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: : 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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