The Online Publication of the Reiki University
A Closer Look: New York State’s “Bad
Bills” - A 8704 and S4857 Your Strong, Vocal, Immediate Opposition is
Urged!!
A8704 and S4857 are proposed bills which contain punitive regulatory
provisions which would affect all unlicensed New York State healers
who are not currently regulated for modalities which even according
to bill supporters “do no harm.”
These bills affect all New Yorkers, our right to practice, teach, heal,
and receive self-empowering healing modalities, including spiritual healing,
yet most New Yorkers have not been consulted on and/or do not know about
these bills.
The bills are 13 pages long and the full text (portions
are quoted directly below) may be found on the following websites (for
A8704): http://assembly.state.ny.us (for S4857): http://senate.state.ny.us
These bill(s) cover the following “catch all” of undefined, unlicensed
healing modalities which are lumped together and all
would be negatively affected by punitive regulatory measures against
healers (which constitute 11 out of 13 pages of the bills):
“COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
PRACTICES” MEANS THE BROAD DOMAIN OF COMPLEMENTARY AND ALTERNATIVE HEALING
METHODS AND TREATMENT INCLUDING, BUT NOT LIMITED TO:
ACCUPRESSURE; ASIAN HEALING PRACTICES; ANTHROPOSOPHY; AROMA THERAPY; AYURVEDA;
BODY-MIND CENTERING; CRANIAL SACRAL THERAPY; CULTURALLY TRADITIONAL HEALING
PRACTICES; DETOXIFICATION PRACTICES AND THERAPIES; ENERGETIC HEALING;
FLOWER ESSENCES; FOLK PRACTICES; GERSON THERAPY; HEALING PRACTICES UTILIZING
HEAT, COLD, WATER, COLOR, TOUCH AND LIGHT; HEALING-RELATED KINESIOLOGY;
HEALING TOUCH; HELLERWORK; HERBOLOGY OR HERBALISM; HOMEOPATHY; IRIDOLOGY;
JIN SHIN THERAPY; MIND-BODY HEALING PRACTICES; NATUROPATHY; POLARITY THERAPY;
QI GONG; REFLEXOLOGY; REIKI; ROLFING; SHIATSU; TRAGER APPROACH; SOMATIC
PRACTICES OF MOVEMENT THERAPY; STRUCTURAL INTEGRATION; TOUCH FOR HEALTH;
TUINA; YOGA; OR ANY COMBINATION OF SUCH PRACTICES.
PLEASE NOTE: Harmless
spiritual healing modalities are lumped together with modalities
for which the people of the state of New York State currently enjoy important
protections against the practice of medicine without a license
which this bill would water down (see below).
And, under the guise of “consumer protection” and in
a climate of fear (which is being exacerbated and used by one small group
to achieve passage of these bills to an agenda and without proper public
examination of the consequences of the bills themselves), unlicensed healers
practicing modalities which may require nothing more than an exemption
from or modification of current New York Massage Law (through legal amendment
to this law) are being asked to support a bill which would institute harsh
regulatory penalties affecting their practices and that of all
other unlicensed healers.
These bills would negatively impact BOTH the consumer’s
right to affordable healing empowerment AND THE HEALER’S RIGHT TO
PRACTICE SPIRITUALLY BASED NON MEDICAL HEALING ARTS WHICH DO NOT HARM
, WHICH HAVE NEVER BEEN DEMONSTRATED TO NEED PUNITIVE REGULATION,
OR THE ESTABLISHMENT OF A CLIMATE OF PERVASIVE LEGAL INTIMIDATION ,
LOSS OF CIVIL AND CONSTITUTIONAL RIGHTS, AS PROPOSED IN BILLS A8704 AND
S4857.
Why Build A “Hammer” For
New York State Regulators
To Regard All Unlicensed Healers as a “Nail”?
Many of the practitioners of the above healing arts
have never been regulated, nor do they require regulation (as these
modalities have never been shown to do any harm to the public and
the practice and teaching of these modalities concerns spiritually
protected First Amendment rights, and/or native American Treaty rights--to
practice “CULTURALLY TRADITIONAL HEALING” see categories above).
Furthermore, there has been a punitive past history
regarding such regulation of licensed medical professionals through
the office of the Health Commissioner (the same state regulatory agency
is specified to regulate unlicensed healers in bills A8704 and S4857):
The Following email was received
from a consumer/activist concerned about how the NY Health Commissioner
is currently regulating licensed medical practitioners after the passage
of the New York Complementary and Alternative Health Care Bill.
