Past State Reports

Legislative Action

While the Coalition for Natural Health was again successful in the 2008 legislative session in defending the natural health freedom rights of consumers and practitioners, we anticipate much work again during the 2009 session — as we expect restrictive licensure bills will be presented again by our adversaries in several states. As always, if your home state is not listed in this update, then no legislative battles were waged in your area. However, particularly for those states in which new battles are predicted for future sessions, get your pens, stamps, e-mail lists, and phones ready for action. We need your help!

Congratulations Minnesota, California, Rhode Island and Louisiana!

Colorado

Colorado was a hotbed of activity in 2008 with three pieces of legislation considered by the legislature involving natural health: 1) Restrictive naturopathic medical licensing; 2) Restrictive massage therapy licensing, and; 3) Proactive health freedom. Most of The Coalition’s energy and effort was spent on defeating House Bill 1064, a restrictive bill to license naturopathic physicians, introduced by Representative Jeanne Labuda, DDenver, on January 9. Because the bill would have benefited fewer than 50 natural health practitioners, and adversely affected thousands, we vigorously opposed this bill. HB 1064 was assigned to the House Health and Human Services Committee chaired by Representative Anne McGihon, D-Denver, who co-sponsored the bill, again this year. With the chair of the committee in full support of HB 1064, The Coalition and its allies had its work cut out to defeat this restrictive legislation. Those in opposition included The Coalition for Natural Health, Colorado Academy of Family Physicians, Sunshine Health Freedom Fund, Colorado Health Freedom, and others. Executive Director, Boyd Landry, was a key member of the team testifying in opposition to the bill. The hearing ended without action as the chair announced that she was going to meet with the Colorado Medical Society (CMS) to discuss the bill and possible amendments to the bill sought by CMS.

After several meetings between CMS and the sponsors, the bill was scaled back enough so CMS could move to a “neutral” position, but not enough to satisfy the remaining opposition including The Coalition. At the conclusion of a March 6 hearing, the chair of the committee, Representative McGihon knew that the votes were not there to pass the bill out of committee so she laid the bill over to the next Monday. The bill died on the following Monday by a vote of 7-6. We of The Coalition would like to extend our appreciation to the committee members who recognized the harm that this bill would have caused, and consequently voted against it. We fully expect another licensing bill to be introduced in 2009.

Unfortunately, House Bill 1158 introduced by Representative Wes McKinley, D-Walsh, the Colorado Health Freedom Act, was postponed indefinitely by the House Health and Human Services Committee on February 4, 2008. While we are disappointed, we recognize the issues of concern and are working to resolve them for the legislative session in 2009.

Idaho

Just when we thought Idaho was settled, Senate Bill 1425 was introduced by the Senate Committee on Health and Welfare on February 11, 2008. The bill, as introduced, would have transformed the law from what was an agreeable, accommodating law under which all natural health practitioners benefited, to a restrictive licensing law favoring “naturopathic physicians.” The bill progressed quickly through the Senate and The Coalition jumped into the fray with both feet to protect the language in the bill that allowed for multiple pathways to licensure. With the help of the Idaho Coalition for Natural Health and others, the bill was amended, thus minimizing the effect on the law in Idaho. We will continue to monitor the activities of the Board of Naturopathic Medical Examiners as they work towards promulgation of rules.

Minnesota

The state of a thousand lakes returned to the natural health legislative debate for another year. House Bill 1724, a restrictive licensing bill, introduced by Representative Neva Walker, DFL-61B, passed the legislature after a long and contentious battle. Boyd Landry attended and provided testimony to a number of the legislative committees that considered the bill. The Coalition and its allies successfully amended the bill—originally a licensing bill—to a registration bill, reduced the penalty for unlawful use of title from a gross misdemeanor to a misdemeanor, extended the date of implementation to July of 2009, and created a work group which will study the impact of the bill on the natural health community. We will monitor the activities of the work group and evaluate its potential impact on consumers and practitioners in Minnesota.

Maryland

The Coalition watched with anticipation as Senator Rob Garagiola, D-15, introduced Senate Bill 884, an ambitious (and much-needed) health freedom bill designed to regulate certain complementary and alternative health care services by providing consumer disclosure and prohibited acts. In March, the bill was heard by the Senate Committee Education Health and Environmental Affairs, where committee members gave the bill an unfavorable report. We are hopeful that this bill will make further progress in 2009, and The Coalition will be there to assist in any way that we can.

