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Posted by Opposing New York Alternative Healing Modalities Bill on March 17, 2002 at 16:17:29:
A Closer Look: New York State’s “Bad Bills” - A 8704 and S4857
Your Strong, Vocal, Immediate Opposition is Urged!!
A8704 and S4857 are proposed bills which contain punitive regulatory
provisions which would affect all unlicensed New York State healers who are
not currently regulated for modalities which even according to bill
supporters “do no harm.”
These bills affect all New Yorkers, our right to practice, teach, heal,
and receive self-empowering healing modalities, including spiritual healing,
yet most New Yorkers have not been consulted on and/or do not know about
these bills.
The bills are 13 pages long and the full text (portions are quoted
directly below) may be found on the following websites (for A8704):
http://assembly.state.ny.us (for S4857): http://senate.state.ny.us
These bill(s) cover the following “catch all” of undefined, unlicensed
healing modalities which are lumped together and all would be negatively
affected by punitive regulatory measures against healers (which constitute 11
out of 13 pages of the bills):
“COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES” MEANS THE BROAD
DOMAIN
OF COMPLEMENTARY AND ALTERNATIVE HEALING METHODS AND TREATMENT
INCLUDING, BUT
NOT LIMITED TO: ACCUPRESSURE; ASIAN HEALING PRACTICES; ANTHROPOSOPHY;
AROMA
THERAPY; AYURVEDA; BODY-MIND CENTERING; CRANIAL SACRAL THERAPY;
CULTURALLY
TRADITIONAL HEALING PRACTICES; DETOXIFICATION PRACTICES AND THERAPIES;
ENERGETIC HEALING; FLOWER ESSENCES; FOLK PRACTICES; GERSON THERAPY;
HEALING
PRACTICES UTILIZING HEAT, COLD, WATER, COLOR, TOUCH AND LIGHT;
HEALING-RELATED KINESIOLOGY; HEALING TOUCH; HELLERWORK; HERBOLOGY OR
HERBALISM; HOMEOPATHY; IRIDOLOGY; JIN SHIN THERAPY; MIND-BODY HEALING
PRACTICES; NATUROPATHY; POLARITY THERAPY; QI GONG; REFLEXOLOGY; REIKI;
ROLFING; SHIATSU; TRAGER APPROACH; SOMATIC PRACTICES OF MOVEMENT THERAPY;
STRUCTURAL INTEGRATION; TOUCH FOR HEALTH; TUINA; YOGA; OR ANY COMBINATION
OF
SUCH PRACTICES.
PLEASE NOTE: Harmless spiritual healing modalities are lumped together
with modalities for which the people of the state of New York State currently
enjoy important protections against the practice of medicine without a license
which this bill would water down (see below).
And, under the guise of “consumer protection” and in a climate of fear
(which is being exacerbated and used by one small group to achieve passage of
these bills to an agenda and without proper public examination of the
consequences of the bills themselves), unlicensed healers practicing
modalities which may require nothing more than an exemption from or
modification of current New York Massage Law (through legal amendment to this
law) are being asked to support a bill which would institute harsh regulatory
penalties affecting their practices and that of all other unlicensed healers.
These bills would negatively impact BOTH the consumer’s right to
affordable healing empowerment AND THE HEALER’S RIGHT TO PRACTICE SPIRITUALLY
BASED NON MEDICAL HEALING ARTS WHICH DO NOT HARM , WHICH HAVE NEVER BEEN
DEMONSTRATED TO NEED PUNITIVE REGULATION, OR THE ESTABLISHMENT OF A
CLIMATE
OF PERVASIVE LEGAL INTIMIDATION , LOSS OF CIVIL AND CONSTITUTIONAL RIGHTS, AS
PROPOSED IN BILLS A8704 AND S4857.
Why Build A “Hammer” For New York State Regulators
To Regard All Unlicensed Healers as a “Nail”?
Many of the practitioners of the above healing arts have never been
regulated, nor do they require regulation (as these modalities have never
been shown to do any harm to the public and
the practice and teaching of these modalities concerns spiritually protected
First Amendment rights, and/or native American Treaty rights--to practice
“CULTURALLY TRADITIONAL HEALING” see categories above).
Furthermore, there has been a punitive past history regarding such
regulation of licensed medical professionals through the office of the Health
Commissioner (the same state regulatory agency is specified to regulate
unlicensed healers in bills A8704 and S4857):
The Following email was received from a consumer/activist concerned about
how the NY Health Commissioner is currently regulating licensed medical
practitioners after the passage of the New York Complementary and Alternative
Health Care Bill. (A8704 and S4857 are intended to be an “extension of this
bill” to unlicensed complementary and alternative healers):
<< Dear Ellen,
Sorry for the lengthy message, Basically Good doctors using good sound
science (without a hidden agenda), are being shut down by a sector of the
Health Dept. known as the "Office of Professional Medical Conduct." This
office is out of control and they are destroying peoples lives.