(A8704 and S4857 are intended to be an “extension of this bill” to unlicensed
complementary and alternative healers):
<< Dear Ellen,
Sorry for the lengthy message, Basically Good
doctors using good sound science (without a hidden agenda), are being
shut down by a sector of the Health Dept. known as the "Office of
Professional Medical Conduct." This office is out of control and
they are destroying peoples lives.
We are trying to get this consciousness out there.
Basically reforming the way they function.
We still need the OPMC office to weed out the real bad doctors but
it has been discovered they are not doing the proper job.
Your thoughts, Mark >>
Public
Information: A8704, S4857
New York Voters were Not Consulted on These “Bad” Bills
Please Note: Practitioners of the healing
arts listed in A8704 and S4857 have never been consulted as to our needs
and/or requirements regarding the passage of these bills (or even if these
bills are needed at all), nor have consumers in New York state been consulted.
One small, private group of supporters (who have refused
to publicly identify themselves as individuals or to name their leaders
and who, nevertheless, continue to solicit public contributions in order
to fund a lobbyist to supersede the legitimate rights and concerns of
all empowered New York healers and consumers) claim to represent New York
“consumers” and “unlicensed healers” in proposing the passage of this
ominous legislation.
No Public Hearings, No Information To Healers Or Consumers
There have been no public hearings, no input at all
by most practitioners or consumers in New York State regarding the serious
punitive regulatory provisions of these bills which constitute 9/10ths
of these bills.
Nevertheless, one small group insists on ramming through
this legislation at top speed without consideration of the consequences
to healers and consumers, without consulting the citizens of New York
State or the healers whom this legislation proposes to regulate through
punitive provisions which would compromise basic civil and U.S. constitutional
rights to privacy, presumption of innocence, first, fourth and
fifth amendment protections presently guaranteed to all unlicensed healers
which would be superseded by the explicit provisions of bills A8704
and S4857 (see below, direct quotes from the proposed bills).
YOU MAY
ASK: WHERE IS THE EVIDENCE IN COURT CASES, ETC. THAT THIS
PUNITIVE LEGISLATION IS NECESSARY
TO PROTECT THE CONSUMERS OF NEW YORK STATE
FROM NON MEDICAL UNLICENSED HEALING MODALITIES
WHICH DO NO HARM?
Please
Note:
The Costs of A8704 and S43857 To Healers, Consumers
If these bills are passed, the burden of proof of a healer’s innocence,
and the costs of defense against easily filed consumer complaints (even
anonymous false or malicious complaints) would be the personal responsibility
and at the (considerable) financial expense and burden on the unlicensed
alternative healer or teacher.
This would drive up the cost of alternative healing,
and/or require expensive malpractice insurance and could drive gifted
and talented healers and teachers from the practice of alternative healing.
The cost of administering the punitive provisions
of these bills would fall squarely on New York State taxpayers or have
to be collected from fines levied against healers prosecuted through
the provisions specified in A8704 and S4857, making these bills an expensive
waste of taxpayers’ monies in a time of austerity and budget shortfall,
as the healing modalities covered by the bills do not harm.
And, adequate provisions exist under current
New York State Law to protect consumers from abuse, fraud and/or criminal
statutes protecting against the practice of medicine without a professional
license.
Some of
A8704 and S4857’s punitive provisions against individual healers are as
follows:
“THE STATE OFFICE SHALL EMPLOY INVESTIGATORS WHO SHALL INVESTIGATE
ANY COMPLAINTS MADE AGAINST AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTITIONER TO THE EXTENT NECESSARY TO DECIDE WHETHER THERE
ARE REASONABLE GROUNDS TO BELIEVE THAT A PRACTITIONER SUBJECT TO THE PROVISIONS
OF THIS ARTICLE HAS ENGAGED IN PROHIBITED CONDUCT.”
