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For the passage of AB295
The Healing Arts Bill for Wellness Services
On June 9, 2015, Governor Brian Sandoval signed into law Nevada AB295, protecting Nevada’s citizen access to their many wonderful practitioners providing “wellness services”. The bill was introduced by Assemblyman Kirner on March 13, 2015, signed into law on June 9, 2015, and went into effect July 1, 2015. Click Here for Full bill language.
The The bill came forth from a dedicated team, working to protect access to wellness services including such practices as anthroposophy, aromatherapy, traditional cultural healing practices, detoxification practices and therapies, energetic healing, folk practices, Gerson therapy and colostrum therapy, healing practices using food, dietary supplements, nutrients and the physical forces of heat, cold, water and light, herbology and herbalism, reflexology and Reiki, mind-body healing practices, nondiagnostic iridology, noninvasive instrumentalities, and holistic kinesiology.
Jim Jenks of Sunshine Health Freedom Foundation is credited for his years of diligent service educating legislators about wellness services and his own profession, herbalism. He and their brilliant and effective lobbyist, Alexis Miller, of Amplify Relations Lobbying Firm in Reno, Nevada, were successful at gaining near unanimous support for the bill. Attorney Diane Miller of National Health Freedom Action reports that she has been involved in, and supporting the work of, Nevada activists for a number of years and is completely delighted and impressed with the team’s commitment to protect access to Nevada practitioners who practice in the public domain. NHFA would like to especially thank Jim Jenks for his central role, dedication, and hard work in bringing this bill forward and to completion.
Health Freedom activists from across the state and around the country are celebrating Nevada’s success which will protect Nevada health seekers’ rights to access traditional, cultural, complementary and alternative health care therapies and remedies and other wellness service freely.
NHFA works with over 30 states on the issue of protecting consumer access to wellness services from a broad variety of practitioners practicing in the public domain and reports that in many states the medical occupation laws are so broad that natural or traditional practitioners can be shut down or criminally charged for practice of medicine or other medical occupation without a license. Diane Miller states that Nevada wanted to avoid any chance of that happening given their population using wellness services.
Nevada now joins nine other states that have passed safe harbor bills to protect consumer access to these practitioners ensuring that these traditions and practices are preserved for generations to come. Those other states are Minnesota, Rhode Island, California, Louisiana, Arizona (for Hahnemanians), Idaho (since 1975), and Oklahoma (since 1994), New Mexico and Colorado. Congratulations Nevada and thank you Governor Sandoval and the Legislators of Nevada, for your protection of the healing culture of Nevada!!!
The CODEX Alimentarius Commission is a joint activity of the United Nation’s World Health Organization (WHO) and the Food and Agricultural Organization (FAO). The Commission has There are more than 2 dozen Committees and Tasks Forces within the Commission focused on specific areas of international food trade.
The Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) has in the last 15 years expanded its scope to include vitamin and mineral dietary supplements. The 35th session of this Codex Committee will be held in Germany in early November. FDA’s Dr. Paula Trumbo will head the U.S. Delegation. USDA’s Dr. Allison Yates will serve as the alternate U.S. Delegate. The meeting will include discussion of a revision to Nutritional Labeling Guidelines as well as General Principles for Establishing Nutrient Reference Values (NRVs) for the General Population as well as Revised NRVs for vitamins and minerals. There is also scheduled to be discussions on the list of Food Additives and consideration to the creation of a ‘Trans-fat Free’ label standard.
The scheduled public meeting on the agenda and the US Position was scheduled for October 3 but has been postponed due to the partial shutdown of the Federal Government. Further information about the US Position on matters that affect your access to dietary supplements and other food related issues will be posted soon.
Please Note: Sunshine Health Freedom Foundation does not engage in an analysis of the technical aspects of establishing standards, but rather focuses on the issues that directly affect consumer access and health freedom.
Complementary & Alternative Health:
The Affordable Care Act (ACA) often referred to as Obamacare was launched officially on October 1. While many are no fans of ACA, there were several provisions that were specifically included by friend to the complementary and alternative health community, Senator Tom Harkin (D-IA).
