National Health Freedom Action supports the passage of Safe Harbor bills in states that do not currently have them. What are Safe Harbor laws? Safe Harbor laws protect access to complementary and alternative health care practitioners who do not hold state occupational licenses and who practice in the public domain. These practitioners use a broad range of health care and healing modalities, and they include herbalists, traditional naturopaths, Ayurveda practitioners, energy healers, wellness consultants, homeopaths, body workers, culturally specific healing practices, and many more.
Giving A Child Chicken Soup Can Violate Medical Practice Acts.
States have medical practice acts, laws that prohibit the practice of medicine without a license. The problem begins when the “practice of medicine,” as defined in these medical practice acts, is so broad that it prohibits healing actions like providing over-the-counter medicine to a sick child or feeding that child chicken soup.
As an example, Florida defines the “practice of medicine” as “the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.” Fla. Stat. § 458.305(3) (2005).
When an unlicensed practitioner “practices medicine” by, for example, treating someone’s pain through Reiki, or by providing a healing herb, this can violate the medical practices laws of that state. The medical practice acts provide for various punishments for infringements of these laws. Using Florida as the example, “The practice of medicine or an attempt to practice medicine without a license to practice in Florida” is a felony in the third degree, punishable by prison time not to exceed 5 years, and such other punishments as fines. Fla. Stat. § 458.327(1)(a) (2005).
No Need For A License When The Practice Does Not Pose An Imminent Danger.
Historically these complementary and alternative health care practitioners have been unfairly charged with the practice of medicine without a license. States, through their police powers, have the right to require licenses to protect the safety and welfare of their citizens.
They do not have the constitutional right, however, to require licensing of practices that do not pose an imminent risk of harm to the public’s health and safety. The broad range of healthcare and healing practitioners covered by Safe Harbor laws do not pose an imminent risk of harm to the health and safety of the public.
People Want Natural Healing, And The Economy Benefits.
Alternative health practitioners provide vital services to consumers and reduce the health care burden on mainstream health services. Research from 2016 indicates that 49% of Americans utilize complementary and alternative health care options1 and that use of these options in 2025 is only rising.2 Consumers spend $30 billion3 annually out-of-pocket on complementary and alternative products and services. Not only do the practitioners need protection, but the consumers need protection of their access!
The complementary and alternative health care industry supports thousands of families, while providing safe and beneficial options to the public.
Safe Harbor Provides Exemptions To The “Practice Acts.”
Safe Harbor bills and laws exempt complementary and alternative practitioners from these medical practice acts if they avoid prohibited acts, such as breaking the skin, and mandatory disclosures of the nature of their services. This provides benefits for the consumer as it increases practitioner disclosure to the consumer.
Prohibited acts also include practices reserved exclusively for licensed professions, such as prescribing drugs, administering radiation, or performing surgery. Required disclosures include professional contact information, description of the service, credentials and qualifications, confidentiality statement, and more.
Eleven Safe Harbor States
Eleven states now protect consumer access to these practitioners on some level including Oklahoma, Idaho, Minnesota, Rhode Island, California, Louisiana, New Mexico, Arizona (limited exemption for homeopaths only), Colorado, Nevada, and Maine. Eighteen additional states have introduced similar legislation within the past ten years, including Connecticut, Florida, Georgia, Hawaii, Iowa, Maryland, Massachusetts, Michigan, Montana, New York, North Carolina, North Dakota, Ohio, Texas, Utah, Virginia, Washington, and Wisconsin. More states are preparing to do so in the future.
New Safe Harbor Bills Filed In 2025-26 Massachusetts Legislative Session.
Bills SD.1950/HD.2558: “An Act Providing for Consumer Access and the Right to Practice Complementary and Alternative Health Care Services” have been filed for the current legislative session by Senator Nick Collins in the Senate, and Representative Brian Murray in the House.
This is the sixth time this bill or a similar one has been filed to protect alternative medicine access in Massachusetts. We must be vigilant to ensure Massachusetts residents continue to enjoy the vast and thriving network of alternative medicine providers in this state. Email carol@spiritofchange.org to help with efforts in Massachusetts to pass legislation. Let’s increase alternative medicine access, not limit it!
A simple email or phone call to your legislator is all you need to do. Let them know access to alternative medicine is important to you, and you want to ensure as many practitioners as possible can safely practice in the state. This will provide the most choice and lowest cost for alternative medicine services to you. Thank you!
National Health Freedom Action helps state groups that want to pass laws that protect health freedom. NHFA’s team of attorneys and advocates work with citizen groups, small and large, to provide the training, support, and tools, to help them succeed in their wish to protect health freedom. If you have a committed group of individuals wanting to change the laws in your state, please email info.nhfa@nationalhealthfreedom.org to set up an exploratory conversation.
Notes
1 Pew Research Americans’ health care behaviors and use of conventional and alternative medicine, Survey of U.S. adults conducted May 10 – June 6, 2016 http://www.pewresearch.org/science/2017/02/02/americans-health-care-behaviors-and-use-of-conventional-and-alternative-medicine/
2 https://www.nccih.nih.gov/news/press-releases/nih-analysis-reveals-a-significant-rise-in-use-of-complementary-health-approaches-especially-for-pain-management
3 NIH, Expenditures on Complementary Health Approaches: United States, 2012 NATIONAL HEALTH STATISTICS REPORT (June 22, 2016): https://www.cdc.gov/nchs/data/nhsr/nhsr095.pdf
Find holistic Energy Healing And Medicine practitioners in the Spirit of Change online Alternative Health Directory.
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