“THE INVESTIGATOR SHALL RECOMMEND TO THE COMMISSIONER THE DISCIPLINARY
ACTION TO BE TAKEN”
Search
and Seizure of Healer’s Property and “Records” and Person:
“DISCOVERY; SUBPOENAS. THE COMMISSIONER MAY ISSUE SUBPOENAS
AND COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION
OF ALL NECESSARY PAPERS, BOOKS, RECORDS, DOCUMENTS AND OTHER
EVIDENTIARY MATERIAL. ANY PERSON FAILING OR REFUSING TO APPEAR
TO TESTIFY REGARDING ANY MATTER ABOUT WHICH THE PERSON MAY BE LAWFULLY
QUESTIONED OR FAILING TO PRODUCE ANY PAPERS, BOOKS, RECORDS, DOCUMENTS
OR OTHER EVIDENTIARY MATERIALS IN THE MATTER TO BE HEARD, AFTER HAVING
BEEN REQUIRED BY ORDER OF THE COMMISSIONER TO DO SO MAY, UPON APPLICATION
TO THE SUPREME COURT, BE ORDERED TO COMPLY WITH THE ORDER OR SUBPOENA”
Presumption
of Healer’s Guilt, Not Innocence:
“IF THE PRACTITIONER FAILS TO REQUEST A HEARING BY NOTIFYING THE COMMISSIONER
WITHIN THIRTY DAYS AFTER SERVICE OF THE NOTICE OF THE PROPOSED ACTION,
THE COMMISSIONER MAY PROCEED WITH THE ACTION WITHOUT A HEARING”
And, in days of slow U.S. mail and “sewer” summons service, please
note the following:
“IF WITHIN FIFTEEN DAYS OF PERSONAL SERVICE OF THE ORDER, THE
SUBJECT OF THE ORDER FAILS TO REQUEST A HEARING IN WRITING, THE ORDER
SHALL BE THE FINAL ORDER OF THE COMMISSIONER AND SHALL NOT BE SUBJECT
TO REVIEW BY A COURT OR AGENCY”
A8704 Supersedes
Fifth Amendment Rights
To Protection Against Self Incrimination:
“IF AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER
REFUSES TO GIVE TESTIMONY OR PRODUCE ANY DOCUMENTS, BOOKS, RECORDS OR
CORRESPONDING EVIDENCE ON THE BASIS OF THE FIFTH AMENDMENT
TO THE CONSTITUTION OF THE UNITED STATES, THE COMMISSIONER MAY COMPEL
THE UNLICENSED PRACTITIONER TO PROVIDE THE TESTIMONY OR INFORMATION”
Loss
of Medical Privacy For Healers:
“THE COMMISSIONER MAY ISSUE AN ORDER DIRECTING THE PRACTITIONER
TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION OR CHEMICAL DEPENDENCY
EVALUATION”
AND LAST BUT NOT LEAST:
“THE COMMISSIONER MAY....OBTAIN MEDICAL DATA AND HEALTH
RECORDS RELATING TO AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTITIONER WITHOUT THE PRACTITIONER’S CONSENT”
The Onus
Is On The Healer, and At the Healer’s Expense:
“CHALLENGES TO REQUESTS OF THE STATE OFFICE MAY BE BROUGHT BEFORE THE
APPROPRIATE AGENCY OR COURT”
Please
Note, Under A8704 and S4857:
How a Healer Finds (False) Anonymous Complainants
or Terminates Dysfunctional Clients From His/Her Practice:
The Healer is PROHIBITED From Using Information Obtained
For Any Other Purpose
(Such as: Informing Fellow Healers that A Client has Sexually
Abused, Intimidated or Molested Or Attacked the Healer!!):
“DATA
ON A COMPLAINANT, EXCEPT WHEN THE UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE SERVICE PROVIDER HAS FILED WITH THE STATE OFFICE A
SWORN AFFIDAVIT OR AFFIRMATION UNDER PENALTY OF PERJURY
ALLEGING FACTS WHICH, IF SUBSTANTIATED, WOULD TEND TO SHOW THAT
THE COMPLAINANT FILED THE COMPLAINT KNOWING THAT THE COMPLAINT HAD
NO SUBSTANTIAL FOUNDATION IN FACT, OR FILED IT WITH RECKLESS DISREGARD
FOR WHETHER OR NOT IT WAS SUBSTANTIALLY FOUNDED, IN WHICH CASE, THE NAME
AND ADDRESS OF THE COMPLAINANT SHALL BE FURNISHED TO THE UNLICENSED
COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PROVIDER FOR THE SOLE
PURPOSES OF ALLOWING SUCH PROVIDER TO COMMENCE LEGAL ACTION AGAINST THE
COMPLAINANT AND TO TERMINATE THE HEALTH CARE RELATIONSHIP, IF
ANY, WITH THE COMPLAINANT AND SUCH INFORMATION SHALL NOT BE USED
FOR OTHER PURPOSES.”
Keeping
of Files on Individual Healers:
“THE STATE OFFICE SHALL MAINTAIN AND KEEP CURRENT FILES CONTAINING
THE REPORTS AND COMPLAINTS FILED AGAINST UNLICENSED COMPLEMENTARY HEALTH
CARE PRACTITIONERS WITHIN THE COMMISSIONER’S JURISDICTION”
It seems, these bills were drafted in a “dark
closet,” without scrutiny or input from the majority of New York’s
unlicensed healing community, or from spiritual healers who would be negatively
affected by this punitive law.