New Definition of Healthcare Workforce: P.L. 111–148, The Patient Protection and Affordable Care Act provided clear instruction to expand access to licensed integrative health practitioners in Section 5101, “Health care workforce” is now defined under the law as to “include all health care providers with direct patient care and support responsibilities, such as physicians, nurses, nurse practitioners…doctors of chiropractic…licensed complementary and alternative medicine providers, integrative health practitioners …and any other health professional that the Comptroller General of the United States determines appropriate. Health professionals are defined in the law now as “dentists, dental hygienists, primary care providers, specialty physicians, nurses…doctors of chiropractic…licensed complementary and alternative medicine providers…and integrative health practitioners; national representatives of health professionals;…representatives of schools of medicine, osteopathy, …chiropractic… representatives of public and private teaching hospitals, and ambulatory health facilities, including Federal medical facilities; and …any other health professional the Comptroller General of the United States determines appropriate.”
Non-Discrimination Language Included: The definitions in Section 5101 are important because of Section 2706 the non-discrimination language: “A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider’s license or certification under applicable State law.” (It is important to note that this non-discrimination language does not require insurance coverage of complementary and alternative therapies, but does call for access for a therapy covered in a scope of practice by a licensed complementary provider if that therapy is already included in the insurance coverage. An example of this would be requesting access to a chiropractor for treatment for low back pain rather than a referral to a physical therapist.
Supporting the philosophy behind non-discrimination does not automatically indicate one is supportive of mandatory licensure or registration of currently non-licensed CAM providers at the state level. Sunshine Health Freedom Foundation’s state activities focus on preserving and promoting health freedom through safe harbor and consumer rights to access legislation and policies. To learn more about these, please visit the state pages at www.sunshinehealthfreedom.org
AMA Flexes its Muscles Through Representative Harry (R-MD): The American Medical Association (AMA) and other physician trade associations has convinced physician legislator, Congressman Andy Harris (R-MD) to introduced H.R. 2817, the “Protect Patient Access to Quality Health Professionals Act of 2013” which would remove the non-discrimination language (i.e. Section 2706) from the law. The AMA has suggesting that Section 2706 would undermine the role of states in regulating scopes of practice. This is not what the law does. Instead, it simply identifies and removes a barrier that has existed for too long in the insurance industry. Non-discrimination is fundamental to health freedom.
There are many things wrong with the ACA law, most importantly the requirement that Americans be forced to maintain a specific level of insurance or face the leveraging of penalties managed by the IRS. 2706 was one of the bright spots of the law and should remain in the law.
What Can You Do? Register your opinion at: https://www.surveymonkey.com/s/2706. Share this link with everyone you know who cares about health freedom.
As we have previously noted the introduction of legislation in both the House and Senate to require the labeling of Genetically Modified Foods (GMO). (These foods are also often referred to as Genetically Engineered and more recently as “bio-engineered). Congressman Peter Defazio and Senator Barbara Boxer introduced the Genetically Engineered Food Right-to-Know Act (HR 1699 and S. 809). There are now 45 cosponsors to HR 1699 and 13 to S. 809. This is a small increase from last spring.
During the Continuing Resolution battle earlier this year, Senator Barbara Mikulski (D-MD) new Chair of the Senate Appropriations Committee did not strike Section 735, the Plant Protection Act often referred to as the Monsanto Protection Act from the Senate Version of HR 933, which kept the government running through September 30. This provision allowed companies to sidestep the courts and seek permission to plant GMO crops from the Secretary of Agriculture. This provision eliminated the safety value of the court system to require proof of safety of new crops. Historically, the Secretary of Agriculture has given a pass to industry not fulfilled the duty of insuring that proof of safety has been validated as well as environmental impact studies.
At the time, Chairman Mikulski stated she was not supportive of the provision but that she was simply moving the Bill she inherited. In August, with the failure of Congress to pass the FY2014 budgets, the House of Representatives passed a Continuing Resolution (CR) which included a provision to continue this side stepping of the courts. This was not the only controversial measure in the CR, what has gotten the most attention was the provision to defund the Affordable Care Act (ACA). The Senate rejected the measure, and Senator Mikulski issued a statement indicating she did not support such a provision. Her press release stated, “My promises made are promises kept. I have never supported the Monsanto provision, and I continue to oppose it. When I became Appropriations Chairwoman and inherited this problem, I promised I would work to solve it. The Monsanto provision is not included in either of the Senate or House FY14 Agriculture Appropriations bills, and that is a good thing. There’s no reason for it to be included in a short-term CR, either. I have long fought for strong food safety measures. I have supported a bill requiring labeling of genetically engineered fish, an amendment to the Farm Bill that allows states to require labeling of edible foods and beverages for sale that contain genetically engineered ingredients, and called for labeling of cloned animals or their progeny. I will continue to fight for food safety and consumer information to support the health and well-being of families across America.”
