaden and Clary serve on the Senate Health, Aging, and Long-Term Care Committee, and Senator Clary chaired the Committee for the past two years).
Kudos to Julie Hilton, a lawyer/mediator turned lobbyist in the crunch!!!! and to Florida Citizens for Health Freedom!!!!
The bills would authorize provision of and access to complementary or alternative health care treatments by alll health care licenses; require patients to be provided with certain information re such treatments; revise Fla. Patient's Bill of Rights & Responsibilities to include right to access any mode of treatment patient or patient's health care practitioner believes is in patient's best interests:
2001 Legislature SB 1324 An act relating to health care; creating s. 456.41, F.S.; authorizing provision of and access to complementary or alternative health care treatments; requiring patients to be provided with certain information regarding such treatments; requiring the keeping of certain records; providing effect on the practice acts; amending s. 381.026, F.S.; revising the Florida Patient's Bill of Rights and Responsibilities to include the right to access any mode of treatment the patient or the patient's health care practitioner believes is in the patient's best interests; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 456.41, Florida Statutes, is created to read: 456.41 Complementary or alternative health care treatments.--
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature that citizens be able to make informed choices for any type of health care they deem to be an effective option for treating human disease, pain, injury, deformity, or other physical or mental condition. It is the intent of the Legislature that citizens be able to choose from all health care options, including the prevailing or conventional treatment methods as well as other treatments designed to complement or substitute for the prevailing or conventional treatment methods. It is the intent of the Legislature that health care practitioners be able to offer complementary or3 alternative health care treatments with the same requirements, provisions, and liabilities as those associated with the prevailing or conventional treatment methods.
(2) DEFINITIONS.--As used in this section, the term:
(a) "Complementary or alternative health care treatment" means any treatment that is designed to provide patients with an effective option to the prevailing or conventional treatment methods associated with the services provided by a health care practitioner. Such a treatment may be provided in addition to or in place of other treatment options.
(b) "Health care practitioner" means any health care practitioner as defined in s. 456.001(4).
(3) COMMUNICATION OF TREATMENT ALTERNATIVES.--A health care practitioner who offers to provide a patient with a complementary or alternative health care treatment must inform the patient of the nature of the treatment and must explain the benefits and risks associated with the treatment to the extent necessary for the patient to make an informed and prudent decision regarding such treatment option. In compliance with this subsection:
(a) The health care practitioner must inform the patient of the practitioner's education, experience, and credentials in relation to the complementary or alternative health care treatment option.
(b) The health care practitioner may, in his or her discretion, communicate the information orally or in written form directly to the patient or to the patient's legal representative.
(c) The health care practitioner may, in his or her discretion and without restriction, recommend any mode of treatment that is, in his or her judgment, in the best interests of the patient, including complementary or alternative health care treatments, in accordance with the provisions of his or her license.
(4) RECORDS.--Every health care practitioner providing a patient with a complementary or alternative health care treatment must indicate in the patient's care record the method by which the requirements of subsection (3) were met.
(5) EFFECT.--This section does not modify or change the scope of practice of any licensees of the department, nor does it alter in any way the provisions of the individual practice acts for those licensees, which require licensees to practice within their respective standards of care and which prohibit fraud and exploitation of patients.
Section 2. Paragraph (d) of subsection (4) of section 381.026, Florida Statutes, is amended to read: 381.026 Florida Patient's Bill of Rights and Responsibilities.--
(4) RIGHTS OF PATIENTS.--Each health care facility or provider shall observe the following standards:
(d) Access to health care.--
1. A patient has the right to impartial access to medical treatment or accommodations, regardless of race, national origin, religion, physical handicap, or source of payment.
2. A patient has the right to treatment for any emergency medical condition
that will deteriorate from failure to provide such treatment.
3. A patient has the right to access any mode of treatment that is, in his or her own judgment and the judgmentof his or her health care practitioner, in the best interests of the patient, including complementary or alternative health care treatments, in accordance with the provisions of s. 456.41.
Section 3. This act shall take effect upon becoming a law.
Citizens for Health Freedom is a Florida based organization of patients and practitioners supporting patients' rights to have access to responsible medical alternatives from licensed health care professionals.
Bob Napoli, Executive Director
Citizens for Health Freedom