None but a small group which has tried to manipulate
all unlicensed healers into passage of these bills (through a fear based
campaign of intimidation which has split the healing community) has ever
been consulted regarding this unwise legislation. Yet, this one
group is attempting to push their private agenda (of watering down current
legal protections of New York State law against the practice of medicine
without a license--see below) on all citizens of New York State, on
all people who heal in faith, who do no harm.
Christian Science is covered by these bills,
unnamed and unspecified healing modalities are
covered by these bills, Reiki, yoga, tai chi and self empowerment
modalities, native American healing is covered, Anthroposophy
(Rudolph Steiner methods) are included, yet, no evidence exists that people
who actually practice or utilize these (and other modalities) covered
by these bills have ever been contacted or consulted to ascertain their
needs (if any) for this legislation.
Most healing arts listed in these bills are taught,
practiced and publicly advertised quite openly, legitimately and safely
in New York State and do not now (and have never) required any punitive
regulatory legislation in order to be practiced. Spiritual healing
practices, such as prayer, Reiki, Qi Gong, yoga laying on of hands healing,
for stress relief have been practiced safely without needing any
legislative regulations over thousands of years without
doing any harm. How can anyone justify that (spiritual) healing,
energy work or exercise practices, such as these, now need punitive regulation,
as specified in A8704 which would effectively supersede protected First
Amendment rights to spiritual practice?
Provisions Exist In New York State Law to Protect Consumers Against
Practice of Medicine Without a License
A8704 and S4857 Water Down These Protective Provisions
Those healing arts which presume to “diagnose and/or
treat illness” or “prescribe” healing substances are currently regulated
and constitute “practice of medicine without a license” in New York State
unless practiced by a licensed health care professional or under the supervision
of a medical doctor. And this is an entirely proper and appropriate
(sic) requiring state supervision for this type of healing, as
only a qualified licensed medical professional can insure that a person
with serious disease process is not being improperly “dosed” with an inappropriate
or ineffective nostrum or remedy in lieu of a full medical understanding
of the ramifications of serious or potentially life threatening conditions
or disease processes. These processes may be present in a patient or client
which an unlicensed healing practitioner is untrained and incompetent
to identify “screen” or “treat” without being trained as or supervised
by a licensed medical professional.
A8704 and S4857 clearly state:
“COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES SHALL NOT INCLUDE
PROVIDING A MEDICAL DIAGNOSIS OR RECOMMENDING THE DISCONTINUANCE OF LEGEND
DRUGS PRESCRIBED BY A LICENSED HEALTH CARE PRACTITIONER, NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, AN UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTITIONER MAY PROVIDE PERSONAL CONSULTATIONS AND SCREENINGS
BASED UPON THE PRACTITIONER’S METHOD OF COMPLEMENTARY AND ALTERNATIVE
CARE; MAY MAKE ASSESSMENTS OF THE CLIENT’S HEALTH PROBLEMS AND
CONCERNS AS THEY RELATE TO THE UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTITIONER’S METHODS OF PRACTICE; AND MAY MAKE RECOMMENDATIONS
FOR THE USE OF COMPLEMENTARY OR ALTERNATIVE HEALTH PRACTICE METHODS OR
TREATMENTS IN ACCORDANCE WITH THE CONSULTATION,
SCREENING AND ASSESSMENTS OF THE PRACTITIONER.”
You may well ask how this provision “protects” a client/consumer
with an undiagnosed, unmetastisized cancer or other serious illness whose
“complaint” is first “screened” and/or “treated” by a non medical healer
who may delay the diagnosis and/or medical treatment of serious undiagnosed
disease and how this may affect the client/patient’s outcome for survival.
IF PASSED INTO LAW, PUNITIVE PROVISIONS OF A8704 AND S4857 WILL
BECOME A PERMANENT PART OF NEW YORK STATUTE
FOR ALL OF THE ABOVE REASONS AND MORE,
ALL HEALERS AND CONSUMERS MUST UNIFY
TO OPPOSE PASSAGE OF A8704 AND S4857
Please express your strong, vocal opposition
(see below) to these “bad” bills, which seek to lump all spiritual healing
arts which do not harm with those which constitute the “practice of medicine
without a license” and with those non medical healing arts which would
be better served by amending current state law to exempt non massage arts
from requiring massage licensing.