To tell Senator Mikulski Thank You and Share Your Opinions at: https://www.surveymonkey.com/s/GMO_Mikulski
Just as Congress was leaving Washington for their August recess, Senator Durbin Launched and Richard Blumenthal (D-CT) introduced S. 1425, The Dietary Supplement Labeling Act of 2013. This legislation is the latest attempt to undo the Dietary Supplement Health and Education Act of 1994 (DSHEA) and nudge dietary supplement regulations closer to the drug regulatory model. We cannot let this happen as it will only serve to reduce access to products and drive the cost of products higher!
In an orchestrated legislative-media 1-2-3 punch, (1) USA Today posted a story regarding Matt Cahill, the developer of several designer steroids marketed as dietary supplements. (2) On July 30, Senator Durbin gave an impassioned speech on the Senate floor to reference the USA Today paper, in which he promotes the perception that the FDA conducts tests on drugs and should conduct tests on supplements. This inaccurate on its face and shows his long standing intention that supplements be removed from food regulations and forced into drug regulations. (3) On July 31, Senator Jay Rockefeller (D-WV), Chairman of the Committee on Commerce, Science, and Transportation gave Senator Durbin a forum in a hearing entitled, “Energy Drinks, Exploring Concerns About Marketing to Youth.” to raise an alarm about supplements and to open the door for the introduction of his revised legislation.
S. 1425 – The Dietary Supplement Labeling Act of 2013 would:
- Add an additional level or registration requirements over and above the facility registration requirements of all foods implemented through the Public Health Security and Bioterrorism Preparedness and Response Act of 2002
- Add an additional level of reporting of product labels to include a list of all ingredients which will be made public. Keep in mind:
- Proprietary data will not be protected, thus opening the door for companies to suffer significant financial losses from copy-cats.
- A database of dietary supplement labels already exists and is available to the public through the National Institutes of Health’s Office of Dietary Supplements at: http://www.dsld.nlm.nih.gov/dsld.
- Development of mandatory warning labels for dietary supplements for which the government determines may cause potentially serious adverse events, drug interactions or contraindications, and potential risks to subgroups such as children and pregnant women.
- Additional label requirements for proprietary blend products.
- Have the FDA create a list of dietary ingredients and propriety blends to target for ‘warning labels’ and use the Institute of Medicine (IOM) to make regulatory decisions based on the possibility of adverse event rather than actual reports of adverse events.
- Change the substantiation process for dietary supplement structure function claims to open the door for pre-market approval.
- Require the FDA to establish a definition for “conventional foods” (presumably to target energy drinks and other products that are not in capsule/pill form.)
S.1425 Is Not Needed! The suggested additional layer of regulations in this Bill will be costly; will open the door for companies to have their products copied because natural products typically do not have the same patent protections as drugs, and will nudge supplements out of the food category and into the drug category by opening the door for required pre-market approval. Furthermore, a registry of labels already exists within the government and many companies already include on the label information to advice about pediatric and pregnancy use.
What Can You Do? Click here to register your opinion on S. 1425. Click here to take survey. Share this link with everyone you know who cares about dietary supplement access.
Clinton Ray Miller passed from this life with the love of his family on July 24, 2013. Clinton will be remembered for his powerful influence of truth, and his unyielding commitment to family, church, and health freedom. He joined the throngs of great pioneers on Pioneer Day.
Born on March 14, 1922 in Preston, Idaho, to Raymond Nephi and Clarice Stockdale Miller.
Clinton grew up working in the family business, the Miller Honey Company. Diligent hard work and perseverance were his trademarks. He graduated from East High and the University of Utah.
Married his eternal sweetheart, Bonnie Jean Kent, in the Salt Lake LDS Temple on Oct. 13, 1944. He treasured Bonnie, and has missed her deeply since her passing in 2006.