Tennessee

The Tennessee State Legislature entertained two identical restrictive licensing bills this session. Senator Tim Burchett, R- 7, introduced Senate Bill 236 and Representative Sherry Jones, D-59 introduced House Bill 1176. Both bills were assigned to policy committees in their respective chambers. Fortunately, wisdom prevailed… neither were heard in committee and they eventually died when the legislature adjourned. We expect similar legislation to be introduced in 2009.

New York

We were active again in New York with three bills that carried over from 2007 that would have provided for the licensure of “naturopathic physicians.” Assembly Bill 4966 was introduced by Assembly Member Sam Hoyt, D-144, Assembly Bill 5176 was introduced by Assembly Member Nick Perry, D-58, and Senate Bill 2790 was introduced by Senator Kenneth LaValle, R-1. This ill-advised bill would have prohibited thousands of traditional naturopaths from making a living, to the benefit of a handful of handful of would-be “naturopathic physicians.” In light of this injustice, The Coalition worked aggressively, and succeeded in defeating all three bills.

SB 2790 passed the Senate Committee on Higher Education in February of last year and was sent to the Senate Floor for action. The bill failed to be heard before the legislature adjourned, effectively killing the bill. The Coalition successfully thwarted an attempt by the proponents of AB 4966, a companion bill of SB 2790, to pass the bill in the Assembly by generating enough opposition that Assembly Member Sam Hoyt removed the bill from the policy committee agenda. We will continue to monitor the legislature for the remainder of this year and 2009.

Louisiana

The Louisiana Health Freedom Coalition took steps in 2008 to build upon the success in 2005 when this stellar organization helped pass Senate Bill 189. Senator Sharon Weston Broome of Baton Rouge stepped up to the plate and introduced Senate Bill 119, a bill to further define “lifestyle modifications” by clarifying the lines between lawful and unlawful practice. The bill overwhelmingly passed the legislature and was signed by the Governor. We are delighted by the passage of this legislation and the excellent work of Cynthia Reed and everyone else at the LHFC. CONGRATULATIONS!!!

North Carolina

North Carolina has been a hotbed of activity this year with three pieces of legislation being considered. Senate Bill 1080, introduced by Senator Eleanor Kinnaird, D-23, and House Bill 969, introduced by Representative Dewey Hill, D-20, are restrictive “naturopathic medical” licensing bills. It appears that the proponents of these bills are using this legislation to take over the entire natural health industry in the state, thus destroying the businesses of thousands of practitioners who offer valuable services to the citizens of the state. Although both bills were assigned to their respective policy committees, neither bill received hearings apparently due to their lack of redeeming qualities and both bills died when the legislature adjourned.

We were encouraged that health freedom legislation was on the legislative agenda this year in the form of House Bill 1358, introduced by Representative Earline Parmon, D-72. Unfortunately, HB 1358 failed to get a hearing and died when the legislature adjourned. We intend to offer our expertise and resources to support this important piece of legislation in 2009.

Virginia

House Bill 784, a misguided bill that would have licensed “naturopathic physicians,” was introduced by Delegate Terry Kilgore of Gate City and Senator Philip Puckett of Tazewell. At the last minute, the bill was removed from the House Committee on Health, Welfare, and Institutions. The issue is under review for the remainder of the year and is expected to be reintroduced in 2009.

Wisconsin

Wisconsin is the newest state to enter the health freedom debate. A special interest group succeeded in introducing monopolistic legislation to license dietitians and nutritionists. Senate Bill 394 was introduced by Senator Tim Carpenter, DMilwaukee. The Coalition partnered with citizens of the state, state organizations, and other national organizations to defeat SB 394. The Coalition expects legislation to be introduced next year and we will be monitoring activities.

Missouri

The “Show Me” state saw a moderate amount of activity this year. We received word of attempts by licensing proponents to attach amendments to bills moving through the legislative process. Fortunately, The Coalition and its allies stopped an attempt by proponents. We expect licensing proponents to introduce legislation again in 2009.