What are Safe Harbor Practitioner Exemption Laws and Why Do You Want One?

More and more people want to go to complementary and alternative health care practitioners for their health concerns, either simultaneously while going to their medical provider, or even instead of going to their conventional provider.  But in many states, it is difficult to easily find complementary and alternative health care practitioners because they are prohibited from practicing in that particular state under state law. National Health Freedom Action (NHFA) can explain this dilemma and if you want change in your state, can help you organize to change the laws!

The basic problem in many states is that herbalists, homeopaths, traditional naturopaths, reiki practitioners, iridologists, and so many other complementary and alternative health care practitioners and healers do not hold conventional health care professional licenses like licensed medical doctors, doctors of osteopathy, nurses or chiropractors to name a few. But these complementary and alternative health care practitioners providing very sought after services can be legally vulnerable to criminal charges under state professional licensing laws that include criminal charges for practicing without a state professional license. The licensing laws are often very broad and require any person who is helping another person with a health condition to have a state professional license.

For example, in California the “practice of medicine” is defined as:

“Any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person…” (CA Stat. Sec. 2052).

Arguably, this definition is so broad that even doing something like putting a Band aid on a child to treat their skinned knee would be a crime, i.e., “practicing medicine without a license.”   

NHFA’s solution to this problem is having a state Safe Harbor practitioner exemption law designed to exempt complementary and alternative health care practitioners from criminal laws. An exemption law provides a safe harbor from criminal prosecution as long as a practitioner is avoiding a list of prohibited acts spelled out by the state, and as long as the practitioner provides their clients with proper disclosure information about themselves and the nature of their services. These new laws maintain consumer protection while opening up access to all of the healing arts. Eleven states have now passed protective Safe Harbor practitioner exemption laws which allow freedom for consumers to find the practitioners of their choice and follow their own healing journey.

NHFA and its sister organization National Health Freedom Coalition (NHFC) are dedicated to helping educate the public about the need for protective new laws and public policy and supporting groups in states who wish to pass these laws! NHFA legal staff works with state groups, providing consultations on health freedom legal issues and legal research, assisting state leaders with drafting and lobbying new legislation unique to their states’ needs, and providing invaluable consultation to groups regarding the complex issues of increased access to the healing arts.

NHFA would love to support you!  Health can be realized for America when laws are changed to allow each person to choose the healthcare they like, whether by access to practitioners, therapies and products, environments, foods, nutrients, or other ways to promote health. Let’s seize this moment of increased attention on health freedom reforms to create a future of health and wellness for ourselves, our children, and our grandchildren! Contact NHFA today to learn how to help in your state!