During World War II, Clinton served as a Pilot of a B-17 Bomber. He worked as an English Teacher and Top Sales Rep for Utah Woolen Mills in Alaska. He founded Clinton’s Wheat Shop, and represented the National Health Federation as legislative advocate, defending our health freedoms from 1962 through 1990. His work in this field was pivotal and enduring. He labored in this cause through his 90th year. Above all, Clinton was dedicated to his wife and family. A faithful Latter-Day Saint, Clinton served in many leadership positions and shared the Gospel of Jesus Christ with everyone he met. He devoted the last three years of his life to full-time family temple work in the St. George Temple.
Survived by six children: Kent, Raymond, Daniel (Sondi), Joy, Michael (Shauna), Kathleen (Dave); 18 grandchildren and 28 great-grandchildren. Preceded in death by Bonnie, parents, two sisters, two brothers, and two grandsons.
A Graveside Service will be held Sat., July 27 at 1:30 p.m. at the SLC Cemetery. A Memorial Service will follow at the LDS Chapel; 1830 E. 6400 S. SLC 84121. In lieu of flowers, please make donations to the LDS Perpetual Education Fund or LDS Missionary Fund.
Published in Salt Lake Tribune from July 26 to July 27, 2013
Is the American Medical Association Attempting to Undermine DSHEA?
Is this an intended or unintended consequence of their proposal?
June 20, 2013: The American Medical Association (AMA), the trade association that represents about 30% of US physicians is holding its annual meeting in Chicago this week. During this meeting, the House of Delegates, their elected officers vote on resolutions regarding medical practice and sometimes even government regulations and practices.
At the 2013 event, the AMA is considering several resolutions that have broad national implications.
Banning the Sale of Energy Drinks to Minors: In an expected move, the AMA backs Senator Richard Durbin’s desire to ban the marketing of energy drinks to minors. If Senators Durbin and Blumenthal could, they would ban energy drinks altogether. Since they cannot, they want to stop them from being marketed to minors. Will we see regulations implemented that require consumers to show a drivers license and to sign a form at the pharmacy or check-out counter to purchase Monster or Red Bull the way we do for Sudafed and other ephedrine containing OTC cold tablets?
Opposing GMO Food Labeling: The AMA stands ready to adopt a resolution which opposes even voluntary labeling of genetically engineered foods, and opposes a moratorium of planting genetically engineered crops. The organization’s resolution states, “consumers wishing to avoid bioengineered foods can purchase foods that are certified USDA Organic. This labeling term indicates that no bioengineered ingredients were used in the food.”
Declaring Obesity a Disease The AMA has a resolution that would redefine obesity as a disease. Obesity is defined as being more than 20 percent above recommended weight, and contributes to a number of medical conditions including diabetes, heart disease and stroke. It is not however in and of itself a disease and should not be designated as such.
Why This Matters: There are likely many consequences to the insurance industry and even the workplace if such a designation is adopted. One area of particular concern is the Food and Drug Administration’s (FDA) response to such a designation. As you may recall, the FDA once attempted to declare that being pregnant was a disease, and getting older was a disease.
A big question is whether declaring obesity a disease would lead to an attempt to change the regulation on foods and supplements that are marketing for aiding weight loss. Would the FDA begin declaring dietary supplements marketing to aid weight loss as ‘unapproved drugs’ because they are making a claim to cure, treat, mitigate, or prevent the disease of obesity?
Did the AMA decide to make this declaration by themselves or was their collaboration with anyone at the FDA or other Health and Human Service agencies?
Sunshine Health Freedom Foundation will be exploring and keeping you informed.
Senator Richard Durbin Poised to Introduce Legislation That Will Impact Access to Dietary Supplements
There are reports today (June 19, 2013) that Senator Richard Durbin (D-IL), Assistant Majority Leader has plans to reintroduce his misguided legislation entitled the Dietary Supplement Labeling Act. This bill, if enacted into law, will drive the cost of supplements up and likely lead to reduced access to many supplements. The intent of this bill is to expand the powers of the Food and Drug Administration and to make it harder for supplement companies to stay in business. The labels of dietary supplements are now available online from another government source, so the wind has been taken out of Senator Durbin’s sails! We do not expect this to stop him, but other legislators will be pleased that a label database exists, therefore eliminating any perceived need.