We are trying to get this consciousness out there.
Basically reforming the way they function.
We still need the OPMC office to weed out the real bad doctors but it has
been discovered they are not doing the proper job.
Your thoughts, Mark >>
Public Information: A8704, S4857
New York Voters were Not Consulted on These “Bad” Bills
Please Note: Practitioners of the healing arts listed in A8704 and S4857
have never been consulted as to our needs and/or requirements regarding the
passage of these bills (or even if these bills are needed at all), nor have
consumers in New York state been consulted.
One small, private group of supporters (who have refused to publicly
identify themselves as individuals or to name their leaders and who,
nevertheless, continue to solicit public contributions in order to fund a
lobbyist to supersede the legitimate rights and concerns of all empowered New
York healers and consumers) claim to represent New York “consumers” and
“unlicensed healers” in proposing the passage of this ominous legislation.
No Public Hearings, No Information To Healers Or Consumers
There have been no public hearings, no input at all by most practitioners
or consumers in New York State regarding the serious punitive regulatory
provisions of these bills which constitute 9/10ths of these bills.
Nevertheless, one small group insists on ramming through this legislation
at top speed without consideration of the consequences to healers and
consumers, without consulting the citizens of New York State or the healers
whom this legislation proposes to regulate through punitive provisions which
would compromise basic civil and U.S. constitutional rights to privacy,
presumption of innocence, first, fourth and fifth amendment protections
presently guaranteed to all unlicensed healers which would be superseded by
the explicit provisions of bills A8704 and S4857 (see below, direct quotes
from the proposed bills).
YOU MAY ASK: WHERE IS THE EVIDENCE IN COURT CASES, ETC. THAT THIS PUNITIVE
LEGISLATION IS NECESSARY
TO PROTECT THE CONSUMERS OF NEW YORK STATE
FROM NON MEDICAL UNLICENSED HEALING MODALITIES
WHICH DO NO HARM?
Please Note:
The Costs of A8704 and S43857 To Healers, Consumers
If these bills are passed, the burden of proof of a healer’s innocence,
and the costs of defense against easily filed consumer complaints (even
anonymous false or malicious complaints) would be the personal responsibility
and at the (considerable) financial expense and burden on the unlicensed
alternative healer or teacher.
This would drive up the cost of alternative healing, and/or require
expensive malpractice insurance and could drive gifted and talented healers
and teachers from the practice of alternative healing.
The cost of administering the punitive provisions of these bills would
fall squarely on New York State taxpayers or have to be collected from fines
levied against healers prosecuted through the provisions specified in A8704
and S4857, making these bills an expensive waste of taxpayers’ monies in a
time of austerity and budget shortfall, as the healing modalities covered by
the bills do not harm.
And, adequate provisions exist under current New York State Law to
protect consumers from abuse, fraud and/or criminal statutes protecting
against the practice of medicine without a professional license.
Some of A8704 and S4857’s punitive provisions against individual healers are
as follows:
“THE STATE OFFICE SHALL EMPLOY INVESTIGATORS WHO SHALL INVESTIGATE ANY
COMPLAINTS MADE AGAINST AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH
CARE PRACTITIONER TO THE EXTENT NECESSARY TO DECIDE WHETHER THERE ARE
REASONABLE GROUNDS TO BELIEVE THAT A PRACTITIONER SUBJECT TO THE
PROVISIONS
OF THIS ARTICLE HAS ENGAGED IN PROHIBITED CONDUCT.”
