Political history of herbal medicine in the US: Part II

1. Political History of Herbal
Medicine in US
Part II
Michael Tims, PhD

2. Where We are Today
Consumer driven revival:
• Almost 50% of US consumers want alternative care
• Herbal supplements industry alone worth $65 billion
• Licensing exists for acupuncturists, naturopaths,
• nutritionists, and wellness counselors

3. What would it look like for herbalists to
be recognized as health practioners?
• Legal recognition
• Consumer access
• Consumer confidence

4. Herbal/Alternative Medicine today
• Increasing use
• Increasing visibility
• Increasing research
• Limited by legal issues originating 100 years ago
• Important to question the history of herbal medicine to uncover
the bones of how decisions got made

5. Consumers Looking for Alternatives
• Effective treatment for chronic diseases of day
• Access to worldwide health information
• Individualized therapy
• Promotion of self-care, empowerment, participation in healing
process
• Minimized adverse effects
• Lower costs
• Paradigm shift to Wellness

6. Federal Protection Healthcare Consumers
• In general, Bill of Rights protects citizens from federal
encroachment
• So far, courts have not agreed that we have a constitutional right
to medical care of our choice
• The 14th amendment appears to be more fertile ground with
focus on privacy rights translated to autonomous decision-
making about health care

7. State Regulation of Medicine
• Regulate the “Practice of Medicine”
• Maryland (1888) licensed only graduates of med school or those
passing licensing exam
• Today specific definition based on licensing by Board of
Physicians or health profession
• Several licensed practitioners are allowed to practice herbal
medicine – naturopaths, chiropractors, acupuncturists and
physicians

8. Health Freedom Laws
Protect alternative and complementary medicine practices
(including herbalists)
• Don’t conduct clearly medical practices (surgery)
• Don’t harm
• Don’t pretend to be a physician or licensed
• Disclose education, training and services to clientele
Has not been passed in Maryland, Virginia or Deleware

9. Health Freedom Laws Passed
2015 Nevada
2013 Colorado
2009 New Mexico
2008 Arizona
2005 Louisiana
2003 Rhode Island
2001 California
1999 Minnesota
1994 Oklahoma
1976 Idaho

10. Health Freedom Bills
• Protect consumers
• Eliminate prosecutions for practicing without a license
• Paradigm shift away from supremacy of physician expertise and
control of health care choices
• Embracing patient responsibility for wellness
Still, why is there no licensing apparatus for herbalist?

11. Practice - Language
• Diagnosis or treatment – don’t use
o Instead we assess physiological function rather than
diagnose pathophysiological conditions (disease)
• Prevent
o We promote and maintain wellness

12. Informed Consent-Full Disclosure
• Services to be provided
• Background on training and experience
• Roles and responsibilities in practitioner-client relationship
• Does not take the place of appropriate medical care

13. California Provision: Full Disclosure
• Practitioner is not a licensed physician
• Therapy is alternative
• Services to be provided are not licensed by the state
• Description of the nature of services to be provided
• The theory of treatment upon which therapies are based
• Educational background and experience regarding services to be
provided
• Obtain written acknowledgement from client that they have
been provided with aforementioned info

14. GMP Requirements
• This is a whole other discussion