Labeling Information Is Now Available Online: On June 17th, the National Institutes of Health launched the Dietary Supplement Label Database (DSLD). www.dsld.nlm.nih.gov
This is a joint project of the Office of Dietary Supplements (ODS) and the National Library of Medicine with input from federal stakeholders who participate in a federal working group on dietary supplements. These include representatives from most NIH institutes and centers, as well as the Food and Drug Administration, Agency for Healthcare Research and Quality, Administration for Community Living, Centers for Disease Control and Prevention, Office of Disease Prevention and Health Promotion, Consumer Product Safety Commission, Department of Defense, Department of Veterans Affairs, Federal Trade Commission, Health Resources and Services Administration, National Aeronautics and Space Administration, National Institute of Standards of Technology, and Department of Agriculture.
The database provides the actual data from dietary supplements by brand. As stated on the website, the goals of the database program are to:
Include the full label information from all of the dietary supplement products marketed in the U.S. with a Web-based user interface that provides ready access to the data;
- Serve the broader research community that has expressed the need for a DSLD;
- Serve as an educational and research tool for students, academics, other professionals, and potentially, health care providers and the public.
The NIH intends to expand the purpose of this database for research purposes, to be able to study the trends in dietary supplement product availability.
The ODS has already made available the My Dietary Supplements (MyDS) app available, at https://myds.nih.gov which allows consumers to keep track of vitamins, minerals, herbs, and other products being taken, and has science-based information on dietary supplements. This app is not in I-Tunes, so go straight to the website to download. We have double-checked and confirmed the ODS is NOT collecting any information about what you input to the APP. They do ask for your email so they can notify when there are updates.
Sunshine Health Freedom Foundation will alert you if Senator Durbin decides to move forward on his legislation. Every American who uses supplements needs to be engaged in protecting our access. In the mean time, please sign up here to be added to our mailing list.
Linda Kantor has volunteered to organize the state to pass a Health Freedom bill. She is looking for people to help.
Sunshine Health Freedom State Coordinator
2013 – Safe Harbor bill soon to be introduced
2012 – LRB-2331 Safe Harbor bill
2011-12 – LRB 0253/1 Dietitian Licensing bill
Opposed and defeated
2010 – AB440, S115 Dietitian Licensing bill
Opposed, bill defeated
2009 – SB 115 Dietitian licensing bill
2009 – Safe Harbor Exemption health freedom bill
Supported; Not passed.
2008 – SB394 Dietitian licensing bill
The Wisconsin November 2010 election resulted in Republicans gaining control over all three branches of government. Democrats previously held the majority. The Wisconsin Health Freedom Coalition (WIHFC) changed lobbyists and retained a highly respected lobbying firm, the Essie Kammer Group and Patrick Essie and his staff provide WIHFC with many resources and input for our legislation.
WIHFC introduced the Consumer Access to Wellness Choices legislation during the 2011 to 2012 session. The consumer access to wellness bill would protect the rights of herbalists, naturopaths, homeopaths, and natural health care practitioners to practice without being charged with practicing medicine without a license and will protect consumer access to these practitioners.
With Diane Miller’s expertise, Wisconsin has drafted the bill, and introduced it with Senator Terry Moulton (R) the lead sponsor on this legislation for WIHFC. It did not pass.
Spring 2010, Wisconsin successfully defeated a very restrictive Dietitian Licensing bill (AB440, S115) that would have been a direct infringement on free speech. Wisconsin leaders worked hard to educate legislators about the broad array of health care services that would be negatively impacted by the Dietitian licensing bill. In addition, they were prepared to introduce a health freedom bill to protect consumer access to traditional practitioners.
In 2008 and 2009, the Wisconsin Health Freedom Coalition also defeated a dietitians’ bill with their lobbyist. At the end of November, 2009 WHFC members met with Susan Gingerich for an afternoon of grassroots lobbying training. The slides for that meeting are available for any state.
The Dietitian bills would make it illegal for unlicensed persons to practice nutrition care services, which are defined very broadly to include much of what nutritional consultants and nutrition practitioners do that are not licensed currently. The health freedom community will remain mobilized to defeat any such bills.
Sunshine Health Freedom State Coordinators
911 Oviatt St.
Kaukauna, WI 54130
Wisconsin Health Freedom Coalition
Phones: 715-452-5544 or 715-271-0168