For more information and UPDATES ON THIS LEGISLATION and to join with
other New York State empowered healers, and consumers, Contact:
NY State Healer’s Empowerment Coalition
P.O. Box 754217
Forest Hills, NY 11375
email: HealNet@aol.com
1-877-HealNet or 1-877-432-5638
see: www.ReikiPeaceNetwork.com
(for more information on A8704 and S4857)
Letter To NY State Elected Officials:
Dear
,
As a healer and/or consumer of alternative healing,
I strongly oppose the following very badly drafted bills which are being
considered in the New York State legislature, namely A8704, and S4857,
which seek to regulate a 'catch all' of unlicensed, non medical healing
modalities, including "but not limited to" Reiki spiritual laying
on of hands healing, along with an extended list of specified and unspecified
healing arts, including generalized "folk practices," "food,"
"water," "heat," and "cold," the use of
which are never defined in these bills.
Please specify your position on A8704 and S4857
to me by return mail. Please withdraw any and all support for this
legislation.
According to the supporters of A8704 and S4857, "there
has never been a consumer complaint about the quality or efficacy of a
modality" which is being considered in these bills. Therefore,
this legislation is unnecessary! Non medical healing modalities
do not require regulation as if they were medical modalities capable of
causing harm, or constituting "malpractice."
These bills would constitute a nightmare to administer,
as modalities are undefined and interpretation is at the behest of the
"State Health Commissioner" who would be in charge of drafting
"enforcement" policies, which could constitute a "witch
hunt" against excellent teachers and practitioners of alternative
healing modalities. This legislation would cause unnecessary expense
to the taxpayers of the State of NY to which I strongly and particularly
object, in these times of austerity and recession.
These bills would subject practitioners and teachers
of these healing arts to possible disciplinary actions (including felony
charges, subpoenas, fines, and confiscation of personal property, violation
of privacy rights, etc.) for practicing spiritual healing arts.
A number of these healing arts, such as Reiki (laying on of hands healing),
native American healing, Christian Science and Anthroposophy, are protected
under the first amendment of the U.S. Constitution, which guarantees the
right to spiritual practices of any person's choice, or as part of native
American treaty rights which the administration of these bills would violate!
Sufficient laws already exist on the books regarding
"practicing medicine without a license" and through litigation
as expressed in current NY State Law.
I respectfully insist on keeping my right to affordable
healing empowerment and alternative care, the right to transmit G-d's
healing energy (which can do no harm) through laying on of hands without
unnecessary prosecution or persecution by the State of New York.
Sincerely (with peace and healing),
(please print clearly):
Name:_______________________________
phone #:____________________
Address:______________________________
email address:________________
City/State:_____________________________________zip code:__________
IMPORTANT!! Sample Letter to NY State Elected Officials
Please Fill in Name & address of each elected official & Xerox!!
Please write in opposition to two very poorly drafted,
costly (to taxpayers and recipients of Reiki and alternative healing)
New York State bills, A8704 and S4857. Detailed information on these
bills can be found in an article posted on: www.ReikiPeaceNetwork.com
Please get all of your friends, those in your healing
practice to oppose these bills by writing letters to elected officials
detailing your concerns (you may make Xerox copies of the “Sample” letter
for each elected official and for distribution).
Please send us a copy of your letters, this will help us in organizing
strong vocal opposition to A8704 and S 4857. Send your copies to:
NY State Healer's Empowerment Coalition, P.O. Box 754217, Forest Hills,
NY 11375 -
phone: 1-877-HealNet (877-432-5638)
For additional details on these “bad” bills see www.ReikiPeaceNetwork.com
Letters should be sent to your New York State assembly
person and senator and to each of the following
elected officials:
You can locate your assembly person and/or access bill A8704: www.assembly.state.ny.us
You can locate your NY State senator and/or access bill S4857:
www.senate.state.ny.us
Governor George E. Pataki
State Capitol
Albany, NY 12224
(regarding S4857)
(regarding A 8704)
Hon. Joseph Bruno, NY Senate Maj. leader
Hon. Sheldon Silver, NY Assembly Speaker
909 Legislative Office Building
932 Legislative Office Building
Albany, NY 11247
Albany, NY 12248
(bill sponsors A8704- NY Assembly):
(bill sponsor S4857 - NY Senate):
Rep. Michael Gianaris
Sen. Kemp Hannon
22-77 31st St., Suite 107
1600 Stewart Ave., Suite 315
Astoria, NY 11105
Westbury, NY 11590
and
Rep. Vivian Cook
142-15 Rockaway Blvd.
Jamaica, NY 11432