“THE INVESTIGATOR SHALL RECOMMEND TO THE COMMISSIONER THE DISCIPLINARY
ACTION
TO BE TAKEN”
Search and Seizure of Healer’s Property and “Records” and Person:
“DISCOVERY; SUBPOENAS. THE COMMISSIONER MAY ISSUE SUBPOENAS AND COMPEL
THE
ATTENDANCE OF WITNESSES AND THE PRODUCTION OF ALL NECESSARY PAPERS,
BOOKS,
RECORDS, DOCUMENTS AND OTHER EVIDENTIARY MATERIAL. ANY PERSON FAILING OR
REFUSING TO APPEAR TO TESTIFY REGARDING ANY MATTER ABOUT WHICH THE
PERSON MAY
BE LAWFULLY QUESTIONED OR FAILING TO PRODUCE ANY PAPERS, BOOKS, RECORDS,
DOCUMENTS OR OTHER EVIDENTIARY MATERIALS IN THE MATTER TO BE HEARD, AFTER
HAVING BEEN REQUIRED BY ORDER OF THE COMMISSIONER TO DO SO MAY, UPON
APPLICATION TO THE SUPREME COURT, BE ORDERED TO COMPLY WITH THE ORDER OR
SUBPOENA”
Presumption of Healer’s Guilt, Not Innocence:
“IF THE PRACTITIONER FAILS TO REQUEST A HEARING BY NOTIFYING THE
COMMISSIONER
WITHIN THIRTY DAYS AFTER SERVICE OF THE NOTICE OF THE PROPOSED ACTION, THE
COMMISSIONER MAY PROCEED WITH THE ACTION WITHOUT A HEARING”
And, in days of slow U.S. mail and “sewer” summons service, please note the
following:
“IF WITHIN FIFTEEN DAYS OF PERSONAL SERVICE OF THE ORDER, THE SUBJECT OF THE
ORDER FAILS TO REQUEST A HEARING IN WRITING, THE ORDER SHALL BE THE FINAL
ORDER OF THE COMMISSIONER AND SHALL NOT BE SUBJECT TO REVIEW BY A COURT
OR
AGENCY”
A8704 Supersedes Fifth Amendment Rights
To Protection Against Self Incrimination:
“IF AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER
REFUSES TO GIVE TESTIMONY OR PRODUCE ANY DOCUMENTS, BOOKS, RECORDS OR
CORRESPONDING EVIDENCE ON THE BASIS OF THE FIFTH AMENDMENT TO THE
CONSTITUTION OF THE UNITED STATES, THE COMMISSIONER MAY COMPEL THE
UNLICENSED
PRACTITIONER TO PROVIDE THE TESTIMONY OR INFORMATION”
Loss of Medical Privacy For Healers:
“THE COMMISSIONER MAY ISSUE AN ORDER DIRECTING THE PRACTITIONER TO SUBMIT
TO
A MENTAL OR PHYSICAL EXAMINATION OR CHEMICAL DEPENDENCY EVALUATION”
AND LAST BUT NOT LEAST:
“THE COMMISSIONER MAY....OBTAIN MEDICAL DATA AND HEALTH RECORDS RELATING
TO
AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER
WITHOUT
THE PRACTITIONER’S CONSENT”
The Onus Is On The Healer, and At the Healer’s Expense:
“CHALLENGES TO REQUESTS OF THE STATE OFFICE MAY BE BROUGHT BEFORE THE
APPROPRIATE AGENCY OR COURT”
Please Note, Under A8704 and S4857:
How a Healer Finds (False) Anonymous Complainants
or Terminates Dysfunctional Clients From His/Her Practice:
The Healer is PROHIBITED From Using Information Obtained
For Any Other Purpose
(Such as: Informing Fellow Healers that A Client has Sexually Abused,
Intimidated or Molested Or Attacked the Healer!!):
“DATA ON A COMPLAINANT, EXCEPT WHEN THE UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE SERVICE PROVIDER HAS FILED WITH THE STATE OFFICE A
SWORN AFFIDAVIT OR AFFIRMATION UNDER PENALTY OF PERJURY ALLEGING FACTS
WHICH,
IF SUBSTANTIATED, WOULD TEND TO SHOW THAT THE COMPLAINANT FILED THE
COMPLAINT
KNOWING THAT THE COMPLAINT HAD NO SUBSTANTIAL FOUNDATION IN FACT, OR FILED
IT
WITH RECKLESS DISREGARD FOR WHETHER OR NOT IT WAS SUBSTANTIALLY FOUNDED,
IN
WHICH CASE, THE NAME AND ADDRESS OF THE COMPLAINANT SHALL BE FURNISHED TO
THE
UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PROVIDER FOR THE
SOLE
PURPOSES OF ALLOWING SUCH PROVIDER TO COMMENCE LEGAL ACTION AGAINST THE
COMPLAINANT AND TO TERMINATE THE HEALTH CARE RELATIONSHIP, IF ANY, WITH THE
COMPLAINANT AND SUCH INFORMATION SHALL NOT BE USED FOR OTHER PURPOSES.”
Keeping of Files on Individual Healers:
“THE STATE OFFICE SHALL MAINTAIN AND KEEP CURRENT FILES CONTAINING THE
REPORTS AND COMPLAINTS FILED AGAINST UNLICENSED COMPLEMENTARY HEALTH
CARE
PRACTITIONERS WITHIN THE COMMISSIONER’S JURISDICTION”
It seems, these bills were drafted in a “dark closet,” without scrutiny
or input from the majority of New York’s unlicensed healing community, or
from spiritual healers who would be negatively affected by this punitive law.
