Health Freedom
Posted by: Hope ()
Date: November 02, 2002 05:29AM

This is an except of the Health Freedom Act that was passed in California on 9/23/02. A similar bill will be introduced in NJ hopefully within the next few months.

Hopefully for Californians, this will keep quacks from setting up shop in their state if there is the risk they can be held accountable for their therapies. Having practitioners define in writing how they treat mind-body issues is key in a successful client-professional relationship.

I doubt the naturopath I went to would have told clients he uses Landmark Education technology as therapy, but he would have been required to put all the information listed below IN WRITING.
[] lists the states that have similar bills pending.

SECTION 3. Section 2053.6 is added to the Business and Professions Code, to read:

2053.6. (a) A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051, 2052, or 2053 shall, prior to providing those services, do the following:

(1) Disclose to the client in a written statement using plain language the following information:

A) That he or she is not a licensed physician.

(B) That the treatment is alternative or complementary to healing arts services licensed by the state.

(C) That the services to be provided are not licensed by the state.

(D) The nature of the services to be provided.

(E) The theory of treatment upon which the services are based.

(F) His or her educational, training, experience, and other qualifications regarding the services to be provided.

(2) Obtain a written acknowledgement from the client stating that he or she has been provided with the information described in paragraph (1). The client shall be provided with a copy of the written acknowledgement, which shall be maintained by the person providing the service for three years.

(b) The information required by subdivision (a) shall be provided in a language that the client understands.

(c) Nothing in this section or in Section 2053.5 shall be construed to do the following:

(1) Affect the scope of practice of licensed physicians and surgeons.

(2) Limit the right of any person to seek relief for negligence or any other civil remedy against a person providing services subject to the requirements of this section.

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