None but a small group which has tried to manipulate all unlicensed
healers into passage of these bills (through a fear based campaign of
intimidation which has split the healing community) has ever been consulted
regarding this unwise legislation. Yet, this one group is attempting to push
their private agenda (of watering down current legal protections of New York
State law against the practice of medicine without a license--see below) on
all citizens of New York State, on all people who heal in faith, who do no
harm.
Christian Science is covered by these bills, unnamed and unspecified
healing modalities are covered by these bills, Reiki, yoga, tai chi and self
empowerment modalities, native American healing is covered, Anthroposophy
(Rudolph Steiner methods) are included, yet, no evidence exists that people
who actually practice or utilize these (and other modalities) covered by
these bills have ever been contacted or consulted to ascertain their needs
(if any) for this legislation.
Most healing arts listed in these bills are taught, practiced and
publicly advertised quite openly, legitimately and safely in New York State
and do not now (and have never) required any punitive regulatory legislation
in order to be practiced. Spiritual healing practices, such as prayer,
Reiki, Qi Gong, yoga laying on of hands healing, for stress relief have been
practiced safely without needing any legislative regulations over thousands
of years without doing any harm. How can anyone justify that (spiritual)
healing, energy work or exercise practices, such as these, now need punitive
regulation, as specified in A8704 which would effectively supersede protected
First Amendment rights to spiritual practice?
Provisions Exist In New York State Law to Protect Consumers Against Practice
of Medicine Without a License
A8704 and S4857 Water Down These Protective Provisions
Those healing arts which presume to “diagnose and/or treat illness” or
“prescribe” healing substances are currently regulated and constitute
“practice of medicine without a license” in New York State unless practiced
by a licensed health care professional or under the supervision of a medical
doctor. And this is an entirely proper and appropriate (sic) requiring state
supervision for this type of healing, as only a qualified licensed medical
professional can insure that a person with serious disease process is not
being improperly “dosed” with an inappropriate or ineffective nostrum or
remedy in lieu of a full medical understanding of the ramifications of
serious or potentially life threatening conditions or disease processes.
These processes may be present in a patient or client which an unlicensed
healing practitioner is untrained and incompetent to identify “screen” or
“treat” without being trained as or supervised by a licensed medical
professional.
A8704 and S4857 clearly state:
“COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES SHALL NOT INCLUDE
PROVIDING A MEDICAL DIAGNOSIS OR RECOMMENDING THE DISCONTINUANCE OF
LEGEND
DRUGS PRESCRIBED BY A LICENSED HEALTH CARE PRACTITIONER, NOTWITHSTANDING
ANY
OTHER PROVISION OF LAW, AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH
CARE PRACTITIONER MAY PROVIDE PERSONAL CONSULTATIONS AND SCREENINGS
BASED
UPON THE PRACTITIONER’S METHOD OF COMPLEMENTARY AND ALTERNATIVE CARE;
MAY
MAKE ASSESSMENTS OF THE CLIENT’S HEALTH PROBLEMS AND CONCERNS AS THEY
RELATE
TO THE UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
PRACTITIONER’S
METHODS OF PRACTICE; AND MAY MAKE RECOMMENDATIONS FOR THE USE OF
COMPLEMENTARY OR ALTERNATIVE HEALTH PRACTICE METHODS OR TREATMENTS IN
ACCORDANCE WITH THE CONSULTATION, SCREENING AND ASSESSMENTS OF THE
PRACTITIONER.”
You may well ask how this provision “protects” a client/consumer with an
undiagnosed, unmetastisized cancer or other serious illness whose “complaint”
is first “screened” and/or “treated” by a non medical healer who may delay
the diagnosis and/or medical treatment of serious undiagnosed disease and how
this may affect the client/patient’s outcome for survival.
IF PASSED INTO LAW, PUNITIVE PROVISIONS OF A8704 AND S4857 WILL BECOME A
PERMANENT PART OF NEW YORK STATUTE
FOR ALL OF THE ABOVE REASONS AND MORE,
ALL HEALERS AND CONSUMERS MUST UNIFY
TO OPPOSE PASSAGE OF A8704 AND S4857
Please express your strong, vocal opposition (see below) to these “bad”
bills, which seek to lump all spiritual healing arts which do not harm with
those which constitute the “practice of medicine without a license” and with
those non medical healing arts which would be better served by amending
current state law to exempt non massage arts from requiring massage licensing.
For more information and UPDATES ON THIS LEGISLATION and to join with other
New York State empowered healers, and consumers, Contact:
NY State Healer’s Empowerment Coalition
P.O. Box 754217
Forest Hills, NY 11375
email: HealNet@aol.com
1-877-HealNet or 1-877-432-5638
see: www.ReikiPeaceNetwork.com
(for more information on A8704 and S4857)
Letter To NY State Elected Officials:
Dear ,
As a healer and/or consumer of alternative healing, I strongly oppose the
following very badly drafted bills which are being considered in the New York
State legislature, namely A8704, and S4857, which seek to regulate a 'catch
all' of unlicensed, non medical healing modalities, including "but not
limited to" Reiki spiritual laying on of hands healing, along with an
extended list of specified and unspecified healing arts, including
generalized "folk practices," "food," "water," "heat," and "cold," the use of
which are never defined in these bills.
Please specify your position on A8704 and S4857 to me by return mail.
Please withdraw any and all support for this legislation.
According to the supporters of A8704 and S4857, "there has never been a
consumer complaint about the quality or efficacy of a modality" which is
being considered in these bills. Therefore, this legislation is unnecessary!
Non medical healing modalities do not require regulation as if they were
medical modalities capable of causing harm, or constituting "malpractice."
These bills would constitute a nightmare to administer, as modalities are
undefined and interpretation is at the behest of the "State Health
Commissioner" who would be in charge of drafting "enforcement" policies,
which could constitute a "witch hunt" against excellent teachers and
practitioners of alternative healing modalities. This legislation would
cause unnecessary expense to the taxpayers of the State of NY to which I
strongly and particularly object, in these times of austerity and recession.
These bills would subject practitioners and teachers of these healing
arts to possible disciplinary actions (including felony charges, subpoenas,
fines, and confiscation of personal property, violation of privacy rights,
etc.) for practicing spiritual healing arts. A number of these healing arts,
such as Reiki (laying on of hands healing), native American healing,
Christian Science and Anthroposophy, are protected under the first amendment
of the U.S. Constitution, which guarantees the right to spiritual practices
of any person's choice, or as part of native American treaty rights which the
administration of these bills would violate!
Sufficient laws already exist on the books regarding "practicing medicine
without a license" and through litigation as expressed in current NY State
Law.
I respectfully insist on keeping my right to affordable healing
empowerment and alternative care, the right to transmit G-d's healing energy
(which can do no harm) through laying on of hands without unnecessary
prosecution or persecution by the State of New York.
Sincerely (with peace and healing),
(please print clearly):
Name:_______________________________ phone #:____________________
Address:______________________________ email
address:________________
City/State:_____________________________________zip code:__________
IMPORTANT!! Sample Letter to NY State Elected Officials
Please Fill in Name & address of each elected official & Xerox!!
Please write in opposition to two very poorly drafted, costly (to
taxpayers and recipients of Reiki and alternative healing) New York State
bills, A8704 and S4857. Detailed information on these bills can be found in
an article posted on: www.ReikiPeaceNetwork.com
Please get all of your friends, those in your healing practice to oppose
these bills by writing letters to elected officials detailing your concerns
(you may make Xerox copies of the “Sample” letter for each elected official
and for distribution).
Please send us a copy of your letters, this will help us in organizing strong
vocal opposition to A8704 and S 4857. Send your copies to:
NY State Healer's Empowerment Coalition, P.O. Box 754217, Forest Hills, NY
11375 -
phone: 1-877-HealNet (877-432-5638)
For additional details on these “bad” bills see www.ReikiPeaceNetwork.com
Letters should be sent to your New York State assembly person and senator and
to each of the following elected officials:
You can locate your assembly person and/or access bill A8704:
www.assembly.state.ny.us
You can locate your NY State senator and/or access bill S4857:
www.senate.state.ny.us
Governor George E. Pataki
State Capitol
Albany, NY 12224
(regarding S4857) (regarding A 8704)
Hon. Joseph Bruno, NY Senate Maj. leader Hon. Sheldon Silver, NY
Assembly Speaker
909 Legislative Office Building 932 Legislative Office Building
Albany, NY 11247 Albany, NY 12248
(bill sponsors A8704- NY Assembly): (bill sponsor S4857 - NY Senate):
Rep. Michael Gianaris Sen. Kemp Hannon
22-77 31st St., Suite 107 1600 Stewart Ave., Suite 315
Astoria, NY 11105 Westbury, NY 11590
and
Rep. Vivian Cook
142-15 Rockaway Blvd.
Jamaica, NY 11432
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